Directory_and_Chronicle_1894 — Page 350

CODE OF CIVIL PROCEDURE-HONGKONG

818

be made within a reasonable periol by a temporary alienation of such property, the Court may, of its own motion, instead of proceeding to a public sale of such property, order that provision be made for the satisfac- tion of the decree by mortgage thereof and may authorize the Registrar, if necessary, to execute the mortgage deed in lieu of the judgment debtor, or any other necessary parties, and may make such orders in relation to such mortgage as may be requisite to carry out this provision; and the execution of such mortgage dee by the Registrar shall have the same effect as the execution thereof by the judgment debtor, or other necessary parties.

tachment on

Decres,

14.-If the amount decreed with costs and all charges and expenses Order for With. which may be incurred by the attachment be paid into Court, or if satisfac- drawal of At- tion of the decree be otherwise ma e, an order shall be issu d for the Satisfaction of withdrawal of the attachment; and if the defendant s'all desire it, and shall deposit in Court a sum sufficient to cover the expense, the order shall be notified in the same manner as hereinbefore pres ribed for the notisica- tion of the attachment; and such steps shall be taken as may be necessary for staying further proceed ngs in execution of the decree.

Of Claims to Attached Properly.

4

Court.

LXXVII. In the e ent of any claim being preferred to, or objection Investigation offered against, the sale of lands or any other immoveab e or moveable thereof by the property which may have been attached in execution of a decrce or un er any order for att chment made before judgment, as not liable to be so d in exec tion of a decree against the def. ndant, 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in the next succeeding section, proceed to investigate the same with the like powers as if the claimant had been originally made a defendant to the suit, and if it shall appear to the satisfaction of the Court that the land or o her immo eable property was not in the possession of the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 ot er person, the Court shall make an order for releasing the said property from attachment. But if it shall appear to the satisfaction of the Court that the land or other immo eable or mo eab e property was in

po se-sion 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 ain. 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 orler.

jection to be

tunity.

2.-The clain 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 preferred at the shall have been advertised for sale, the sale may (if it appears necessary) earliest oppor- be postponed for t e purpose of making the in estigation mentioned in the last preceding paragraph: Pro ided that no such invatigation shall be made it it appear that the making of the claim or objection was designedly and unnecessarily delayed, with a view to ob truct 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.

have Conduct

LXXVIII.—Sales in execut on of decree shall be made under the Registrar to direction of the Registrar, and shall be co ductel 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: Pro ided that it shall be competent to the Court to authorize the sale to be made in such other manner as it may deem advisable.