Payment into
under Decree.
1332
CODE OF CIVIL PROCEDURE-HONGKONG
public company or corporation, 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.
8.- All money payable under a decre- shall be paid into Court, Court of Money unless the Court shall otherwise direct. No adjustment of a decree, in 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 has been made, or to whom it has been trans- ferred.
By Order of Court before Taxation of Coats.
Must be made
-Form of.
Immediate Execution
LXXI.-The Court may, at the time of making the decree, on the verbal application of the party in whose favour the decree is made, order immediate execution thereof, except as to so much as relates to the 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
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. Such application must be in writing, and shall specity 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 Repro- sentative.
Mode of Execu- tion.
Record of
Application for Execution.
Registrar may apply to Court for Direction.
Execution to issue in order of Application.
Application for
Interval of One
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 suu shall be entered on the decree for the larger sum as well as suti-faeti a 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 previous decre of the Court, by the person against whom the decret was made, the Court may, if it appear just and reasonable to do so, stay execution of the decree either absolutely or on 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 execution thereof may be made against the legal representative, or the estate of the person so dying as aforesaid; and if the Court shall think prope- 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 decre for money to be paid out of the property of a deceased person.
6.-The Registrar on receiving any application for execution of s 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 for the same, unless the Court shall otherwise direct.
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, an original party to the suit, the Court shall issue a notice to the party against whom execution may be applied for requiring him to show cause
Representative