800
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Power to order sale of movable property taken in execution and claimed by third party. O. 57, r. 12.
Giving of notice by the bailiff of claim to movable property taken in execution. O. 57, r. 16.
Withdrawal by the bailiff on admission of claim. O. 57, r. 16A.
Conduct and mode of sale H.K. Code, s 78 (1).
424. Where movable property has been taken in execution under the process of the court and any claimant alleges that he is entitled, under a bill of sale or otherwise, to the property by way of security for debt, the court may order the sale of the whole or a part thereof and direct the application of the proceeds of the sale in such manner and upon such terms as may be just.
425.--(1) Where a claim is made to or in respect of any movable property taken in execution under the process of the court it shall be in writing, and on the receipt of the claim the bailiff shall forthwith give notice thereof to the execution creditor, and the execution creditor shall, within four days after receiving the notice, give notice to the bailiff that he admits or disputes the claim.
(2) If the execution creditor admits the claim and gives notice as directed by this section, he shall only be liable to the bailiff for any fees and expenses incurred prior to the receipt of the notice admitting the claim.
426. When the execution creditor has given notice to the bailiff that he admits the claim the bailiff may thereupon withdraw from possession of the property claimed and may apply for an order protecting him from any action in respect of the seizure and possession of the property, and the court may make any such order as may be just and reasonable in respect of the same: Provided that the claimant shall receive notice of such intended application and, if he desires it, may attend the hearing of the same, and if he attends the court may, in and for the purposes of such application, make all such orders as to costs as may be just and reasonable.
Sale of property in execution of judgment.
427. Every sale in execution of a judgment shall be made in execution under the direction of the Registrar and shall be conducted according to such orders, if any, as the court may make on the application of any party concerned and shall be made by public auction: Provided that the court may in any case authorize the sale to be made in such other manner as it may deem advisable.