183860-1931-Supplementary-Draft-Bills--Code-of-Civil-Procedure-Amendment — Page 1

886

Draft Bills.

No. S. 351.-The following bills are published for general information :-

C.S.O. 2 in 4299/31.

[No. 28-15.9.31.-3.]

A BILL

INTITULED

Short title.

Amendment of Ordinance No. 3 of 1901, s. 439.

An Ordinance to amend the Code of Civil

Procedure.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Code of Civil Procedure Amendment Ordinance, 1931.

2. Section 439 of the Code of Civil Procedure is amended-

(i) by the deletion of the word "subsistence" in the third line and by the substitution therefor of the words "support and maintenance"; and

(ii) by the deletion of the words "twenty-five cents" in the fourth line and by the substitution there- for of the words "two dollars ".

Objects and Reasons.

Under section 439 of the principal Ordinance, when a judgment debtor is committed to prison in execution of a judgment, the Court fixes whatever monthly allowance it may think sufficient for his subsistence, not exceeding twenty-five cents per diem, which is to be paid by the person at whose instance the judgment has been executed to the Superintendent of Prisous by monthly payments in advance. This maximum was the rate fixed by section 79 of the Hong Kong Code of Civil Procedure (Ordinance No. 13 of 1873) which has been replaced by the present Code of Civil Procedure (Ordinance No, 3 of 1901). The maximum is insufficient to meet the cost of maintenance; the average cost per prisoner in 1930 having being in excess of $1.25 per diem. In 1931 it is expected to cost more. This Ordinance raises the maximum to $2.00 and substitutes the words "support and maintenauce", which in relation to prisoners have been held to include the salaries of officers and the expense of keeping up the prison as well as houseroom, food, clothing, bedding and fuel (The Queen v. Gravesend Borough Council 5 E. and B. 459), for the word "subsistence" which does not appear to have been the subject of judicial interpretation.

September, 1931.

C. G. ALABASTER,

Attorney General.