Obedience without demand made.
Execution against goods,
Instalments.
Power to stay, pending other suit.
Warrant of execution #gainst goods.
What may be seized,
How bills, notes, and other securities to be dealt with,
ale.
60
RULES OF SUPREME COURT
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.
116. A person directed by a decree or order to pay money, or do any other act, is bound to obey the deeree or order on being duly served with it, and without any demand for payment or per- formance.
117. Where the decree or order is one directing payment of money, and the person directed to make payment refuss 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 persou.
118. Where a decree or order directs payments of money by instalment, execution shall not issue until after default in payment of some instalment according to the order: an execution, or succ ssive executions, may then issue for the whole of the money and costs taen re naming 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.
119. The Court may, if under the circumstances of any case it think fit, on the application of a defendant, and on such terms as szem just, stay exeention of a decree or order pending a suit in the same or any other Court in which that defen lant is plaintiff, and the person who has obtained such decree or order is defendant.
Seizure and Sale of Goods.
120. The Court shall, unless it sees good reason to the con- trary, on the application of the persoa prosecuting the decree or order, issue under the seal of the Court a warrant of execution, directed to a proper Officer, 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 disobedient person, wheresoever found within the particular jurisdiction.
121. The Officer executing the warrant may by virtue thereof seize any of the goods of the person against whom execution issued (except the wearing apparel and be lding of himself or his family, and the tools and implements of his trade, to the value of 25 dollars, whic shall to that extent be protected from seizure), and may also seize any money, bank notes, cheques, bill of exchange, promissory notes, bonds, or securities for money belonging to him.
122. The Court shall hold any cheques, bills of exchange, promissory notes, bonds, or securities for money so seized, as securi y 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 agains' whom execution issues, or in the name of any per-on in whose name he might have sued, for the recovery of the mon y secured or male paya'le thereby when the time of payment
arr ves.
123. The sale of goods seized in execution shall be conducted under the order of the Court, and by a person nominated by the Court, but no step shall be taken therein without the demand of the person prosecuting the decree or order, who shall be liable for