Directory_and_Chronicle_1899 — Page 388

Of negotiable Securities.

Transfer of Securities and Shares.

Obstructing Purchaser in obtaining Possession.

Obstruction by

Claimants

other thaa

Defendant.

Subsistence Allowance to Prisoner for Debt.

Removal of Prisoner for Debt in Case of Illness.

338

CODE OF CIVIL PROCEDURE-HONGKONG

or receiving payment of any dividends thereon, and the manager, secretary, or other proper officer to the company or corporation from permitting any such transfer or making any such payment to any person except the purchaser.

11.-Where the property sold shall consist of negotiable securities of which actual seizure has been made, the same shall be delivered to the purchaser ther, of.

12. If the indorsement, tran-for, or conveyance of the party in whose name any negotiable security or any shares in a public company or corpora tion is standing, or in whom any mortgage or equity of redemption shall be vested, sha'l be required to transfer the same, the Registrar may indorse the security or the certificate of the share, or u ay execute such other document as may be necessary for tr..nsferring the same. The indorsement or execution shall be in the following form, or to the like effect:- A. B. by C D., Registrar of the Supreme Court of Hongkong; in a suit by E. F. versus A. B.” Until the trans.er of such security or share, the Court may, by order, appoint some person to receive any interest, or diri- dend due thereon, and to sign receipts for the same; an. any in orsement made or document executed, or rec ipts signed as atoresaid, shalt be as vali ¦ and effectual for all purposes as if the same had been made or executed or signed by the party himse f.

13.-If the purchaser o any immoveable property sold in execu tion of a decree shall, notwithstan ling the order of the Court be resisted or obstructed in obtaining poss ssion of the property, the provisions con- tained in Section LXXV., r. lating to r sistance or obstruction to a party in whose favour a suit has ben decreed in obtining possession of the proper y adjudged to him, shall be applicable in the case of such resistance or obstruction.

14.-If it shall appear that the resistance or obstruction to the delivers of possession was occasioned by any person other than the defendant claiming a right to the possession of the property sold as proprietor, mortgagee, lessee, or un er any other title, or if in th» o‹livery of posses- sion to the purchaser any such person claiming as aforesaid shall be dis- posses ed, the Court, on the complaint of the purchaser, or of such person claiming as aforesaid, if ma e within one month from the date of such resistance or obstruction, or of such dispossession, as the case may be, shall enquire into the matter of the complaint, and make such order as may be proper in the circumstances of the case. The party against whom it is given shall be at liberty to bring a suit to establish his right at any time within one year from the date thereof.

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Of the Execution of Decrees by Imprisonment

LXXIX. When a defen lant is committ d to prison in execution of a decree, the Court shall fix whatever monthly allowance it shall think sufficient for his subsistence, not exceeding twenty-five cents per day, which shall be paid by the party at whose instance the decree may have be-n executed, to the superintendent of the gaol, by monthly payment in advance, before the first day of each month, the first payment to be made for such portion of the current month as may remain unexpired before the defendant is committed to prison.

2. In ti e case of the serious illness of any defendant imprisoned under a decree for debt, it shall be lawful for the Court, on the certificate of the Colonial Surgeon, to make an order for the removal of the defendant to the Government Civil Hospital, and his treatment there under custody until further order, and the period of the defendant's stay in hospital shall be counted as part of is tern of imprisonment for debt, and his subsistence money shall be paid as if no such order had been made.