202744-1933-Supplementary-Draft-Bills--Code-of-Civil-Procedure-Amendment-No-2--Probates-Amendment — Page 1

630

LEGISLATIVE COUNCIL.

Draft Bills.

No. S 225. -The following bills are published for general information:—

(C.S.O. 3591/33).

A BILL

[No. 14-22.5.33.-1.]

Short title.

New

section 427 A

added to

Ordinance

No. 3 of 1901.

Effect of Sales in

execution without notice of claim by

third party. 3 & 4 Geo. 5,

c. 34, s. 15.

Ordinance

No. 10 of 1931.

INTITULED

An Ordinance for the further amendment of the Code of

Civil Procedure.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Code of Civil Procedure Amendment (No. 2) Ordinance, 1933.

2. The following new section is added after section 427 in the Code of Civil Procedure :-

427A. Where any goods in the possession of an execution debtor at the time of seizure by the bailiff or other officer charged with the enforcement of a writ, warrant, or other process of execution, are sold by such bailiff or other officer, without any claim having been made to the same, the purchaser of the goods so sold shall acquire a good title to the goods so sold, and no person shall be entitled to recover against the bailiff or other officer, or anyone lawfully acting under the authority of either of them, except as provided by section 46 of the Bankruptcy Ordinance, 1931, for any sale of such goods or for paying over the proceeds thereof prior to the receipt of a claim to the said goods, unless it is proved that the person from whom recovery is sought had notice, or might by making reasonable inquiry have ascertained, that the goods were not the property of the execution debtor: Provided that nothing in this section contained shall affect the right of any claimant, who may prove that at the time of sale he had a title to any goods so seized and sold, to any other remedy to which he may be entitled against any person than such bailiff or other officer or purchaser as oforesaid.

Objects and Reasons.

This Ordinance adds a new section to the Code of Civi! Procedure on the lines of section 15 of the Bankruptcy and Deeds of Arrangement Act, 1913 (3 and 4 Geo. 5, c. 34) with the following modifications:--

(a) the expression "bailiff or other officer" has been substituted for "sheriff, high bailiff or other officer", as there are no sheriffs or high bailiffs in Hong Kong,