1901_CODE_OF_CIVIL_PROCEDURE — Page 87

738

and proceed-

ings thereon. H. K. Code, 8.79 (5.), (6.)

00.36/11318(6)

Lee Ord. 34/1 5/8(C) Schedule:

Form No. 36.

see ord. 36/11 §18160?

(10.36/11 §18(e)

See 34/15 Schedule:

Form No. 37.

Effect of dis- charge of prisoner for debt.

Ib. s. 79 (7.)

Granting of

order on person dis-

obeying judg- ment to show

cause why he should not be punished. Ib. s. 81 (1.), (2.)

No. 3.]

THE ORDINANCES OF HONGKONG: [A.D. 1901 whatever nature belonging to the applicant, whether in expectancy of 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 of the places respectively where such property is to be found and the application shall be signed by the applicant and verified by affidavit

(3.) On the application being made, the Court shall cause the judg ment creditor to be furnished with a copy thereof, and shall fixa reasonable period within which the judgment creditor may cause the whole or any part of such property to be attached and sold, or may appear-on-the-hearing-of the application and make proof that the judg ment debtor's inability to satisfy the judgment is attributable to unjusti fiable extravagance in living or that the judgment debtor, for the purpose of procuring his discharge without satisfying the judgment, has wilfully concealed property or his right or interest therein, or fraudu lently transferred or removed property, or committed any other act of bad faith. Proviso.

(4.) If, after such investigation as it

may think

proper on the appli cation, the Court is of opinion that the judgment debtor should be set at liberty, it shall make an order to that effect, but otherwise the Court shall retain the judgment debtor in prison, unless he has already been in prison on account of the judgment for the full term for which he is liable to imprisonment.

444. When any person imprisoned in execution of a judgment has been once discharged he shall not again be imprisoned on account of the same judgment, but his property shall continue liable, under the ordinary rules, to attachment and sale until the judgment is fully satisfied.

Committal for Disobedience to Judgment.

445.-(1.) Where any person is guilty of wilful disobedience to a judgment, the person who has obtained the judgment shall be entitled to apply to the Court for an order directed to the person who has disobeyed the judgment to show cause why he should not be punished for the

disobedience. -

(2.) The Court, unless it sees good reason to the contrary, shall, on such application, make an order accordingly.

(3.) The Court shall not grant the order except on evidence upon oath or by affidavit establishing such a case as, if uncontradicted and unex plained, would justify the immediate committal of the person disobeying the judgment.