Directory_and_Chronicle_1889 — Page 966

Application for Etio, a ter

142

CODE OF CIVIL PROCEDURE-HONGKONG.

Measures in certair aves preliminary to the Issue of Execution.

XXIII.—If an interval of more than one year shall have elapsed won the date of the dewe and the application for its execution, or if Yes, against the enforcement of the de ree be applied for against the representative of

Inse of One

Repres at

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of original Fa.ş. riginal party to the suit, the Court shall issue a notice to the party against whom execution may be applied for requiring him to show cause, within a limited period to be fixed by the Court, why the decree should no: be executed against him: Provided that no such notice shall be neces. sar in consequence of an interval of more than one year having elapsed between the date of decree and the application for execution, if the application be made within one year from the date of the last order obtained on any previous application for execution; and provided further that no such notice shall be necessary in consequence of the application being against such representative, if upon a previous application for execution against the sate person, the Court shall have ordered execution to issue against him.

Order thereon.

R. gistrar to

issue proper

2.--When such notice is issued, if the party shall not appear, or shall not show sufficient cuse to the satisfaction of the Court why the decree should not be for hwith executed, the Court shall order it to be executed accordingly. If the party shall appear and shall offer any objection to the enforcement of the decree, the Court shall make such order as in the circumstances of the case may seem to be just and proper.

Issue of the Writ of Execution.

LXXIV. Upon the application of the decree-holder the Registrar Writ of Execu shall, subject to the provisions of the last two preceding sections, issue

the proper writ for the execution of the decree.

tion.

Obstruction f Execution of Decree.

By Defendant,

Penalty for.

By any Person other than the Defendant asserting a Claim to possession,

Execution of Decrees for immoveable Property.

LXXV.—If in the execution of a decree for land or other immoveable property, the oflicer executing the same shall be resisted or obstructed by any person, the person in whose favour such decree was made may apply to the Court at any time wit in one month from the time of such resistance or obstruction. The Court shall fix a day for investigating the complaint, and shall summon the party against whom the complaint is made to answer the same.

2.-If it shall appear to the satisfaction of the Court that the obstruc- tion or resistance was occasioned by the defendant, or by some person at his instigation, on the ground that the land or other immoveable property is not included in the decree, or on any other ground, the Court shall enquire into the matter of the complaint, and make such order as may be proper under the circumstances of the case.

3. If the Court shall be satisfied, after such investigation of the facts of the case as it may deem proper, that the resistance or obstruction com- plained of was without any just cause, and that the complainant is still resisted or obstructed in obtaining effectual possession of the property adjudged to him by the decree, by the defendant or some person at his instigation, the Court may, at the instance of the plaintiff, and without prejudice to any proceedings to which such defendant or other person may be liable for such resistance or obstruction, commit the defendant or such other person to prison for such period not exceeding thirty days as may be necessary to prevent the continuance of such obstruction or resistance.

4.-If it shall appear to the satisfaction of the Court that the resist- ance or obstruction to the execution of the decree has been occasioned by any person, other than the defendant, claiming bond fide to be in possession of the property on his own account or on account of some other person than the defendant, the claim shall be numbered and registered as a suit between the decree-holder as plaintiff and the claimant as defendant, and the Court shall, without prejudice to any proceedings to which the claimant

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