Directory_and_Chronicle_1889 — Page 970

Registrar to

have Conduct of Bale.

Betting aside Sale for Irre. gularity,

When Sale be- comes absolute.

Return of Deposit or Purchase Money.

Transfer to Purchaser by Certificate¬ Stamp Duty Registration.

Delivery of

movable Property in Possession of Defendant.

To which Defendant

entitled subjest to Lien.

Of immoveable Property in the

Defendant.

146

CODE OF CIVIL PROCEDURE-HONGKONG.

Of Sales in Execution of Decrees.

LXXVIII.-Sales in execution of decree shall be made under the direction of the Registrar, and shall be conducted according to such 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.

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 hə has sustained substantial injury by reason of such irregularity.

3.-If no such application as is mentioned in the last preceding para- 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.

4.---Whenever a sale of immoveable property is set aside, the pur- chaser 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 certificate to the person who may have been declared the purchaser at such sale, to the effect that he 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 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 1844.

6. Where the property sold shall consist of goods, chattels, or other moveable property in the possession of the defendant, or to the immediate possession of which the defendant is entitled, and of which actual seizure has been made, the property shall be delivered to the purchaser.

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

8.-If the property sold shall consist of a house, land, or other im- Occupancy of a moveable property, in the occupancy of a defendant or some person on his behalf, or of some person claiming under a title created by the defen- 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 vacate the same.

In lawful Occupancy of other Persona.

9.-If the property sold shall consist of a house, land, or other im- moveable property in the occupancy of other persons entitled to occupy 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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