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CODE OF CIVIL PROCEDURE-HONGKONG
309
able Property—
Contract or
2.-If the decree be for any specific mo.eable, or for the specific Decree for move- performance of any contract or other particular act, it shall be enforced Performance of by the eizure, if practicable, of the specific moveable and the delivery alternative. thereof to the party to whom it shall have been adjudged, or by imprison- ment of the party against whom the decree is male, or by attaching his property and keeping the saine under attachment until further order of the Court or by both imprisonment and attachment if necessary; or if alterna- tive damages be awarded, levying such damages in the mode provide for the execution of a decree for mon. y.
Money.
3.-If the decrce be for money, it shall be enforce by the imprison- Decree for ment of the party against whom the decree is made, or by the attachment and sale of his property, or by both, if ecessary; and if such party be other than a defendant, the decree may be enforced against him in the
me manner as a decree may be enforced against a defendant.
of Deeds, &c.,
of negotiable Instruments.
4.-If the decree be for the execution of a deed, or for the indorse. For Execution ment of a negotiable instrument, and the party ordered to execute or or Indorsement indorse such deel 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 indor ement thereof by the party or 'ered to execute.
sentatives of
5.-If the 'ecree be against a party as the representative of a de- Against Repre ceased person, and such decr e be for money to be paid out of the property deceased of the deceased person, it may be executed by the attachment and sale of Persons. any such property, or, i no such property can be found and the defendant fail to satisfy the Court that he has duly applied such property of the decease as shall be proved to have come into his ossession, the recree 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- Against Sureties. 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 manuer as a decree may be enforced against a defendant.
Property liable
Execution of
7. The following property is liable to attachment and sale in execu- to tachment tion of a decree, namely, land, houses, goods, inoney, bank-notes, cheques, and Sale in billa of exchange, promissory notes, government securities, bonde, or other Deore, 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.
Payment into
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 under Decree. part or in whole, shall be recognised by the Court unles‹ 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 10 whom it has been trans- ferred.
Immediate Execution.
Court before
Costs.
LXXI.-The Court may, at the time of making the decree, on the By Order of verbal application of the party in whose favour the decree is made, order Taxation of 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.