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CHAPTER XI,
EXECUTION OF DECREES.
LXVII. If the decree be for land or other immoveable property, the same shall be delivered over to the party to whom it shall have been adjudged.
2. If the decree be for any specific moveable, or for the specific performance of any other particular act, it shall be enforced by the seizure, if practicable, of the specific moveable and the delivery thereof to the party to whom it shall have been adjudged, or by imprisonment of the party against whom the decree is made, or by attaching his property and keeping the same under attachment until further order of the Court, or by both imprisonment and attachment if necessary; or if alternative damages be awarded, by levying such damages in the mode hereinafter provided for the execution of a decree for money.
3. If the decree be for money, it shall be enforced by the imprisonment of the party against whom the decree is made, or by the attachment and sale of his property, or by both if necessary; and if such party be other than a defendant, the decree may be enforced against him in the same inanner as a decree may be enforced under the pro- visions of this Chapter against a defendant.
4. If the decree be for the execution of a conveyance or for the endorsement of a negotiable instrument, and the party ordered to execute or endorse such conveyance or negotiable instrument shall neglect or refuse so to do, any party interested in having the same executed or endorsed may prepare a conveyance or endorsement of the ins- trument in accordance with the terms of the decree, and tender the same to the Court, for execution upon the proper stamp (if any is required by law), and the signature thereof by the Registrar shall have the same effect as the execution or endorsement thereof by the party ordered to execute.
5. If the decree be against a party as the representative of a deceased person, and such decree be for money to be paid out of the property of the deceased person, it may be executed by the attachment and sale of any such property, or, if no such property can be found and the defendant fail to satisfy the Court that he has duly applied such property of the deceased as shall be proved to have come into his possession, the decree inay be executed against the defendant to the extent of the property not duly applied by him, in the same manner as if the decree had been against the defendant personally. 6. Whenever a person has become liable as security for the performance of a decree or of any part thereof, the decree may be executed against such person to the extent to which he has rendered himself liable, in the same manner as a decree may be enforced against a defendant.
7. The following property is liable to attachment and sale in execution of a decree, namely, lands, houses, goods, money, bank-notes, cheques, bills of exchange, pro- missory notes, Government securities, bonds, or other securities for money, debts, shares in the capital or joint-stock of any Public Company or Corporation, and all other property whatsoever, moveable or immoveable, belonging to the defendant, and whether the same be held in his own name or by another person in trust for him, or on his behalf. 8. All monies payable under a decree shall be paid into Court, unless the Court shall otherwise direct. No adjustment of a decrce in part or in whole shall be recognized by the Court unless such adjustment be made through the Court or be certified to the Court by the person in whose favor the decree has been made or to whom it has been transferred.
Immediate Execution.
I. C. 190-206.
LXVIII. Whenever it shall appear necessary to the Court that a decree should be 1.A. 20 of 1802, 1.8. enforced before the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the decree shall be executed forthwith, except as to so much thereof as relates to the costs, that the same may be exccuted as soon as the amount thereof shall be ascertained by taxation.
and/
2. The Court may, at the same time that it passes the decree, on the verbal ap- 1.4. 11 of 1865, plication of the party in whose favor the decree is given, order immediate execution $19, thereof by the issue of a warrant, directed either against the person of the judgment- debtor, if he is within the jurisdiction, or against the moveable property of the judgment-debtor within the same. If the warrant be directed against the moveable
1. C. 207-215.
LA. 23 of 1861, 6. 15.
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property of the judgment-debtor, it may be general against any personal property of the judgment-debtor wherever it may be found within the jurisdiction, or special against any personal property belonging to the judgment-debtor within the same, and which shall be indicated by the judgment-creditor.
Application for Execution in ordinary Cases.
LXIX. When any party in whose favor a decree has been made is desirous of enforcing the same, he shall apply to the Court for execution. If there be two or more decree-holders, one or more of them may make the application, if the Court shall see sufficient cause for allowing him or them to make such application, and the Court shall in such case pass such order as it may deem necessary for protecting the interests of the other decrec-holders.
2. If a decree shall be transferred by assignment or by operation of law from the original decree-holder to any other person, application for the execution of the decree may be made by the person to whom it shall have been so transferred; and if the Court shall think proper to grant such application, the decree may be executed in the same manner as if the application were made by the original decree-holder.
3. If there be cross-decrees between the same parties for the payment of money, execution shall be taken out by that party only who shall have obtained a decree for the larger sum, and for so much only as shall remain after deducting the smaller sum, and satisfaction for the smaller sum shall be entered on the decree for the larger sun as well as satisfaction on the decree for the smaller sum, and if both sums shall be equal, satisfaction shall be entered upon both decrees.
4. Whenever a suit shall be pending in the Court against the holder of a previous decree of the Court, by the person or persons against whom the decree was passed, the Court may, if it appear just and reasonable to do so, stay execution on the decree either absolutely or on such terms as it may think just, until a decree shall be passed in the pending suit.
5. If any person against whom a decree has been made shall die before execution has been fully bad thereon, application for execution thereof may be made against the legal representative or the estate of the person so dying as aforesaid; and if the Court shall think proper to grant such application, the decree may be executed accordingly.
6. If the decree be ordered to be executed against the legal representative, it shall be executed in the manner provided in Section LXVII, Para. 5, for the execution of a decree for money to be paid out of the property of a deceased person.
7. The application for execution of a decree shall be in writing, and shall contain in a tabular form the following particulars, namely, the number of the suit, the names of the parties, the date of the decree, whether any and what adjustment of the matter in dispute has been made between the parties subsequently to the decree; the amount of the debt or damages due upon it, or other relief granted by the decree; the amount of costs, if any were awarded; the name of the person against whom the enforcement of the decree is sought; and the mode in which the assistance of the Court is required, whether by the delivery of property specifically decreed, the arrest and imprisonment of the person named, or attachment of his property, or otherwise, as the case may be.
8. When the application is for an attachment of any land or other immoveable pro- perty belonging to the defendant, it shall be accompanied with an inventory or list of such property containing such a description of the property as may be sufficient to identify it, together with a specification of the defendant's share or interest therein, to the best of the applicant's belief, and so far as he has been able to ascertain the same.
9. Where the application is for an attachment of the defendant's moveable property or any part thereof, it may be accompanied with an inventory or list of the property to be attached, containing a reasonably accurate description thereof; or the applicant may apply for a general attachment of the defendant's moveable property wheresoever the same can be found, to the amount of the judgment and costs.
10. The Court, on receiving any application for execution of a decree, containing the particulars above mentioned, or such of them as may be applicable to the case, came enter a note of the application, and the date on which it was made in the Register of *
the suit. If it shall be shown to the Court that the particulars do not correspond with the original decree, the Court shall either return the application for correction to the person making it, or shall, with the consent of such person, cause the necessary correction to be made. If the application be admitted, the Court shall order exccution of the decree according to the nature of the application.
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