213547-1934-Supplementary-Draft-Bills--Sand-Foreign-Judgments-Reciprocal-Enforcement--Cremation — Page 6

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(d) For making provision with respect to the fixing of the period within which an application may be made to have the registration of the judgment set aside and with respect to the extension of the period so fixed;

(e) For prescribing the method by which any question arising under this Ordinance whether a foreign judgment can be enforced by execution in the country of the original court, or what interest is payable under a foreign judgment under the law of the original court, is to be determined;

(f) For prescribing any matter which under this Ordin- ance is to be prescribed.

(2) Rules made for the purposes of this Ordinance shall be expressed to have, and shall have, effect subject to any such provisions contained in orders in council made under section 3 of this Ordinance as are declared by the said orders to be necessary for giving effect to agreements made between His Majesty and foreign countries in relation to matters with respect to which there is power to make rules of court for the purposes of this Ordinance.

6.-(1) On an application in that behalf duly made by Cases in any party against whom a registered judgment may be which enforced, the registration of the judgment-

(a) shall be set aside if the registering court is satisfied- (i) that the judgment is not a judgment to which this Ordinance applies or was registered in contravention of the foregoing provisions of this Ordinance; or

(ii) that the courts of the country of the original court had no jurisdiction in the circumstances of the case; or

(iii) that the judgment debtor, being the defendant in the proceedings in the original court, did not (notwithstanding that process may have been duly served on him in accordance with the law of the country of the original court) receive notice of those procedings in sufficient time to enable him to defend the proceedings and did not appear; or

(iv) that the judgment was obtained by fraud; or

(v) that the enforcement of the judgment would be contrary to public policy in the country of the registering court; or

(vi) that the rights under the judgment are not vested in the person by whom the application for registration was made; (b) may be set aside if the registering court is satisfied that the matter in dispute in the proceedings in the original court had previously to the date of the judgment in the original court been the subject of a final and conclusive judg- ment by a court having jurisdiction in the matter.

(2) For the purposes of this section the courts of the country of the original court shall, subject to the provisions of sub-section (3) of this section, be deemed to have had jurisdiction--

(a) in the case of a judgment given in an action in personam-

(i) if the judgment debtor, being a defendant in the original court, submitted to the jurisdiction of that court by voluntarily appearing in the proceedings otherwise than for the purpose of protecting, or obtaining the release of, property seized, or threatened with seizure, in the proceedings or of contesting the jurisdiction of that court; or

registered judgments must, or

may, be

set aside.

23 Geo. 5, c. 13, s. 4.