Decree for move-
Performance of Contract or alternative.
138
CODE OF CIVIL PROCEDURE-HONGKONG.
2. If the decree be for any specific moveable, or for the specific able Property performance of any contract or other particular act, it shall be enforced by the seizure, if practicable, of the specific moveable and the delivery thereof to the party to whom it shall have been adjudged, or by imprison- ment of the party against whom the decree is made, or by attaching his property and keeping the same under attachment until further order of the Court or by both imprisonment and attachment if necessary; or if alterna- tive damages be awarded, by levying such damages in the mode provided for the execution of a decree for money.
Decree for Money.
For Execution
of Deeds, &c.
of negotiable Instruments.
3. If the decree be for money, it shall be enforced by the imprison- ment of the party against whom the decree is made, or by the attachment and sale of his property, or by both, if necessary; and if such party be other than a defendant, the decree may be enforced against him in the same manner as a d crce may be enforced against a defendant.
4.--If the decree be for the execution of a deed, or for the indorse- or Indorsement ment of a negotiable instrument, and the party ordered to execute or indose such deed or negotiable instrument shall neglect or refuse so to do, any party interested in having the same executed or indorsed may prepare a deed or indorsement of the instrument in accordance with the terms of the decree, and tender the same to the Court for execution upon the proper stamp (if any is required by law), and the signature thereof by the Registrar shall have the same effect as the execution or indorsement thereof by the party ordered to execute.
Against Repre. sentatives of
deccased Persons.
Against Sureties.
Property liable to attachment and Sale in
Execution of Decree.
Payment into
under Decree.
5. If the decree be against a party as the representative of a de- ceased person, and such decree be for money to be paid out of the property of the deceased
person, it may be executed by the attachment and sale of any such property, or, if no such property can be found and the defendant fail to satisfy the Court that he has duly applied such property of the deceased as shall be proved to have come into his possession, the decree may be executed against the defendant to the extent of the property not duly applied by him in the same manner as if the decree had been against the defendant personally.
6. Whenever a person has become liable as security for the perfor- mance of a decree, or of any part thereof, the decree may be executed against such person to the extent to which he has rendered himself liable in the same manner as a decree may be enforced against a defendant.
7. The following property is liable to attachment and sale in execu- tion of a decree, namely, land, houses, goods, money, bank-notes, cheques, bills of exchange, promissory notes. government securities, bonds, or other securities for money, debts, shares in the capital or joint stock of any public company or corporation, and all other property whatsoever, moveable or immoveable, belonging to the defendant, and whether the same be held in his own name or by another person in trust for him or on his behalf.
8. All moneys payable under a decree shall be paid into Court, Court of Money unless the Court shall otherwise direct. No adjustment of a decree, in part or in whole, shall be recognised by the Court unless such adjustment be made through the Court, or be certified to the Court by the person in whose favour the decree has been made, or to whom it has been trans- ferred.
By Order of Court before
Taxation of Costa,
•
Immediate Execution.
LXXI.-The Court may, at the time of making the decree, on the verbal application of the party in whose favour the decree is made, order immediate execution thereof, except as to so much as relates to the costs, and that the decree shall be executed as to costs as soon as the amount thereof shall be ascertained by taxation.