Directory_and_Chronicle_1887 — Page 877

CODE OF CIVIL PROCEDURE-HONGKONG.

133

Books and

3. He shall be bound to produce on oath, or otherwise, all books, Production of papers, and documents in his possession or power relating to property Documents. applicable to such payment.

4.-Whether the person summoned appears or not, the person pro- Examination of secuting the decree, and all other witnesses whom the Court thinks other Witnesses. requisite, may be examined on oath or otherwise respecting the matters

aforesaid.

5.-The Court may, if it thinks fit, adjourn the hearing or the sum- Ajournment

of Hearing and mons from time to time, and require from the person summoned such Proceedings security for his appearance at the adjourned hearing as seems fit, and in thereon default of his finding security, may, by warrant, commit him to prison, there to remain until the adjourned hearing, unless sooner discharged.

for Protection

6. The Court may, upon such investigation as aforesaid, make any Interim Order interim order for the protection of any property applicable or available in of Property. discharge of the decree, as it shall think expedient.

Mode of enforcing Decrees.

LXX.--If the decree be for land or other immoveable property, decree holder shall be put in possession thereof, if necessary, by Sheriff or other officer executing the decree.

Posse sion of

the Decres for the immoveable

Property.

able Property—

alternative.

2.--If the decree be for any specific moveable, or for the specific Decree for move- performance of any contract or other particular act, it shall be enforced Performance of by the seizure, if practicable, of the specific moveable and the delivery Contract or thereof to the party to whom it shall have been adjudged, or by imprison- ment of the party against whom the decree is made, or by attaching his property and keeping the same under attachment until further order of the Court, or by both imprisonment and attachment if necessary: or if alterna- tive damages be awarded, by levying such damages in the mode provided for the execution of a decree for money.

·

3. If the decree be for money, it shall be enforced by the imprison- Decree for ment of the party against whom the decree is made, or by the attachment Money and sale of his property, or by both, if necessary; and if such party be other than a defendant, the decree may be enforced against him in the same manner as a decree may be enforced against a defendant.

or Indorsement

Instruments.

4.-If the decree be for the execution of a deed, or for the indorse- For Execution ment of a negotiable instrument, and the party ordered to execute or of Deeds, &c. indorse such deed or negotiable instrument shall neglect or refuse so of negotiable to do, any party interested in having the same executed or indorsed may prepare a deed or indorsement of the instrument in accordance with the terms of the decree, and tender the same to the Court for execution upon the proper stamp (if any is required by law), and the signature thereof by the Registrar shall have the same effect as the execution or indorsement thereof by the party ordered to execute.

sentativos of

5.—If the decree be against a party as the representative of a de- Against Repre ceased person, and such decree be for money to be paid out of the property deceased of the deceased person, it may be executed by the attachment and sale of Persons. any such property, or, if no such property can be found and the defendant fail to satisfy the Court that he has duly applied such property of the deceased as shall be proved to have come into his possession, the decree may be executed against the defendant to the extent of the property not duly applied by him in the same manner as if the decree had been against the defendant personally.

6.—Whenever a pason has become liable as security for the perfor- Against Sur ties mance of a decree, or of any part thereo, the decree may be executed against such person to the extent to which he has rendered himself liable in the same manner as a decree may be enforced against a defendant.