CODE OF CIVIL PROCEDURE—HONGKONG.
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sale of the property of the defendant; but the defendant shall not be detained in custody or arrested on account of any sums so disbursed.
5.-Any person in confinement under a d ́eree may apply to the Court for his discharge. The application shall contain a full account of all property of whater r nature belonging to the applicant, whether in expectancy or in possession, and whether held exclusively by hims If 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 respec ively where such property is to be found; and such application shall b⚫ subscribed by the applicant and verified on affidavit.
6. On such application being made, the Court shall cause the execution creditor to be furnished with a copy of the account of the defendant's property and shall fix a 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 defendant's inability to satisfy the decree is attributable to unjustifiable extravagance in living, or that the defendant, for the purpose of proeuring his discharge without satisfying the decree, has wilfully concealed property, or his ri ht 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 specifiel, or at any subsequent period, make such proof to the satis'action of the Court, the Court shall retain the defendant in confinement unless he shall have already been in con- finement on account of the decree for the full term of his imprisonment.
7.--A defendant once discharged shall not again be imprisoned on account of the same decree, but his property shall continue liable, under the ordinary rules, to attachment and sale until the decree shall be fully satisfiel,
8. All questions regarding the amount of any mesne profits which by the terms of the decree may have been reserved for 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.
Enforcement of Orders.
LXXX. Any order of the Court made in any suit or proceeding may be enforced by leave of the Court, in the manner hereinbefore provided for the enforcement of decrees.
Commitment for l ́isobedience to a Decree or Order,
LXXXI.-Where any person is guilty of wilful disobedience to a decree or order, the person prosecuting the decree or order shall be entitled to apply to the Court for an order 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, s all, on such application, make an order accordingly.
2. The Court shall not grant the order except on evidence on oath or affidavit establishing such a case as, if uncontrad.cted 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.
4.-On the return-day of the order, if the person to whom it 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,--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.
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