A.D. 1901.]

CODE OF CIVIL PROCEDURE.

0.42 r. 26.

[No. 3. enforce obedience to such order by the same process as if he were a party. party to such cause or matter; and. any person, not being a party to a cause or matter, against whom obedience to any judgment or order be enforced shall be liable to the same process for enforcing obedience to such judgment or order as if he were a party to such cause or matter.

may

General Rules relating to Execution.

and sale in

723

377. The following property is liable to attachment and sale in execution of a judgment, namely, land, houses, goods, money, bank notes, cheques, bills of exchange, promissory notes, government securities, bonds, or other securities for money, debts, shares in the capital or joint stock of any public company or corporation, and all other property whatsoever, whether movable or immovable, belonging to the judgment debtor, and whether the same is held in his own name or by another person in trust for him or on his behalf.

H. K. Code,

378. All moneys payable under a judgment on which a writ of execution has been issued shall be paid into Court, unless the Court otherwise directs.

Court. Ib. s. 70 (8.)

within which execution 0.12 r. 22. may issue.

Duration and renewal of writ.

379. As between the original parties to a judgment, execution may issue at any time within six years from the recovery of the judgment.

380. A writ of execution, if unexecuted, shall remain in force for one year only from its issue, unless renewed in the manner hereinafter provided; but such writ may, at any time before its expiration, by leave of the Court, be renewed by the party issuing it for one year from the date of such renewal, and so on from time to time during the continuance of the renewed writ, either by being marked by the Registrar with the Seal of the Court and with the date of the day, month, and year of such renewal or by such party giving a written notice of renewal to the Bailiff, signed by the party or his solicitor and marked in like manner; and a writ of execution so renewed shall have effect, and be entitled to priority, according to the time of the original issue thereof.

renewal of writ.

381. The production of a writ of execution or of the notice renewing the same, purporting to be marked as in the last preceding section mentioned, showing the same to have been renewed, shall be sufficient evidence of its having been so renewed.

382. Upon any judgment for the recovery or payment of a sum of money and costs, there may be, at the election of the party entitled thereto, either one writ or separate writs of execution for the recovery of the sum and for the recovery of the costs, but a second writ shall only be for costs.

Separate money recovered and for costs. Ib. r, 18.

Share This Page