Directory_and_Chronicle_1902 — Page 445

Order thereon.

Registrar to

issue proper

342

CODE OF CIVIL PROCEDURE-HONGKONG

within a limited period to be fixed by the Court, why the decree should not be executed against him: Provided that no such notice shall be neces- sary in consequence of an interval of more than one year having elapsed between the date of decree and the application for execution, if the application be made within one year from the date of the last order obtained on any previous application for execution; and provided further that on such notice shall be necessary in consequence of the application being against such representative, if upon a previous application for execution against the same person, the Court shall have ordered execution to issue against him.

2.—When such notice is issued, if the party shall not appear, or shall not show sufficient cause to the satisfaction of the Court why the decree should not be forthwith executed, the Court shall order it to be executed accordingly. If the party shall appear and shall offer any objection to the enforcement of the decree, the Court shall make such order as in the circumstances of the case may seem to be just and proper.

Issue of the Writ of Execution

LXXIV. Upon the application of the decree-holder the Registrar Writ of Execu shall, subject to the provisions of the last two preceding sections, issue

the proper writ for the execution of the decree.

tion.

Obstruction of Execution of Decree.

By Defendant.

Penalty for.

By any

Person other than the Defendant assertaing Claim to possession.

Execution of Decrees for immoveable Property

LXXV. If in the execution of a decree for land or other immoveable property, the officer executing the same shall be resisted or obstructed by any person, the person in whose favour such decree was made may apply to the Court at any time within one month from the time of such resistance or obstruction. The Court shall fix a day for investigating the complaint, and shall summon the party against whom the complaint is made to answer the same.

2.--If it shall appear to the satisfaction of the Court that the obstruc- tion or resistance was occasioned by the defendant, or by some person at bis instigation, on the ground that the land or other immoveable property is not included in the decree, or on any other ground, the Court shall enquire into the matter of the complaint, and make such order as may be proper under the circumstances of the case.

3.—If the Court shall be satisfied, after such investigation of the facts of the case as it may deem proper, that the resistance or obstruction com plained of was without any just cause, and that the complainant is still resisted or obstructed in obtaining effectual possession of the property adjudged to him by the decree, by the defendant or some person at his instigation, the Court may, at the instance of the plaintiff, and without prejudice to any proceedings to which such defendant or other person may be liable for such resistance or obstruction, commit the defendant or such other person to prison for such period not exceeding thirty days as may be necessary to prevent the continuance of such obstruction or resistance.

4. If it shall appear to the satisfaction of the Court that the resist- ance or obstruction to the execution of the decree has been occasioned by any person, other than the defendant, claiming bona fide to be in possession of the property on his own account or on account of some other person than the defendant, the claim shall be numbered and registered as a suit between the decree-holder as plaintiff and the claimant as defendant, and the Court shall, without prejudice to any proceedings to which the claimant may be liable for such resistance or obstruction, proceed to investigate the claim in the same manner and with the like power as if a suit for the property had been instituted by the decree-holder against the claimant under the provisions of this Code, and shall make such order for staying execution of the decree, or executing the same, as it

may deem

proper in the circumstances of the case.

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