1988 Ed.] The Rules of the Supreme Court-Order 49B
[CAP. 4
A 191
able or will be able to satisfy the judgment, wholly or partly, by instalments or otherwise, it may order him to satisfy the judgment in such manner as it thinks fit. (b) The Court may, on application, discharge, vary or suspend an order made under sub-paragraph (a), either absolutely or subject to such conditions as it thinks fit,
(3) (a) Where the judgment debtor fails to comply with an order made under paragraph (2), the judgment creditor may apply to the Court, on not less than 2 clear days' notice to the judgment debtor, for an order for the imprisonment of the judgment debtor and the Court may, unless the judgment debtor shows good cause, order the imprisonment of the judgment debtor for a period not exceeding 3 months.
(b) Notwithstanding rule 7, the Court may order the imprisonment of the judgment debtor on each occasion of a failure to comply with an order under paragraph (2) or more than once in respect of a continuing failure to comply with an order under that paragraph.
(4) The order for imprisonment shall be in Form No. 104 in Appendix A.
(5) The application under paragraph (3)(a) shall be in Form No. 105 in Appendix A.
(6) An order under paragraph (1), (2) or (3) shall not prevent execution of the judgment by other means unless the Court so directs.
(7) An order for imprisonment of a judgment debtor shall be made in open court.
Imprisonment not to satisfy debt (O. 49B, r. 1C)
1C. An order for imprisonment under this Order shall not satisfy or extinguish any judgment debt.
Support and maintenance allowance to prisoner for debt (O. 49B, r. 2)
2. 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 support and maintenance, not exceeding $150 per diem, which shall be paid by the person at whose instance the judgment has been executed to the Commissioner of Correctional Services by monthly payments in advance, the second and subsequent such payments to be made not less than 7 days before the last preceding such payment is exhausted.
Removal to hospital of prisoner for debt in case of serious illness (O. 49B, r. 3)
3. (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
[Subsidiary]
App. A. Form 104.
App. A. Form 105.
L.N. 74-1989.