Directory_and_Chronicle_1912 — Page 458

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 detained 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 Removal of obstruct or delay the execution of any order obtained or to be obtained property. against bim, 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 property to be forthwith seized and secured.

(2.) The Court may at any time on reasonable cause shown discharge

or vary the order.

obtained.

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178,-(1.) If it appears to the Court that any order made under any in case order is

Compensation of the last four foregoing Rules was applied for on insufficient grounds, improperly or if the plaintiff's action fails, or judgment is given against him by default or otherwise, and it appears to the Court that 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.

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(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 thinks fit.

179. Where mouey ordered by the Court to be paid is due for Seamen's wages. 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 master or owner of a ship, and the money is not paid as ordered, the Court, in addition to other powers for compelling payment, shall have power to direct that the amount unpaid be levied by seizure and sale of that ship.

to be taken,

180. When a judgment or order directs that any account be taken Accounts, how 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 al! Rules as to summoning, swearing, and examining of witnesses and the production of documents at the trial, shall be applicable (so far as may be) to the summoning, swearing, examining, and produc- tion on taking any such accounts or prosecuting any such inquiries. The Registrar to

181. Where an order is issued for making inquiries or taking appoint time accounts, the Registrar shali direct all parties entitled to attend at the and place for appointed place for the purpose of proceeding with such inquiries or takingaccounts. accounts by summons returnable not less than three days after date; and upon the day appointed and at auy adjourned sitting the person appointed shall sit at the time and place appointed and hear all parties interested, or their legal practitioners.

inquiries and

account to be

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