Directory_and_Chronicle_1893 — Page 353

CODE OF CIVIL PROCEDURE-HONGKONG

Issue of the Writ of Execution.

311

LXXIV. Upon the application of the decree-holder the aegistrar Registrar to shall, subject to the provisions of the last two preceding sections, issue issue proper the proper writ for the execution of the decree.

Writ of Execu- tion.

Execution of Decrees for immoveable Property. LXXV.-If in the execution of a decree for land or other immoveable Obstruction of

Execution of property, the officer executing the same shall be resisted or obstructed by Executi Decree. any person, the person in whose favour such decree was made may apply to the Court at any time within 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· By Defendant, 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 Penalty for. 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.

Defendant

Claim to

4.—If it shall appear to the satisfaction of the Court that the resist- By any Person ance or obstruction to the execution of the decree has been occasioned by other than the any person, other than the defendant, claiming bona fide to be in possession asserting of the property on his own account or on account of some other person possession. 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 may be liable for such resistance or obstruction, proceed to investigate the claim in the same manner and with the like power as if a suit for the property had been instituted by the decree-holder against the claimant under the provisions of this Code, and shall make such order for staying execution of the decree, or executing the same, as it may deem proper in the circumstances of the case.

Decree-holder disputed.

5.-If any person other than the defendant shall be dispossessed of Where Right of any land or other immoveable property in execution of a decree, and such person shall dispute the right of the decree-holder to dispossess him of such property under the decree, on the ground that the property was bona fide in his posession on his own account, or on account of some other person than the defendant, and that it was not included in the decree, or if included in the decree, that he was not a party to the suit in which the decree was made, he may apply to the Court within one month from the date of such dispossession: and if, after examining the applicant, it shall appear to the Court that there is probable cause for making the applica- tion, the application shall be numbere l and registered as a suit between the applicant as plaintiff and the decree-holder as defendant, and the Court shall proceed to investigate the matter in dispute in the same manner and with the like powers as if a suit for the property had been instituted by the applicant against the decree-holder.