1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 109

CODE OF CIVIL PROCEDURE.

EDURE.

No. 3 of 1901.

803

any such person claiming as aforesaid is dispossessed, the court, on the complaint of the purchaser or of such person claiming as aforesaid, if made within one month from the date of such resistance or obstruction or of such dispossession, as the case may be, shall inquire into the matter of the complaint and make such order as may be proper in the circumstances of the case.

(3) The person against whom any such order is made shall be at liberty to bring an action to establish his right at any time within three months from the date of the order.

of movable

434. (1) Where the property sold consists of movable property in the possession of the judgment debtor, or to the immediate possession of which the judgment debtor is entitled, and of which actual seizure has been made, the property shall be delivered to the purchaser.

(2) Where the property sold consists of movable property to which the judgment debtor is entitled subject to a lien or right of any person to the immediate possession thereof, the delivery to the purchaser shall as far as practicable be made by the bailiff giving notice to the person in possession prohibiting him from delivering possession of the property to any person except the purchaser.

435. Where the property sold consists 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 judgment debtor from receiving the debts and his debtor from making payment thereof to any person except the purchaser, or prohibiting the person in whose name the shares are standing from making any transfer of the shares to any person except the purchaser, or receiving payment of any dividends thereon, and the manager, secretary or other proper officer of the company or corporation from permitting any such transfer or making any such payment to any person except the purchaser.

property

execution. H.K. Code, s. 78 (6), (7).

Prohibitory order in case shares sold in execution. s. 78 (10).

of debts and

H.K. Code,

436. Where the property sold consists of a negotiable instrument of which actual seizure has been made the same shall be delivered to the purchaser.

H.K. Code, s. 78 (11).

437.-(1) If the execution of a transfer by any person in whose name any share in a public company or corporation is standing is required, the execution of such transfer shall be made by the bailiff or other proper officer of the court.