CODE OF CIVIL PROCEDURE-HONGKONG
889
Prisoner for
3.-A defendant shall be released at any time on the decree being Release of fully satisfied, or at the request of the person at whose instance he may be have been imprisoned, or on such person omitting to pay the allowance above directed. No person shall be imprisoned on account of a decree for Term of Im- a longer period than one year, or for a longer period than six months if prisonment for the decree be for the payment of money not exceeding five hundred doll irs, or for a longer period than three months if the decree be for the payment of money not exceeding one hundred dollars.
Debt.
4. Sums disbursed by a plaintiff for the subsistence of a defendant Subsistence
Money to be in gaol shall be added to the costs of decree, and shall be recoverable added to by the attachment and sale of the property of the defendant; but the amount of defendant shall not be detained in custody or arrested on account of any sums so disbursed.
Decree.
for Discharge.
tion.
5. Any person in confinement under a decree may apply to the Court Application for is discharge. The application shall contain a full account of all procedure on property of whatever nature belonging to the applicant whether in expec- such Applica tancy or in possession, and whether he'd exclusively by himself or jo.ntly with others, or by others in trust for him (except the necessary wearing apparel of himself and his family and the necessary implements of his trad.), and the places respectively where such properly is to be found; and such application shall be subscribed by the applicant and verified on affidavit.
6.-On such application being made, the Court shall cause the execu- Unjustifiable tion creditor to be turnished with a copy of the account of the defendant's Extravagance, property and shall fix a reasonable period within which the execution creditor may cause the whole or any part of such property to be at ached and eold, or inay mak proof that the defendant's inability to satisfy the decree is attributable to usju tifiable extravagance in living, or that the defendant, for the purpose of procuring his discharge without satisfying the decree, has wilfully concealed property, or his right or interest therein, or fraudulently wilful Con- transferred or removed property, or committed any other act of bai faith. cealment of If the execution creditor small fail to make such proof, the Court shal, cause Fraudulent the defendant to be set at liberty. If the execution creditor shall within Transters. the time specifie, or at any subsequent period, make such proof to the Faith. satisfaction of the Court, the Court sh..ll retain the defendant in confine- ment unles he shall h ve already been in co finement on account of the decree for the full term of is imprisonment.
Property.
Act of bud
7.-A defendant once discharged shall not again be imprisoned on Continuance of accoun of the same decree, but his property shall continue l'able, under Liability of the ordinary rules, to attachment and sale until the decree shall be fully perty.
satisfied.
Debtor's Pro-
Mesne Profits
Matters.
8. Al questions regarding the amount of any mesne profits which Decision of by the terms of the decree may have been rese, vel for adjust men in the Questions as to execution of decree, or of any mesne profits or interest which may 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 dɩ charge or satisfaction of the decree or the like, and any other questions a ising het een the part.es to the sut 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 hereinbefore provided the Court for the enforcement of decrees.
Commitment for Disobedience to a Decree or Order LXXXI.-Where any person is guilty of wilful disobedience to a Application for decree or order, the person prosecuting the decree or order shall be entitled Person guilty of
Order against