Directory_and_Chronicle_1911 — Page 417

424

Form 76.

Judgment

summons.

Forms 77 and 78

Examination

judgment debtor.

RULES OF SUPREME COURT IN CHINA

judgment cre litor, and upon proof that the judgment has not been satisfied, grant a certificate under the official seal of the validity of the judgment.

(2.) On the production of the certificate to any other Court established under the Principal Order it shall be registered in that Court, and all reasonable costs and charges attendant upon such registration shall be added to and recovered in like manner as if they were part of the original judgment.

(3.) When a certificate has been registered in a Court under this rule, proceedings may be taken in execution or by judgment summous in like manner as if the judgment had been obtained in that Court.

(4.) On proof of the setting aside or satisfaction of a judgment of which a certificate has been registered the Court in which the certificate has been registered may order the registration to be cancelled.

Summons to Judgment Debtor.

190.-(1.) Where an order ordering payment of money remains wholly or in part unsatisfied, whether an execution order has been made or not, the person prosecuting the order (in these Rules called the judgment creditor) may apply to the Court for a summons ordering a person by whom payment is to be made (in this Order called the judgment debtor) to appear and be examined respecting his ability to make the payment; and the Court shall, unless it see good reason to the contrary, grant a summons accordingly.

(2.) Every judgment summons under this Rule shall be issued and be servel personally five clear days at least before the day on which the judgment debtor is required to appear, except in the case provided for by section (3) of this Rule.

(3.) Where the applicant shall state to the Registrar that the judgment debtor is about to remove from his dwelling or place of business, or is keeping out of the way to avoid service, then the judgment summons may be issued and served at any time before the hearing. But the Court shall not act upon a summons issued under this Rule unless at the hearing it is satisfied by evidence on oath that at the time of the application the facts were as stated by the applicant.

(4) A judgment summons may issue without leave of the Court, except where the judgment is more then six years old.

(5.) The hearing of a judgment summons may be adjourned from time to time.

(6.) Upon the issue of a julgment summons against a party, the Marshal shall return into Court any warrant of execution against the goods of such party which may have been issued in the action.

(7.) Any witness may be summoned to prove the means of a judg- ment debtor in the same manner as witnesses are summoned to give evidence at a trial.

of 191.-(1.) On the appearance of the judgment debtor, he may be examined on oath by or on behalf of the judgment creditor and by the Court respecting his ability to pay the money ordered to be paid, and for discovery of property applicable thereto, and respecting his disposal of any property.

(2.) He shall produce, on oath or otherwise, all books, papers and documents in his possession or power relating to any property applicable to payment.

(3.) Whether the judgment debtor appears, or not, the judgment creditor and any witness whom the Court thinks requisite, may be examined on oath or otherwise, respecting the same matters.