239.
Arrest and Detention in Prison in Execution of Decree for Payment of Money:(1) where a decree for the payment of money remains wholly or in part unsatisfied the
Court may upon the application of the decree holder summon the judgment debtor to be
examined as to his ability to pay. The Court may for sufficient reasons instead of issuing
a summon issue a warrant for the arrest of the judgement debtor.
(2) The Court may commit the judgment debtor to prison where it appears to it by the
examination of the judgement debtor or other evidence:(a) That the judgement debtor has refused or neglected to pay the amount of the
decree or some part thereof when he had the means to pay; or
(b) That he has, knowing himself to be unable to pay his debts in full, recklessly
contracted debts or given an unfair preference to any of his creditors; or
(c) That he has transferred, concealed or removed any part of his property after
the date of the institution of the suit in bad faith with the object or effect of
obstructing or delaying the decree holder in the execution of the decree.
240.
Period of Detention and Release:(1) Where a judgement debtor is committed to prison in execution of a decree the order
of commitment shall state the period during which he is to be detained in prison or shall
state that he is to be detained until the decree is satisfied; provided that no person shall be
so detained for a period exceeding six weeks if the decree is for the payment of a sum of
money not exceeding LS50 or for a period not exceeding six months in any other case.
(2) Notwithstanding the provisions of sub-section (1), the Court shall order the release of
a person so detained:(a) On the amount mentioned in the order for his commitment being paid;
(b) On the decree against him being otherwise satisfied.
(3) A judgement debtor released under sub-section (2) or on completion of the term
stated in the order of commitment shall not by reason of his release be discharged
from his debt, but he shall not be liable to be re-arrested or re-committed to prison in
execution of the same decree unless a further sum of money other than interest or
costs has become payable under such decree after the date on which he was released
from prison.
CHAPTER 2
ATTACHMENT
241.
Attachment of Movable Property:(1) An order to attach the movable property of a judgment debtor shall be issued by the
Court conducting the execution, and the property seized shall be kept in such custody as
the Court may direct.
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