Directory_and_Chronicle_1875 — Page 743

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CODE OF CIVIL PROCEDURE-HONGKONG.

Mode of enforcing Decrees.

LXX.-If the decree be for land or other immoveable property, the decree holder shall be put in possession thereof, if necessary, by the Sheriff or other officer executing the decree.

2. If the decree be for any specific moveable, or for the specific performance of any contract or other particular act, it shall be enforced by the seizure, if practicable, of the specific moveable and the delivery thereof to the party to whom it shall have been adjudged, or by imprisonment of the party against whom the decree in made, or by attaching his property and keeping the same under attachment until further order of the Court, or by both imprisonment and attachment, if necessary; or if alternative damages be awarded, by levying such damages in the mode provided for the execution of a decree for money.

3.-If the decree be for money, it shall be enforced by the imprisonment of the party against whom the decree is made, or by the attachment and sale of his property, or by both, if necessary; and if such party be other than a defendant, the decree may be enforced against him in the same manner as a decree may be enforced against a defendant.

4.-If the decree be for the execution of a deed, or for the indorsement of a anegotiable instrument, and the party ordered to execute or indorse such deed or negotiable instrument shall neglect or refuse so to do, any party interested in having the same executed or indorsed may prepare a deed or indorsement of the instrument in accordance with the terms of the decree, and tender the same to the Court for execution upon the proper stamp (if any is required by law), and the signature thereof by the Registrar shall have the same effect as the execution or indorsement thereof by the party ordered to execute.

5.-If the decree be against a party as the representative of a deceased person, and such decree be for money to be paid out of the property of the deceased person, it may be executed by the attachment and sale of any such property, or, if no such property can be found and the defendant fail to satisfy the Court that he has duly applied such property of the deceased as shall be proved to have come into his possession, the decree may be executed against the defendant to the extent of the property not duly applied by him, in the same manner as if the decree had been against the defendant personally.

6. Whenever a person has become liable as security for the performance of a decree, or of any part thereof, the decree may be executed against such person to the extent to which he has rendered himself liable, in the same manner as a decree may be enforced against a defendant.

7.-The following property is liable to attachment and sale in execution of a decres, namely, land, houses goods, money, bank notes, cheques, bills of exchange, promissory notes, government securities, bonds, or other securities for money, debts, shares in the capital or joint stock of any public company or corporation, and all other property whatsoever, moveable or immoveable, belonging to the defendant, and whether the same be held in his own name or by another person in trust for him, or on his behalf.

8.-All monies payable under a decree shall be paid into Court, unless the Court shall otherwise direct. No adjustment of a decree, in part or in wlole, shall be recognised by the Court unless such adjustment be made through the Court, or be certified to the Court by the person in whose favor the decree has been made, or to whom it has been transferred.

Immediate Execution.

LXXI.—The Court may, at the time of making the decree on the verbal application of the party in whose favor the decree is made, order immediate execution thereof, except as to so much as relates to the costs, and that the decree shall be executed as tie costs as soon as the amount thereof shall be ascertained by taxation.

Application for Execution in ordinary Cases.

LXXII.-When any party in whose favor a decree has been made is desirous of enforcing the same, he shall apply to the Registrar for execution. Such application