CODE OF CIVIL PROCEDURE-HONGKONG
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for Discharge.
such Applica-
tion.
5.-Any person in confinement under a decree may apply to the Court Application for his discharge. The application shall contain a full account of all Procedure on property of whatever nature belonging to the applicant, whether in expec- tancy or in possession, and whether he d exclusively by himself or jo ntly with others, or by others in trust for im (except the necessary wearing apparel of himself and his family and the necessary implemen's of his trade), and the places respectively where such property is to be found; and such application shall be subscribed by the applicant and verified on affidavit.
1
6.-On such application being made, the Court shall cause the execu- Unjustifiable
Extravagance. tion creditor to be furnished with a copy of the account of the defendant's property and shall fix a reasonable period within which the execution creditor may cause the whole or any part of such property to be attached and sold, or may make proof that the defendant's inability to satisfy the decree is attributable to unjustifiable extravagance in living, or that the defendant, for the purpose of procuring his discharge without satisfying the decrec, has wilfully concealed property, or his right or interest therein, or frau lulently wilful Con- transferred or removed property, or committed any other act of ba faith. elment of If the execution creditor shall fail to make such proof, the Court shalt cause Fraudulent the defendant to be set at liberty. If the execution creditor shall within the time specified, or at any subsequent period, make such proof to the Faith. satisfaction of the Court, the Court shall retain the defendant in confine- ment unless he shall have already been in confinement on account of the decree for the full term of his imprisonment.
Property.
Transters.
set of bad
Debtor's Pro-
7.—A defendant once discharged shall not again be imprisoned on Continuance of account of the same decree, but his property shall continue lable, under Liability of the ordinary rules, to attachment and sale until the decree shall be fully party. satisfied.
Mesne Profits
Matters.
8.-All questions regarding the amount of any mesne profits which Decision of by the terms of the decree may have been rese. ved for adjustinent in the Questions se to execution of decre, or of any mesne profits or interest which may be and other payable in respect of the subjec matter of a snit between the date of the ins itution of the suit and execution of the decree, as well as questions relating to sums alleged to have been paid in discharge or satisfaction of the decree or the like, and any other questions a:ising between the parties to the suit in which the decree was made and relating to the execution of the decree, shall be determined by order of the Court.
Enforcement of Order.
LXXX. Any order of the Court made in any suit or proceeding may By Leave of be enforced by leave of the Court, in the manner bereinbefore provided the Court. for the enforcement of decrees.
Commitment for Disobedience to a Decree or Order. LXXXI.-Where any person is guilty of wilful disobedi nce to a Application for
Order against decree or order, the person prosecuting the decree or order shall be entitled Person guilty to apply to the Court for an order on the person disobeying such decree of. or order to show cause why he should not be punished for the disobedience. The Court, unless it sees good reason to the contrary, shall, on such application, make an order accordingly.
support.
2.-The Court shall not grant the order except on evidence on oath Evidence in or affidavit establishing such a case as, if uncontradicted and unexplained, would justify the immediate commitment of the person disobeying the decree or order.
3.-A certified copy of the order and of the affidavit or disposition on Copy to be which the order is granted shall be served on the party to whom the order served. is directe 1.
4.-On the return-day of the order, if the person to whom it is directed Proceedings on
Return-day. does not attend and does not establish a sufici nt excuse for not attending,