Directory_and_Chronicle_1879 — Page 543

IN CHINA AND JAPAN.

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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.

demand made.

116. A person directed by a decree or order to pay money, or Obedience without do any other act, is bound to obey the decree 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 Execution against goɔds, 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 disobedient person.

118. Where a decree or order directs payments of money by Instalments. instalment, execution shall not issue until after default in payment 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.

other suit.

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

Seizure and Sale of Goods.

120. The Court shall, unless it sees good reason to the con- Warrant of execution

against goods. trary, on the application of the person 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 listress and sale of the goods of the disobedient person, wheresoever round within the particular jurisdiction.

121. The Officer executing the warrant may by virtue thereof What way be seized, seize 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, bill of exchange, promissory notes, bonds, or securities for money belonging to him.

other securities to be

122. The Court shall hold any cheques, bills of exchange, How bills, notes, and promissory notes, bonds, or securities for money so seized, as dealt with. security 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 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 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 person prosecuting the decree or order, who shall be liable for

the