CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1219
whom judgment is given; provided that the party obtaining the order shall, as soon thereafter as practicable, comply with the requirements of the following section: Provided further that if the party against whom the order has been made satisfies the Judge that he has sufficient means and intends to satisfy the judgment, the Judge may discharge the order for immediate execution.
Application for Execution in Ordinary Cases.
præcipe for writ of execution. H.K. Code, s. 72 (1). form 28. O.42 r. 12.
387. (1) Subject to the provisions of the last section, when any party who has obtained a judgment is desirous of enforcing the same, he shall file in the Court a præcipe for a writ of execution.
(2) The præcipe shall contain the title of the action, the reference to the record, the date of the judgment and of the order, if any, directing the execution to be issued, and the names of the parties against whom, or of the firm against whose property, the execution is to be issued; and shall be signed by or in the name of the solicitor of the party issuing it or by the party issuing it, if he does so in person.
388. The Registrar, on receiving any application for execution containing the particulars hereinbefore mentioned, shall make a note of the application and of the date on which it is made.
[s. 389, rep. No. 36 of 1911.]
Application for Leave to issue Execution.
390. (1) In the following cases, namely,--
(a) where 6 years have elapsed since the judgment, or any change has taken place by death or otherwise in the parties entitled or liable to execution;
(b) where a husband is entitled or liable to execution upon a judgment for or against his wife;
(c) where a party is entitled to execution upon a judgment of assets in futuro; and
(d) where a party is entitled to execution against any of the shareholders of a joint stock company upon a judgment recorded against a public officer or other person representing such company, the party alleging himself to be entitled to execution may apply to the Court for leave to issue execution accordingly.
* As amended by No. 50 of 1911.
Note of application for execution. H.K. Code, s. 72 (6). O.42 r. 23.