THE HONGKONG GOVERNMENT GAZETTE, 15TH MARCH, 1862.
81
In the Writ of Execu-
by the Judge of the said Court of Summary Jurisdiction and enforced by Distress and Mods of proceeding Sale of the Offender's Goods, and failing these, then to levy the Amount by Sale of the tion. Lands, Tenements, and Hereditaments of the Defendant.
XXVI. For the purpose of preventing any Disputes as to the Mode of executing the said last mentioned Writ or Precept, the same shall be executed in the following Manner: that is to say, the Bailiff or Bailiffs in the first instance levy on the Goods, Chattels, and Effects of the Defendant, and in the event of such Bailiff or Bailiffs not being able to find any Goods, Chattels or Effects, or any Lands, Tenements, and Here- ditaments of the Defendant, and the Defendant failing to point out to his or their No- tice any Property whercon to levy, the said Bailiff or Bailiffs shall enforce the Order or Decree of the Court by the personal Arrest and Imprisonment of the Defendant as hereinafter is mentioned: Provided that if previous to the Sale of the Property so levied upon a disputed Ownership, Claim shall be made thereto and such Claim shall be ted claim to Goods, deposed to on Oath before a Magistrate by the Party claiming the same or by some Person on his or her behalf, the Bailiff or Bailiffs shall release such Property from the Execution, and proceed to enforce the Order or Decree of the Court by levying upon other Property of the Defendant, if any can be found or pointed out to him or them or by arresting the Body of the Defendant, as hereinbefore is directed.
&c.
Proviso as to dispu-
duc.
XXVII. Every such Defendant who shall be arrested and taken in Execution un-
Imprisonment by der the Process of the said Court of Summary Jurisdiction, shall be imprisoned in the Process of Court not to exceed Three, Six, Prison of the said Court and shall be there detained if the said Arrest shall be for a Sum or Nine Months ac- not exceeding Two Hundred Dollars for a space of Time not exceeding Three Calendar cording to the Su Months, and if the said Arrest shall be for a Sum exceeding Two Hundred Dollars and not exceeding Three Hundred and Fifty Dollars for a space of Time not exceeding Six Calendar Months, and if the said Arrest shall be for a Sum exceeding Three Hun- dred and Fifty Dollars for a space of Time not exceeding Nine Calendar Months unless before the Expiration thereof, the Order or Decree of the said Court shall have been satisfied; and in case such Order or Decree shall not then respectively be satisfied, such Defendant shall be discharged from such Prison; but it shall be lawful for the Complain- ant, at any Time within Three Years after such Order or Decree, to take out fresh Exe- cution against any Estate or Effects which such Defendant may have become possessed Liability of future of or entitled to, until such Order or Decree shall be fully satisfied.
Effects.
maintenance in Prison to be paid by Execu-
XXVIII. Whenever any Defendant shall be taken in Execution under any Pro- Expenses of Debtors' cess under this Ordinance the Complainant at whose suit he shall have been taken in Execution shall pay the expenses of the necessary and proper Maintenance of the De- tion Creditor. fendant in person not exceeding the Sum of Twenty-five Cents per diem, and the amount of such expenses shall be a Debt to the Crown and shall be suable for and recoverable by the Governor of the Gaol for the time being.
have incurred the
XXIX. Nothing in this Ordinance shall be construed or taken to extend or apply Ordinance not to for the benefit of any Defendant, who shall have contracted the Debt or become liable to apply to Debtors who the Damages for which the Deeree or Order of the said Supreme Court shall have been Debt by Fraud or given against him, or any part thereof, by reason of any Manner of Fraud, or Breach Breach of Trust, &c. of Trust, or without reasonable probability at the Time of contracting the same of being able to pay the same, or who shall have voluntarily done or suffered any Act whereby his Goods shall have been taken in Execution, or shall have voluntarily made or done any Assignment, Deed, Act or Thing, with intent to delay or defraud the Complainant, at whose Suit such Decree or Order shall be given against him or any other of his Creditors.
Execution not to
XXX. No Execution awarded against the Goods of any Party shall extend to or be construed to extend to deprive any Landlord of the Power vested in such Landlord prejudice Landlords, by an Act passed in the Eighth Year of the Reign of Her late Majesty Queen Anne, intituled "An Act for the better Security of Rents and to prevent Frauds committed by Tenants, of recovering One Year's Rent by virtue of and in pursuance of the said Act."
Instalments.
XXXI. It shall be lawful for the said Judge of the Court of Summary Jurisdiction Court may order whenever it shall appear to him that the Levy of the full Amount of any such Order or Money to be paid by Decree of the same Court at one Time may be attended with great Distress to the Defendant and that such Distress may be avoided or lessened by enlarging the Time for satisfying such Order or Decree, to order and direct the Amount thereof, together with the Costs and Charges to be levied by Instalments, at such stated Times, and in such proportional Amounts, as shall be expressed in such Order, and as shall be reasonable and just: Provided that, unless with the Consent of the Plaintiff, the Time for satisfy- ing any such Order or Decree shall not exceed Three Months from the Time of making such Örder as aforesaid: Provided also that if the Defendant shall fail to pay any such
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