Directory_and_Chronicle_1889 — Page 972

Removal of Prisoner for Debt in Case of Illness.

Release of Prisoner for Debt.

Term of Im-

prisonment for Debt.

Subsistence Money to be added to

amount of Decree.

Application for Discharge. Procedure on such Applica- tion.

Unjustiflable Extravagance.

Wilful Cou. cealment of'

Property. Fraudulent Transfers. Act of bad Faith.

Continuance of Liability of Debtor's Pro. perty.

Decision of

Mesne Profits

and other

Matters.

148

CODE OF CIVIL PROCEDURE-HONGKONG.

2.-In case of the serious illness of any defendant imprisoned under a decree for debt, it shall be lawful for the Court, on the certificate of the Colonial Surgeon, to make an order for the removal of the defendant to the Government Civil Hospital, and his treatment there under custody until further order, and the period of the defendant's stay in hospital shall be counted as part of his term of imprisonment for debt, and his subsistence money shall be paid as if no such order had been made.

3.A defendant shall be released at any time on the decree being fully satisfied, or at the request of the person at whose instances he may bave been imprisoned, or on such person omitting to pay the allowance above directed. No person shall be imprisoned on account of a decree for a longer period than one year, 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 decree, and shall be recoverable by the attachment and 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 decree may apply to the Court for his discharge. The application shall contain a full account of all property of whatever nature belonging to the applicant, whether in expec- tancy or in possession, and whether held exclusively by himseif 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 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 execu- tion 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 procuring his discharge without satisfying the decree, has wilfully concealed property, or his right or interest therein, or fraudulently transferred or removed property, or committed any other act of bal 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 specified, or at any subsequent period, make such proof to the satisfaction of the Court, the Court shall retain the defendant in confine- ment unless he shall have already been in confinement 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 satisfied.

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8.-All questions regarding the amount of any mesne profits which Questions as to by the terms of the decree may have been reserved for adjustment in the

execution of decree, or of any mesne profits or interest which may 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 rising between the parties to the suit in which the decree was made aud relating to the execution of the decree, shall be determined by order of the Court.

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