698524-1873-Bills-Passed-Committee-Code-of-Civil-Procedure--c-- — Page 37

SUPPLEMENT TO THE HONGKONG GOVERNMENT GAZETTE, 27T SEPT., 1873. 443

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tached, or any

11. In all Cases of Attachment under this Chapter, it shall be Court may competent to the Court, at any Time during the Attach-order Money ment, to direct that any Part of the Property so attached or Proceeds as shall consist of Money or Bank Notes, or a sufficient Part of Property at- thereof, shall be paid over to the Party applying for Execution Part thereof to of the Decree, or that any Part of the Property so attached as he paid to the may not consist of Money or Bank Notes, so far as may be neces- Decree-holder. sary for the Satisfaction of the Decree, shall be sold, and that the Money which may be realized by such Sale, or a sufficient Part thereof, shall be paid to such Party.

12. When the Property attached shall consist of Debts due to Appointment of the Party who may be answerable for the Amount of the Decree, Manager. or of any Lands, Houses, or other immoveable Property, it shall be competent to the Court to appoint a Manager of the said Property, with Power to sue for the Debts, and to collect the Rents or other Receipts and Profits of the Land or other immove- able Property, and to execute such Deeds or Instruments in writing as may be necessary for the Purpose, and to pay and apply such Rents, Profits, or Receipts towards the Payment of the Amount of the Decree, and Costs; or when the Property attached shall consist of Land, if the Judgment Debtor can satisfy the Court that there is reasonable Ground to believe that the Amount of the Judgment may be raised by the Mortgage of Mortgage in

lien of Sale the Land, or by letting it on Lease, or by disposing by private Sale of a Portion of the Land, or of any other Property belonging of Judgment

on Application to the Judgment Debtor, it shall be competent to the Court, on hto?. the Application of the Judgment Debtor, to postpone the Sale for such Period as it may think proper, to enable the Judgment Debtor to raise the Amount. In any Case in which a Manager shall be appointed under this Section, such Manager shall be bound to render due and proper Accounts of his Receipts and Dishusements, from Time to Time, as the Court may direct.

13. If the Judgment Debtor shall be absent from Colony and In Absence of it shall appear to the Satisfaction of the Court that the public Judgment

Debtor, Court Sale of any of his Property which has been attached, consisting

Jaay order of Lands, Houses, or any Interest therein, is objectionable, and Mortgage in that Satisfaction of the Decree may be made within a reasonable lien of Sale, Period by a temporary Alienation of such Property, the Court may, of its own "Motion, instead of proceeding to a public Sale of such Property, order that Provisions be made for the Satisfac- tion of the Decree by Mortgage thereof, and may authorize the Registrar, if necessary, to execute the Mortgage Deed in licu of the Judgment Debtor, or any other necessary Parties, aud may make such Orders in relation to such Mortgage as may be requi- site to carry out this Provision; and the Execution of such Mort- gage Deed by the Registrar shall have the same Effect as the Execution thereof by the Judgment Debtor, or other necessary Parties.

tachment on Satfaction ca

14. If the Amount decreed with Costs and all Charges and Order for With- Expenses which may be incurred by the Attachment be paid into drawal of At- Court, or if Satisfaction of the Decree be otherwise made, an Order shall be issued for the Withdrawal of the Attachment; Decree. and if the Defendant shall desire it, and shall deposit in Court a sum sufficient to cover the expense, the Order shall be notified in the same Manner as hereinbefore prescribed for the Notifica- tion of the Attachment; and such Steps shall be taken as may be necessary for staying further Proceedings in execution of the

Decree.

Of Claims to Attached Property.

Court.

LXXVII. In the Event of any Claim being preferred to, or Investigation Objection offered against, the Sale of Lands or any other immo- thereof by the yeable or moveable Property which may have been attached in Execution of a Decree or under any Order for Attachment made before Judgment, as not liable to be sold in Execution of a Decree against the Defendant, the Court shall, subject to the Proviso contained in the next succeeding Section, proceed to in- vestigate the same with the like Powers as if the Claimant had been originally made a Defendant to the Suit, and if it shall appear to the Satisfaction of the Court that the land or other immoveable or moveable Property was not in the Possession of the Party against whom Execution is sought, or of some Persou in trust for him, or in the Occupancy of Persous paying Rent to him at the Time when the Property was attached, or that, being in the Possession of the Party himself at such Time, it was so in his Possession not on his own Account or as his own Property, but on Account of, or in Trust for some other Person, the Court shall make an Order for releasing the said Property from Attachment. But if it shall appear to the Satisfaction of the Court that the Land or other imiñoveable or moveable Pro- perty was in Possession of the Party against whom Execution is sought, as his own Property, ati not on Account of any other Person, or was in the Possession of some Person in Trust for him, or in the Occupancy of Persous paying Rent to lát