CODE OF CIVIL PROCEDURE-HONGKONG
321
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 examined on oath or otherwise respecting the matters
aforesaid.
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 Proceedings 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,
for Protection
6. The Court may, upon such investigation as aforesaid, make any Interim Order interim order for the protection of any property applicable or available in of Property. discharge of the decree, as it shall think expedient.
Mode of Enforcing Decrees.
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 session of bailiff or other officer executing the decree.
•
immoveable 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 ma le, 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 provided 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 again-t whom the decree is made, or by the attachment and sale of his property, or by both, if Lecessary; an it 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 l'eeds, LO, ment of a negotiable instrument, and the party ordered to execute or or Indorsement indorse such deed or negotiable instrument shall neglect or refuse so of negotiable to do, any party intereste in haring the same exrend or indorsed may prepare a deed or indorsement of the nstrument in actor ance with the terms of the decree, and tender the same to the Curt for execution upon the proper stamp (f 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 exeenie,
5.-If the decree be against a party as the representatie of a de- Against Repre ceased and such decre be for money to be paid out of the property deceased
person, of the deceased per on, it may be excented by the attach ent and sale of Persous. any such property, or, it 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 te have come into his ; ossessi
the ecree may be executed against the defendant to the extent of the property not duly applied by hin in the same manner as if the deere had ben against the defendant personally.
>
sentatives of
6.—Whenever a person has become liable as security for the perfor- Against Sureties mance of a decree, or of any part thereof, the degree may be executed against such person to the extent to which he has rendere himself liable in the same manner as a decree may be forced 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, Imuk-notes, cheques, to Attachm 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
il
Decree.