1901_CODE_OF_CIVIL_PROCEDURE — Page 71

722

No. 8.]

Judgment for money. H. K. Code, 8. 70 (3.)

Judgment

for money against re- presentative of deceased.

person.

Ib. s. 70 (5.)

Judgment for specific movable or for specific performance of contract or act.

Ib. s. 70 (2.)

Judgment

for execution

of deed or in- dorsement of negotiable instrument. Ib. s. 70 (4.)

Case of surety for performance of judgment.

Ib. s. 70 (6.)

Order for or against person not

THE ORDINANCES OF HONGKONG: [A.D. 1901.

371. If the judgment is for money, it may be enforced by the imprisonment of the party against whom it has been given, or by the attachment and sale of his property, or by both imprisonment and attachment and sale, if necessary; and if such party is other than a defendant, the judgment may be enforced against him in the same manner as a judgment may be enforced against a defendant.

372. If the judgment is against a party as the representative of a deceased person, and such judgment is for money to be paid out of the property of the deceased person, it may be executed by the attachment and sale of any such property, or, if no such property can be found and the defendant fails to satisfy the Court that he has duly applied such property of the deceased person as may be proved to have come into his possession, the judgment may be executed against the defendant the extent of the property not duly applied by him, in the same manner as if the judgment had been against him personally.

بابایی

373. If the judgment is for any specific movable or for the specific performance of any contract or other particular act, it may be enforced by the seizure, if practicable, of the specific movable and the delivery thereof to the party to whom it has been adjudged, or by imprisonment of the party against whom the judgment has been given, or by attach ing his property and keeping the same under attachment until the further order of the Court, or by both imprisonment and attachment, if necessary; or, if alternative damages have been awarded, by levying such damages in the mode provided for the execution of a judgment for money.

374. If the judgment is for the execution of a deed or for the indorsement of a negotiable instrument, and the party ordered to execute or indorse such deed or instrument refuses or neglects to do so, any party interested in having the same executed or indorsed may prepare a deed or indorsement of the instrument in accordance with the terms of the judgment and tender the same to the Court for execution upon the proper stamp, if any, required by law, and the execution or indorsement thereof by the Registrar shall have the same effect as the execution or indorsement thereof by the party ordered to execute or indorse.

375. Where a person has become liable as surety for the performance of a judgment or of any part thereof, the judgment may be executed against him to the extent to which he has rendered himself liable, in the same manner as a judgment may be enforced against a judgment debtor.

376. Any person, not being a party to a cause or matter, who obtains any order or in whose favour any order is made shall be entitled to