Of Debts and Shares in Public Com- .panies
* Bf negotiable
Becurities.
"Transfer of -Pesurities and
btreeting
Purchaser in
-obtaining
Ровечијов.
Obstruction by . Claimanta
other thien "Defendent
Wabistencé Allowupez lo Prisoner for Debt.
140
CODE OF CIVIL PROCEDUKE HONGKONG.
10. Where the property sold shall consist of debts not being nego- tiable instruments, or of shares in any public company or corporation, the Court shall, on the application of the purchaser, make an order pro- hibiting the creditor from receiving the debts and the debtor from making payment thereof to any person or persons except the purchaser, or pro- hibiting the person in whose name the shares may be standing, from making any transfer of the shares to any person except the purchaser, or receiving payment of any dividen is thereon, and the manager, accretary, or other proper officer of the company or corporation from permitting any such transfer or making any sucli payment to any person except the purchaser.
11.--Where the property sold shall consist of negotiable securities of which actual seizure has been made, the same shall be delivered to the purchaser thereof.
12. If the indorsement, transfer, or conveyance of the party in whose name any negotiable security or any share in a public company or corpora tion is standing, or in whom any nortage or equity of redemption shall be vested, shall be required to transfer the same, the Registrar may indorse the security or the certificate of the share, or may execute such other document as may be necessary for tranfuring the same. The indorse- ment or execution shall be in the foll wing form, or to the like effect: "A. B. by C. D., Registrar of the Supr. ue Court of Hongkong; in a suit by E. F. versus A. B." Until the transfer of such security or share, the Court may, by order, appoint some person to receive any interest or dividend due thereon, and to sign receipts for the same; and any indorsement made or document executed, or receipts signed as aforesaid, shall be as valid and effectual for all purposes, as if the same had been made or executed or signed by the party himself.
13. If the purchaser of any immoveable property sold in execu tion of a decree shall, notwithstanding the order of the Court, be resisted or obstructed in obtaining possession of the property, the provisions con- tained in Section LXXV., relating to resistance or obstruction to a party in whose favour a suit has been decreed in obtaining possession of the property adjudged to him, shall be applicable in the case of such resistance or obstruction.
14.-If it shall appear that the resistance or obstruction to the delivery of possession was occasioned by any person other than the defendant claiming a right to the possession of the property sold as proprietor, mortgagee, lessee, or under any other title, or if in the delivery of posses- sion to the purchaser any such person claiming as aforesaid shall be dis- possessed, the Court, on the complaint of the purchaser, or of such person claiming as aforesaid, if made with month from the date of such resistance or obstruction, or of such dia bession, as the case may be, shall enquire into the matter of the comjlauit, and make such order as Thay
Le proper in the circumstances of the case. The party against whom it is given shall be at liberty to bring a suit to establish his right at any time within one year from the date thereof.
1
Of the Execution of Perrey Imprisonment.
LXXIX. When a defendant is committed to prison in execution of a decree, the Court shall fix whatever monthly allowance it shall think sufficient for his subsistence, not excl twenty-five cents per day, which shall be paid by the party at whose ince the decree may have been executed, to the suferintendent of ti gal, by monthly payments in advance, before the first day of each month, the first payment to be made for such portion of the current month as may remain unexpired before the defendant is committed to prison.
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