Directory_and_Chronicle_1892 — Page 375

Obstructing Purchaser in obtaining Possession.

Obstruction by

Claimante

other than

Defendant.

Subsistence

Allowance to Prisoner for Debt.

Removal of Prisoner for Debt in Case of Illness.

Release of Prisoner for

Debt.

Term of Im-

prisonment for

Subsistence Money to be added to

amount of Decree.

316

CODE OF CIVIL PROCEDURE-HONGKONG

"A. B. by C. D., Registrar of the Supreme Court of Hongkong; in a suit by E. F. versus A. B." Until the transfer of such security or share, the Court may, by order, appoint some person to receive any interest, or divi- dend due thereon, and to sign receipts for the same; and any indorsement made or document executed, or recipts signed as aforesaid, shall be as valid and effectual for all purposes as if the same had been made or executed or signed by the party himse f.

1. If the purchaser of any immoveable property sold in execu tion of a decree shall, notwithstanding the order of the Court, be resisted or obstructed in obtaining possession of the property, the provisions con- tained in Section LXXV., relating to r sistance or obstruction to a party in whose favour a suit has been d creed in obtaining possession of the property adjudged to him, shall be applicable in the case of such resistance or obstruction.

14.-1f it shall appear that the resistance or obstruction to the delivery of possession was occasioned by any person other than the defendant claiming a right to the possession of the property sold as proprieto:, mortgagee, lessee, or un er any other title, or if in the delivery of posses- sion to the purchaser any such person claiming as aforesaid shall be dis- posses ed, the Court, on the complaint of the purchaser, or of such person claiming as aforesaid, if made within one month from the date of such resistance or obstruction, or of such dispossession, as the case may be, shall enquire into the matter of the complaint, and make such order as may be proper in the circumstances of the case. The party against whom it is given s: all be at liberty to bring a suit to establish his right at any time within one year from the date thereof.

Of the Execution of Decrees by Imprisonment.

LXXIX. When a defendant is committ d to prison in execution of a decree, the Court shall fix whatever monthly allowance it shall think sufficient for his subsistence, not exceeding twenty-five cents per day, which shall be paid by the party at whose instance the decree may have been executed, to the superintendent of the gaol, by monthly payment in advance, before the first day of each month, the first payment to be made for such portion of the current month as may remain unexpired before the defendant is committed to prison.

2. In the case of the serious illness of any defendant imprisoned under a decree for debt, it shall be lawful for the Court, on the certificate of the Colonial Surgeon, to make au order for the removal of the defendant to the Government Civil Hospital, and his treatment there under custody until further order, and the period of the defendant's stay in hospital shall be counted as part ofis term of imprisonment for debt, and his subsistence money shall be paid as if no such order had been made.

3. A defendant shall be released at any time on the decree being fully satisfied, or at the request of the person at whose instance he may have been imprisoned, or on such person omitting to pay the allowance above directed. No person shall be imprisoned on account of a decree for a longer period than one year, or for a longer period than six months if the decree be for the payment of money not exceeding five hundred dollars, or for a longer period than three months if the decree be for the payment of money not exceeding one hundred dollars.

4-Sums. disbursed by a plaintiff for the subsistence of a defendant in gaol shall be added to the costs of decree, and shall be recoverable by the attachment and sale of the property of the defendant; but the defendant shall not be detained in custody or arrested on account of any sums so isbursed.