CODE OF CIVIL PROCEDURE-HONGKONG
331
public company or corpo
corpo ation, and all other property whatsoever, moveable or immoveable, belonging to the defendant, and whether the same be held in his own name or by another person in trust for him or on his behalf.
:
under Decree.
8.- All money payable under a decree shall be paid into Court, Payment into unless the Court shall otherwise direct. No adjustment of a decree, in Court of Money part or in whole, shall be recognised by the Court unless such adjustment be made through the Court, or be certified to the Court by the person in whose favour the decree bas been made, or to whom it has been trans- ferred.
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Immediate Execution
Taxation of
LXXI. The Court may, at the time of making the decree, on the By Order of verbal application of the party in whose favour the decree is made, order Court before immediate execution thereof, except as to so much as relates to the costs, Costs. and that the decree shall be executed as to costs as soon as the amount thereof shall be ascertained by taxation.
Application for Execution in ordinary Cases
--Form of.
LXXII.-When any party in whose favour a decree has been made Must be made is desirous of enforcing the same, he shall apply to the Registrar for to the Registrar execution. Such application must be in writing, and shall specity the number of the suit or proceeding and the names of the parties.
2.-If there be cross-decrees between the same parties for the payment Cross-decrces. 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 sun as well as satisfaction on the decree for the smaller sum, and if both sums shall be equal, sat sfaction shall be entered upon both decrees.
certain Cases
3. Whenever a snit shall be pending in the Court against the holder Court may stay of a previous decree of the Court, by the person against whom the decree Execution in was made, the Court may, if it appear just and reasonable to do so, stay of previous 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
Decree.
sentative.
4.-If any person against whom a decree has been made shall die Decree against before execution has been fully had thereon, application for exce.tion legal Repre 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- Mode of Execu sentative, it shall be executed in the manner provided in Section LXX., tion. Par. 5, for the execution of a dec eo for money to be paid out of the property of a deceased person.
6-The Registrar on receiving any application for execution of a Record of decree, containing the particulars above-mentioned, shall make a note of Application for the application, and the date on which it was made.
Execution.
7-The Registrar may, at any time, take the direction of the Court Registrar may as to any application for execution, and in the meanwhile refuse to issue apply to Court the rit.
for Direction,
8. All writs of execution shall be issued in the order of application Execution to for the same, unless the Court shall otherwise direct.
issue in order of Application.
Interval of One
Measures in certain Cases preliminary to the Issue of Execution
LXXIII. If an interval of more than one year shall have elapsed Application for between the date of the decree and the application for its execution, or if Execution after the enforcement of the decree be applied for against the representative of Year, or against an original party to the suit, the Court shall issue a notice to the party of original Party against whom execution may be applied for requiring him to show cause,
Representative
Digitized by
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