Directory_and_Chronicle_1882 — Page 728

CODE OF CIVIL PROCEDURE-HONGKONG.

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must be in writing, and shall specify the number of the suit or proceeding an 1 the names of the parties.

2. If there be cross-decrces 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 satis action for the smaller sum shall be entered on the decree for the larger sum as well as satisfaction on the decre· for the smaller stun, and if both sums shall be equal, satisfaction shall be entered upon bo h decrees.

3.Whenever a suit sha I be pending in the Court against the holler of a previous decree of the Court, by the person against whom the decree was made, the Curt may, if it appear just and reasonable to do so, stay execution of the decree either absolutely or on such terms as it may think just, until a decree shall be made in the pending

suit.

4.-I any person against whom a deeree has been made shall die before execution has ben fully hal thereou, application for execution thereof may be male against the legal representative, or the estate of the prson so dying as aforesaid; and if the Court shall think proper to grant such a plication, the deer e my be executed accordingly.

5. If the decree be ordered to be executed against the I gal representative, it s'all be exeruted in the manner provided in Section LXX., Par. 5, for the execution of a decree for money to be paid out of the property of deceased pers ns.

6. The Registrar on receiving any application for execution of a deer e, con- taining the particulars above-mentionel, shall make a note of the application, and the date on which it was made.

7.—The Registrar may, at any time, take the direction of the Court as to any application for execution, and in the meanwhile refuse to issue the writ.

8.-All writs of execution shall be issued in the or er of application for the same, unless the Court shall otherwise direct.

Measures in certain Cases preliminary to the Issue of Execution.

LXXIII.—If an interval of more than one year shall have elapsed between the date of the decr e and the application for its execution, or if the enforcement of the decree be applied for against the representative of an original party to the suit, the Court shall issue a notice to the party against who u ex-cution may be applied for, requiring im to show case, within a limited period to be fixed by the Court, why the decree should not be executed against him: Provided that no such notice shall be necessary in consequence of an interval of more than one year having elapsed between the date of the decree and the application for execution, if the application be made within one year from the date of the last order obtained on any previous application for execution; and provided further that no such notice shall be necessary in consequence of the application being against such representative, if upon a previous application for execution against the same person, the Court shall have ordered execution to issue against him.

2.-When such notice is issued, if the party shall not appear, or shall not show sufficient cause to the satisfaction of the Court why the decree should not be forthwith executed, the Court shall order it to be executed accordingly. If the party shall appear and shall offer any objection to the enforcement of the decree, the Court shall make such order as in the circumstane s of the case may seem to be just and proper.

Issue of the Writ of Execution.

LXXIV. Upon the application of the decree-holder the Registrar shall, subject to the provisions of the last two preceding sections, issue the proper writ for the execution of the decree.

Execution of Decrees for immoveable Property.

LXXV.—If in the execution of a decree for land or other immoveable property, the officer executing the same shall be resisted or obstructed by any person, the person in whose favour such decree was made may apply to the Court at any time within one month from the time of such resistance or obstruction. The Court shall fix a day for