Directory_and_Chronicle_1915 — Page 439

446

Committal for

RULE OF SUPREME COURT IN CHINA

(4) The Court may, if it thinks fit, adjourn the examination from time to time and require from the judgment debtor such security for his appearance as the Court thinks fit; and, in default of his finding security, may, by order, commit him to the custody of an officer of the Court. there to remain until the adjourned hearing unless sooner discharged.

192. If it appears to the Court, by the examination of the judgment mon-payment. debtor or other evidence, that the judgment debtor then has sufficient means to pay the money directed to be paid by him, and he refuses or neglects to pay the same according to the order, then and in any such case the Court may, if it thinks fit, by order, commit him to prison for any time not exceeding forty days.

Amendment of order.

Bankrupt not to be committed.

Commitmert of debtor.

193. On the examination, the Court, if it thinks fit, whether it makes an order for commitment or not, may rescind or alter any order for the payment of money by instalments or otherwise, and may make any further or other order, either for the payment of the whole amount forth with, or by instalments, or in any other manner, as the Court thinks fit.

194. When on the return day of a judgment summons the judgment debtor shall satisfy the Court that he has been adjudicated a bankrupt and that the debt was provable in the bankruptcy, or that, in respect of the debts, resolutions have been duly registered under any bankruptcy law for the time being in force, no order of commitment shall be made.

Where, after commitment, the judgment debtor shall file in Court an affidavit to the same effect and at the same time give notice to the judgment creditor of the filing of the affidavit, the order of commitment shall not issue or, if issued, shall be recalled.

195.—(1) An order of commitment of a judgment debtor shall bear date on the day on which it was made, and shall continue in force from Forms 79 and 80. One year from such date and no longer, unless the Court thinks fit to enlarge the time by an extension indorsed on the order of commit

Form 81.

Coats ou default

ment.

(2) When an order of commitment for non-payment of money issued, the defendant may-

is

to the

(a) Before being delivered into the custody of the gaoler pay Marshal the amount indorsed on the order, on receipt of which the Marshal shall discharge the defendant, and shall, within twenty-four hours, pay over to such person as the Court may from time to time ap- point the amount received; or

(b) After being delivered into the custody of the gaoler, pay the amount indorsed on the order of commitment into Court or to the gaoler in whose custody he is. When the money is paid into Court, the Registrar shall sign and seal a certificate of payment, upon receipt of which the gaoler shall forthwith discharge the judgment debtor; when it is paid to the gaoler he shall sign a certificate of payment, and forthwith discharge the judgment debtor, and shall pay over the amount so received to the proper officer within twenty-four hours.

196. If a judgment debtor appears on the return day of a judgment of appearance of summons but the judgment creditor fails to appear, the Court may

award costs to the judgment debtor.

judgment

Freditor.

Prison

expenses of debtor.

197.-(1) The expenses of the judgment debtor's maintenance in prison shall be defrayed in the first instance by the judgment creditor, and may be recovered by him from the judgment debtor, as the Court

directs.

2) The expenses shall be estimated by the Court, and shall be paid by the judgment creditor at such time and in such manner as the

Court directs.

(3) In default of payment the judgment debtor may be discharge‹l,

if the Court thinks fit.

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