Directory_and_Chronicle_1903 — Page 332

IN CHINA AND JAPAN

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that extent be protected from seizure), and may also seize any money, bank notes, cheques, bills of exchange, promissory notes, bonds, or secur- ities for money belonging to him.

and other

122. The Court shall hold any cheques, bills of exchange, promissory How bills, notes, notes, bonds, or securities for money so seized, as security for the amount orities to directed to be levied by the execution, or so much thereof as is not other- be dealt with, wise levied, for the benefit of the person prosecuting the decree or order, who may sue in the name of the person against whom execution issues, or in the name of any person in whose name be might have sued, for the recovery of the money secured or made payable thereby when the time of payment arrives.

123. The sale of goods seized in execution shall be conducted under Sale. the order of the Court, and by a person nominated by the Court, but no step shall be taken therein without the demand of the person prosecuting the decree or order, who shall be liable for any damage that ensues from any irregularity or from any improper or illegal proceeding taken at his instance.

seized.

124. The Court shall not order any goods to be sold unless satisfied Adverse claims prima facie that they belong to the person against whom execution to goods issued, and are in a place where the Court has the right to exercise juris- diction.

Where a claim is made by a third party to goods seized in execution, the same, if made by a British subject, shall be decided by the Court on summons, and in a summary way, as between the claimant and the person prosecuting the decree or order.

If the claim is made by a foreigner, the Court shall either oblige the person prosecuting the decree or order to establish his claim before selling the goods, or allow him to sell the goods and defend any claim, as appears just.

be made.

125. A sale of goods seized in execution shall not be made until after When sale to the end of five days at least next following the day of seizure, unless the goods are of a perishable nature, or on the request in writing of the per- son whose goods have been seized; and until sale the goods shall be deposited by the officer in some fit place, or they may remain in the cus tody of a fit person approved by the Court and put in possession by the Custody in officer.

meantime.

126. Every warrant of execution shall be returned by the officer, who Return of shall certify thereon how it has been executed.

warrant.

127. In or on every warrant of execution the Court shall cause to be Payment before inserted or indorsed the sum of money and costs adjudged, with the sums sale, allowed as increased costs for the execution of the warrant; and if the per- son against whose goods execution is issued before actual sale of the goods, pays, or causes to be paid into Court, or to the officer holding the warrant, the sum of money and costs adjudged, or such part thereof as the person entitled thereto agrees to accept in full satisfaction thereof, together with all fees, the execution shall be superseded, and the goods seized shall be discharged and set at liberty.

omission of

128. In case any officer of the Court, employed to levy any execution Neglect, con- by neglect, connivance, or omission loses the opportunity of levying the ivance, or same, then on complaint of the person aggrieved and on the fact alleged officers. being proved on oath to the satisfaction of the Court, the Court may order the officer to pay such damages as the person complaining appears to have sustained thereby, not exceeding in any case the sum of money for which the execution issued; and the officer shall be liable thereto; and on demand made thereof, and on his refusal to pay the same, payment thereof shall be enforced as any decree or order of the Court directing the payment of

money.

Digitized by

O