Order thereon.
Registrar to
199ae proper
332
CODE OF CIVIL PROCEDURE—HONGKONG
within a limited priod to be fixed by the Court, why the decree should not be executed against him: Provided that no such notice shall e neces- sary in consequence of an interval of more than one year having elapsed between the date of decree and the application or execution, if the application be made within one year from the dat of the last order ontained on any previous application for execution; and provided further that no such notice shall be necessary in consequence of the application being against such representative, if upon a previons application for execution against the same person, the Court shall have ordered execntion to issue against him.
2.-When such notice is issued, if the party shall not appear, or shall not show sufficien ́ cause to the satisfaction of the Court why the decree should not be forthwith executed, the Court shall order it to be executed accordingly. If the party shall appear and sua 1 offer any objection to the enforcement of the decree, the Court shall make such order as in the circumstances of the case may seem to be just and
proper.
Issue of the Writ of Execution
LXXIV.-Upon the application of the decree-holler the Registrar Writ of Execu. shall, subject to the provisions of tee last two preceding sections, issue
proper writ for the execution of the decree.
tion.
Obstruction of Execution of Decree.
By Defendant.
Penalty for.
By any Person other than the Defendant asserting a Claim to possession.
the
Execution of Decrees for immoveable Property
LXXV. If in the execution of a decree for land or other immoveable property, the officer executing the same shall be resisted or obstructed by any person, the person in whose favour such decree was made may apply to the Court at any time within one month from the t me of such resistance or obstruction. The Court shall fix a day for investigating the complaint, and shall summon the party against whom the complaint is made to answer the same.
2.--If it shall appear to the satisfaction of the Court that the obstruc - tion or resistance was occasioned by the defendant, or by some person at his instigation, on the ground that the land or other immoveable property is not included in the decree, or on any other ground, te Court shall enquire into the matter of the complaint, and make suen order as may be proper under the circumstances of the case.
3.If the Court shall be satisfied, after such investigation of the facts of the case as it may deem proper, that the r sistance or obstruction com- plained of was without any just cause, and that the compainant is still resisted or obstructed in obtaining effectual possess on of the property adjudged to him by the device, by the defendant o some person at his instigation, the Court may, at the instane of the plaintiff, and without prejudice to any proceed ngs to which such defendant or other person may be liable for such resistance or obstruction, count te defendant or such other person to prison for such period not “xceeding thir y days as may be necessary to prevent the continuance of sues obstruction or resistance.
4. If it shall appear to the satisfaction of the Court that the resist- ance or obstruction to the execution of the ccree has been occasioned by any person, other than the defendant, claiming bonâ fide to be in pos-es-ion of the property on his own secount or on account of some other person than the d fendant, the claim shall be numbered and registered as a suit between the decree holder as plaintiff and the claimant as defendant, and the Court shall, without prejudice to any proceedi. gs to which the claim int may be liable for such resistance or obstruction, proceed to investigate the claim in the same manner and with the like power as if a suit for the property had been instituted by the decree-holder against the claimant under the provisions of this Code, and shall make such order for staying execution of the decree, or executing the same, as it may deem proper in
the circumstances of the case. Digitized by Google