1222
No. 3 of 1901.
Schedule.
CODE OF CIVIL PROCEDURE.
(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 Form No. 37. 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.
Effect of discharge of debt.
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.
H. K. Code, s. 79 (7).
Order on person disobeying judgment.
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 unexplained, would justify the immediate committal of the person disobeying the judgment.
Service of order, etc.
H. K. Code, s. 81 (3).
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.
Proceedings on return-day of order.
H. K. Code, s. 81 (4).
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.
1222
No. 3 of 1901.
Schedule.
CODE OF CIVIL PROCEDURE.
(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 Form No. 37. 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.
Effect of discharge of
debt.
444. When any person imprisoned in execution of a prisoner for 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.
H. K. Code, s. 79 (7).
Order on per-
ing judgment
Committal for disobedience to judgment.
445.—(1) Where any person is guilty of wilful dis- son disobey- obedience to a judgment, the person who has obtained the to show cause 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 dis- obedience.
why he
should not
be punished. H. K. Code, s..81 (1), (2).
Service of
order, etc.
H. K. Code, s. 81 (3).
Proceedings on return-day
of order.
H. K. Code,
s. 81 (4).
(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.
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.
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.
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