CODE OF CIVIL PROCEDURE-HONGKONG.
141
to Attachment
Decres.
7.—The following property is liable to attachment and sale in execu- Property liable tion of a decree, namely, land, houses, goods, money, bank-notes, cheques, and sale in bills of exchange, promissory notes, government securities, bonds, or other Execution of 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 behelf.
Court of Moneys
8.-All moneys payable under a decree shall be paid into Court, Payment into unless the Court shall otherwise direct. No adjustment of a decree, in under Decree, 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.
Immediate Execution.
Court before
LXXI.-The Court may, at the time of making the decree on the verbal By Order of application of the party in whose favour the decree is made, order imme- Taxation of diate execution thereof, except as to so much as relates to the costs, and Costs. 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.
P
Must be made Form of.
to the Registraz
2. If there be cross-decrees between the same parties for the payment Cross-decrees. 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 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.
Execution in
3.—Whenever a suit shall be pending in the Court against the holder Court may stay of a previous decrce of the Court, by the person against whom the decree certain Cases was made, the Court may, if it appear just and reasonable to do so, stay of previous 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.
Decree.
legal
sentative.
4.-If any person against whom a decree has been made shall die Decree #gainst before execution has been fully had thereon, application for execution entiere 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.
tion.
5. If the decree be ordered to be executed against the legal repre- Mode of Execu- sentative, it shall be executed 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 Record of
Application for decree, containing the particulars above-mentioned, shall make a note of Execution. the application, and the date on which it was made.
apply to Court
7. The Registrar may, at any time, take the direction of the Court Registrar may as to any application for execution, and in the meanwhile refuse to issue for Direction. the writ.
8.-All writs of execution shall be issued in the order of application Execution to
issue in order for the same, unless the Court shall otherwise direct.
of Application.
No comments yet.
Private notes are available after approval.