AD 1901.]

CODE OF CIVIL PROCEDURE.

[No. 3.

737

erotiable instrument, the Court may, by order, appoint some person to give any dividend or interest due in respect of any such share or negotiable instrument.

Execution of Judgment for Money by Imprisonment.

438. No person shall be imprisoned in execution of a judgment for a longer period than one year, or for a longer period than six months if the judgment is for the payment of money not exceeding five hundred dollars, or for a longer period than three months if the judgment is for the payment of money not exceeding one hundred dollars.

H. K. Code, s. 79 (3.)

allowance to prisoner for debt.

Ib. s. 79

439. When a judgment debtor is committed to prison in execution of the judgment, the Court shall fix whatever monthly allowance it may think sufficient for his subsistence, not exceeding twenty-five cents per diem, which shall be paid by the person at whose instance the judgment has been executed to the Superintendent of the Gaol by monthly payments in advance, before the first day of each month, the first payment made to be for such portion of the current month as may remain unexpired before the judgment debtor is committed to prison.

Removal to hospital of prisoner for debt in case of serious illness.

440.(1.) In case of the serious illness of any person imprisoned in execution of a judgment, it shall be lawful for the Court, on the certificate of the surgeon of the gaol in which he is confined or of the chief medical officer of the Government, to make an order for the removal of the judgment debtor to the Government Civil Hospital, and for his treatment there under custody until further order.

(2.) In any such case the period of the judgment debtor's stay in hospital shall be counted as part of his term of imprisonment, and his subsistence money shall be paid as if no such order had been made.

441. Every person imprisoned in execution of a judgment shall be released at any time on the judgment being fully satisfied, or at the request of the person at whose instance the judgment has been executed, or if such person omitting to pay his subsistence money.

Ib. s. 79 (3.).

amount of subsistence

442. All sums paid by a plaintiff for the subsistence of a person imprisoned in execution of a judgment shall be added to the costs of the judgment, and shall be recoverable by the attachment and sale of the property of the judgment debtor; but the judgment debtor shall not be detained in custody or arrested on account of any sum so paid.

443.—(1.) Any person imprisoned in execution of a judgment may at any time apply to the Court for his discharge.

(2) The application shall contain a full account of all property of

49A

Ib. s. 79 (4.)

Application of prisoner for debt for discharge,

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