Directory_and_Chronicle_1879 — Page 640

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CODE OF CIVIL PROCEDURE—HONGKONG.

or receiving payment of any dividends thereon, and the manager, secretary, or other proper officer of the company or corporation from permitting any such transfer or making any such payment to any person except the purchaser.

11.-Were 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 corporation is standing, or in whom any mortgage or equity of redemption shall be vested, shall be required to transfer the sam", the Registrar may indorse the s curity or the certificate of the share, or may execute such other document as may be necessary for transferring the same. The indorsement or execution shall be in the following form, or to the like effect:- "A. B. by C. D., Registrar of the Supreme 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 execution of a decre shall, notwithstanding the order of the Court, be resisted or obstructed in obtaining possession of the property, the provisions contained in Section LXXV., relating to resistance or obstruction to a party in whose favour a suit has been decreed in ob- taining pos ession of the property adjudged to im, 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 un ler any other title, or in the delivery of posses-ion to the purchaser, any such person claiming as aforesaid shall be dispossessed, the Court, on the complaint of the par- chaser, or of such person claiming as aforesaid, if made within one month from the date of such resistance or obstruction, or of such dispossession, as the case may be, shall enquire into the matter of the complaint, and make such order as may be 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.

Of the Execution of Decrees by Imprisonment.

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LXXIX.-When a defendant is committed to prison in execution of a decree, Court shall fix whatever monthly allowance it shall think sufficient for his susistence, not exceeding twenty-five cents er day, which shall be paid by the party whose instance the decree may have been executed, to the superintendent of the gaol, 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 unexpirel before the defendant is committed to prison.

2.---In case of the serious illness of any defendant imprisoned under a decree for debt, it shall be lawful for the Court, on the certificate of the Colonial Surgeon, to make an order for the removal of the defenda t to the Government Civil Hospital, and for his treatment there under custody until further order, and the period of defendant's stay in hospital shall be counted as part of his term of imprisonment debt, and his subsistence money shall be paid as if no sach order had been made.

3. A defendant shall be released at any time on the decree being fully satisfied or the request of the person at whose instance be may Lave been imprisoned, or such person omitting to pay the allowance as above directed. No person shall imprisoned on account of a decree for a long r period than one year, or for a long period than six months if the decree be for payment of money not exceeding fi hundred dollars, or for a longer period than three months if the decree be for t payment of money not exceeding one hundred dollars.

4.-Sums disbursed by a plaintiff for the subsistence of a defendant in gaol sha be added to the costs of the decree, and shall be recoverable by the attachment at