CO129-109 - Public Offices - 1865 — Page 118

៩៖

Place of imprisonment.

Expenses of maintenance in prison.

Effect of imprisonment.

Discharge from prison on pay

ment.

Bescinding or variation of order for

payment.

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(v.) That the debt or liability was wilfully contracted or incurred by him without his having had at the same time a reasonable expectation of being able to pay or discharge it; or

(vi.) Was contracted or incurred by him by reason of any prosecution or proceeding wherein he was found guilty of any crime or offence, or by reason of any proceeding for libel, slander, assault, battery, adultery, seduction, breach of promise of marriage, malicious arrest, mali- cious or frivolous and vexatious prosecution, malicious trespass, malicious injury, or the malicious filing or prosecution of a petition for adjudication of insolvency or bankruptcy,

then and in any such case the Court may, if it thinks fit, order that the person summoned be committed to prison for any time not exceeding forty days, and may issue a warrant for his com- mitment accordingly.

132. In places where there is no British prison, or no other place for the detention of a debtor in custody except the prison of the Chinese or Japanese authorities, the Court shall not commit the debtor if it appears that the last-mentioned prison is unfit, regard being had to the requirements of health and decency, for the confinement of a British subject under civil

process.

133. The expenses of the debtor's maintenance in prison must be defrayed in the first instance by the person prosecuting the decree or order, and may be recovered by him in such manner us the Court directs.

Such expenses shall be estimated by the Court, and shall be paid at such times and in such manner as the Court directs.

In default of payment the debtor may be discharged if the Court thinks fit.

134. Imprisonment under such a warrant does not operate as a satisfaction or extinguishment of the debt or liability to which the decree or order relates, or protect the person imprisoned from being anew summoned and imprisoned for any new fraud or other default rendering him liable to be imprisoned, or deprive the person prosecuting the decree or order of any right to have execution against his goods, as if there had not been such im- prisonment.

135. Any person so imprisoned, who pays the money by the decree or order directed to be paid, or the instalments thereof payable, and costs remaining due at the time of his commitment, and all subsequent costs and expenses, shall be discharged out of custody.

136. On the hearing of any such summons as aforesaid, the Court, if it thinks fit, whether it makes any order for the com-

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mitment of the person summoned or not, may rescind or alter any decree or order previously made against him for the payment of money by instalments or otherwise, and make any further or other order, either for the payment of the whole thereof, forth- with, or by any instalments, or in any other manner as the Court thinks reasonable and just.

Execution out of Jurisdiction.

where to be executed.

137. Ordinarily a warrant of execution or commitment shall Warrant of not be executed out of the particular jurisdiction except under an execution or order made for that purpose, on the request of the Court issuing commitment, the warrant, by the Court within whose jurisdiction 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 pro- duced by the execution or the person apprehended (as the case 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 minutes of proceedings) may order it to be executed out of the particular jurisdiction, and it may be so executed accordingly.

Arrest.

138. Where the decree or order is one directing some act to la what cases. be done other than payment of money, and the person directed

to do the act refuses or neglects to do it according to the exi- gency of the decree or order, the person prosecuting the decree

or order shall be entitled 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 con- Warrant. trary, on the application of the person prosecuting the decree or order, issue, under the seal of the Court, a warrant of arrest directed to a proper officer who shall be thereby empowered. to take the body of the disobedient person, and detain him in custody until further order.

Sequestration.

140. In case the person against whom the warrant of arrest In what cases. issues is not and cannot be found, or is taken and detained in custody under the warrant without obeying the decree or order,......... then the person prosecuting the decree or order shall be entitled to an order of sequestration against his property.

Commitment for Disobedience.

141. Where any person over whom the Court has jurisdiction In what cases.

is guilty of wilful disobedience to a decree or order, the person prosecuting the decree or order shall be entitled to apply

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