Directory_and_Chronicle_1893 — Page 356

Investigation thereof by the Court.

Claim or Ob. jection to be

preferred at the earliest oppor-

tunity.

Registrar to have Conduct

Sale.

Setting aside Sale for Irre. gularity.

When Sale be- comes absolute.

Return of Deposit or Purchase Money.

314

CODE OF CIVIL PROCEDURE-HONGKONG

fica-

be notified in the same manner as herein before prescribed for the r 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.

LXXVII. In the event of any claim being preferred to, or objection offered against, the sale of lands or any other immoveab e or moreable property which may have been attached in execution of a decree or under any order for attachment made before judgment, as not liable to be so'd in execution of a decree against the defendant, the Court shall, subject to the proviso contained in the next succeeding section, proceed to investigate the same with the like powers as if the claimant had been originally made a defendant to the suit, and if it shall appear to the satisfa ion of the Court that the laud or other immoveable property was not in the possession of the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 himse fat 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 sha appear to the satisfaction of the Court that the land or other immo:eable or mo eab e property was in possession of the party against whom execution is so ght, 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 shal disallow the c aim. The party against whom the order may be given shall be at liberty to bring a suit to establish his rht at any time within one year from the date of the order. 2. The claim or ocjection shall be made at the earliest opportunity to the Court; and if the property to which the claim or objection applies shall have been advertised for sale, the sale may (if it appears necessary) be postponed for the purpose of making the investigation mentioned in the last preceding paragraph: Provided that no such investigation shall be made it 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 Decree.

LXXVIII.—Sales in execution of decree shall be made uuder 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 derm ad·isable.

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 irre. ularity unless the applicant shall prove to the satisfaction of the Court that he 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‹ isallowed, 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 immo eab e 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