400
Removal of property.
Compensation
improperly
-obtained.
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 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 property 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 in case order is of the last four foregoing Rules was applied for on insufficient grounds, 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 ground for his bringing the action, the Court may, if it thinks fit, on the application of the defendant, order the plaintiff to pay to tas 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.
Seamen's wages.
Accounts, how to be taken.
The Registrar to appoint time and place for inquiries and
taking accounts.
Books of account to be
facie evidence.
(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 and on such terms as the Court thinks fit.
179. Where money ordered by the Court to be paid is due for seameu'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.
180. When a judgment 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 be) to the summoning, swearing, examining, and produc- tion on taking any such accounts or prosecuting any such inquiries.
and
181. Where an order is issued for making inquiries or taking accounts, the Registrar shall direct all parties entitled to attend at the appointed place for the purpose of proceeding with such inquiries or accounts by summons returnable not less than three days after date; upon the day appointed and at any adjourned sitting the person appointed shall sit at the time and place appointed and hear all parties interested, or their legal practitioners.
182. Where an order directs accounts to be taken, any book of taken as prima account in which the accounts required to be taken or auy or them have been kept shall, unless the Court shall otherwise direct, be taken as prima faci evidence of the truth of the matters therein contained, with
•
Page 480Page 481
No comments yet.
Private notes are available after approval.