Directory_and_Chronicle_1882 — Page 732

CODE OF CIVIL PROCEDURE-HONGKONG.

161

the ends of justice, and in such case, the claimant shall be left to prosecute his claim by a regular suit.

Of Sale in Execution of Decrees.

LXXVIII.-Sale in execution of decree shall be made under the direction of the Registrar, and shall be conducted according to such o.ders, if any, as the Comt may make on the application of any parti s concernel, and all such sales shall be made by public auction: Provided that it shall be competent to the Court to authorize the sale to le male in such other manner as it may dem advisable.

2. At any time within ten days from the date of the sale of any immoveable property, application may be made to the Court to set aside the sale on the ground of any material irregularity in the conduct of the sale, but no sale shall be set aside on the ground of such irregularity unless the applicant shall prove to the satisfaction of the Court that he has sustained substantial injury by reason of such irregularity,

3.- It no such application as is mentioned in the last preceding paragraph be made, the sale shall be deemed absolute. If such application be nile and the objection be disal owed, the Court shall make an ord r confirming the sale; and in like manner if the objection be allowed, the Court shall make an order setting aside the sale for irregularity.

4.-Whenever a sale of immoveable property is set aside, the purchaser shall be entitled to receive back any money deposited or paid by him on account of such sale with or without interest, to be paid by such parties and in such manner as it may appear proper to the Court to direct in each instance.

5. After a sale of immoveable property shall have become absolute in manner aforesaid, the Court shall grant a cer ificate to the person who may have been declared the purchaser at suc sale, to the effect that he has purchased the right, title, and interest of the defendant in the property so'd, and such certificate shall be liable to the same stamp duty as an assignment of the same property, and when duly stamped as aforesaid, shall be taken and deemed to be a valid transfer of such right, title, and interest, and may be registered in the Land Office under Ordinance No. 3 of 1814.

6.-Where the property sold shall consist of goods, chittels, or other move..ble property in the possession of the defendant, or to the immediate posssesion of which the defendant is ent tl-d, and of which actual seizure has been made, the property shall be delivere to the purchaser.

7.--- Where the property sold shall e nsist of goods, chattels, or other moveablo property to which the defendant is entitled, subject to a lien or right of any person to the immediate poss ssion thereof, the delivery to the purchaser shall, as far as prac- ticable, be made by the Sheriff iving notice to the person in possession prohibiting him from delivering possession of the property to any person except t'e purchaser thereof. 8.-If the property sold shall consist of a house, land, or other immoveable pro- perty, in the occupancy of a defenda :*, or some pers n ou his behalf, or of some person claiming under a tit crated by the defendant subsequently to the attachment of such properly, the Court shall, on the application of the purchaser, order delivery thereof to be ma le by putting the party to whom the house, land, or other immove- able property may have been sold, or any person whom he may appoint to revive delivery on his be alf, in possession thereof, and, if need be, by removing any person who may refuse to vacate the same.

9. If the property sold shall consist of a buse, land, or other immoveable pro- perty in the occupancy of other persons entitled to occupy the same, the Court shall, on the application of the purchaser, order delivery ther of to be made by affixing a copy of the certificate of sale in some conspicuous place on the house, land, or other immoveable property, in the Supreme Court building.

10.-Where the property sold shall consist of debts not be ng negotiable instru- ments, or of shares in any public company or corporation, the Court shall, on the application of the purchaser, make an order prohibiting the creditor from receiving the debts and the debtor from maki g payment thereof to any person or persons except the purchaser, or prohibiting the person in whose name the shares may be standing, from making any transfer of the shares to any p rson except the purchaser,