Section 17, The Debtors' Ordinance

Subject to the provisions in this Ordinance contained, noperson shall, after the commencement of this Ordinance, be arrested or imprisoned for making default in payment of a sum of money. There shall be excepted from the operation of the above enactment- (i) default in payment of a penalty, or sum in the nature of a penalty, other than a penalty in respect of any contract; (ii) default in payment of any sum recoverable summarily before a Magistrate; (iii) default by a trustee or person acting in a fiduciary capacity and ordered by a Court to pay any sum in his possession, or under his control; (iv) default by an attorney or solicitor in payment of costs when ordered to pay costs for misconduct as such, or in payment of a sum of money when ordered to pay the same in the character of an officer of the Court making the order; (v) default in payment of any sum ordered to be paid by a Court having jurisdiction in bankruptcy or insolvency, in exercise of such jurisdiction: Failure of defendant to furnish security. Rights of third parties not affected. Removal of attachment. Abolition of imprisonment for debt, with exceptions. Examination of judgment debtors. Order of arrest in certain cases. Discovery of property. Production of books. Provided that no person shall be imprisoned in any such . excepted case for a longer period than one year, and that nothing in this section shall alter the effect of any judgment or order of any Court for payment of money except as regards the arrest and imprisonment of the person making default in paying such money: And provided further that so far as concerns the Protectorate nothing in this section contained shall deprive the Native Courts in causes between natives of the right to observe and enforce the observance, or shall deprive any person of the benefit, of any law or custom existing in the Protectorate and not ~eing repugnant to natural justice, equity and good consCience.