470
THE HONG KONG GOVERNMENT GAZETTE, JUNE 23, 1933.
HONG KONG.
No. 13 of 1933.
I assent.
W. PEEL,
L.S.
Governor.
23rd June, 1933.
An Ordinance for the further amendment of the Code of
Civil Procedure.
123rd June, 1933.]
Short title.
New
Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:
1. This Ordinance may be cited as the Code of Civil Procedure Amendinent (No. 2) Ordinance, 1933.
2. The following new section is added after section 427 section 427A in the Code of Civil Procedure:-
added to
Ordinance
No. 3 of 1901,
Effect of Sales in execution without
notice of claim by third party.
c. 34, s. 15.
Ordinance
427A. Where any goods in the possession of an execution debtor at the time of seizure by the bailiff or other officer charged with the enforcement of a writ, warrant, or other process of execution, are sold by such bailiff or other officer, without any claim having been made to the same, the 3 & 4 Geo. 5, purchaser of the goods so sold shall acquire a good title to the goods so seld, and no person shall be entitled to recover against the bailiff or other officer, or anyone lawfully acting under the authority of either of them, except as provided by section 46 of the Bankruptcy Ordinance, 1931, for any sale of such goods or for paying over the proceeds thereof prior to the receipt of a claim to the said goods, unless it is proved that the person from whom recovery is sought had notice, or might by making reasonable inquiry have ascertained, that the goods were not the property of the execution debtor : Provided that nothing in this section contained shall affect the right of any claimant, who may prove that at the time of sale he had a title to any goods so seized and sold, to any remedy to which he may be entitled against any person other than such bailiff or other officer or purchaser as aforesaid
No. 10 of 1931.
Passed the Legislative Council of Hong Kong, this 22nd day of June, 1933.
A. W. G. H. GRANTHAM,
Deputy Clerk of Councils.