Directory_and_Chronicle_1893 — Page 359

CODE OF CIVIL PROCEDURE-HONGKONG

317

for Discharge,

5. Any person in confinement under a decree may apply to the Court Application for is discharge. The application sball contain a full account of all Procedure on, property of whatever nature belonging to t. e applicant, whether in

auch Applica- expec- tion. taney or in possession, and whether he d exclusively by himself or jointly with others, or by others in trust for im (except the necessary wearing apparel of himself and his family and the necessary implements of bis 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.

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Extravagance.

6. On such applicatiou being made, the Court shall cause the execu- Unjustifiable tion creditor to be urnished 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 aju-tifiable extravagance in living, or that the defendant, for the purpose of procuring his discharge without satisfying the decree, has wilfully concealed pro erty, or his ri. ht or interest therein, or fraudulently wilful Cor transferred or removed property, or committed any other act of ba faith. cealment of If the execution creditor snall fail to make such proof, the Court shalt cause Fraudulent the defendant to be set at liberty. If the execution creditor shall within ct of bad the time specified, or at any subsequent period, make such proof to the Faith. satisfaction of the Court, the Court shall retain 'he defendant in confine- ment unless he s all have already been in confinement on account of the decree for the full term of is imprisonment.

Property.

Transfers.

7.-A defendant once discharged shall not again be imprisoned on Continuance of acconn of the same decree, but his property shall continue fable, under Liability of the ordinary rules, to attachment and sale until the decree shall be fully perty. satisfied.

Debtor's Pro-

Mesnę Profita

Matters.

8.-All questions regarding the amount of any mesne profits which Decision of by the terms of the decree may have been reserved for adjustment in the Questions as to, execution of decre, or of any mesne profits or interest which may be and other payable in respect of the subject matter of a suit between the date of the ins itution of the suit and execution of the decree, s 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 part:es 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 By Leave of be enforced by leave of the Court, in the manner hereinbefore provided the Court. for the enforcement of decrees.

Commitment for Disobedience to a Decree or Order,

LXXXI.--Where any person is guilty of wilful disobedi nce to a Application for. decree or order, the person prosecuting the decree or order shall be entitled Order against

l'erson guilty to apply to the Court for an order on the person disobeying such decree of. 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 orler except on evidence on oath Evidence in or affidavit establishing such: a case as, if uncontradicted and unexplained, support. 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 disposition on Copy to be which the order is granted shall be served on the party to whom the order served. is directed.

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

Return-day.