Directory_and_Chronicle_1898 — Page 386

Directories & Chronicles 香港指南 All

CODE OF CIVIL PROCEDURE-HONGKONG

329

obeyed without

9.-A person directed by a decree or order to pay money, or do any Decree to be other act, is bound to obey the decree or order without any demand for Demand. payment or performance.

10. Whenever the Court shall deliver a written judgment the original, Written

Judgment or a copy thereof sigued by the judge, shall be filed in the suit or other to be led. proceeding.

Review of Judgment-Re-hearing--New Trial

LXVIII-The Court may in any case, on such terms as seem just, General Power: review any judgment, or order a re-hearing or new trial, with or without of the Court. a stay of pr. ceedings.

Review by

2.-Any application for a review of judgment or for a re-hearing or Application for new trial must be made on notice of motion filed not later than fourteen Notice of days after such de cision or hearing or verdict.

Motion.

Stay of Pro-

3. Such notice shall not of itself operate as a stay of proceedings; Such Notice no but any money in Court in the suit shall be retained to abide the result ceedings- of he motion or the fur her order of the Court.

Money in Court.

after 14 Days.

4-After the expiration of such fourteen days, application for Application such review, re-hearing, or new trial shall not be admitted, except by special leave of the Court, on such terms a seem just.

demanded.

5.-On an order for re-hearing or new trial, either party may demand Jury may be a jury for the second trial, though the first was not with a jury.

-

6. The Court may, if it think fit, make it a condition of granting a Court may re-hearing or new trial that the trial shall be with a jury.

order Jury.

new Evidence,

Improper

7. The discovery of new matter or evidence which was not within Discovery of the knowle 'ge of the applicaut, or could not be adduced by him at the trial, may be ground for a new trial, but the improper admission or rejection Admission or of evidence shall not be a ground of itsel for a new trial or reversal of Rejection of any ju 'gment in any case, if it shal appear to the Court that, in lepen- dently of the evidence objected to an admitted, there was sufficient evidence to justily the judgment, or that if the reje ted evidence had been receive it ought not to have varie the judgment.

Evidence.

where Applica-

8. When an appl a ion for a review of judgment, re-hearing, or Proceedings new trial s granted, a note thereof shali be made in the register of suits, tion is granted. an the Court shall give such order in regard thereto as it may deem proper in the ir umstances of the case.

t

PART III.

PROCEEDINGS TO ENFORCE THE DECREE-EXECUTION

CHAPTER XI.

Investigation as to Property of Judgment Debtor

Debtor.

LXIX.-- Where a decree directing payment of money remains wholly Examination o in par unsatisfied (whether a writ of execution has issued or not) the of Judgment person prosecuting the e ree may apply to the Court for a summons, requir. ing the person by whom payment is directe to be ma 'e to appear and be examiner specting his ability to make the payment irected, and the C urt s all, unless it sees good reason to the contrary, issue such a summons.

Property.

2. On the a pearance of the person against whom the summons is Discovery of issue, he may be examined on oath by or on beha f of the person prosecut- ing the decree, and by the Co rt, respecting his ability to pay the money directed to be paid, and or the dis o ery of property applicable to such payment, and as to the disposal which he may have made o any property.

3. He shall be bound to produce on oath, or otherwise, ali books, Production of papers, and documents in his possession or power re ating to property Documents. applicable to such payment.

Books and

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