Directory_and_Chronicle_1899 — Page 387

CODE OF CIVIL PROCEDURE-HONG KONG

887

gularity.

2.-At any time within ten days from the date of the sale of any Setting aside immoveable property, application may be made to the Court to set aside Sale for Irre. 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 irregularity 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- When Sale be- graph be made, the sale shall be teemed absolute. If such application comes absolute. be made and the objection be isallowed, the Court shall make an order

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confirming the sale; and in like manner if the objection be allowed, the Court shall make an order setting aside the sale for irregularity.

Deposit or

4.- Whenever a sale of immoveable property is set aside, the pur- Return of chaser shall be entitled to receive back any money deposited or paid by purchase him on account of such sale with or without interest, to be paid by such Money. parties and in such manner as it may appear proper to the Court to direct in each instance.

Certificate-

Registration.

-After a sale of immoveable property shall have become absolute Transfer to in manner aforesaid, the Court shall grant a certificate to the person who Purchaser by may have been declared the purchaser at such sale, to the effect that he Stamp Duty has purchased tue right, title, and interest of the defendant in the property sold, and such certificate shall be liable to the same stamp duty ns an assignment of the same property, and when duly stamped as aforesaid, shall 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 Delivery of moveable property in the possession of the defendant, or to the immediate moveable possession of which the defendant is entitled, and of which actual seizure Possession of has been made, the property -hall be delivered to the purchaser.

Property in

Defendant.

Defendant

7. Where the property sold shall consist of goods, chattels, or other To which moveable property to which the defendant is entitled, subject to a lien or entitled subject right of any person to the immediate possession thereof, the delivery to to Lien. the purchaser shall, as far as prac.icable, be made by the bailiff giving notice to the person in possession prohibiting him from delivering posses- sion of the property to any person except the purchaser thereof.

Occupancy of a

8.-If the property sold shall consist of a house, lan 1, or other im- of immoveable moveacle property, in the occupancy of a de endant or some person on Property in the hisehalf, or of some person claitig under a tul› created by the deren Defendant. dant subsequentl, 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 im no cable property may ha e been sold, or any person whom à may appoint to reecise deli- ver on his behalf, in possession terco', and if need be, by removing any verson who may refuse to væente the same.

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other Persons.

9-If the property sold sal! consist of a house, land, or other in- In lawful moveable property in the ovenpancy of other persons entitled to oceny Occupancy of the same, the Court shall, on the a plication of the prchaser, order delivery thercol to be made by affixing a copy of the certificate of sale in some consticuous place on the house, land, or other immoveable property, or in the Supreme Court building.

Shares in

10.-Where the property sold shall consist of debts not being nego- Of Debts and tiable instruments, or of shares in any public company or corporation, Public Com- tue Court shall, or the application of the purchaser, make an order pro- panies. hibiting the creditor from receiving 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,