CODE OF CIVIL PROCEDURE-HONGKONG
309
able Property—
Contract or
2.-If the decree bo for any pecific mo.eable, or tor the specitic Decree for move- performance of any contract or other particular act, it shall be enforced Performance of by the seizure, if practicable, of the specific moveable and the del very alternative. thereof to the party to whom it shall have been adjudg., or by inprison- ment of the party against whom the decree is ua e, or by attaching his property and keeping the same under attacument until further order of the Court or by both mprisonment 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.—It the decree be for money, it shall be enforce by the imprison- Decree for ment of the party again t whom the decree is made, or by the attachment and sale of his property, or by both, it necessary; an it such party be other than a defendant, the decree may be enforced against him the same manner as a decree may be enforced against a defendant.
Instruments,
4.--If the ecree be for the execution of a deed, or for the indorse- For Execution of Uceds, &c., ment of a negotiable mstrument, and the party ordered to execute or or Indorsement indorse such dee or negotiable instrument shall neglect or refuse so of negotiable to do, any party intereste in having the same executed or indorsed may prepare a deed or indorsement of the .nstrument in accor ance 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 par.y ordered to execute.
sentatives of
5.-Ir tue 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 re has duly applied such property of the decease as shall be prove to have come into his ossession, the eciee 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 be.n against the defendant personally.
6.—Whene.er a person has become liable as security for the perfor- Against Sureties. mance of a decree, o. 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.
Property liable
Execution of
7.—The following property is liable to attachment and sale in execu- to Attachment tion of a decree, namely, laud, houses, goods, money, bank-notes, cheques, and Sale in bills of exchange, promissory notes, government securities, bonde, or other Decree. securities for money, debts, shares in the capital or joint stock of any public company or corpo ation, and all other property whatsoever, moveable or immo.eable, 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 money payable under a decree shall be paid into Court, Court of Money unless the Court shall otherwise direct. No adjustment of a decrce, 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 per-on in whose favour the decree has been made, or to whom it has been trans- ferred.
Immediate Execution.
+
Court before
Custe.
LXXI. The Court may, at the time of making the decree, on the By Order of verbal application of the party in whose fa our 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.