1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 110

HK Historical Laws 香港歷史法例 All AI Reviewed

804

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

of share etc.

H.K. Code, s. 78 (12).

Duration of imprison-ment for debt. H.K. Code, s. 79 (3).

Support and maintenance allowance to prisoner for debt.

*

H.K. Code, s. 79 (1).

[cf. s. 569 (3).]

Removal to hospital of prisoner for

standing, or the indorsement by any person of any negotiable instrument, or the execution by any person of any deed or other instrument relating to immovable property or any interest therein, is lawfully required to give effect to any sale in execution of a judgment, the Registrar, with the sanction of the court, may-

(a) execute such transfer; or

(b) indorse such negotiable instrument; or

(c) execute such deed or other instrument.

(2) The execution of such transfer, the indorsement of such negotiable instrument and the execution of such deed or other instrument by the Registrar shall have the same effect as the execution and the indorsement by the person whose execution or indorsement is so required as aforesaid.

(3) Until the execution of such transfer or the indorsement of such negotiable instrument the court may, by order, appoint some person to receive any dividend or interest due in respect of any such share or negotiable instrument.

Execution of judgment for money by imprisonment.

438. No person shall be imprisoned in execution of a judg-ment for a longer period than one year, or for a longer period than six months if the judgment is for the payment of money not exceeding five hundred dollars, or for a longer period than three months if the judgment is for the payment of money not exceeding one hundred dollars.

439. When a judgment debtor is committed to prison in execution of the judgment the court shall fix whatever monthly allowance it may think sufficient for his support and mainten-ance, not exceeding two dollars per diem, which shall be paid by the person at whose instance the judgment has been executed to the Superintendent of Prisons by monthly payments in advance, before the first day of each month, the first payment made to be for such portion of the current month as may remain unexpired before the judgment debtor is committed to prison.

440.-(1) In case of the serious illness of any person im-prisoned in execution of a judgment it shall be lawful for the

* As amended by No. 32 of 1931 [23.10.31.]

Page 110

Page 111

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804 No. 3 of 1901. CODE OF CIVIL PROCEDURE. of share etc. H.K. Code, s. 78 (12). Duration of imprison-ment for debt. H.K. Code, s. 79 (3). Support and maintenance allowance to prisoner for debt. * H.K. Code, s. 79 (1). [cf. s. 569 (3).] Removal to hospital of prisoner for standing, or the indorsement by any person of any negotiable instrument, or the execution by any person of any deed or other instrument relating to immovable property or any interest therein, is lawfully required to give effect to any sale in execution of a judgment, the Registrar, with the sanction of the court, may- (a) execute such transfer; or (b) indorse such negotiable instrument; or (c) execute such deed or other instrument. (2) The execution of such transfer, the indorsement of such negotiable instrument and the execution of such deed or other instrument by the Registrar shall have the same effect as the execution and the indorsement by the person whose execution or indorsement is so required as aforesaid. (3) Until the execution of such transfer or the indorsement of such negotiable instrument the court may, by order, appoint some person to receive any dividend or interest due in respect of any such share or negotiable instrument. Execution of judgment for money by imprisonment. 438. No person shall be imprisoned in execution of a judg-ment for a longer period than one year, or for a longer period than six months if the judgment is for the payment of money not exceeding five hundred dollars, or for a longer period than three months if the judgment is for the payment of money not exceeding one hundred dollars. 439. When a judgment debtor is committed to prison in execution of the judgment the court shall fix whatever monthly allowance it may think sufficient for his support and mainten-ance, not exceeding two dollars per diem, which shall be paid by the person at whose instance the judgment has been executed to the Superintendent of Prisons by monthly payments in advance, before the first day of each month, the first payment made to be for such portion of the current month as may remain unexpired before the judgment debtor is committed to prison. 440.-(1) In case of the serious illness of any person im-prisoned in execution of a judgment it shall be lawful for the * As amended by No. 32 of 1931 [23.10.31.] Page 110 Page 111
Baseline (Original)
804 No. 3 of 1901. CODE OF CIVIL PROCEDURE. of share etc. H.K. Code, s. 78 (12). Duration of imprison- ment for debt. H.K. Code, s. 79 (3). Support and maintenance allowance to prisoner for debt. * H.K. Code, s. 79 (1). [cf. s. 569 (3).] Removal to hospital of prisoner for standing, or the indorsement by any person of any negotiable instrument, or the execution by any person of any deed or other instrument relating to immovable property or any interest therein, is lawfully required to give effect to any sale in execution of a judgment, the Registrar, with the sanction of the court, may- (a) execute such transfer; or (b) indorse such negotiable instrument; or (c) execute such deed or other instrument. (2) The execution of such transfer, the indorsement of such negotiable instrument and the execution of such deed or other instrument by the Registrar shall have the same effect as the execution and the indorsement by the person whose execution or indorsement is so required as aforesaid. (3) Until the execution of such transfer or the indorsement of such negotiable instrument the court may, by order, appoint some person to receive any dividend or interest due in respect of any such share or negotiable instrument. Execution of judgment for money by imprisonment. 438. No person shall be imprisoned in execution of a judg- ment for a longer period than one year, or for a longer period than six months if the judgment is for the payment of money not exceeding five hundred dollars, or for a longer period than three months if the judgment is for the payment of money not exceeding one hundred dollars. 439. When a judgment debtor is committed to prison in execution of the judgment the court shall fix whatever monthly allowance it may think sufficient for his support and mainten- ance, not exceeding two dollars per diem, which shall be paid by the person at whose instance the judgment has been executed to the Superintendent of Prisons by monthly payments in advance, before the first day of each month, the first payment made to be for such portion of the current month as may remain unexpired before the judgment debtor is committed to prison. 440.-(1) In case of the serious illness of any person im- prisoned in execution of a judgment it shall be lawful for the * As amended by No. 32 of 1931 [23.10.31.] Page 110Page 111
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804

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

of share etc.

H.K. Code, s. 78 (12).

Duration of imprison- ment for debt. H.K. Code, s. 79 (3).

Support and maintenance

allowance

to prisoner for debt.

*

H.K. Code, s. 79 (1).

[cf. s. 569 (3).]

Removal to hospital of prisoner for

standing, or the indorsement by any person of any negotiable instrument, or the execution by any person of any deed or other instrument relating to immovable property or any interest therein, is lawfully required to give effect to any sale in execution of a judgment, the Registrar, with the sanction of the court, may-

(a) execute such transfer; or

(b) indorse such negotiable instrument; or

(c) execute such deed or other instrument.

(2) The execution of such transfer, the indorsement of such negotiable instrument and the execution of such deed or other instrument by the Registrar shall have the same effect as the execution and the indorsement by the person whose execution or indorsement is so required as aforesaid.

(3) Until the execution of such transfer or the indorsement of such negotiable instrument the court may, by order, appoint some person to receive any dividend or interest due in respect of any such share or negotiable instrument.

Execution of judgment for money by imprisonment.

438. No person shall be imprisoned in execution of a judg- ment for a longer period than one year, or for a longer period than six months if the judgment is for the payment of money not exceeding five hundred dollars, or for a longer period than three months if the judgment is for the payment of money not exceeding one hundred dollars.

439. When a judgment debtor is committed to prison in execution of the judgment the court shall fix whatever monthly allowance it may think sufficient for his support and mainten- ance, not exceeding two dollars per diem, which shall be paid by the person at whose instance the judgment has been executed to the Superintendent of Prisons by monthly payments in advance, before the first day of each month, the first payment made to be for such portion of the current month as may remain unexpired before the judgment debtor is committed to prison.

440.-(1) In case of the serious illness of any person im- prisoned in execution of a judgment it shall be lawful for the

* As amended by No. 32 of 1931 [23.10.31.]

Page 110Page 111

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