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CODE OF CIVIL PROCEDURE-HONGKONG

329

Release of

prisonment for

3.-A defendant shall be released at any time on the decree being Prisoner for fully satisfied, or at the request of the person at whose instance he may Debt. have been imprisoned, or on such person omitting to pay the allowance above directed. No person shall be imprisoned on account of a decree for Term of t a longer period than one year, or for a longnr period than six months if Debt. 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.

Subsistence

amount of

4.Sums disbursed by a plaintiff for the subsistence of a

plaintiff for the subsistence of a defendant Money to be in gaol shall be added to the costs of decree, and shall be recoverable added to by the attachment and sale of the property of the defendant; but the Decree. defendant shall not be detained in custody or arrested on account of any sums so disbursed.

for Discharge.

such Applica.

5. Any person in confinement under a decree may apply to the Court Application for his discharge. The application shall contain a full account of all Procedure on property of whatever nature belonging to the applicant whether in expec- c tancy 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 the places respectively where such properly is to be found; and such application shall be subscribed by the applicant and verified on affidavit.

Unjustifiable Extravagance.

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 soldi, 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 Wilful Con- transferred or removed property, or committed any other act of bad faith. Property. If the execution creditor shall fail to make such proof, the Court shali cause Fraudulent the defendant to be set at liberty. If the execution creditor shall within Act of bad the time specified, or at any subsequent period, make such proof to the Faith. 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.

cealment of

Transfers.

Liability of

7. A defendant once discharged shall not again be imprisoned on Continuance of account of the same decree, but his property shall continue liable, under Debtor's Pro- the ordinary rules, to attachment and sale until the decree shall be fully perty. satisfied.

Questions as to

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 Mesne Profits execution of decree, 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 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 decrce 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 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 disobedience to a Application for decree or order, the person prosecuting the decree or order shall be entitled Person guilty of.

Order against