Directory_and_Chronicle_1886 — Page 848

In absen e of Judgment Debtor, Court may order

Mortgage in Beu of Sale.

Order for With- drawal of At- 1achment on Batisfaction of Decree.

Investigation thereof by the Court.

Claim or Ob. jection to be

preferred at the earliest Oppor

tunity.

138

CODE OF CIVIL PROCEDURE-HONGKONG.

render due and proper accounts of his receipts and disbursements, from time to time, as the Court may direct.

13.—If the judgment debtor shall be absent from the Colony, and it shall appear to the satisfaction of the Court that the public sale of any of his property which has been attached, consisting of lands, houses, or any interest therein, is objectionable, and that satisfaction of the decree may be made within a reasonable period by a temporary alienation of such property, the Court may, of its own motion, instead of proceeding to a public sale of such property, order that provision be made for the satisfac- tion of the decree by mortgage thereof and may authorize the Registrar, if necessary, to execute the mortgage deed in lieu of the judgment debtor, or any other necessary parties, and may make such orders in relation to such mortgage as may be requisite to carry out this provision; and the execution of such mortgage deed by the Registrar shall have the same effect as the execution thereof by the judgment debtor, or other necessary parties. 14. If the amount decreed with costs and all charges and expenses which may be incurred by the attachment be paid into Court, or if satisfac- tion of the decree be otherwise made, an order shall be issued for the withdrawal of the attachment; and if the defendant shall desire it, and shall deposit in Court a sum sufficient to cover the expense, the order shall be notified in the same manner as hereinbefore prescribed for the notifica- tion of the attachment; and such steps shall be taken as may be necessary for staying further proceedings in execution of the decree.

Of Claims to Attached Property.

LXXVII.--In the event of any claim being preferred to, or objection offered against, the sale of lands or any other immoveable or moveable property which may have been attached in execution of a decree or under any order for attachment made before judgment, as not liable to be sold in execution of a decree against the defendant, the Court shall, subject to the proviso contained in the next succeeding section, proceed to investigate the same with the like powers as if the claimant had been originally made a defendant to the suit, and if it shall appear to the satisfaction of the Court that the land or other immoveable property was not in the possession of the party against whom execution is sought, or of some person in trust for him, or in the occupancy of persons paying rent to him at the time when the property was attached, or that being in the possession of the party himself at such time, it was so in his possession not on his own account, or as his own property, but on account of, or in trust for, some other person, the Court shall make an order for releasing the said property from attachment. But if it shall appear to the satisfaction of the Court that the land or other inmoveable or moveable property was in possession of the party against whom execution is sought, as his own property, and not on account of any other person, or was in the possession of some person in trust for him, or in the occupancy of persons paying rent to him at the time when the property was attached, the Court shall disallow the claim. The party against whom the order may be given shall be at liberty to bring a suit to establish his right at any time within one year from the date of the order.

2.- The claim or objection shall be made at the earliest opportunity to the Court; and if the property to which the claim or objection applies shall have been advertised for sale, the sale may (if it appears necessary) be postponed for the purpose of making the investigation mentioned in the last preceding paragraph: Provided that no such investigation shall be made if it appear that the making of the claim or objection was designedly and unnecessarily delayed, with a view to obstruct the ends of justice, and in such case, the claimant shall be lei to prosecute his claim by a regular suit.

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