Directory_and_Chronicle_1868 — Page 336

Directories & Chronicles 香港指南 All

Page 336 Page 336

IN CHINA AND JAPAN.

53

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 Obedience without any other act, is bound to obey the decree or order on being duly served demand made. with it, and without any demand for payment or performance.

117. Where the decree or order is one directing payment of Execution 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 pro- secuting the decrce or order shall be entitled to apply to the Court for execution against the goods of the disobedient person.

118. Where a decree or order directs payment of money by instal- Instalments. ments, execution shall not issue until after default in payment of some instalment according to the order: and execution, or successive execu- tions, may then issue for the whole of the money and costs then remain- ing 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 Power to stay, pending thinks fit, on the application of a defendant, and on such terms as seem other suit. 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.

120. The Court shall, unless it sees good reason to the contrary Warrant of execution on the application of the person prosecuting the decree or order, issue against goods, 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, wheresover found within the particular jurisdiction.

121. The Officer executing the warrant may by virtue thereof seize what may be seized. 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 25 dollars,; 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.

dealt with.

122. The Court shall hold any cheques, bills of exchange, promis- How bills. notes, and sory notes, bonds, or securities for money so seized as security for the other securition to be 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.

123. The sale of goods seized in execution shall be conducted under Sale. 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

Page 336 Page 336

Digitized by

Google

Page 336 Page 336

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.