Directory_and_Chronicle_1879 — Page 636

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CODE OF CIVIL PROCEDURE.-HONGKONG.

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investigating the complaint, and shall summon the party against whom the complaint is made to answer the same.

2.—If it shall appear to the satisfaction of the Court that the obstruction or resistance was occasioned by the defendant, or by some person at his instigation, on the ground that the land or other immoveable property is not included in the decree, or on any other ground, the Court shall enquire into the matter of the complaint, and make such order as may be proper under the circumstances of the case.

3. If the Court shall be satisfied, after such investigation of the facts of the case as it may deem proper, that the resistance or obstruction complained of was without any just cause, and that the complainant is still resisted or obstructed in obtaining effectual possession of the property adjudged to him by the decree, by the defendant or some person at his instigation, the Court may, at the instance of the plaintiff, and without prejudice to any proceedings to which such d fendant or other person may be liable for such resistance or obstruction, commit the defendant or such other person to prison for such period not exceeding thirty days as may be necessary to prevent the continuance of such obstruction or resistance.

4. If it shall appear to the satisfaction of the Court that the resistance or obstruction to the execution of the decree has been occasioned by any person, other than the defendant, claiming bona fide to be in possession of the property on his own account or on account of some other person than the defendant, the claim shall be numbered and registered as a suit between the decr e-holder as plaintiff and the claimant as defendant, and the Court shall, without prejudice to any proceedings to which the claimant may be liable for such resistance or obstruction, proceed to in- vestigate the claim in the same manner and with the like power as if a suit for the property had been instituted by the decree-holder against the claimant under the pro- visions of this Code, and shall make such order for staying execution of the decree, or executing the same as it may deem proper in the circumstances of the case.

5.-If any person other than the defendant shall be dispossessed of any land or other immoveable property in execution of a decree, and such person shall dispute the right of the decree-holder to dispossess him of such property under the decree, on the ground that the property was bona fide in his possession on his own account, or on account of some other person than the defendant, and that it was not included in the decree, or if included in the decree, that he was not a party to the suit in which the decree was made, ho may apply to the Court within one month from the date of such dispossession; and if, after examining the applicant, it shall appear to the Court that there is probable cause for making the application, the application shall be num- bered and registered as a suit between the applicant as plaintiff and the decree-holder as defendant, and the Court shall proceed to investigate the matter in dispute in the same manner and with the like powers as if a suit for the property had been instituted by the applicant against the decree-holder.

6. The decision of the Court under the provisions contained in either of the last preceding paragraphs shall be of the same force or effect as a decree in an ordinary suit; and no fresh suit shall be entertained between the same parties or persons claiming under them in respect of the same cause of action.

CHAPTER XII.-EXECUTION OF DECREES FOR MONEY BY ATTACHMENT

OF PROPERTY.

LXXVI.—If the decree be for money, and the amount thereof is to be levied from the property of the person against whom the same may have been pronounced, the Court shall cause the property to be attached in the manner following:

2.- Where the property shall consist of goods, chattels, or other moveable pro- perty in the possession of the defen lant, the attachment shall be made by actual seizure, and the Sheriff or other officer shall keep the same in his custody, and shall be responsible for the due custody thereof.

3. Where the property shall consist of goods, chattels, or other moveable property to which the defendant is entitled subject to a lien or right of some other person to the immediate possession thereof, the attachment shall be made by a written