Execution-Imprisonment of judgement debtor=Object of imprisonment-
Whether court may order debtor to pay instalments-Maximum sentence

Imprisonment under section 129 of the Civil Justice Ordinance 1900 is
intended to be punishment for an act of bad faith committed by a debtor,
and not to be used as a threat to compel him to pay. The court carry-
ing out an execution has no power to order a debtor to pay instalments, '
and, on his failure to do so, commit him to prison month after month.
Further, the maximum sentence under section 129 is three months for any
act of bad faith.

Civil Justice Ordinance 1900" s. 129.

Civil Justice Ordinance 1929, s. 198 and 199.

Appeal

February 20, 1928. Bell C.J.: In my. opinion, there is ample
evidence upon which the Judge could make an order under section
12~ of the Civil Justice Ordinance 1900¹ committing the debtor to
prison.

There is clear evidence that, since the passing of the decree,
sums of money of not inconsiderable amount have passed through his
hands, and that be has not attempted to pay a millieme towards the
satisfaction of the claim. It has moreover appeared to the court that
the debtor has deliberately done his best to avoid paying the claim.

But the two .orders of commitment to prison are in respect of the
same act of bad faith. And, since the maximum term. of imprison-
ment which may be imposed under section 129 is three months, the
term imposed under the second order must be reduced by the period  of one month.          

I think it necessary to add that the orders of the court are not
made in the right form. Imprisonment imposed under section 129 is
intended to be punishment for an act of bad faith committed by a
debtor, and not to be used as a threat to compel him to pay.

'" Court: Bell C.I., and Owen I. See now sections 198 and 199 of C.I.O. 1929.