Directory_and_Chronicle_1891 — Page 193

CODE OF CIVIL PROCEDURE-HONG KONG.

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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.

thereof by the

LXXVII.—In the event of any claim being preferred to, or objection Investigation offered against, the sale of lands or any other immoveable or moveable Court. property which may have been attached in execution of a decree or under any order for attachment made befo e judgment, as not liable to be sold in execution of a decree against the defendant, the Court shall, subject to the proviso cortained in the next succeeding section, proc ed to investigate the same with the like powers as if the claimant had been originally made a defendant to the suit, and if it shall appear to the satisfaction of the Court that the land or other immoveable property was not in the possession of the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 satis action of the Court that the land or other immoveable 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.

tunity.

2. The claim or objection shall be made at the earliest opportunity Claim or Ob- to the Court; and if the property to which the claim or objection applies jection to be

preferred at the shall have been advertised for sale, the sale may (if it appears necessary) earliest oppor. 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 left to prosecute his claim by a regular suit.

Of Sales in Execution of Decrees.

have

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.

2.-At any time within ten days from the date of the sale of any Setting aside immoveable property, application may be made to the Court to set aside Sale for Irre the sale on the ground of any material irregularity in the conduct of the Kularity. 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.

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comes absolute.

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

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

Purchase