Directory_and_Chronicle_1891 — Page 194

Transfer to Parchaser by

·Certificate- Stamp Duty Begistration.

Delivery of

'moveable

Property in

Possession of

Defendant.

To which Defendant

entitled subject 'to Lien.

*Of immoveable

Occupancy of a 'Defendant.

144

CODE F CIVIL PROCEDURE-HONGKONG.

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 1884.

6.—Where the property sold shall consist of goods, chattels, or other moveable property in the possession of the defendaut, 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- Property in the 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 Persons.

Of Debts and Shares in Public Com- panies.

'Of negotiable Securities.

Transfer of

"Securities and

'Shares.

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, ou 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.

10.-Where the property sold shall consist of debts not being nego- tiable instruments, or of shares in any public company or corporation, the Court shall, on the application of the purchaser, make an order pro- hibiting the creditor from receiving the debts and the debtor from making payment thereof to any person or persons except the purchaser, or pro- hibiting the person in whose name the shares may be standing from making any transfer of the shares to any person except the purchaser, or receiving payment of any dividends thereon, and the manager, secretary, or other proper officer to the company or corporation from permitting any such transfer or making any such payment to any person except the purchaser.

11.Where the property sold shall consist of negotiable securities of which actual seizure has been made, the same shall be delivered to the purchaser thereof.

12.-If the indorsement, transfer, or conveyance of the party in whose name any negotiable security or any shares in a public company or corpora. tion is standing, or in whom any mortgage or equity of redemption shall be vested, shall be required to transfer the same, the Registrar may indorse the security or the certificate of the share, or may execute such other document as may be necessary for transferring the same. The indorsement or execution shall be in the following form, or to the like effect:-