Directory_and_Chronicle_1885 — Page 835

Preports light so Attachment and Sale in

Brecution of Decres.

Payment into

under Decree,

CODE OF CIVIL PROCEDURE-HONGKONG.

—

7.-The following property is liable to attachment and sale in execu- tion of a decree, namely, laud, houses, goods, money, bank-notes, cheques, bills of exchange, promissory notes, government securities, bonds, or other securities for money, debts, shares in the capital or joint stock of Luy public company or corporation, and all other property whatsoever, moveable or immoveal, belonging to the defendant, and whether the same be beld in his own name or by another person in trust for him or on his behalf.

8. All moneys payable under a decree shall be paid into Court, Court of Moneys unless the Court shall otherwise direct. No adjustment of a decree, in part or in whole, shall be recognised by the Court unless such adjustment be made through the Court, or be certified to the Court by the person in whose favour the decree has been made, or to whom it has been trans- ferred.

By Order of Cours before Talation of

Must be made

to the Registrar

- Form of.

Croau-decrees.

Court may stay Brocution in eerta Cases of previous Decree.

Deorce against Jegal Repře. sentative.

Mode of Ereeu-

tivo,

Record of

Application for Execution.

Registrat may Apply to Crurt for Direction.

Execution to isans in order

Immediate Execution.

LXXI. The Court may, at the time of making the decree on the verbal application of the party in whose favour the decree is made, order imme- diate execution thereof, except as to so much as relates to the costs, and that the decree shall be executed as to costs as soon as the amount thereof shall be ascertained by taxation.

Application for Execution in ordinary Cases.

LXXII. When any party in whose favour a decree has been made is desirous of enforcing the same, he shall apply to the Registrar for execution. Such application must be in writing, and shall specify the number of the suit or proceeding and the names of the parties.

2. 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 sun, and satisfaction for the smaller sum shall be entered on the deerce for the larger sum 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.

3.—Whenever a suit shall be pending in the Court against the bolder of a previous decree of the Court, by the person against whom the decree was made, the Court 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-If any person against whom a decree has been made shall die before execution has been fully had 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 Buch application, the decree may be executed accordingly.

5.If the decree be ordered to be executed against the legal repre- sentative, it shall be extel 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 a deceased person.

6. The Registrar on receiving any application for execution of a dveree, containing the particulars above-mentioned, shall make a note of the application, and 16 date on which it was made.

7-The Registrar nay, at any time, take the direction of the Court as to any application for xecution, and in the meanwhile refuse to issue the writ

8.- All write of ·

1-

me, shall be is-u-1 in the order of appostion of Application for the same, unless the court shoi otherwise lirect.

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