736
Delivery to purchaser of property sold in execution.
movable
H. K. Code, s. 78 (6.), (7.)
Prohibitory order in case of debts and
shares sold
in execution.
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1881] liberty to bring an action to establish his right at any time within six months from the date of the order.
434.-(1.) Where the property sold consists of movable property in the possession of the judgment debtor, or to the immediate possession which the judgment debtor is entitled, and of which actual seizure has been made, the property shall be delivered to the purchaser.
(2.) Where the property sold consists of movable property to which the judgment debtor is entitled subject to a lien or right of any person to the immediate possession thereof, the delivery to the purchaser shall, as far as practicable, be made by the Bailiff giving notice to the person in possession prohibiting him from delivering possession of the property to any person except the purchaser.
435. Where the property sold consists of debts, not being negotiable instruments, or of shares in any public company or corporation, the Court shall, on the application of the purchaser, make an order prohibiting the judgment debtor from receiving the debts and his debtor from making payment thereof to any person except the purchaser, or prohibiting the person in whose name the shares are standing from making any transfer of the shares to any person except the purchaser or receiving payment of dividends thereon, and the manager, secretary, or other proper officer of the company or corporation from permitting any such transfer or making any such payment to any person except the purchaser.
Delivery of negotiable instrument sold in execution. Ib. s. 78 (11.) Execution of transfer of share, etc. Ib. s. 78 (12.) any
436. Where the property sold consists of a negotiable instrument of which actual seizure has been made, the same shall be delivered to the purchaser.
437.-(1.) If the execution of a transfer by any person in whose name a share in a public company or corporation is standing, or the indorsement by any person of any negotiable instrument, or the execution by any person of any deed or other instrument relating to immovable property or any interest therein, is lawfully required to give effect to any sale in execution of a judgment, the Registrar, with the sanction of the Court, may-
(a.) execute such transfer; or
(b.) indorse such negotiable instrument; or
(c.) execute such deed or other instrument.
(2.) The execution of such transfer, the indorsement of such negotiable instrument, and the execution of such deed or other instrument by the Registrar shall have the same effect as the execution and the indorsement by the person whose execution or indorsement is so as aforesaid required.
(3.) Until the execution of such transfer or the indorsement of such negotiable instrument, ...
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