Directory_and_Chronicle_1891 — Page 196

Application for Discharge. Procedure on auch Applica- lion.

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CODE OF CIVIL PROCEDURE-HONGKONG.

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 hold 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 the places respectively where such property is to be found; and such application shall be subscribed by the applicant and verified on affidavit.

Unjustifiable

6. On such application being made, the Court shall cause the execu- Extravagance. 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 bad 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.

Wilful Con- cealment of Property. Fraudulent Transiers. Act of bad Faith.

Continuance of Liability of Debtor's Pro-

perty.

Decision of

Questions as to Keene Profits and other Matters.

By Leave of the Court.

Application for Order against Person guilty ⚫t.

Kvidence in support.

Copy to be served.

Proceedings on Return-day.

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.

8.-All questions regarding the amount of any mesne profits which 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 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 made and relating to the execution of the decree, shall be determined by order of the Court.

Enforcement of Order.

LXXX.--Any order of the Court made in any suit or proceeding may be enforced by leave of the Court, in the manner hereinbefore provided for the enforcement of decrees.

Commitment for Disobedience to a Decree or Order. LXXXI.-Where any person 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 ou the person disobeying such decree or order 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.

2. The Court shall not grant the order except on evidence on oath or affidavit establishing such a case as, if uncontradicted and unexplained, would justify the immediate commitment of the person disobeying the decree or order.

3. A certified copy of the order and of the affidavit or deposition on which the order is granted shall be served on the party to wh: m the order is directed.

4.--On the return-day of the order, if the person to whom it is directed does not attend and does not establish a sufficient excuse for not attending,