CODE OF CIVIL PROCEDURE-HONGKONG,
145
"A. B. by C. D., Registrar of the Supreme Court of Hongkong; in a suit by E. F. versus A. B." Until the transfer of such security or share, the Court may, by order, appoint some person to receive any interest or divid- end due thereon, and to sign receipts for the same; and any indorsement made or document executed, or receipts signed as aforesaid, shall be as valid and effectual for all purposes, as if the same had been made or executed or signed by the party himself.
obtaining
13.-If the purchaser of any immoveable property sold in execu- Obstructing tion of a decree shall, notwithstanding the order of the Court, be resisted Purchaser in or obstructed in obtaining possession of the property, the provisions con- Possession. tained in Section LXXV., relating to resistance or obstruction to a party in whose favour a suit has been decreed in obtaining possession of the property adjudged to him, shall be applicable in the case of such resistance or obstruction.
other than
14.—If it shall appear that the resistance or obstruction to the delivery obstruction by or possession was occasioned by any person other than the defendant Claimants claiming a right to the possession of the property sold as proprietor, Defendant. mortgagee, lessee, or under any other title, or if in the delivery of posses- sion to the purchaser any such person claiming as aforesaid shall be dis- possessed, the Court, on the complaint of the purchaser, or of such person claiming as aforesaid, if made within one month from the date of such resistance or obstruction, or of such dispossession, as the case may be, shall enquire into the matter of the complaint, and make such order as may be proper in the circumstances of the case. The party against whom it is given shall be at liberty to bring a suit to establish his right at any time within one year from the date thereof.
Of the Execution of Decrees by Imprisonment.
Allowance to
LXXIX. When a defendant is committed to prison in execution of Subsistenes a decree, the Court shall fix whatever monthly allowance it shall think Prisoner for sufficient for his subsistence, not exceeding twenty-five cents per day, which Debt. shall be paid by the party at whose instance the decrce may have been executed, to the superintendent of the gaol, by monthly payment in advance, before the first day of each month, the first payment to be made for such portion of the current month as may remain unexpired before the defendant is committed to prison.
Prisoner for
2.-In case of the serious illness of any defendant imprisoned under Removal of a decree for debt, it shall be lawful for the Court, on the certificate of the Debt Colonial Surgeon, to make an order for the removal of the defendant of Ullness. to the Government Civil Hospital, and his treatment there under custody until further order, and the period of the defendant's stay in hospital shall be counted as part of his term of imprisonment for debt, and his subsistence money shall be paid as if no such order had been made.
Prisoner for
prisonment for
3. A defendant shall be released at any time on the decree being Release of fully satisfied, or at the request of the person at whose instance he may Debt. have been imprisoned, or on such person omitting to pay the allowance above directed. No person shall be imprison d on account of a decree for Term of Im- a longer period than one year, or for a longer period than six months if Debt. the decree be for the payment of money not exceding five hundred dollars, or for a longer period than three months if the decres b for the payment of money not exceeding one hundred dollars.
4
added to
4. Sums disbursed by a plaintiff for the subsistence of a defendant Subsistence in gaol shall be added to the costs of decree, and shall be recoverable Money to be by the attachment and sale of the property of the defendant; but the amount of defendant shall not be det uined in custody or arrested on account of any sums so disbursed.
Decree.
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