IN CHINA AND JAPAN.
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any damage that ensues from any irregularity or from any improper or illegal proceeding taken at bis instance.
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goods seized.
124. The Court shall not ord r any goods to be sold unless Adverse claims to satisfied prima facie that they belong to the person against whom execution is issued, and are in a place where the Court has the right to exercise jurisdiction.
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Where a clain is mad by a third party to gools scized in execution, the same, if made by a British subject, shall be decided by the Court on summons, and in a summary way, as between the claimant and the person prosecuting the decree or order.
If the claim is made by a for igner, the Court shall either oblige the person prosecuting the decree or order to establish his claim before selling the goods, or allow him to sell the goods and defend any claim, as appears just.
125. A sale of goods seized in ex cution shall not be made until When sale to be made. after the end of five days at least next foll wing the day of seizure,
unless the goods are of a perishable nature, or on the request in writing of the person whose goods have been seized; and until sale
the goods shall be deposited by the officer in some fit place, or they Custody in meantimə. may remain in the custody of a fit person approved by the Co rt
and put in possession by the officer.
126. Every warrant of execution shall be returned by the officer, Return of warrant. who shall certify thereon how it has b en executed.
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127. In or on every warrant of execution the Court shall cause. Payment before salə. to be inserted or indorsed te sum of money and costs adjudged, with the sums allowed as increasel costs for the xeention of the warrant; if the person against whos gools execution is issued before actual sale of the goods, pays, or causes to b paid into Court, or to the officer holding the warrant. the sum of money and costs adjudged, or such part thereof as the person entit e thereto agrees to accept in full sati-faction thereof, together with all fees, the execution shall be superseded, and the goods seized shall be dis- charged and set at liberv.
omssion of officers.
128. In case any officer of the Court, employed to levy any Neglect, connivance, 02 execution, by neglect, connivance, or omission Ises the opportunity of levying the same, then on complaint of the person aggrieved and on the fact alleged being proved on oath to the satisfaction of the Court, the Court may order the officer to pay such damages as the person complaining appears to have sustained ther by, not excee ling in any case the sum of money for which th execution issue; and the officer shall be liable thereto; and on demand being male thereof, and on his refusal to pay the same, payment thereof shall be enforced as any decree or order of the Court directing the pay- ment of money.
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Summons to Judgment Debtor.
129. Where decree or order directing payment of money In what cases, remaius who ly or in part unsa isfied (whether a warrant of execution has issued or not), the person p.osecuting the decrce or order may apply to the Court for a summons, requiring the person by whom payment is dir et d to be made to appear and b examined respecting bis ability to make the payment directed, and the Court shall, undess it sees good reason to the contrary, issue such a summons.
13). On the appearance of the person against whom the sum- Examination, mons is issu»l, he may be exam n d on oath by or on benalf of the person prose ing the decres or order, and by the Court respecting his abil ty to pay the money directed to be paid, and fort e discovery