Setting aside
Sale for Irre.
gularity.
When Sale be-
336
CODE OF CIVIL PROCEDURE-HONGKONG
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.
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3. If no such application as is mentioned in the last preceding para- comes absolute. graph be made, the sale shall be cemed 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 asi le the sale for irregularity.
Return of Deposit or Purchase Money.
Transfer to Purchaser by Certificate- Stamp Duty Registration.
Delivery of moveable Property in
Posse sion of
Defendant.
To which Defendant
to Lien.
4.—Whene era sale of immoveable property is set aside, the pur- chaser shall be entitled to receive back any money dep sited or paid by him on account of such sale with or without interest, to be paid by such parties and in such manner as it may appear proper to the Court to direct in e..ch instance.
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-After a sale of immoveable property shall ha e become abso ute iz manner aforesaid, the Court shall grant a certificate to the person who may va e ben declar d the purchaser at such sale, to the effect that he has purchased the right, title, and interest of the defendant in the property sold, and such certificate shall be liable to the same stamp duty as an assignment of he same property, an when duly stamped as a oresaid, s' all be taken an Iemed to be a valid transfer of such right, title, and interest, and may be registered in the Land Office under Ordinance No. 3 of 1884.
6.—Where the property sold shall consist of goods, chattels, or other mo cable property in the possession of the defendant, or to the immediate possession of which the defendaut is entitled, and of which actual seizure has been made, the property shall be deli ered to the purchaser.
7.- Where the property sold shall consist of goods, c attels, or other entitled subject moveable property to which the defendant is entitled, subject to a lien or right of any person to the immediate possession thereof, the delivery to the purchaser hall, as far as practicable, be made by the bailiff giving notice to the person in possession prohibiting him from deli ering posses- sion of the property to any pers n except the purchaser thereof.
Of immoveable Property in the
Defendant.
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8. If the property sold shall consist of a house, lan, or other im. Occupancy of a moveable property, in the occupancy of a defendant or some person on hisehalf, or of some person claiming under a title created by the defen- dant subsequent to the attacment of such propert, the Court shall, on the application of the purchaser, order delivery thereof to be made by putting the party to whom the house, land, or other imoveable property may have been sold, or any person whom he may appoint to receive deli- ve on his behalf, in possession tereo, and if need be, by removing any person who may refuse to vacate the same.
In lawful Occupancy of other Persons.
Of Debts and Bhares in Public Com. panies.
9-If the property sold s all consist of a house, land, or other im- moveable property in the occupancy of other persons entitled to occu y the same, the Court shall, on the a plicat ou of the p rchaser, order deli ery thereof to be made by affixing a copy of the certificate of sale in some cous icuous place on the house, land, or other immoveable property, or in the Supreme Court building.
19.—Where the property sold shall consist of debts not being nego- tiable instruments,r of shares in any public company or corporation, te Court shall, or. t e application of the purchaser, make an order pro- hibiting the creditor from recei ing the debts and the debtor from making payment thereof to any person or persons except the purchaser, or pro- hibiting the person in whose name the shares may be standing from making any transfer of the shares to any person except the purchaser,
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