Land
To proving
domingo (AN
$ 21
besgeut kommiger 13z& Ge
explo vun "l mud.q
300
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 as 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.
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 imprisonment.
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.
On the hearing of any such summons as aforesaid, the court, if it thinks fit, whether it makes any Order for the commitment 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, forthwith, or by any instalments, or in any other manner as the Court thinks reasonable and just.
Attachment of Debts.
It shall be lawful for any creditor or Suitor who shall have obtained a Judgement Order or Decree for the Payment of any Money in the Court (hereinafter called the Judgment Creditor) to apply for a Rule that the Person against whom Judgment Order or Decree shall have been made (hereinafter called the Judgment Debtor) should be orally examined before the Court as to any and what Debts are owing him.
It shall be lawful for the court, upon the ex-parte Application of such Judgment creditor, either before or after such oral Examination, and upon Affidavit by himself or his Attorney stating that such Judgment, Order, or Decree has been obtained and that it is still unsatisfied, and to what Amount, and that any other Person is indebted to the Judgment Debtor, and is within the Jurisdiction of the court, to order that all Debts owing or accruing from such third Person (hereinafter called Garnishee) to the Judgment Debtor, shall be attached to answer such Judgment Order or Decree; and by the same, or any subsequent Order, it may be ordered that the Garnishee shall appear before the Court, to shew Cause why he should not pay the Judgment Creditor the Debt due from him to the Judgment Debtor, or so much thereof as may be sufficient to satisfy such Judgment, Order or Decree.
Service of an Order that Debts due or accruing to the Judgment Debtor shall be attached, or Notice thereof to the Garnishee in such Manner as the court shall direct, shall bind such Debts in his Hands.
Page 349
Land
To proving
domingo (AN
$ 21
besgeut kommiger 13z& Ge
explo vun "l mud.q
300
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 such manner as the court directs.
Such expenses shall be estimated by the Court, and shall be paid at such times and in much manner as the Court directs.
+
In default of payment the Debtor may be discharged
if the court thinks fit.
Imprisoment 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 imprisonment.
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.
On the hearing of any such summons as aforesaid, the court, if it thinks fit, whether it makes any Order for the com- 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, forthwith, or by any instalments, or in any other manner as the Court thinks reasonable and just.
Attachment of Debts.
It shall be lawful for any creditor or Suitor who shall have obtained a Judgement Order or Decree for the Payment of any Money in the Court (hereinafter called the Judgment Credi- tor) to apply for a Rule that the Person against whom Judgment Order or Decree shall have been made (hereinafter called the Judgment Debtor) should be orally examined before the Court as to any and what Debts are owing him.
•
far
It shall be lawful for the court, upon the ex-parte Application of such Judgment creditor, either before or after such oral Examination, and upon Affidavit by himself or his Attorney stating that such Judgment, Order, or Decree has been obtained and that it is still unsatisfied, and to what Amount, and that any other Person is indebted to the Judgment Debtor, and is within the Jurisdiction of the court, to order that all Debts owing or accruing from such third Person (hereinafter called Grünishee) to the Judgment Debtor, shall be attached to answer such Judgment Order of Decree; and by the same, of any subsequent Order, it may be ordered that the Garnishee shall appear before the Court, to shew Cause why he should not pay the Judgment Creditor the Debt due from him to the Judgment Debtor, or so much thereof t as may be sufficient to satisfy such Judgment, Order or Decree.
Service of an Order that Debts due or accruing to the Judgment Debtor shall be attached, or Notice thereof to the Garnishee and such Manner as the court shall direct, shall bind such Debts in his Hands.
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349
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