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504
THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.
Application 5. Any Person in Confinement under a Decree may apply to for Discharge, the Court for his Discharge. The Application shall contain a Procedure on full Account of all Property of whatever Nature belonging to the such Applica-
Applicant, whether in Expectancy or in Possession, and whether tion.
held exclusively by himself or jointly 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 Trade), and of the Places respectively where such Property is to be found; and such Application shall be subscribed by the Applicant and verified on Affidavit.
Unjustifiable 6. On such Application being made, the Court shall canse the Extravagance. Execution Creditor to be furnished with a Copy of the Account of the Defendant's Property and shall fix à 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 Defei dant'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 Wilful Con- satisfying the Decree, has wilfully concealed Property, or his Right or Interest therein, or fraudulently transferred or removed Property, or committed any other Act of bad Faith. If the Execution Creditor shall fail to make such Proof, the Court shall cause 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 Satisfaction of the Court, the Court shall retain the Defendant in Confinement, unless he shall have already been in Confinement on Account of the Decree for the full Term of his Imprisonment. Continuance of 7. A Defendant once discharged shall not again be imprisoned Liability of on Account of the same Decree, but his Property shall continue Debtor's Pro- liable, under the ordinary Rules, to Attacliment and Sale until perty.
the Decree shall be fully satisfied.
cealment of Property. Fraudulent Transfers. Act of bad Faith.
and other Matters.
Decision of 8. All Questions regarding the Amount of any Mesne Profits Questions as to which by the Terms of the Decree may have been reserved for Mesne Profits Adjustment in the Execution of the Decree, or of any Mesne Profits or Interest which may be payable in respect of the Subject Matter of a Suit between the Date of the Institution 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 arising 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.
By Leave of the Court.
Application for
of.
Enforcement of Orders.
LXXX. Any Order of the Court made in any Suit or Pro- ceeding may be enforced by Leave of the Court, in the Manner hereinbefore provided for the Enforcement of Decrees.
Commitment for Disobedience to a Decree or Order. LXXXI. Where any Person is guilty of wilful Disobedience Order against to a Decree or Order, the Person prosecuting the Decree or Person guilty Order shall be entitled to apply to the Court for an Orde on the Person disobeying such Decree 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, ou such Application, make an Order accordingly. t
Evidence in support.
Copy to be served.
2. The Court shall not grant the Order except on Evi- dence on Oath 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 Deposition on which the Order is granted shall be served on the Party to whom the Order is directed.
Proceedings on 4. On the Return-day of the Order, if the Person to whom it Return-day. is directed does not attend and does not establish a sufficient Excuse for not attending, and if the Court is satisfied that the Order has been duly served,--
1,--or if he attends and does not show Cause to the Satisfaction of the Court why he should not be punished for the Disobedience, the Court may issue a Warrant for his Commitment to Prison.
Enlargement of Time aud Conditional Order.
Duration of Detention.
5. The Court may enlarge the Time for the Return to the Order, or may, on the Return of it and under Circumstances which would strictly justify the immediate Commitment of the Person guilty of the Disobedience, direct that the Warrant for his Commitment shall issue only after a certain Time and in the Event of his continued Disobedience at that Time to the Decree or Order in respect of which he has been guilty of Disobedience.
6. A Person committed for Disobedience to a Decree or Order is liable to be detained in Custody until he has obeyed the Decree or Order in all Things that are to be immediately performed, and given such Security as the Court thinks fit to obey the other Parts of the Decree or Order (if any) at the future Times thereby appointed,-or in Case of his no longer having the Power to obey the Decree or Order, then until he has been imprisoned for such Time or until he has paid sneb
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