1234
No. 3 of 1901.
form 36.
form 37.
Effect of discharge of prisoner for debt.
H. K. Code,
s. 79 (7).
Order on person disobeying judgment.
CODE OF CIVIL PROCEDURE.
applicant and verified by affidavit, and shall be forwarded by the applicant's solicitor, or, if he have no solicitor, by the Superintendent of the gaol, to the Registrar.
(3) On the application being received, the Registrar shall forthwith bring it to the notice of the Court, and the Court shall cause the judgment creditor to be furnished with a copy thereof, and shall fix a reasonable period within which the judgment creditor may cause the whole or any part of such property to be attached and sold, or may signify his intention of appearing and opposing the application and make proof that the judgment debtor's inability to satisfy the judgment is attributable to unjustifiable 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 fraudulently transferred or removed property, or committed any other act of bad faith.
Provided always that the judgment creditor shall not be allowed to appear and oppose the application unless, within the period fixed as aforesaid, he shall have signified in writing to the Registrar his intention of so appearing and opposing the application.
(4) If, after such investigation as it may think proper on the application, the Court is of opinion that the judgment debtor should be set at liberty, or if the judgment creditor shall not have signified his intention as aforesaid, it shall order the release of the judgment debtor, 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.
[ib. s. 81 (1), (2).]
1234
No. 3 of 1901.
form 36.
form 37.
Effect of discharge of prisoner for debt.
H. K. Code,
s. 79 (7).
Order on per- son disobey-
CODE OF CIVIL PROCEDURE.
applicant and verified by affidavit, and shall be forwarded by the applicant's solicitor, or, if he have no solicitor, by the Superinten- dent of the gaol, to the Registrar.
(3) On the application being received, the Registrar shall forth- with bring it to the notice of the Court, and the Court shall cause the judgment creditor to be furnished with a copy thereof, and shall fix a reasonable period within which the judgment creditor may cause the whole or any part of such property to be attached and sold, or may signify his intention of appearing and opposing the application and make proof that the judgment debtor's inability to satisfy the judgment is attributable to unjustifiable extrava- gance 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 fraudulently transferred or removed property, or committed any other act of bad faith.
Provided always that the judgment creditor shall not be allowed to appear and oppose the application unless, within the period fixed as aforesaid, he shall have signified in writing to the Registrar his intention of so appearing and opposing the application.
(4) If, after such investigation as it may think proper on the application, the Court is of opinion that the judgment debtor should be set at liberty, or if the judgment creditor shall not have signified his intention as aforesaid, it shall order the release of the judgment debtor, 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 ing judgment judgment, the person who has obtained the judgment shall be to show cause 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. be punished for the disobedience.
why he should not
[ib. s. 81 (1), (2).]
No comments yet.
Private notes are available after approval.