Directory_and_Chronicle_1901 — Page 310

Place of impri- sonment.

Expenses of maintenance in prison.

Effect of imprisonment.

Discharge from prison on payment.

Rescinding or variation of order for payment.

Warrant of

execution of commitment, where to be executed.

In what cases.

Warrant.

252

RULES OF SUPREME COURT

132. In places where there is no British prison or no other place for the detention of a debtor in custody except the prison of the Chinese or Japanese authorities, the Court shall not commit the debtor, if it appears that the last-mentioned prison is unfit, regard being had to the require- ments of health and decency, for the confinement of a British subject under civil process.

133. The expenses of the debtor's maintenance in prison must be defrayed in the first instance by the person prosecuting the decree or order, and may be recovered by him in such manner as the Court directs.

Such expenses shall be estimated by the Court, and shall be paid at such times and in such manner as the Court directs.

In default of payment the debtor may be discharged if the Court thinks fit.

134. Imprisonment under such a warrant does not operate as a satisfaction or extinguishment of the debt or liability to which the decree or order relates, or protect the person imprisoned from being anew sum- moned and imprisoned for any new fraud or other default rendering him liable to be imprisoned, or deprive the person prosecuting the decree or order of any right to have execution against his goods, as if there had not been such imprisonment.

135. Any person so imprisoned, who pays the money by the decrce or order directed to be paid, or the instalments thereof payable, and costs remaining due at the time of his commitment, and all subsequent costs and expenses, shall be discharged out of custody.

136. On the hearing of any such summons as aforesaid, the Court, if it thinks fit, whether it makes any order for the commitment of the person summoned or not, may rescind or alter any decree or order previously made against him for the payment of money by instalment or otherwise, and make any further or other order, either for the payment of the whole thereof forthwith, or by any instalments, or in any other manner as the Court thinks reasonable and just.

Execution out of Jurisdiction

137. Ordinarily a warrant of execution or commitment shall not be executed out of the particular jurisdiction, except under an order made for that purpose, on the request of the Court issuing the warrant, by the Court within whose jurisdiction it is to be executed, which Court may take such steps as if it had originally issued the warrant, but shall ultimately send any money produced by the execution, or the person apprehended (as the case may be), to the Court from which the warrant issued, to be there dealt with according to law.

But where the urgency or other peculiar circumstances of the case appear to the Court issuing the warrant so to require, the Court (for reasons to be recorded in the minutes of proceedings) may order it to be executed out of the particular jurisdiction, and it may be so executed accordingly.

Arrest

138. Where the decrce or order is one directing some act to be done other than payment of money, and the person directed to do the act refuses or neglects to do it according to the exigency of the decree or order, the person prosecuting the decree or order shall be entitled to apply to the Court for a warrant of arrest against the disobedient person.

139. The Court shall, unless it sees good reason to the contrary, on the application of the person prosecuting the decree or order, issue, under the seal of the Court, a warrant of arrest directed to a proper officer, who shall be thereby empowered to take the body of the disobedient person and detain him in custody until further order.

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