Directory_and_Chronicle_1911 — Page 415

Directories & Chronicles 香港指南 All

422

Removal of property.

Compensation in case order is improperly obtained.

Seamen's wages.

Accounts, how to be taken.

The Registrar to appoint time and place for

RULES OF SUPREME COURT IN CHINA

to the order, the person prosecuting the order may apply to the Court for another order for the arrest of the disobedient person.

(3.) Thereupon the Court may make an order ordering and em- powering an officer of the Court therein named to take the body of the disobedient person and detain him in custody until further order.

(4.) He shall be liable to be de ained in custody until he has obeyed the order in all things that are to be immediately performed, and given such security as the Court thinks fit to obey the order in other respects (if any) at the future times thereby appointed.

177.-(1.) Where it is proved that the defendant, with intent to obstruct or delay the execution of any order obtained or to be obtained against him, is about to remove any property out of the jurisdiction of the Court, the Court may, if it thinks fit, on the application of the plaintiff order that properly to be forthwith seized and secured.

(2.) The Court may at any time on reasonable cause shown discharge or vary the order.

178,-(1.) If it appears to the Court that any order made under any of the last four foregoing Rules was applied for on insufficient grounds, or if the plaintiff's action fails, or judginent is given against him by default or otherwise, and it appears to the Court hat there was no sufficient groun | for his bringing the action, the Court may, if it thinks fit, on the application of the d fendant, order the plaintiff to pay to the defendant such amount as appears to the Court to be a reasonable compensation to the defendant for the expense and injury occasioned to him by the execution of the order.

(2.) Payment of compensation under this Rule is a bar to any action for damages in respect of anything done in pursuance of the order, and any such action, if begun, shall be stayed by the Court in such manner an on such terms as the Court hinks fit.

F

179. Where money ordered by the Court to be paid is due for seamen's wages, or is other money recoverable under the Merchant Shipping Act, 1894, or other law relating to ships, and the person ordered to pay is unas er or owner of a ship, and the money is not paid as ordered, the Court, in addition to other powe s for compelling payment, shall have power to direct tha the amount unpaid be levied by seizure and sale of that ship.

180. When a judgmen or order directs that any account be taken or inquiry made, such account shall be taken and inquiry made by such person as the Court shall direct, and all parties shall have the same power of summoning witnesses, including as witnesses any party in the action, and of examining them on such accounts or inquiries, and of com- pelling the production of documents, as they would have upon the trial of an action, and all Rules as to summoning, swearing, and examining of witnesses and the production of documents at the trial, shall be applicable (so far as may b) to the summoning, swearing, examining, and produc- tion on tak ng any such accounts or prosecuting any such inquiries.

181. Where an order is issued for making inquiries or taking accounts, the Registrar salt direct all parties entitled to attend at the taking accounts, appointed place for the purpose of proceeding with such inquiris or

inquiries and

Books of account to be

taken as prima facie evidence

accounts by summons returnable not less than tree days after date; and upon the day appointed and at any adjourned sitting the person appointed shall sit at the time and place appointed an I hear al parties interested, or their legal practitioners.

182. Where an order directs accounts to be taken, any book of account in which the accounts required to be taken or any or them have been kept shall, unless the Court shall otherwise direct, be taken as prima facie evidence of the truth of the matters therein contained, with

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