1901_CODE_OF_CIVIL_PROCEDURE — Page 79

730

Appointment of manager

of immovable

property attached.

H. K. Code, s. 76 (12.)

Raising of judgment debt by mortgage, etc., of im-

movable property attached.

No. 3.]

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

409.-(1.) Where the property attached consists of immovable property, the Court may appoint a manager of such property, with power to collect the rents or other profits and receipts of such property, and to execute such deeds or other instruments in writing as may be necessary for the purpose, and to pay and apply such rents, profits, and receipts towards the payment of the amount of the judgment and costs.

(2.) In any case in which a manager is appointed under this section, such manager shall be bound to render from time to time due and proper accounts of his receipts and disbursements, as the Court may direct.

410.-(1.) Where the property attached consists of immovable property, if the judgment debtor satisfies the Court that there is reasonable ground to believe that the amount of the judgment may be raised by the mortgage of the property, or by letting it on lease, or by disposing by private sale of a portion of it or of any other property belonging to the judgment debtor, the Court may, on the application of the judgment debtor, postpone the sale of the property for such period as it may think fit, in order to enable the judgment debtor to raise the amount.

Withdrawal of attachment on satisfaction of judgment. Ib. s. 76 (14.)

Order for

(2.) If the judgment debtor is absent from the Colony, and it appears, to the satisfaction of the Court, that the sale of any of his property which has been attached, consisting of immovable property or any interest therein, is objectionable, and that satisfaction of the judgment may be made within a reasonable period by a temporary alienation of such property, the Court may, of its own motion, instead of proceeding to a sale of such property, order that provision be made for the satisfaction of the judgment by mortgage of such property, and may authorize the Registrar, if necessary, to execute the mortgage deed in lieu of the judgment debtor and any other necessary parties, and may make such orders in relation to such mortgage as may be requisite to carry out this provision; and the execution of such mortgage deed by the Registrar shall have the same effect as the execution thereof by the judgment debtor and any other necessary parties.

411. If in any case the amount of the judgment, with all costs, charges, and expenses incurred by the attachment, is paid into Court or if satisfaction of the judgment is otherwise made, the attachment shall be withdrawn; and such steps shall be taken as may be necessary for staying further proceedings in execution of the judgment.

Execution of Judgment for Money by Attachment of Debts.

412.-(1.) The Court may, on the ex parte application of any person who has obtained a judgment for money, either before or after any oral examination of the judgment debtor, order that all debts due

attachment