Directory_and_Chronicle_1902 — Page 451

Release of Prisoner for Debt.

Term of Im- prisonment for

Debt.

Subsistence Money to be added to

amount of Decree.

Application for Discharge.

Procedure on such Applica- tion.

Unjustifiable

348

CODE OF CIVIL PROCEDURE-HONGKONG

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

4.-Sums disbursed by a plaintiff for the subsistence of a defendant in

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

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 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 property 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 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 eold, 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 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 Transters.

Act of bad Faith.

Continuance of Liability of

Debtor's Pro-

party.

Decision of

Mesne Profits

and other

Matters.

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 Questions as to 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.

By Leave of the Court,

Application for

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

LXXXI. Where any person is guilty of wilful disobedience to a Order against decree or order, the person prosecuting the decree or order shall be entitled

Person guilty

Digitized by

Goog e