The Hongkong Government Gazette.
e of them during whose lives execution may at present issue within a year and a day, without a scire s, and within six years from the recovery of the judgment, execution may issue without a revival of the
sment.
XIV. In cases where it shall become necessary to revive a judgment by reason either of lapse of time
Judgment to be
· of a change by death or otherwise of the parties entitled or liable to execution, the party alleging himself revived by suggestion. be entitled to execution may either sue out a Writ of Revivor in the form hereinafter mentioned, or apply the Court for leave to enter a suggestion upon the roll to the effect that it manifestly appears to the art that such party is entitled to have execution of the judgment and to issue execution thereupon, such e to be granted by the Court upon a rule to show cause, and which rule may be in the form to this vdinance annexed marked A.
XLVI.
execution on such application, in case it manifestly appears that the party making the same is entitled Application for sug-
the Court shall allow such suggestion as aforesaid to be entered in the form to this Ordinance gestion. exed marked B, and execution to issue thereupon, and shall order whether or not the costs of such ication shall be paid to the party making the same, and in case it does not manifestly so appear, the art shall discharge the rule with or without costs: Provided nevertheless, that in such last mentioned e. the party making such application shall be at liberty to proceed by Writ of Revivor or Action upon the gnient.
Writ of Revivor,
XLVII. The Writ of Revivor shall be directed to the party called upon to show cause why execution uld not be awarded, and shall bear teste on the day of its issuing; and after reciting the reason why such and proceedings there- it has become necessary, it shall call upon the party to whom it is directed to appear within eight days under. her service thereof in the Supreme Court, to shew cause why the party at whose instance such writ has wen issued should not have execution against the party to whom such writ is directed, and it shall give tice that, in default of appearance, the party issuing such writ may proceed to execution; and such writ be in the form C, to this Ordinance annexed, and may be served and otherwise proceeded upon, whether Term or Vacation, in the same manner as a Writ of Summons, and the pleadings and proceedings upon such writ and the rights of the parties respectively to costs shall be the same as in an ordinary action.
XLVIII. All writs of scire facias issued out of the Supreme Court against bail on a recognizance; rainst members of a joint stock company or other body, upon a judgment recorded against a public Scer or other person sued as representing such company or body, or against such company or body itself; by or against a husband to have execution of judgment for or against a wife; for restitution after reversal appeal; upon suggestion of further breaches after judgment for any penal sum, pursuant to the Statute sed in the Session of Parliament held in the Eighth and Ninth years of the Reign of His fate Majesty William the Third, entitled "An Act for the better preventing frivolous and vexatious suits ""shall tested, directed, and proceeded upon; in like manner as Writs of Revivor.
XLIX. Notice in writing to the Plaintiff, his attorney or agent, shall be sufficient appearance to a Writ Revivor.
Writs of Scire facias.
Notice.
Writ of Revivor
L. A Writ of Revivor to revive a judgment less than ten years old shall be allowed without any rule or ler; if more than ten years old, not without a rule of Court or Judge's order; nor if more than fifteen, how procured. hout a rule to show cause.
Judgment Debtors.
LI. It shall be lawful for any Creditor who has obtained a judgment in the Supreme Court, to apply to
Examination
: said Court for a rule or order that the judgment Debtor should be orally examined as to any and what judgment debtor as to
Is are owing to him, before the Registrar of the said Court, or such other person as the said Court shall debts due to him. point; and the said Court shall make such rule or order for the examination of such judgment Debtor, and
the production of any books or documents, and the Examination shall be conducted in the same manner,
e in the case of an oral examination of an opposite party before the Registrar under this Ordinance.
LII. It shall be lawful for the said Court, upon the ex-parte application of such judgment Creditor, Court may order er before or after such oral examination, and upon affidavit by himself or his Attorney stating that an attachment of debts. ment had been recovered, and that it is still unsatisfied, and to what amount, and that any other person debted to the Judgment Debtor, and is within the jurisdiction of the Court, to order that all debts ng or accruing from such third person (hereinafter called Garnishee) to the judgment debtor, shall be ched to answer the judgment debt; and by the same, on any subsequent order, it may be ordered that Garnishee shall appear before the Court or Registrar, as the Court shall appoint, to shew cause why he not pay the judgment Creditor the debt due from him to the judgment Debtor, or so much thereof as be sufficient to satisfy the judgment debt.
dd
Order for attach-
LIII. Service of an order that debts due or accruing to the Judgment Debtor shall be attached, on se thereof to the Garnishee, in such manner as the Court shall direct, shall bind such debts in his hands, ment to bind debts. LIV. If the Garnishee does not forthwith pay into Court the amount due from him to the judgment Proceedings to levy btor, or an amount equal to the judgment debt, and does not dispute the debt due or claimed to be due amoħnt due from
him to the judgment Debtor, or if he does not appear upon Summe, then this Court may order
garnishee to judgment cution to issue, and it may be sued forth accordingly, without any
debtor. unt due from such garnishee towards satisfaction of the judgment
mit or process, to levy the LV. If the Garnishee disputes bis liability, the Court, instead of making an order that execution shall
may order that the judgment Creditor shall be at liberty to proceed against the Garnishee by writ, judgment creditor to upon him to shew cause why there should not be execution against him for the alleged debt, or for sue garnishee. mount due to the judgment Debtor, if less than the judgment debt, and for cost of suit; and the eedings on such suit shall be the same, as nearly as may be, as upon a Writ of Revivor.
LVI. Payment made by or execution levied upon the Garnishee under any such proceeding as said shall
I be a valid discharge to him as against the judgment Debtor to the amount paid or levied, ed. Gogh such proceeding may be set aside or the judgment reversed.
Court may allow
Garnishee discharg-
Attachment book to
LVII. There shall be kept in the Registrar's office a Debt Attachment Book, and in such book entries be made of the attachment and proceedings thereon, with names, dates, and statements of the amount be kept by the Re- cred and otherwise; and copies of any entries made therein may be taken by any person, upon cation to the Registrar.
gistrar.
Costa of application.
LVIII. The costs of any application for an attachment of debt under this Ordinance, and of any ceedings arising from or incidental to such application, shall be in the discretion of the Court.
LIX. The Plaintiff in any action, (except Replevin and Ejectment) may endorse upon the writ and to be served, a notice that the Plaintiff intends to claim a writ of Mandanius, and the Plaintiff may formance of duties,
pon claim in the Declaration, either together with any other demand which may now be enforced in action, or separately, a writ of Mandamus commanding the defendant to fulfil any duty in the fulfilment ch the Plaintiff is personally interested.
Action for Manda- mus to enforce the per-
X. The declaration in such action shall set forth sufficient grounds upon which such claim is founded, Declaration in 20- all set forth that the Plaintiff is personally interested therein; and that he sustains or may sustain tion for Mandamus.