444 SUPPLEMENT TO THE HONGKONG GOVERNMENT GAZETTE, 27TH SEPT., 1878.
Claim or Ob- jection to be preferred at the earliest Oppor- tunity.
Registrar to have Conduct
of Sale.
Setting aside
gularity.
at the Time when the Property was attached, the Court shall disallow the Claim. The Party against whom the Order may be given shall be at liberty to bring a Suit to establish his. Right at any Time within One Year from the Date of the Order.
2. The Claim or Objection shall be made at the earliest Op- portunity to the Court; and if the Property to which the Claim
Objection applies, shall have been advertised for Sale, the Sole may (if it appears necessary) be postponed for the Purpose of making the Investigation mentioned in the last preceding Paragraph: Provided that no such Investigation shall be made if it appear that the making of the Claim or Objection was design- edly and unnecessarily delayed, with a View to obstruct the Ends of Justice, and in such Case, the Claimant shall be left to prosecute his Claim by a regular Suit,
Of Sales in Execution of Decrees.
LXXVIII. Sales in execution of Decrees shall be made under the Direction of the Registrar, and shall be conducted according to such Orders, if any, as the Court may make on the Application of any Parties concerned, and all such Sales shall be inade by public Auction: Provided that it shall be competent to the Court to authorize the Sale to be made in such other Manner as it may deem advisable.
2. At any Time within Ten Days from the Date of the Sale Sale for Irre of any immoveable Property, Application may be made to the Court to set aside the Sale on the Ground of any material Irre- gularity in the Conduct of the Sale, but no Sale shall be set aside on the Ground of such Irregularity unless the Applicant shall prove to the Satisfaction of the Court that he has sustained substantial Injury by reason of such Irregularity.
When Sale be- 3. If no such Application as is mentioned in the last preceding comes absolute. Paragraph be made, the Sale shall be deemed absolute. If such Application be made and the Objection be disallowed, the Court shall make an Order confirming the Sale; and in like Manner if the Objection be allowed, the Court shall make an Order set- ting aside the Sale for Irregularity.
Return of
Deposit or Purchase Money.
Transfer to
Certificate-
Stamp Duty-*** Registration.
4. Whenever a Sale of immoveable Property is set aside, the Purchaser shall be entitled to receive back any Money deposited or paid by him on Account of such Sale with or without Interest to be paid by such Parties and in such Manner as it may appear proper to the Court to direct in each Instance.
5. After a Sale of immoveable Property shall have become Purchaser by absolute in Manner aforesaid, the Court shall grant a Certificate to the Person who may have been declared the Purchaser at such Sale to the Effect that he has purchased the Right, Title, and Interest of the Defendant in the Property sold, and such Certificate shall be liable to the same Stamp Duty as an Assign- ment of the same Property, and when duly stamped as aforesaid, shall be taken and deemed to be a valid Transfer of such Right, Title, and Interest, and may be registered in the Land Office under Ordinance No. 3 of 1844.
Delivery of
6. Where the Property sold shall consist of Goods, Chattels, moveable Pre- or other moveable Property in the Possession of the Defendant, or to the immediate Possession of which the Defendant is entitled, and of which actual Seizure has been made, the Property shall be delivered to the Purchaser.
perty in Pos- session of De- fendant.
To which
Lien.
7. Where the Property sold shall consist of Goods, Chattels, Defendant en- or other moveable Property to which the Defendant is entitled titled subject to subject to a Lien or Right of any Person to the immediate Pos- session thereof, the Delivery to the Purchaser shall, as far as practicable, be made by the Sheriff giving Notice to the Person in Possession prohibiting him from delivering Possession of the Property to any Person except the Purchaser thereof.
Of immoveable
8. If the Property sold shall consist of a House, Land, or Property in the other immoveable Property, in the Occupancy of a Defendant, or Occupancy of a
some Person on his Behalf, or of some Person claiming under a Defendant.
Title created by the Defendant subsequently to the Attachment of such Property, the Court shall, on the Application of the Purchaser, order Delivery thereof to be made by putting the Party to whom the House, Land, or other immoveable Property may have been sold, or any Person whom he may appoint to receive Delivery on his Behalf, in Possession thereof, and, if need be, by removing any Person who may refuse to vacate the same. 9. If the Property sold shall consist of a House, Land, or other immoveable Property in the Occupancy of other Persons entitled to occupy the same, the Court shall on the Application of the Purchaser, order Delivery thereof to be made by affixing a Copy of the Certificate of Sale in some conspicuous Place on the House, Land, or other immoveable Property, or in the Supreme Court Building.
In lawful Oc- cupancy of others Persons.
Of Debts and Shares in Public Com- panics,
10. Where the Property sold shall consist of Debts not being negotiable Instruments, or of Shares in any Public Company or Corporation, the Court shall, on the Application of the Purchaser, make an Order prohibiting the Creditor from receiving the Debts
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