1923_CODE_OF_CIVIL_PROCEDURE — Page 89

1202

No. 3 of 1901.

Judgment for immovable

CODE OF CIVIL PROCEDURE.

(5) The court may, if it thinks fit, adjourn the hearing of the summons from time to time, and require from the judg- ment debtor such security for his appearance at the adjourned hearing as may seem proper, and, in default of his finding security, may, by warrant, commit him to prison, there to remain until the adjourned hearing, unless sooner discharged.

(6) The court may, on such investigation as aforesaid, make an interim order for the protection of any property applicable to the payment directed as it may think expedient.

Modes of enforcing judgment.

370. If the judgment is for immovable property, the party who has obtained the judgment shall be put in H. K. Code, possession of the property, if necessary, by the bailiff.

property.

s. 70 (1).

Judgment for

money.

H. K. Code, s. 70 (3).

Judgment

for money against rep- resentative

of deceased person.

s. 70 (5).

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 judg- ment may be enforced against a defendant.

372. If the judgment is against a party as the repre- sentative 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 H. K. Coda, 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 to the extent of the property not duly applied by him, in the same manner as if the judgment had been against him personally.

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

H. K. Code, is. 70 (2).

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 attaching his property and keeping the same under attach-