Directory_and_Chronicle_1889 — Page 965

CODE OF CIVIL PROCEDURE-HONG KONG.

141

to attachment

Decree.

7.-The following property is liable to attachment and sale in execu- Property liable- tion of a decree, namely, laid, houses, goods, money, bank-notes, cheques, toate in hills 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 behalf.

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 e 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 liate 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.

to the Registrar:

LXXII. When any party in whose favour a decree has been made Must be made is desirous of enforcing the same, he shall apply to the Registrar for-Form of.

xecution. Such application must be in writing, and shall specify the umber of the suit or proceeding and the names of the parties.

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 hall be entered upon both decrees.

Execution in

of previous

3.--Whenever a suit shall be pending in the Court against the holder Court may stay of a previous decree 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 Dec.ee. 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.

legal Repre- sentative.

4-If any person against whom a decree has been made shall die Decree against before execution has been fully had thereon, application for execution thereof may be made against the legal representative, or the estate of the rson 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 inouey to be paid out of the property of a deceased person.

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

Execution.

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 apply to Court the writ.

för Direction,

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

issue in order of Application.