܀
THE HONGKONG GOVERNMENT GAZETTE, 29TH MARCH, 1862.
99
Precept, upon receiving from such Plaintiff full and sufficient security against any
Use or Abuse of such Writ or Precept. improper
or
may be executed any-
Time of Levy.
XXII. All such Orders and Decrees shall be carried into execution in any District Orders and Decrees or Place whatsoever within the said Colony, or in any Place within the Jurisdiction of where within the Co- the Supreme Court, where the Defendant, his Goods, Chattels or Effects, may be found lony. be met with: Provided that all Executions and Processes against the Property of the Defendant shall be executed after Sunrise and before Sunset, and that any Officer or Person executing the same at any other Time shall be liable to a Fine of not exceed- ing Fifty Dollars, which shall be set by the Judge of the said Court and enforced by Distress and Sale of the Offender's Goods.
XXIII. For the purpose of preventing any Disputes as to the Mode of executing Mode of Execution. the said last mentioned Writ or Precept, the same shall be executed in the following Manner: that is to say, the Bailiff or Bailiffs in the first instance shall if practicable levy on the Goods, Chattels, and Effects of the Defendant, and in the event of such Bailiff or Bailiffs not being able to find sufficient Goods, Chattels or Effects, of the Defendant, and the Defendant failing to point out to his or their notice any Property whereon to levy, the said Bailiff or Bailiffs shall enforce the Order or Decree of the Court by the personal Arrest and Imprisonment of the Defendant as hereinafter is mentioned.
XXIV. If any Claim shall be made to or in respect of any Goods or Chattels taken in execution under the Process of the Court, or in respect of the proceeds or value thereof by any Landlord for Rent or by any Person not being the Party against whom such Process has issued, it shall be lawful for the Clerk of the Court, upon application of the Officer charged with the execution of such Process, as well before as after any action brought against such Officer, to issue a Summons calling before the said Court as well the Party issuing such Process as the Party making such Claim, and thereupon the Judge of the said Court shall adjudicate upon such Claim and make such Order between the Parties in respect thereof, and of the Costs of the Proceedings, as to him shall seem fit, and such Order shall be enforced in like manner as any Order made in any Action in the same Court.
Interpleader.
Imprisonment by Process of Court not to exceed Six Months.
XXV. Every Defendant who shall be arrested and taken in Execution under the Process of the said Court, shall be imprisoned for a space of Time not exceeding Six Calendar Months, unless, before the Expiration thereof, the Order or Decree of the said Court shall have been satisfied: Provided that in case any Defendant shall be discharged from Prison without having paid the Debt and Costs for which he had been imprisoned, it shall be lawful for the Complainant, at any Time within Three Years after such Order or Decree, to take out fresh Execution against any Estate or Effects which such Defen- after-acquired Effects. dant may have become possessed of or entitled to, until such Order or Decree shall be fully satisfied.
Liability of
to be paid by Execu-
XXVI. Whenever any Defendant shall be taken in Execution under any Process Expenses of Debtors' under this Ordinance, the Complainant at whose Suit he shall have been taken in maintenance in Prison Execution shall the
pay expenses of the necessary and
Maintenance of the De- ion Creditor. proper fendant in Prison not exceeding the Sum of Twenty-five Cents per diem, and the amount of such expenses shall be a Debt to the Crown, and shall be suable for and recoverable by the Governor of the Gaol for the time being.
Execution not to
XXVII. No Execution awarded against the Goods of any Party shall extend to or be construed to extend to deprive any Landlord of the Power vested in such Landlord prejudice Landlords, by an Act passed in the Eighth Year of the Reign of Her Majesty Queen Anne, intituled "An Act for the better Security of Rents and to prevent Frands committed by Tenants," of recovering One Year's Rent by virtue of and in pursuance of the said Act.
Instalments.
XXVIII. It shall be lawful for the said Judge of the Court of Summary Jurisdiction Court may order whenever it shall appear to him that the Levy of the full Amount of any Order or Money to be paid by Decree of the same Court at one Time may be attended with great Distress to the Defendant, and that such Distress may be avoided or lessened by enlarging the Time for satisfying such Order or Decree, to order and direct the Amount thereof, together with the Costs and Charges, to be paid by Instalments, at such stated Times, and in such proportional Amounts, as shall be expressed in such Order, and as shall be reasonable and just: Provided that, unless with the Consent of the Plaintiff, the Time for satisfy- ing any
such Order or Decree shall not exceed Three Months from the Time of making such Order as aforesaid: Provided also that if the Defendant shall fail to pay any such Instalment agreeably to such Order, in every such case the Plaintiff may proceed to Take out Execution for the Amount of such Order or Decree and the Costs and Charges
ખાસ
No comments yet.
Private notes are available after approval.