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22. Whenever property is sold in execution of a decree, the person on whose ap- plication such property was attached shall be entitled to be first paid out of the proceeds thereof, notwithstanding a subsequent attachment of the same property by another party in execution of a prior decrce.
25. If, after the claim of the person on whose application the property was attached has been satisfied in full from the proceeds of the sale, any surplus remain, such surplus shall be distributed rateably amongst any other persons who prior to the order for such distribution may have taken out execution of decrees against the same defendant and not obtained satisfaction thereof: Provided that, when any property is sold subject to a mortgage, the mortgagee shall not be entitled to share in any surplus arising from
such sale.
24. If it shall appear to the Court, upon the application of a decree-holder, that any other decree under which property has been attached was obtained by fraud or other improper means, the Court may order that the applicant shall be satisfied out of the purpose, if such proceeds of the property attaclied so far as the same may suffice for the other decree be a decree of that Court, or, if it be a decree of another Court, may stay the proceedings to enable the applicant to obtain a similar order from the Court by which the decree was made.
Of Arrest in Execution of Decrees for Money.
LXXVI. Any person arrested under a warrant in execution of a decree for money 1. C. 273-275. may, on being brought before the Court, apply for his discharge on the ground that he has no present means of paying the debt, either wholly or in part, or, "if possessed of any property, that he is willing to place whatever property he possesses at the disposal of the Court. The application shall contain a full account of all property of whatever nature belonging to the applicant, whether in expectancy or in possession, and whether held exclusively by himself 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 respectively where such property is to be found. or shall state that, with the exceptions above-mentioned, the applicant is not possessed of any property, and the application shall be subscribed by the applicant and verified by affi-
davit.
2. When a person arrested under warrant in execution for a decree for money shall 1. A.23 of 1861.8.8 on being brought before the Court, apply for his discharge on either of the grounds inentioned in the last preceding paragraph, the Court shall examine the applicant in the presence of the plaintiff or his Counsel as to his then circumstances, and as to his future means of payment, and shall call upon the plaintiff to show cause why he does not proceed against any property of which the defendant is possessed and why the defendant should not be discharged; and should the plaintiff fail to show such cause, the Court may direct the discharge of the defendant from custody. Pending any enquiry which the Court may consider it necessary to make into the allegations of either party, the Court may leave the defondant in the custody of the Sheriff or other Officer to whom the service of the warrant was entrusted, on the defendant making the necessary deposit for paying the fees of such Officer; or if the defendant furnish good and sufficient secu- rity for his appearance at any time when called upon while such enquiry is being made his surety or sureties undertaking in default of such appearance to pay the amount mentioned in the warrant, the Court may release the defendant on such security.
The discharge of the defendant under the last preceding paragraph shall not protect him from being arrested again and imprisoned if it should be shown that, in the appli- cation made by him, he had been guilty of any concealment or of wilfully making any false statement respecting the property belonging to him, whether in possession or in expectancy or held for him in trust, or had fraudulently concealed, transferred, or removed any property, or had committed any other act of bad faith; nor shall such discharge exempt from attachment and sale any property then in the possession of the defendant, or of which he may afterwards become possessed.
Of the Execution of Decrees by Imprisonment.
LXXVII. When a defendant is committed to prison in execution of a decree, the 1.C. 270-283. Court shall fix whatever monthly allowance it shall think sufficient for his subsistence, not exceeding
per day, which shall be supplied by the party at whose
LA.29 of 1861.8.11.
S. R. 141-143.
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instance the decree may have been executed, to the proper Officer of the Court or of the gaol where the defendant may be in custody, by monthly payments in advance, before the first day of each month; the first payment to be made for such portion of the current month as may remain unexpired before the defendant is committed to prison. 2. The Court may, in case of illness or for other special cause, fix the monthly allow ance at such sum not exceeding
per day as shall appear necessary. The order fixing such allowance may from time to time be revised and altered on due cause being shown.
3. A defendant shall be released at any time on the decree being fully satisfied, or at the request of the person at whose instance he may have been imprisoned, or on such person omitting to pay the allowance as above directed. No person shall be imprisoned on account of a decree for a longer period than two years, or for a longer period than six months if the decree be for the payment of money not exceeding five hundred Dollars, or for a longer period than three months if the decree be for the payment of money not exceeding one hundred Dollars.
4. Sums disbursed by a plaintiff for the subsistence of a defendant in gaol shall be added to the costs of the decree and shall be recoverable by the attachment and sale of the property of the defendant under the foregoing rules; 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 decree may apply to the Court for his dis- charge. The application shall contain a full account of all property of whatever nature belonging to the applicant, whether in expectancy or in possession, and whether held exclusively by himself 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 respectively where such property is to be found; and such application shall be subscribed by the applicant and verified on affidavit.
6. On such application being made, the Court shall cause the plaintiff to be furnished with a copy of the account of the defendant's property and shall fix a reasonable period within which the plaintiff may cause the whole or any part of such property to be attach- ed and sold, or may make proof that the defendant, for the purpose of procuring his discharge without satisfying the decree, has wilfully concealed property, or his right or interest therein, or fraudulently transferred or removed property, or comunitted any other act of bad faith. If within such period the plaintiff shall fail to make such proof the Court shall cause the defendant to be set at liberty. If the plaintiff shall within the time specified or at any subsequent period prove to the satisfaction of the Court that the defendant has been guilty of any of the acts above-mentioned, the Court shall, at the instance of the plaintiff, either retain the defendant in confinement, or commit him to prison, as the case may be, unless he shall have already been in confinement two years on account of the decree; and may also, if it shall think proper, send the defend- ant to the Magistrate to be dealt with according to law.
7. A defendant once discharged shall not again be imprisoned on account of the same decree, except under the operation of the last preceding section, but his property shall continue liable, under the ordinary rules, to attachment and sale until the decree shall be fully satisfied.
8. All questions regarding the amount of any mesue 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 passed and relating to the execution of the decree, shall be determined by order of the Court.
Commitment for Disobedience to a Decree or Order.
LXXVIII. Where any person over whom the Court has jurisdiction 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 order or decree to show cause why he should not be punished for the disobedience. The Court, unless it sees good reason to the contrary, shall on such application make an order accordingly.
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