CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1235
(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 unexplained, would justify the immediate committal of the person disobeying the judgment.
order, etc.
446. An office copy of the order and of the deposition or affidavit upon which the order was granted shall be served on the person to whom the order is directed.
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.
[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.
[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.
[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 to do it.
O. 42 r. 30.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1235
(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 unexplained, would justify the immediate committal of the person disobeying the judgment.
order, etc.
446. An office copy of the order and of the deposition or affidavit Service of
which the order was granted shall be served on the person to H. K. Code, upon whom the order is directed.
s. 81 (3).
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 of order.
on return-day
for not attending, and if the Court is satisfied that the order has [ib. s. 81 (4).] 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 com- mittal to prison.
of time for return to
conditional
448. The Court may enlarge the time for the return to the order, Enlargement or may, on the return of it and under circumstances which would strictly justify the immediate committal of the person guilty of the order; disobedience, direct that the warrant for his committal to prison order of shall issue only after a certain time and in the event of his continued committal.
[ib. s. 81 (5).] disobedience at that time to the judgment in respect of which he has been guilty of disobedience.
detention of
person com-
mitted.
Tib. s. 81 (6).]
449. A person committed for disobedience to a judgment shall Duration of 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.
Power to directed to
order act
be done at expense of
450. If a mandamus, granted in an action or otherwise, or a mandatory order, injunction, or judgment for the specific perform- ance of any contract is not complied with, the Court, besides or instead of proceedings against the disobedient party for contempt, party refusing 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
to do it. 0. 42 r. 30.
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