Directory_and_Chronicle_1898 — Page 387

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CODE OF CIVIL PROCEDURE—HONGKONG

Examination of 4.—Whether the person summoned appears or not, the person pro- other Witnessesecuting the decree, and all other witnesses whom the Court thinks requisite, may be examined on oath or otherwise respecting the matters aforesaid.

Adjournment of hearing and Proceedings

hereon.

5.--The Court may, if it thinks fit, adjourn the hearing of the sum- mons from time to time, and require from the person summone t such security for his appearance at the adjourned hearing as seems fit, and in default of his finding security, may, by warrant, commit him to prison, there to remain until the adjourned hearing, unless sooner discharg d.

6.—The Court may, upon such investigation as aforesaid, make any for Protection interim order for the protection of any property applicable or available in

discharge of the decree, as it shall think expedient.

Interim Order

of Property.

Decree for

Possession of

mmovenble Property.

alde Property-

Contract or alternative.

Mode of Enforcing Decrees

LXX. If the decree be for lan or other immoveable property, the decree holder shall be put in possession thereof, if necessary, by the bailiff or other officer executing the decree.

Decroe for more. 2. If the decrec be for any specific moveable, or for the specific Performance of performance of any contract or other particular act, it shall be enforced by the seizure, if practicable, of the specific moveable and the delivery thereof to the party to whom it shall have been adjudged, or by imprison ment of the party against whom the decree is male, or by attaching his property and keeping the same under attachment until further order of the Court or by both imprisonment and attachment if necessary; or if alterna- tive damages be awarded, levying such damages in the mode provided for the execution of a decree for money.

Decree for Money,

For Execution

of Deeds, &c., or Indorsement of negotiable Instruments,

Against Repre- sentatives of deceased Persons.

Against Suretics

Property liable

and Sale in

3. If the decrce be for money, it shall be enforce by the imprison. ment of the party against whom the decree is made, or by the attachment and sale of his property, or by both, if reccssary; and if such ¡arly be other than a defendant, the decree may be enforced against him in the same manner as a decree may be enforced against a defendant.

4.--If the decree be for the execution of a deed, or for the indorse- ment of a negotiable instrument, and the party ordered to execute or indorse such deed or negotiable instrument shall neglect or refuse so to do, any party interested in having the same executed or indorsed may prepare a deed or indorsement of the instrument in accordance with the terms of the decree, and tender the same to the Court for execution upon the proper stamp (if any is required by law), and the signature thereof by the Registrar shall hase the same effect as the execution or indorsement thereof by the party or lered to execute.

5.-If the decree he against a party as the representative of a de- ceased person, and such decree be for money to be paid out of the property of the deceased person, it may be exeented by the attachment and sale of any such property, or, it no such property can be found and the defendant fail to satisfy the Court that be has duly applied such property of the decease as shall be proved to have come into his ossession, the «ecree may be executed against the defendant to the extent of the property not duly applied by him in the same manner as if the decrec had been against the defendant personally.

-

6. Whenever a person has become liable us security for the perfor mance of a decree, or of any part thereof, the decree may be executed against such person to the extent to which he has rendered himself liable in the same manuer as a decree may be enforced against a defendant.

7.—The following property is liable to attachment and sale in execu- to Attachment tion of a decree, namely, land, houses, goods, money, bank-notes, cheques, bills of exchange, promissory notes, government securities, bonds, or other securities for money, debts, shares in the capital or joint stock of any

Digitized by 100g

Execution of Decree.