Must be made
-Form of.
310
CODE OF CIVIL PROCEDURE-HONGKONG
Application for Execution in ordinary Cases.
LXXII.-When any party in whose favour a decree has been made
to the Registrar is desirous of enforcing the same, he shall apply to the Registrar for execution. Suc application must be in writing, and shall specify the number of the suit or proceeding and the names of the parties.
Cross-decrees.
Court may stay Execution in certain Cases of previous Decree.
Decree against legal Repre- sentative.
Mode of Erecu - tion.
Beoord of Application for Execution.
Registrar may apply to Court for Direction.
Execution to issue in order
2.-If there be cross-decrees between the same parties for the payment of money, execution shall be taken out by that party only who shall have obtained a decree for the larger sum and for so much only as shall remain after deducting the smaller sum, and satisfaction for the smaller sum shall be entered on the decree for the larger suni as well as satisfaction on the decree for the smaller sum, and if both sums shall be equal, satisfaction shall be entered upon both decrees.
3. Whenever a suit shall be pending in the Court against the holder of a previons decre of the Court, by the person against whom the decree was made, the Court may, if it appear just and reasonable to do so, stay execution of the decree either absolutely or oa such terms as it may think just, until a decree shall be made in the pending suit
4.-If any person against whom a decree has been made shall die before execution has been fully had thereon, application for exection thereof may be made against the legal representative, or the estate of the person so dying as aforesaid; and if the Court shall think proper to grant such application, the decree may be executed accordingly.
5.If the decree be ordered to be executed against the legal repre- sentative, it shall be executed in the manner provided in Section LXX., Par. 5, for the execution of a dice for money to be paid out of the property of a decease person.
6. The Registrar on receiving any application for execution of a decree, containing the particulars above-mentioned, shall make a note of the application, and the date on which it was made.
7.-The Registrar may, at any time, take the direction of the Court as to any application for execution, and in the meanwhile refuse to issue the writ.
8.-All writs of execution shall be issued in the order of application of Application. for the same, unless the Court shall otherwise direct.
Application for
Interval of One
Representative
Measures in certain Cases preliminary to the Issue of Execution.
LXXIII.—If an interval of more than one year shall have elapsed Execution after between the date of the decree and the application for its execution, or if Year, or against the enforcement of the decree be applied for against the representative of of original Party, in original party to the suit, the Court shall issue a notice to the party against whom execation may be applied for requiring him to show cause, within a limited priod to be fixed by the Court, way the decree should not be executed against him: Provided that no such notice shall te neces- sary in consequence of an interval of more than one year having elapsed between the date of decree and the application for execution, if the application be made within one year from the date of the last order obtained on any previous application for execution; and provided further that no such notice shall be necessary in consequence of the application being against such representative, if upon previous application for execution against the same prson, the Court hall have ord red execution to issue against him.
Order thereon.
2. When such notice is issued, if the party shall n appear, or shall not show sufficien cans to the satisfaction of the Court why the decree should not be forthwith executed, the Court shall order it to be executed accordingly. If the party shall appear and sual offer any objection to the enforcement of the decree, the Court shall make such order as in the circumstances of the case may seem to le just and proper.