1206
No. 3 of 1901.
H. K. Code, s. 72 (1).
Schedule. Form No. 28.
CODE OF CIVIL PROCEDURE.
(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.
Note of application for execution.
388. The Registrar, on receiving any application for execution containing the particulars hereinbefore mentioned, H. K. Code, shall make a note of the application and of the date on which it is made.
s. 72 (6).
Application for leave to issue execution in certain cases.
[s. 389, rep. No. 36 of 1911.]
Application for leave to issue execution.
390.--(1) In the following cases, namely,-
(a) where six years have elapsed since the judgment, or any change has taken place by death or otherwise in the parties entitled or liable to execution;
H.K. Code, s. 73.
O.42, r. 23. [cf. s. 100.]
(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.
(2) The court shall thereupon issue a notice to the person against whom execution is applied for, requiring him to show cause, within a limited period to be fixed by the court, why the judgment should not be executed against him: Provided that no such notice shall be necessary in consequence of an interval of more than six years having elapsed since the judgment, if the application is made within one year from the date of the last order obtained on any previous application for execution: Provided, also, that no such notice shall be necessary...