Directory_and_Chronicle_1899 — Page 381

CODE OF CIVIL PROCEDURE-HONGKONG

831

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

aforesaid.

Proceedings

5.-The Court may, if it thinks fit, adjourn the hearing of the sum- Adjournment of mons from time to time, and require from the person summone such haring and security for his appearance at the adjourned hearing a seems tit, and in thereon. default of his finding security, may, by warrant, commit him to pri-on, there to remain until the adjourned hearing, unless sooner discharged.

for Protection

6. The Court may, upon such investigation as aforesaid, make any Interim Order interim order for the protection of any property applicable or available in Property. discharge of the decree, as it shall think expedient.

Mode of Enforcing Decrees

of

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

immoveable Property.

able_Property—

2.-If the decree be for any specific moveable, or for the specific Decree for move- performance of any contract or other particular act, it shall be enforc d Performance of by the seizure, if practicable, of the specific moveable and the del Contract or very alternative. thereof to the party to whom it shall have been adjudge', or by imprison- ment of the party against whom the decree is made, 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 provide t for the execution of a decree for money.

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3. If the decrce be for money, it shall be enforce by the imprison- Decree for ment of the party against whom the decree is made, or by the attachment Money. and sale of his property, or by both, if recessary; an it such ar y be other thau a defendant, the decree may be enforced against him the same manner as a decree may be enforced against a defendant.

Instruments.

4.--If the decree be for the execution of a deed, or for the indorse- For Execution of eed+. &c., ment of a negotiable instrument, and the party ordered to execute o or Indorsement indorse such deed or negotiable instrument shall neglect or refuse so of negotiable to do, any party interestei in ha ing the same execu'ed or indorsed may prepare a deed or indorsement of the nstrument in acror 'ance with the terms of the decree, and tender the same to the Court for execution upon the proper stamp (if any is require by law), and the signature there of by the Registrar shall have the same effect as the execution or indorsement thereof by the party ordered to execute.

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sentatives of

5.-If the ecree b against a party as the representative of a de- Against Repre- ceased person, and such decr e be for money to be paid out of the property decessed of the deceased per on, it may be executed by the a tach. nt and sale of Persons. any such property, or, i no such propert can b· found and the d-fen ant fail to satisfy the Court hate has duly applie such property of the decease as shall be pro e to ha e come into his ossessi 11, the eciee may be executed against the defendant to the extent of the property not duly applied by him in the same manner as if the decree had been »gainst the defendant personally.

6. Whene er a person has become liable as security for the perfor- Against Sureties. mance of a decree, or of any part thereof, the decree may be executed against such person to the extent to which he has rendere himself liable in the same manner as a decree may be enforced against a defendant.

and Sale in

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

Deeree.