Directory_and_Chronicle_1913 — Page 449

436

Confirmation of award.

Form 86.

Matter may be remitted for reconsidera. tion.

Irregularity

Examination

of the defen.

dant as to

lebta owing to him.

Order for

examination of

RULES OF SUPREME COURT IN CHINA

216.—(1.) The Arbitrators or Umpire making an award shall, within he time limited, deposit the award in tlie proper office of the Court inclosed in a sealed cover and indorsed with the names of the parties to the reference and with a note of the amount claimed by the Arbitrators and Umpire for remuneration.

(2.) Notice of the award having been deposited shall be served by the Court on the parties, who shall be at liberty to read the award and to have copies of it.

(3.) Any person interested may, within fourteen days after notice of the award, apply to the Court to prevent the execution of the award or of any specified part of it.

(4.) In default of any such application the award shall be entered as the judgment in the cause, and shall be as binding and effectual to all intents as if given by the Court, and execution may issue and all things be done thereupon as upon a judgment of the court.

217. The Court may at any time remit the matters referred or any of them to the reconsideration and redetermination of the Arbitrators or Umpire, or may, in case the Arbitrators refusing or neglecting to act, or with the consent of both parties, revoke the reference, or order another reference to be made in the same manner on such terms as to costs and other matters as the Court thinks fit.

218. The Court shall not refuse to execute an award merely on the ground of irregularity in the submission or during the reference, where the irregularity has not been substantially prejudicial to any party objecting.

Attachment of Debts.

219. Where a plaintiff is desirous that the defendant shall be orally examined after judgment has been given against him as to what debts are due and owing or accruing to him, the plaintiff shall, before such examination, give the Registrar a statement in writing of the name, address, and description of the persons within the jurisdiction of the Court whom be considers to be indebted to the defendant.

220. When such a statement has been lodged, the defendant, after judgment has been given against him, may be examined before the Court to debts due to as to any debts due, owing, or accruing to him from any persons men-

defendant as

him.

Form 87.

Proceedings against garnishes.

Form 88.

tioned in the statement, and if any such person be then present, he may be required forthwith, if he admits the debt, to show cause why he should not be ordered to pay into Court for the benefit of the judgment creditor the amount of such debts or such portion of it as will satisfy the judgment debt, and the Court may make an order for the payment of such debt or such portion as will satisfy the judgment debt, and such order may be enforced in the same manner as any other order of the Court, and when such person pays the money so ordered he shall not be liable for any costs. A receipt shall be given for the same to the person paying the same, which shall be a sufficient discharge and acquittance for such amount as between the person paying aud the judgment debtor.

221. A plaintiff who has not previously lodged such a statement as required by Rule 219, and who has obtained a judgment or order for the recovery and payment of money, or a defendant who has obtained such judgment against the plaintiff, may at any time lodge with the Registrar an affidavit that the judgment or order is unsatisfied, and that a third person (hereafter alluded to as the Garnishee) is indebted to the judgment debtor, and is within the jurisdiction of the Court as regards such debt, and the Registrar shall thereupon issue a sum- mons to the garnishee at the suit of the judgment creditor for the

y