IN CHINA AND JAPAN.
63
heing had to the requirements of hea th and decency, for the con- finement of a British subject under civil process.
133. The expenses of the debtor's maintenance is prison must Expenses of maintenance, be defrayed in the first instance by the person prosecuting the decree
or order, and may be recovered by him in such manner as the Court directs.
Such expenses shall be estimated by the Court, and shall be paid at such time and in such manner as the Court directs.
In default of payment the debtor may be discharged if the Court thinks fit.
in prison.
134 Imprisonment under such a warrant does not operate as Effect of imprisonment. a satisfaction or extinguishment of the debt or liability to which the decree or order relats, or prot et the prson imprisoned from being anew summoned and imprisoned for any new fraud or other default rend ring him liable to be imprisoned, or deprive the person pro- secuting the decree or order of any right to have execution against his goods, if there had not been such imprisonment.
on payment.
135. Any person so imprisoned, wo ways the money by the Discharge from prison decree or order directed to be paid, the instalments thereof payable, and costs ren aining due at the time of his commitment, and all subsequent costs and expenses, shall be discharged from custody.
of order for payment、
136. On the hearing of any such summons as aforesaid, the Rescinding or variation Court, of it thinks fit, whether it makes any order for the commitment of the per-ot summon d or not, may res ind or alter any decree or order previously made against him for the payment of money by instalment or otherwise, and make any further on other order, iter for the payment of the whole there of forthwith, or by any instalments, or in any other manner as the Court thinks reasonable and just.
Execution out of Jurisdiction.
137. Ordinarily a warrant of ex cution of commi ment shall not Warrant of execution or
2.
be executed.
be executed our of the particular jurisdiction, except under an order comitment, where t made for that purpose, on the request of the Court issuing the warrant, by the Court within whose juris liction it is to be executed, which Court may take such steps as if it had originally issued the warrant, but shall ultimately send any money produced by the execion or the person apprehended (as the ca e may be) to the Court from which the warrant issued, to be there dealt with according to law.
But where the urgency or other peculiar circumstances of the case appear to the Court issuing the warrant so to require, the Court (for reasons to be recorded in the minut s of proceedings) may order it to bexecuted out of the particular jurisdiction, and it may be so executed accordingly.
Arrest.
138. When the deeren or ‹rder is one directing some act to be In what cases. done other than paym ut of mo..ey, and the person directed to do the act refuses or neglects to do it aneording to the exigency of the decree or order, to pers n prosecu i g the decree or order shall be ent tlel to apply to the Court for a warrant of arrest against the disobedient person.
139. The Court shall, unless it sees good reason to the contrary, Warrant. on the application of the per on pros cuting the decree or order, issue, under the seal of the Court, a wariant of arrest directed to a poper officer, who shall be thereby empowered to take the body of the disobedient person and d-tain him in custody until further order.