1988 Ed.]
The Rules of the Supreme Court
[CAP. 4
A 453
[Subsidiary]
No. 57
Writ of fieri facias against personal representative
(O.45 r. 12)
(Heading as in action)
ELIZABETH THE SECOND (as in No. 53).
To the bailiff greeting:
Whereas in the above named action it was on the 19........ adjudged (or day of ordered) that the defendant C.D. as executor (or administrator) of E.F. deceased do pay the plaintiff A.B. $.................. and $........ costs (or costs to be taxed which costs have been taxed and allowed at $................ as appears by the certificate of the taxing officer dated the day of 19........), the said sums and interest to be levied of the real and personal estate of the said E.F. at the time of his death in the hands of the defendant C.D. as his executor (or administrator) to be administered, if he had or should thereafter have so much thereof in his hands to be administered, (and if he had not, then the said costs to be levied of the goods, chattels and other property of the defendant C.D. authorized by law to be seized in execution):
We command you that of the real and personal estate of E.F. deceased, at the time of his death, which is in the hands of C.D. as his executor (or administrator) to be administered you cause to be made the sums of $............... and $................ for costs of execution and also interest on $............ per annum from the day of.... at the rate of $4 per cent 19........ until payment (together with bailiff's fees, cost of levying and all other legal incidental expenses) (and if the said C.D. has not so much thereof in his hands to be administered that you cause to be made of the goods, chattels and other property of C.D. authorized by law to be seized in execution the sum of $............. for costs) and that immediately after execution of this writ you pay A.B. in pursuance of the said judgment (or order) the amount levied in respect of the said sums and interest.
And we also command you (remainder as in No. 53).
Witness (as in No. 53).
This writ (as in No. 53).