Directory_and_Chronicle_1900 — Page 396

Decree to be

336

CODE OF CIVIL PROCEDURE-HONGKONG

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

payment or performance.

Demand.

Written Judgment

to be filed.

General Powers of the Court.

Application for

Review by Notice of Motion.

Such Notice no

10. Whenever the Court shall deliver a written judgment the original, or a copy thereof signed by the judge, shall be filed in the suit or other proceeding.

Review of Judgment-Re-hearing-New Trial LXVIII.—The Court may in any case, on such terms as seem just, review any judgment, or order a re-hearing or new trial, with or without a stay of proceedings.

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

3.-Such notice shall not of itself operate as a stay of proceedings; but any money in Court in the suit shall be retained to abide the result Money in Court. of the motion or the further order of the Court.

Stay of-Pro- ceedings-

Application

4-After the expiration of such fourteen days, application for after 14 Days. such review, re-hearing, or new trial shall not be admitted, except by

special leave of the Court, on such terms as seem just.

Jury may be demanded.

Court may order Jury.

Discovery of

Improper Admission or Rejection of Evidence.

5.-On an order for re-hearing or new trial, either party may demand

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 re-hearing or new trial that the trial shall be with a jury.

7. The discovery of new matter or evidence which was not within now Evidence, the knowledge of the applicant, or could not be adduced by him at the trial, may be ground for a new trial, but the improper admission or rejection of evidence shall not be a ground of itself for a new trial or reversal of any judgment in any case, if it shall appear to the Court that, indepen- dently of the evidence objected to and admitted, there was sufficient evidence to justify the judgment, or that if the rejected evidence had been received it ought not to have varied the judgment.

Proceedings

8.-When an application for a review of judgment, re-hearing, or where Applica- new trial is granted, a note thereof shall be made in the register of suits, tion is granted. and the Court shall give such order in regard thereto as it may deem

proper in the circumstances of the case.

Examination of Judgment Debtor.

Discovery of Property.

Production of

Books and Documents.

PART III.

PROCEEDINGS TO ENFORCE THE DECREE-EXECUTION

CHAPTER XI.

Investigation as to Property of Judgment Debtor

LXIX.-Where a decree directing payment of money remains wholly or in part unsatisfied (whether a writ of execution has issued or not) the person prosecuting the decree may apply to the Court for a summons, requir ing the person by whom payment is directed to be made to appear and be examined respecting his ability to make the payment directed, and the Court sball, unless it sees good reason to the contrary, issue such a summons.

2. On the appearance of the person against whom the summons is issued, he may be examined on oath by or on behalf of the person prosecut- ing the decree, and by the Court, respecting his ability to pay the money directed to be paid, and for the discovery of property applicable to such payment, and as to the disposal which he may have made of any property. 3. He shall be bound to produce on oath, or otherwise, ali books, papers, and documents in his possession or power relating to property applicable to such payment.