698524-1873-Bills-Passed-Committee-Code-of-Civil-Procedure--c-- — Page 33

SUPPLEMENT TO THE HONGKONG GOVERNMENT GAZETTE, 27TH SEPT., 1873. 439

PART III.

PROCEEDINGS TO ENFORCE THE DECREE.

EXECUTION.

CHAPTER XI.

Investigation as to Property of Judgment Debtor.

Debtor.

LXIX. Where a Decree directing Payment of Money remains Examination wholly or in part unsatisfied (whether a Writ of Execution has of Judgment issued or not,) the Person prosecuting the Decree may apply to the Court for a Summons, requiring the Person by whom Pay- ment is directed to be made to appear and be examined respect- ing his ability to make the Payment directed, and the Court shall unless it sees good reason to the contrary, issue such a Summons.

2. On the Appearance of the Person against whom the Sum- Discovery of mons is issued, he may be examined on Oath by or on behalf of Property, the Person prosecuting the Decree, and by the Court, respecting his Ability to pay the Money directed to be paid, and for the Discovery of Property applicable to such Payment, and as to the Disposal which he may have made of any Property.

3. He shall be bound to produce on Oath, or otherwise, all Production of Books, Papers, and Documents in his Possession or Power rélat- Books and Do- ing to Property applicable to such Payment.

cuments.

4. Whether the Person summoned appears or not, the Person Examination of prosecuting the Decree, and all other Witnesses whom the Court other Witnesses. thinks requisite, may be examined on Oath, or otherwise, respect- ing the Matters aforesaid.

5. The Court may, if it thinks fit, adjourn the Hearing of the Adjournment Summons from Time to Time, and require from the Person of Hearing and

thereon.

summoned such Security for his Appearance at the adjourned Proceedings Hearing as seems fit, and in default of his finding Security, may, by Warrant, commit him to Prison, there to remain atil the adjourned Hearing, unless sooner discharged.

6. The Court may, upon such Investigation as aforesaid, make Interim Order any interim Order for the Protection of any Property applicable for Protection or available in discharge of the Decree, as it shall think expe-t of Property.

dient.

Mode of enforcing Decrees.

LXX. If the Decree be for Land or other immoveable Pro- Decree for perty, the Decree Holder shall be put in Possession thereof, if Possession of necessary by the Sheriff or other Officer executing the Decree.

immoveable Property.

tract or alter-

2. If the Decree be for any specific Moveable, o for the specific Decres for Performance of any Contract or other particulur Act, it shall be en- moveable Fro- forced by the Seizure, if practicable, of the specific Moveable and perty-Per- the Delivery thereof to the Party to whom it shall have been ad- manec of Con- judged, or by Imprisonment of the Party against whom the Decrec native. is made, or by attaching his Property and keeping the same under Attachment until further Order of the Court, or by both Imprison- ment and Attachment, if necessary; or if alternative Damages be awarded, by levying such Damages in the Mode provided for the Execution of a Decree for Money.

3. If the Decree be for Money, it shall be enforced by the Im- Decree for prisonment of the Party against whom the Decree is made, or by Money. 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 Decrce may be enforced against a Defendant.

ment of nego-

4. If the Decree be for the Execution of a Deed, or for For Execution the Endorsement of a negotiable Instruirent, and the Party of Deeds, &c. ordered to execute or endorse sneh Deed or negotiable In- or Endorse- strument shall neglect or refuse so to do, any Party interested tiable Instru- in having the same executed or endorsed may prepare a Deed ments. or Endorsement of the Instrument in accordance with the Terms of the Decree, and tender the same to the Court for Execn- tion, 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 Endorsement thereof by the Party ordered

to execute.

5. If the Decree he against a Party as the Representative of a Against Repre- deceased Person, and such Decree be for Money to be paid out sentatives of of the Property of the deceased Person, it may be excuted by deceased the Attachment and Sale of any such Property, or, if no such Pro- perty can be found and the Defendant fail to satisfy the Court that he has duly applied such Property of the Deccased as shall

Persons.