698524-1873-Bills-Passed-Committee-Code-of-Civil-Procedure--c-- — Page 35

SUPPLEMENT TO THE HONGKONG GOVERNMENT GAZETTE, 27TH SEPT., 1873. 441

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 necessary in consequence of an Interval of more than One Year having elapsed between the Date of the 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 no 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 Order thereon, 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 to Registrar shall, subject to the Provisions of the last two preced- issue proper ing Sections, issue the proper Writ for the Execution of the Writ of Execu-

Decree.

Execution of Decrees for immoveable Property.

tion.

LXXV. If in the Execution of a Decree for Land or other im- Obstruction to moveable Property, the Officer executing the same shall be resisted Execution of or obstructed by any Person, the Person in whose Favor such Decree. 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 Complaiut, 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 By Defendant. Obstruction or Resistance was occasioned by the Defendant or

by some Person at his 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 Macter 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 Penalty for. the Facts of the Case as it may deem proper, that the Resist- ance or Obstruction complained of was without any just Cause, and that the Complainant is still resisted or obstructed in obtain- ing 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 Pre- judice to any Proceedings to which such Defendant or other Person may be liable for such Resistance or Obs.ruction, com- mit the Defendant or such other Person to Prison for such Period not exceeding Thirty Days as may be necessary to pre- vent the Continuance of such Obstruction or Resistance.

4. If it shall appear to the Satisfaction of the Court that the By any Person Resistance or Obstruction to the Execution of the Decree has other than th

asserting u

been occasioned by any Person, other than the Defendant, claim- Defendant ing bonâ fide to be in possession of the Property on his own Claim to Account or on Account of some other Person than the Defendant, possession. the Claim shall be numbered and registered as a Suit between the Decrce-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 Obstruc- tion, proceed to investigate the Claim in the same Manner and with the like Power as if a Suit for the Property had been insti- tuted by the Decree-holder against the Claimant under the Provisions of this Code, and shall make such Order for staying Exeention of the Decree, or executing the same, as it may deem proper in the Circumstances of the Case.

5. If any Person other than the Defendant shall be dispos- Where Right sessed of any Land or other immoveable Property in Execution of Decree- of a Decree, and such Person shall dispute the Right of the older diss Decree-holder to dispossess him of such Property under the

puted. Decree on the Ground that the Property was boud fide in his Possession on his own Account, or on Account of some other Person than the Defendant, and that it was not included in the Decree, or if inchided in the Decree, that he was not a Party to the Suit in which the Deerce was made, he may apply to the Court within One Mouth from the Date of such Dispossession; and if, after examining the Applicaut, it shall appear to the Court that there is probable Cause for making the Application, the Application shall be numbered and registered as a Suit between the Applicant as Plaintiff, and the Decree holder as Defendant, and the Court shall proceed to investigate the Matter