Directory_and_Chronicle_1900 — Page 404

Of negotiable Securities.

Transfer of Securities and Shares.

Obstructing Purchaser in obtaining Possession.

Obstruction by Claimanta

other than

Defendant.

Subsistence Allowance to Prisoner for Debt.

Removal of Prisoner for Debt in Case of Illness,

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344

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 thereof.

12. If the indorsement, transfer, 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 rested, shall be required to transfer the same, the Registrar may indorse the security or the certificate of the share, or may execute such other document as may be necessary for transferring the same.

for transferring 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 transfer of such security or share, the Court may, by order, appoint some person to receive any interest, or divi. dend due thereon, and to sign receipts for the same; and any indorsement made or document executed, or receipts signed as aforesaid, shall be as valid and effectual for all purposes as if the same had been made or executed or signed by the party himself.

13. If the purchaser of any immoveable property sold in execu- tion of a decree shall, notwithstanding the order of the Court, be resisted or obstructed in obtaining possession of the property, the provisions con- tained in Section LXXV., relating to resistance or obstruction to a party in whose favour a suit has been decreed in obtaining possession of the property 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 delivery 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 under any other title, or if in the delivery of posses- sion to the purchaser any such person claiming as aforesaid shall be dis- possessed, the Court, on the complaint of the purchaser, or of such person claiming as aforesaid, if made 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.

Of the Execution of Decrees by Imprisonment

LXXIX. When a defendant is committed 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 been 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 the 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 his term of imprisonment for debt, and his subsistence money shall be paid as if no such order had been made.