Directory_and_Chronicle_1914 — Page 447

RULES OF SUPREME COURT IN CHINA

amount due by the garnishee to the judgment debtor or such portion of it as may be sufficient to satisfy the judgment or order.

garnishee

222. The summons shall be personally served on the garnishee, and service of shall have the effect of preventing his parting with or disposing of any summons. debt due, owing or accruing from him to the judgment debtor.

where gar- nishce pays.

223. Where the garnishee shall pay into Court three clear days No costs before the return day of the summons the amount due from him to the judgment debtor or an amount equal to the judgment or order, he shall not be liable for any costs.

summons.

224. Upon the return day of the summons the Court shall determine Order on as to the liability of the garnishee and as to the party by whom the costs garnishe of the proceedings shall be paid, and make an order in accordance with such decision.

Appeal to Supreme Court.

for leave to

225. Where an application for leave to appeal is made in a Provincial Applications Court or in the Supreme Court it shall be made by motion in open Court, appeal. and if leave is given the appellant shall file his motion-paper of appeal in the Provincial Court within seven days after leave given by the Pro- vincial Court, and within fourteen days after leave given by the Supreme Court, as the case my be.

226.—-(1) An appeal to the Supreme Court shall not lie from an order Notice of of a Provincial Court made on the application of one party without notice appeal. to the other party.

(2) But, if any person thinks himself aggrieved by such an order, he may, on notice to the other party, apply to the Provincial Court to vary or discharge the order, and an appeal shall lie from the decision on that application.

227--(1) The appellant shall give security to the satisfaction of security for the Provincial Court to an amount not exceeding 501. for prosecution of costs, the appeal, and for payment of any costs that may be ordered by the Supreme Court on the appeal to be paid by the appellant to any person.

(2) The appellant shall pay to the Provincial Court such sum as the Provincial Court thinks reasonable to defray the expense of the making up and transmission of the record to the Supreme Court.

228.-(1) After three months from the date of a decision of the Time for Provincial Court an appeal against it shall not lie except by leave of the appeal. Supreme Court.

(2) After six months from the date of a decision of the Provincial Court application for leave to appeal against it shall not be entertained by the Supreme Court.

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229.-(1) Where a person ordered to pay money or to do any Execation other thing appeals, the Provincial Court shall direct either that the pending appeal decision appealed from be carried into execution or that the execution thereof be suspended pending the appeal, as that Court thinks fit.

(2) If the Provincial Court directs the decision to be carried into execution the person in whose favour it is given shall, before the execu- tion of it, give security to the satisfaction of the Court for perfor- mance of any order to be made on appeal.

(3) If the Provincial Court directs the execution of the decision to be suspended, the person against whom it is given shall, before an order for suspension is made, give security to the satisfaction of the Provincial Court for performance of such order as shall be made on appeal.

230.—(1) In every appeal the appellant shall file an appeal motion- Appeal paper in the Provincial Court.

(2) He may at the same time file any argument which he desires to submit to the Supreme Court in support of the appeal.

Lotion.