CO129-109 - Public Offices - 1865 — Page 116

ᏋᎢ .

money pay. ment;

or for other act.

Instalments.

How payment to be made.

Enforcement

of order by or against persons not parties to suit.

Obedience without

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person required to obey it, a memorandum in the words, or to the effect, following:-

"If you, the within-named A.B., neglect to obey this "decree [or order] by the time therein limited, you will "be liable to have a writ of execution issued against your "goods, under which they may be seised and sold, and "will also be liable to be summoned by the Court, and "to be examined as to your ability to make the payment "directed by this decree [or order], and to be imprisoned " in case of your not answering satisfactorily." 112. Where the decree or order is one directing some act to be done other than payment of money, there shall be indorsed on the of it served on the person required to obey it, a memo- randum in the words, or to the effect, following:-

copy

"If you, the within-named A.B., neglect to obey this "decree [or order] within the time therein limited, you "will be liable to be arrested under a warrant to be issued "by the Court, and will also be liable to have your pro-

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perty sequestered, for the purpose of compelling you to "obey this decree [or order]."

113. A decree or order may direct that money directed to be paid by any person be paid by such instalments as the Court thinks fit.

114. 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.

115. 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.

116. 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 demand made, being duly served with it, and without any demand for payment

or performance.

Execution

117. Where the decree or order is one directing payment of against goods, 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 dis- obedient person,

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118. Where a deerce or order directs payment of money by Instalments. instalments, execution shall not issue until after default in pay- ment 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.

suit.

119. The Court may, if under the circumstances of any case it Power to stay, thinks fit, on the application of a defendant, and on such terms as pending other 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.

Seisure and Sale of Goods.

120. The Court shall, unless it sees good reason to the con- Warrant of trary, on the application of the person prosecuting the decree execution

or order, issue under the seal of the Court a warrant of execu- against goods. tion, directed to a proper officer, who shall be thereby em- powered 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 what may be seise any of the goods of the person against whom execution seised. issues (except the wearing apparel and bedding of himself or his family, and the tools and implements of his trade, to the value of 25 dollars, which shall to that extent be protected from seisure), and may also seise any money, bank notes, cheques, bills of exchange, promissory notes, bonds, or securities for money belonging to him.

dealt with.

122. The Court shall hold any cheques, bills of exchange, pro- How bills, missory notes, bonds, or securities for money so seised as security notes, and other for the amount directed to be levied by the execution, or so securities to be 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.

123. The sale of goods seised in execution shall be conducted Sale. under the order of the Court, and by a person nominated by the Court, but no steps shall be taken therein without the demand

of the person prosecuting the decree or order, who shall be liable for any damage that ensues from any irregularity or from any improper or illegal proceeding taken at his instance.

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