AD. 1901.]
CODE OF CIVIL PROCEDURE,
[No. 3.
721"
368.- In every case where costs would be recoverable by or from a private party, they shall be recoverable by or from the Crown.
All Crown fees payable under this Code or under any Ordinance relating to the Court, and all costs payable by or to the Crown (except Admiralty cases), shall be paid in current dollars only.
CHAPTER XVI.
EXECUTION.
Investigation as to Property of Judgment Debtor.
369.-(1.) Where a judgment directing payment of money remains wholly or in part unsatisfied, (whether a writ of execution has issued or not), the judgment creditor may apply to the Court for a summons requiring the judgment debtor to appear before the Court and be examined respecting his ability to make the payment directed; and the Court shall, unless it sees good reason to the contrary, issue such summons.
(2.) On the appearance of the judgment debtor, he may be examined upon oath by or on behalf of the judgment creditor, and by the Court, with respect to his ability to make the payment directed, and for the discovery of property applicable to such payment, and as to the disposal which he may have made of any property.
(3) The judgment debtor shall be bound to produce, upon oath or otherwise as the Court may think fit, all books, papers, and documents in his possession or power relating to property applicable to such payment.
(4.) Whether the judgment debtor so appears or not, the judgment creditor and all other witnesses whom the Court thinks requisite may be examined upon oath or otherwise, as the Court may think fit, respecting the matters aforesaid.
(5.) The Court may, if it thinks fit, adjourn the hearing of the summons from time to time, and require from the judgment debtor such security for his appearance at the adjourned hearing as may seem proper, and, in default of his finding security, may, by warrant, commit him to prison, there to remain until the adjourned hearing, unless sooner discharged.
(6.) The Court may, on such investigation as aforesaid, make an interim order for the protection of any property applicable to the payment directed as it may think expedient.
Modes of enforcing Judgment.
by or to the Crown, etc. Ord. No. 4 of 1857 s. 3.
Ord. No. 3 of 1858 s. 16.
Summons to judgment debtor to appear and be examined as to his ability to pay judgment debt, and proceedings thereon.
H. K. Code, s. 69.
370. If the judgment is for immovable property, the party who has obtained the judgment shall be put in possession of the property, if necessary, by the Bailiff.
Judgment for immovable property. Ib. s. 70 (1.)
Page 70
Page 71
AD. 1901.]
CODE OF CIVIL PROCEDURE,
[No. 3.
721"
368.- In every case where costs would be recoverable by or Costs payable 36/11§15 from a private party, they shall be recoverable by or from the Crown.
Guy ..
All Crown fees payable under this Code or under any Ordinance relating to the Court, and all costs payable by or to the Crown (except
Admiralty cases), shall be paid in current dollars only.
CHAPTER XVI.
EXECUTION.
Investigation as to Property of Judgment Debtor. 369.-(1.) Where a judgment directing payment of money remains holly or in part unsatisfied, (whether a writ of execution has issued or not), the judgment creditor may apply to the Court for a summons re- quiring the judgment debtor to appear before the Court and be exam- ined respecting his ability to make the payment directed; and the Court chall, unless it sees good reason to the contrary, issue such summons.
(2.) On the appearance of the judgment debtor, he may be examined upon oath by or on behalf of the judgment creditor, and by the Court, with respect to his ability to make the payment directed, and for the discovery of property applicable to such payment, and as to the disposal which he may have made of any property.
(3) The judgment debtor shall be bound to produce, upon oath or otherwise as the Court may think fit, all books, papers, and documents in his possession or power relating to property applicable to such pay-
ment.
(4.) Whether the judgment debtor so appears or not, the judgment creditor and all other witnesses whom the Court thinks requisite may be examined upon oath or otherwise, as the Court may think fit, respecting the matters aforesaid.
(5.) The Court may, if it thinks fit, adjourn the hearing of the ummons from time to time, and require from the judgment debtor such security for his appearance at the adjourned hearing as may seem proper, and, in default of his finding security, may, by warrant, commit him to prison, there to remain until the adjourned hearing, unless sooner dis- charged.
(6.) The Court may, on such investigation as aforesaid, make an interim order for the protection of any property applicable to the payment directed as it may think expedient.
Modes of enforcing Judgment.
by or to the Crown, etc. Ord. No. 4 of ord. No. 3 of
1857 8. 3.
1858 s. 16.
Summons to debtor to judgment appear and as to his be examined
ability to pay judg ment debt, and proceed- ings thereon.
H. K. Code,
8. 09.
370. If the judgment is for immovable property, the party who has Judgment obtained the judgment shall be put in possession of the property, if necessary, by the Bailiff.
for immov- able property. Ib. s. 70 (1.)
48A
Page 70Page 71
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