Land
A decree or Order may direct that Money directed to be paid by any Person be paid by such instalment as the Court thinks fit.
All Money directed by any decree or Order to be paid by any Person shall be paid into Court in the suit or matter, unless the Court otherwise directs.
Every Person not being a party in any suit who obtains an Order, or in whose favour an Order is made, is entitled to enforce obedience thereto by the same process as if he were a party to the suit.
And every Person not being a party to any suit against whom obedience to any Order may be enforced is liable to the same process for enforcing obedience to such Order as if he were a party to the suit.
Execution of Decrees and Orders. A Person directed by a Decree or Order to pay money, or do any other act, is bound to obey the Decree or Order on being duly served with it, and without any demand for payment or performance.
Where the Decree or Order is one directing payment of money, and the Person directed to make payment refuses or neglects to do so according to the exigency of the Decree or Order, the Person prosecuting the Decree or Order shall be entitled to apply to the Court for execution against the goods of the disobedient Person.
Where a Decree or Order directs payment of money by instalments, execution shall not issue until after default in payment of some instalment according to the Order; and execution, or successive executions, may then issue for the whole of the money and costs then remaining unpaid, or for such portion thereof as the Court orders either at the time of making the original Decree or Order or at any subsequent time.
Stay of Execution.
The Court may, if under the circumstances of any Case it thinks fit, on the application of a Defendant, and on such Terms as seem just, stay Execution of a Decree or Order pending a Suit in the same or any other Court in which that Defendant is Plaintiff and the person who has obtained such Decree or Order is Defendant.
Seizure and Sale of Goods.
The Court shall, unless it sees good reason to the contrary on the Application of the Person prosecuting the decree or order, issue under the seal of the Court a warrant of execution, directed to the Sheriff or his Deputy who shall be thereby empowered to levy the money ordered to be paid (with the costs of execution) by distress and sale of the goods of the Person disobeying such Decree or Order, wheresoever found within the Jurisdiction.
The officer executing the warrant may by virtue thereof seize any of the goods of the Person against whom execution issues (except the wearing apparel and bedding of himself or his family, and the tools and implements of his trade, to the value of $95, which shall to that extent be protected from seizure), and may also seize any money, bank notes, cheques, Bills of exchange, Promissory notes, bonds, or securities for money belonging to him.
The Court shall hold any cheques, bills of exchange, promissory notes, bonds, or securities for money so seized as security for the amount directed to be levied by the execution, or so much thereof as is not otherwise levied, for the benefit of the Person Prosecuting the decree or order, who may sue in the name of the Person against whom execution issues, or in the name of any Person in whose name he might have sued, for the recovery of the money secured or made payable thereby when the time of payment arrives.
In or on every warrant of execution the Court shall cause to be inserted or indorsed the sum of money and costs adjudged, with the sums allowed as increased costs for the execution of the warrant; and if the Person against whose goods execution is issued before actual sale of the goods, pays or causes to be paid into Court, or to the officer holding the warrant, the sum of money and costs adjudged, or such part thereof as the Person entitled thereto agrees to accept in full satisfaction thereof, together with all fees, the execution shall be superseded and the goods seized shall be discharged and set at liberty.
14
347