726
Application for leave to issue execution by one of several persons entitled.
No. 3.]
THE ORDINANCES OF HONGKONG: [A.D. 1901
391.-(1.) If a judgment has been given jointly in favour of more persons than one, any one or more of such persons, or his or their representatives, may apply to the Court for leave to issue execution for the benefit of them all, or, where any of them has died, for the benefit of the survivors and of the representative interest of the deceased person.
(2.) If the Court grants such leave, it shall make such order as it may think fit for protecting the interests of the persons who have joined in the application.
Stay of Execution.
392. No proceeding by auditâ querelâ shall hereafter be used; but any judgment debtor may apply to the Court for a stay of execution or other relief against such judgment, on the ground of facts which have arisen too late to be pleaded; and the Court may give such relief and on such terms as may be just.
393. Whenever an action is pending in the Court against a party who has obtained a previous judgment of the Court by the person against whom the judgment was given, the Court may, if it appears just and reasonable to do so, stay execution of the judgment, either absolutely or on such terms as may seem just, until judgment has been given in the pending action.
Issue of Execution.
394.-(1.) On the application of the person who has obtained any judgment, the Registrar shall, subject to the provisions of this Code, issue the proper writ for the execution of the judgment.
(2.) Every writ of execution shall bear date of the day on which it is issued.
395. All writs of execution shall be issued in the order of application for the same, unless the Court otherwise directs.
Execution of Judgment for Immovable Property.
396.-(1.) If, in the execution of a judgment for immovable property, the Bailiff is resisted or obstructed by any person, the person who has obtained the judgment may apply to the Court at any time within one month from the time of such resistance or obstruction.
(2.) The Court shall thereupon fix a day for investigating the complaint, and shall summon the person against whom the complaint is made to answer the same.
(3.) If on the investigation it appears to the Court that the resistance or obstruction was occasioned without just cause by the person so summoned, the Court may order that the person so summoned be detained in civil prison for a term not exceeding six months.
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Indian Code, 9.231.
0.42 r. 27.
Staying execution on ground of new facts.
H. K. Code, 8.72 (3).
Issue and date of writ. Ib. s. 74.
0. 42 r. 14.
Order of issue of writs.
H. K. Code, 8. 72 (8.)
Procedure where resistance is offered to execution of judgment for immovable property.
Ib. s. 75 (1.) (4.) Schedule: Form No. 29.
has been corrected to:726
Application for leave to issue execution by one of several persons entitled.
No. 3.]
THE ORDINANCES OF HONGKONG: [A.D. 1901
391.-(1.) If a judgment has been given jointly in favour of more persons than one, any one or more of such persons, or his or their representatives, may apply to the Court for leave to issue execution for the benefit of them all, or, where any of them has died, for the benefit of the survivors and of the representative interest of the deceased person.
(2.) If the Court grants such leave, it shall make such order as it may think fit for protecting the interests of the persons who have joined in the application.
Stay of Execution.
392. No proceeding by auditâ querelâ shall hereafter be used; but any judgment debtor may apply to the Court for a stay of execution or other relief against such judgment, on the ground of facts which have arisen too late to be pleaded; and the Court may give such relief and on such terms as may be just.
393. Whenever an action is pending in the Court against a party who has obtained a previous judgment of the Court by the person against whom the judgment was given, the Court may, if it appears just and reasonable to do so, stay execution of the judgment, either absolutely or on such terms as may seem just, until judgment has been given in the pending action.
Issue of Execution.
394.-(1.) On the application of the person who has obtained any judgment, the Registrar shall, subject to the provisions of this Code, issue the proper writ for the execution of the judgment.
(2.) Every writ of execution shall bear date of the day on which it is issued.
395. All writs of execution shall be issued in the order of application for the same, unless the Court otherwise directs.
Execution of Judgment for Immovable Property.
396.-(1.) If, in the execution of a judgment for immovable property, the Bailiff is resisted or obstructed by any person, the person who has obtained the judgment may apply to the Court at any time within one month from the time of such resistance or obstruction.
(2.) The Court shall thereupon fix a day for investigating the complaint, and shall summon the person against whom the complaint is made to answer the same.
(3.) If on the investigation it appears to the Court that the resistance or obstruction was occasioned without just cause by the person so summoned, the Court may order that the person so summoned be detained in civil prison for a term not exceeding six months.
Indian Code, s.231.
O.42 r.27.
H.K.Code, s.72(3).
Ib. s.74.
O.42 r.14.
H.K.Code, s.72(8).
Ib. s.75(1)(4). Schedule: Form No.29.
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