Examination of
340
CODE OF CIVIL PROCEDURE-HONGKONG
4.-Whether the person summoned appears or not, the person pro- other Witnesses. secuting the decree, and all other witnesses whom the Court thinks requisite, may be examined on oath or otherwise respecting the matters aforesaid.
Adjournment of hearing and Proceedings thereon.
Interim Order for Protection of Property.
Decree for
Possession of
immorcable
Property.
Decree for move.
able Property—
Contract or alternative.
5. The Court may, if it thinks fit, adjourn the hearing of the sum- mons from time to time, and require from the person summoned such security for his appearance at the adjourned hearing as seems fit, and in default of his finding security, may, by warrant, commit him to prison, there to remain until the adjourned hearing, unless sooner discharged.
6. The Court may, upon such investigation as aforesaid, make any interim order for the protection of any property applicable or available in discharge of the decree, as it shall think expedient.
Mode of Enforcing Decrees
LXX. If the decree be for land or other immoveable property, the decree holder shall be put in possession thereof, if necessary, by the bailiff or other officer executing the decree.
2.-If the decree be for any specific moveable, or for the specific Performance of performance of any contract or other particular act, it shall be enforced by the seizure, if practicable, of the specific moveable and the delivery thereof to the party to whom it shall have been adjudged, or by imprison- ment of the party against whom the decree is made, or by attaching bis 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 provided for the execution of a decree for money.
Decree for Money.
For Execution
or Indorsement
of negotiable
Instruments.
3. If the decree be for money, it shall be enforced by the imprison- ment of the party against whom the decree is made, or by the attachment and sale of his property, or by both, if necessary; and if such party be other than a defendant, the decree may be enforced against him in the same manner as a decree may be enforced against a defendant.
4.-If the decree be for the execution of a deed, or for the indorse- of Deeds, &c., ment of a negotiable instrument, and the party ordered to execute or indorse such deed or negotiable instrument shall neglect or refuse so to do, any party interested in having the same executed or indorsed may prepare a deed or indorsement of the instrument in accordance with the terms of the decree, and tender the same to the Court for execution upon the proper stamp (if any is required by law), and the signature thereof by the Registrar shall have the same effect as the execution or indorsement thereof by the party ordered to execute.
Against Repre- sentatives of deceased Persons.
AgainstSureties.
Property liable
and Sale in
5. If the decree be against a party as the representative of a de- ceased person, and such decree be for money to be paid out of the property of the deceased person, it may be executed by the attachment and sale of any such property, or, if no such property can be found and the defendant fail to satisfy the Court that he has duly applied such property of the deceased as shall be proved to have come into his possession, the decree 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 against the defendant personally.
6.- Whenever a person has become liable as security for the perfor- mance of a decree, or of any part thereof, the decree inay be executed against such person to the extent to which he has rendered himself liable in the same manuer as a decree may be enforced against a
defendant.
7. The following property is liable to attachment and sale in execu- to Attachment tion of a decree, namely, land, houses, goods, money, bank-notes, cheques, bills of exchange, promissory notes, government securities, bonds, or other securities for money, debts, shares in the capital or joint stock of any
Execution of Decree.
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