Directory_and_Chronicle_1896 — Page 369

CODE OF CIVIL PROCEDURE-HONGKONG

329

Prisoner for

3.-A defendant shall be released at any time on the decree being Release of fully satisfied, or at the request of the person at whose instance he may en 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 Im. a longer period than one year, or for a longnr period than six months if prisonment for 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

money not exceeding one hundred dollars.

of

Debt,

Money to be

4. Sums disbursed by a plaintiff for the subsistence of a defendant Subsistence 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 amount of defendant shall not be detained in custody or arrested on account of any sums so isbursed.

or

·

Decree.

Procedure on

tion.

5.-Any person in confinement under a decree may apply to the Court Application his discharge. The application shall contain a full account of all for Discharge. property of whatever nature belonging to the applicant whether in expec- such Applica- taney or in possession, and whether he'd 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.

6.-On such application being made, the Court shall cause the execu- Unjustifiable tion creditor to be furnished with a copy of the account of the defendant's Extravagance. 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 inay 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 frau ulently wilful Con- transferred or removed property, or committed any other act of bad faith. cealment of 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 Transfers. 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.

Property.

Act of bad

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

Debtor's Pro-

Mesne Profits

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 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 di-charge or satisfaction of the decree or the like, and any other questions arising between the parties to the suit in which the decrce 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 bercinbefore 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

Order against decree or order, the person prosecuting the decree or order shall be entitled Person guilty of.