Directory_and_Chronicle_1882 — Page 633

Commitment.

Face of imprisonment.

62

RULES OF SUPREME COURT

or property applicable to such payment, and as to the disposal which he may have been made of any property.

He shall be bound to produce, on oath or otherwise, all books, papers, and documen s in his ssession or power, relating to property applicable to such payment.

He may be examined as to the circumstances under which he contracted the debt or incurred the liability in respect of which the payment money is by the decree or order dir cted to be male, and as to the means or expe tation he then had of paying the debt or discharging the liability.

He shall be bound to sign his examination when reduced into writing.

Whether the per-on summoned appears or not, the person prosecuting the decree or order, and all other witnesses whom the Court thinks requisite, may be examined on oath or otherwise respecting the matters aforesaid.

The Court may, it it thinks fit, adjourn the hearing of the summons from time to time, and require from the person summoned such security for his appearance at the adjourned Learing as seems fit, and in default of his finding security, may, by warrant, commit him to prison, there to remain until the adjourned hearing, unless sooner discharged.

131. In any of the following cases,—

(i.) If it appears to the Court by the examination of the

person summoned or other evidence, that he then has or since the making of the decree or or ler has had sufficient means to pay the money directed to be paid by him, and he refuses or negl ets to pay the same according to the decree or order; or (ii.) That, with intent to defraud his creditors, or any of them, he has made or suffered any gift, delivery, or transfer of any property, or changed, removed, or cancelled any property; or

(iii) T at the debt or liability in question was contracted or incurred by him, by or by reason of fraud or false pretence, or breach of trust, committed by him; or

(iv.) That forbearance thereof was obtained by him by fraud

or false pretence; or

(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, butery, adultery, seduction, breach of promise of marriage, malicious arrest, malicious or frivolous and vexatious prose ution, malicious trespass, malicious injury, or the malicious filing or prosecution of a petition for adjudication of ins Iveney or bankruptcy, then and in such case the Court may, if it thinks fit, order that the person summoned be committed to prison for any time not exc eding forty days, and may issue a warrant for his commitment 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 Curt shall not commit the debtor, if it appears that the last-mentioned prison is unfit, regard