CODE OF CIVIL PROCEDURE-HONGKONG
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4.-Whether the person summoned appears or not, the person pro- Examination of secuting the decree, and all other witnesses whom the Court thinks other Witnesses. requisite, may be examinel on oath or otherwise respecting the matters
aforesaid.
Proceedings
5.-The Court may, if it thinks fit, adjourn the hearing of the sum- Adjournment of mons from time to time, and require from the person summoned such hearing and security for his appearance at the adjourned hearing as seems fit, and in thereon. default of his finding security, may, by warrant, commit him to prison, there to remain until the adjourned hearing, unless sooner discharged.
6. The Court may, upon such investigation as aforesaid, make any interim order for the protection of any property applicable or available in discharge of the decree, as it shall think expedient.
Mode of Enforcing Decrees.
Interim Order protect
for Protection of Property.
LXX. If the decree be for land or other immoveable property, the Decree for decree holder shall be put in possession thereof, if necessary, by the Possession of bailiff or other officer executing the decree.
Property.
able Property—
alternative.
2.-If the decree be for any pecific moveable, or for the specific 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 delivery Contract or 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, levying such damages in the mode provide l for the execution of a decree for money.
3. If the decrce be for money, it shall be enforce 1 by the imprison- Decree for ment of the party against whom the decree is made, or by the attachment Money. 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 decree may be enforced against a defendant.
Instruments.
4.--If the decree be for the execution of a deed, or for the indorse- For Execution of Deeds, &c., 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 of negotiable 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 ordered to execute.
sentutives of
5.-If the decree be against a party as the representative of a de- Against Repre- ceased person, and such decree 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, 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 decres had been against the defendant personally.
6.—Whenever a person has become liable as security for the perfor- Against Suretics, 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.
to Attachment
7. The following property is liable to attachment and sale in execu- Property liable tion of a decree, namely, land, houses, goods, money, bank-notes, cheques, and Sale in bills of exchange, promissory notes, government securities, bonds, or other Execution of securities for money, debts, shares in the capital or joint stock of any
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Decree,