AD. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
739
upon
446. An office copy of the order and of the deposition or affidavit which the order was granted shall be served on the person to whom the order is directed.
Service of order, etc. H. K. Code, s. 81(3.)
447. On the return-day of the order, if the person to whom it is directed does not attend and does not establish a sufficient excuse for not attending, and if the Court is satisfied that the order has been duly served, or if such person attends and does not show cause, to the satisfaction of the Court, why he should not be punished for the disobedience, the Court may issue a warrant for his committal to prison.
Proceedings on return-day. Ib. s. 81 (4.)
448. The Court may enlarge the time for the return to the order, or may, on the return of it and under circumstances which would strictly justify the immediate committal of the person guilty of the disobedience, direct that the warrant for his committal to prison shall issue only after a certain time and in the event of his continued disobedience at that time to the judgment in respect of which he has been guilty of disobedience.
Enlargement of time for order, and making of order of conditional return to committal. Ib. s. 81.(5.)
449. A person committed for disobedience to a judgment shall be liable to be detained in custody until he has obeyed the judgment in all things which are to be immediately performed and given such security as the Court may think fit to obey the other parts of the judgment, if any, at the future times thereby appointed, or, in case of his no longer having the power to obey the judgment, then until he has been imprisoned for such time or until he has paid such fine as the Court may direct.
Duration of detention of person committed. Ib. s. 81 (6.)
450. If a mandamus, granted in an action or otherwise, or a mandatory order, injunction, or judgment for the specific performance of any contract is not complied with, the Court, besides or instead of proceedings against the disobedient party for contempt, may direct that the act required to be done may be done, so far as practicable, by the party by whom the mandamus, order, injunction, or judgment has been obtained, or by some other person appointed by the Court, at the cost of the disobedient party, and, upon the act being done, the expenses incurred may be ascertained in such manner as the Court may direct, and execution may issue for the amount so ascertained, and costs.
Power to order act to be done at expense of party refusing to do it. O.42 r. 30.
451. Any judgment against a corporation which is wilfully disobeyed may, by leave of the Court, be enforced by sequestration against the corporate property, or by committal of the directors or other officers thereof, or by writ of sequestration against their property.
Enforcement of judgment against disobedient corporation. Ib. r. 31.
AD. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
739
upon
446. An office copy of the order and of the deposition or affidavit
which the order was granted shall be served on the the order is directed.
person
to whom
Service of order, etc. H. K. Code,'
8. 81(3.)
day of order.
447. On the return-day of the order, if the person to whom it is Proceedings directed does not attend and does not establish a sufficient excuse for on return- not attending, and if the Court is satisfied that the order has been duly Ib. 8. 81 (4.) served, or if such person attends and does not show cause, to the satis- faotion of the Court, why he should not be punished for the disobedience, the Court may issue a warrant for his committal to prison.
of time for order, and making of order of conditional
return to
committal.
448. The Court may enlarge the time for the return to the order, or Enlargement may, on the return of it and under circumstances which would strictly justify the immediate committal of the person guilty of the disobedience, direct that the warrant for his committal to prison shall issue only after a certain time and in the event of his continued disobedience at that time
the judgment in respect of which he has been guilty of disobedience. 16. s. 81.(5.) 449. A person committed for disobedience to a judgment shall be Duration of liable to be detained in custody until he has obeyed the judgment in all detention of things which are to be immediately performed and given such security mitted. es the Court may think fit to obey the other parts of the judgment, if 16. s. 81 (6.) any, at the future times thereby appointed, or, in case of his no longer having the power to obey the judgment, then until he has been impri- soned for such time or until he has paid such fine as the Court direct.
may
450. If a mandamus, granted in an action or otherwise, or a manda- tory order, injunction, or judgment for the specific performance of any contract is not complied with, the Court, besides or instead of proceed- ings against the disobedient party for contempt, may direct that the act required to be done may be done, so far as practicable, by the party by whom the mandamus, order, injunction, or judgment has been obtained, or by some other person appointed by the Court, at the cost of the disobedient party, and, upon the act being done, the expenses incurred may be ascertained in such manner as the Court may direct, and execu- tion may issue for the amount so ascertained, and costs.
+.
.
person com-
Power to ordered to
order act
be done at expense of
ing to do it. party refus-
0.42 r. 30.
against dis-
451, Any judgment against a corporation which is wilfully disobeyed Enforcement may, by leave of the Court, be enforced by sequestration against the of judgment Corporate property, or by committal of the directors or other officers obedient cor- thereof, or by writ of sequestration against their property.
poration.
Ib. r. 31.
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