Directory_and_Chronicle_1885 — Page 840

CODE OF CIVIL PROCEDURE-HONGKONG.

Of Sales in Execution of Decrees.

199

bove Conduct

LXXVIII-Sales in execution of decree shall be made under the Registrar to direction of the Registrar, and shall be conducted according to such of sale. orders, if any, as the Court may make on the application of any parties concerned, and all such sales shall be made by public auction: Provided that it shall be competent to the Court to authorize the sale to be made in such other manner as it may deem advisable.

Bale fir Irre.

2. At any time within ten day from the date of the sale of any Setting waide immoveable property, application may be made to the Court to set aside gularity. 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.

comes absolute

3.—If no such application as is mentioned in the last preceding para- When Bale be graph be made, the sale shall be deemed absolute. If such application be made and the objection be disallowed, the Court shall make an order confirming the sale; and in like manner if the objection be allowed, the Court shall make an order setting aside the sale for irregularity.

Return of

Deposit

4. Whenever a sale of immoveable property is set aside, the pur- euit or chaser shall be entitled to receive back any money deposited or paid by Purchase him on account of such sale with or without interest, to be paid by such Money. 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 Transfer to

Purchaser by in manner aforesaid, the Court shall grant a certificate to the person who certificate may have been declared the purchaser at such sale, to the effect that he amp Duty-

Registration. has purchased the right, title, and interest of the defendant in the property sold, and such certificate shall be liable to the same stamp duty as au 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. anl ma. be registered in the Land Office under Ordinance No. 8 of 184+.

moveable

6.- - Where the property sold shall consist of goods, chattels, or other Devery of moveable property in the possession of the defendant, or to the immediate Property in poss

Possession

on of which the defendant is entitled, and of which actual seizure selon of

Defendant. has been made, the property shall be delivered to the purchaser,

L'

Defendant

7. Where the property sold shall consist of goods, chattels, or other To which moveable property to which the defendant is entitled, subject to a lien or idehjeet right of any person to the immediate possession thereof, the delivery to te Len the purchaser shall, as far as practicable, be made by the Sheriff giving notice to the person in possession prohibiting him from delivering pos session of the property to any person except the purchaser thereof.

Property in the

8. If the property sold shall consist of a house, land, or other im- primmoveable moveable property, in the occupancy of a defendant, or some person on Occupancy of a his behalf, or of some person claiming under a title created by the defen- Defendunt. dant subsequently to the attachment of such property, the Court shall, on the application of the purchaser, order delivery thereof to be made by putting the party to whom the house, land, or other immoveable property may have been sold, or any person whom he may appoint to receive deli- very on his behalf, in possession thereof, and, if need be, by removing any person who may refuse to racate the same.

Occupancy of

9.- If the property sold shall consist of a house, land, or other im- In lawful moveable property in the occupancy of other persons entitled to ocupy other Ferious. the same, the Court shall, on the application of the purchaser, order delivery thereof to be made by affixing a copy of the certificate of sale in some conspicuous place on the house, land, or other immoveable property, or in the Supreme Court building.

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