Decree,
Decree for part of lands,
for delivery of chattels,
for damages for breach of contract,
for money--Interest,
Payment by instalments,
If set-off be allowed,
Mesne profits aud interest thereon, ・・・·
Inquiry as to amount of,
Certified copies of decree and judgment,,
REVIEW OF DECISION-REHEARING-NEW TRIAL,
Time for application, --
General powers of the Court,
Effect of notice of motion for,
Where application after time,
Jury may be demanded,,
Court may order Jury,
Discovery of new evidence,
Improper admission or rejection of evidence,
Procedure on review granted,
PART III.
EXECUTION.
CHAPTER XI.
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EXECUTION OF DECREES,
Deerce for moveable property, performance of other particular act, or alternative,
for money...
J
for execution of conveyances, or endorsement of negotiable instruments,
against representatives of deceased persous,
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against sureties,...
What property liable to attachment and sale in execution of a decree,
Payment of mummies under decrees, Soft,
IMMEDIATE EXECUTION,
Before taxation of costs,
Against person aud property,
APPLICATION POR EXECUTION,
By whom to be monde, it decree v transferred from original decree-holder to another
person,
Cross-decree,
If the person against whom a decree is inade shall die before execution, application may
be made against his legal representative or estate,
Beeren how to be executed against legal representative,
Form of application for execution of a decree,.
Further particulars when the application is for an attachioent of inmoveable property,
The application for an attachment of moveable property may be general or may be ac-
companied with an iventory of the property to be attached, Procedure on receiving the application for execution of decree, MEASURES REQUIRED IN CERTAIN
CASES PRELIMINARY TO THE ISSTE OF THE
WARRANT, ...
Procedure after issue of notice,
Application for a general attachment of moveable property,
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Paro- Section.
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Court may direct money or bank-notes to be paid to the plaintiff, or other attached pro-
perty to be sold and the proceeds to be paid to him, When the property attached consists of debts or bumoveable property, a manager may be appointed-Court may postpone sale of land if satisfied that amount of judgment may be raised by Mortgage, &c.-Manager to reuder accounts, Powers of Court where judgment debtor absent,
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Order for withdrawal of attachment after satisfaction of the decree, OF CLAIMS TO ATTACHED PRORERTY,
Claims and objections to be preferred at the earliest opportunity,.
OF SALES IN EXECUTION OF DECREES, ...
Notification of sales by public auction and time of sale,
The process for attachment and sale may, in certain cases, be issued simultaneously, Mode of payment on sale of moveable property,
Deposit by purchaser in case of sale of immoveable property,
Irregularity not to vitiate sale of moveable property, but any person injured may recover
damages by suit,
At what time full amount of purchase money to be made good---Procedure on default--De-
faulting purchaser anweralile for loss by re-sale, Notification on re-sale of immoveable property, Confirmation of sale,
The sale, if not objected to for irregularity, or if the objection is dissallowed, shall become
absolute, ..
If the sale be set aside, price to be returned to purchaser, Certificate to be granted to the purchasers of land, and may be registered in the Land
Office,
Delivery of moveable property in the possession of defendant,
of moveable property to which defendant is entitled subject to lien,
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of immoveable property in the occupancy of defendant, &c.,
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of immoveable property in the lawful occupancy of other persons,
of debts, not being negotiable instruments, and of shares in public companies,.
of negotiable securities of which actual seizure has been made,
Transfer of securities and shares,
Resisting or obstructing purchaser in obtaining possession of property, Obstruction by claimants other than defendants,
Attaching creditor to be first paid out of property attached,
Surplus to be rateably distributed among decree-holders who have taken out execution prior
to the order for distribution--Proviso where property is sold subject to a mortgage,
Court may, on application, order another decree-holder to be satisfied out of the proceeds of
property attached under a decrce obtained fraudulently,
OF ARREST IN EXECUTION OF DECHEES FOR MONEY-FORM OF APPLICATION--
VERIFICATION,
Frocedure on application--Defendant liable to be again arrested if proved guilty of
fraudulent concealment of porperty, &c.,
OF THE EXECUTION OF DECHBES BY IMPRISONMENT,
Court may vary the allowance in case of illness, or for other special cause, Traprisonment not be longer than two years; six months, if decree for money not exceeding |
$500, three months, if not exceeding $100.. Subsistence money to be added to amount of derces,
Application may be made for discharge on a surrender of the whole of the debtor's property, Procedure on such application-Defeudant to be discharged on plaintiff failing to prove fraud or concealment by defendant-If guilty of fraud or concealment, debtor's impris sonment may be extended to two years-And he may be further dealt with criminally, Though the defendant be discharged, his property is liable for the decree,
How questions regarding amount of profits and interest, and sulas paid in satisfaction
of decree, are to be determined,.
COMMITMENT FOR DISOBEDIENCE TO A DECREE OR ORDER,
Evidence,
Service of order and affidavit,
Proceedings thereon,
Return of order, enlargement of time, conditional order,
Duration of detention,
EE FERRER
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IV.
Foreign Attachment and when Special suits.
CHAPTER XIII
POREIGN ATTACHMENT.
When proceeding applicable.
Affidavit to be filed,
"Absence" from the Colony,
Bout to be entered into,
Form thereof,..
Priority of writs,
Property in custodiá legia,
How lands attached,
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Property in custody of Government,
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Registration of writ,
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Effect thereof,
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How moveable property attached,
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Sale by order of Court,
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Punishment of garnishees disposing of attached property without leave,
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Court may order Sheriff to detain property attached,...
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Notice of writ to be published in Gazette, &c.,
BY
Court may order service of notice of writ ou absent defendant,
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Proceedings after issue of writ,.....
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Before granting order, Court may make certain enquiries to the property to be attached, Rules applicable to the summoning and examination of parties and witnesses after
judgment,
ISSUE OF THE WARRANT,
Warrant when in issue,..
Endorsement of time and manner of execution,
OF THE EXECUTION OF DECREES POR IMMOVEABLE PROPERTY,
How it is to be delivered when in the lawful occupation of other persons,
Obstruction to execution of decree for immoveable property,.
by defendant,...
How defendant may be dealt with if he persists in obstructing the complainant,
Obstruction by a bond fide claimant other thru the defendant,
Procedure in certain cases, if person dispossessed of humoreable property dispute the
right of decree-holder to be put into possession of such property, Effect of decision auder two last paragraphs,
CHAPTER XIL
OF THE EXECUTION OF DECREES FOR MONEY BY ATTACHMENT OF PROPERTY,
Attachment of moveable property in posession of defendant by seizure,
by prohibitory order of moveable property to which defendant is entitled,
subject to a fien,
of immoveable property by prohibitory order,
of debts not being negotiable instruments, and of shares in public companies,
e., by prohibitory order,...
of money or securities in deposit in a Court of justice or with a Goverment
officer by notice,
af negotiable instruments by seizure,
When the attachment is by prohibitory orders, how the order is to be made known, Any private alienation of property after attachment to be void,
Payment by a dottor who has been prohibited from making payment to his creditor,.
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