Directory_and_Chronicle_1891 — Page 119

IN CHINA AND JAPAN.

69

"writ of execution issued against your goods; under which they may be seized and sold, and will also be liable to be summoned "by the Court, and to be examined as to your ability to make "the payment directed by this decree [or order], and to be

imprisoned in case of your not answering satisfactorily."

112. Where the decree or order is one directing some act to be done or for other act, other than payment of money, there shall be indorsed on the copy of it served on the person required to obey it a memorandum in the words, or to the effect, following:-

"

"If you, the within-named A. B., neglect to obey this decree [or order] within the time therein limi ed, you will be liable to be arrested under a war ant to be issued by the Court, and will "also be liable to have your property sequestered, for the pur-

pose of compelling you to obey this decree [or order].”

113. A decree or order may direct that money directed to be paid by Instalments. any person be paid by such instalments as the Court thinks fit.

to be made.

114. All money directed by any decrce or order to be paid by any How payment person, shall be paid into Court in the suit or matter, unless the Court otherwise direct.

der by or

115. Every person not being a party in any suit, who obtains an order Enforcement of or. in whose favour an order is made, is entitled to enforce obedience against persons thereto by the same process as if he were a party to the suit.

And every person not being a party to any suit against whom obedi- ence 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 Decree and Order.

Dot parties to suit.

116. A person directed by a decree or o der to pay money, or do any Obedience other act, is bound to obey the decree or order on being duly served with without demand it, and without any demand for payment or performance.

117. Where the decree or order is one directing payment of money, Execution

and the person directed to make payment refuses or neglects to do so against goods, 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 disobe iient person.

118. Where a decree or order directs payment of money by instal- Instalments, ments, excution 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 rders, either at the time of making the original decree or order or at any subsequent time.

Stay of Execution.

•

119. The Court may, if under the circumstances of any case it thinks Power to stay, fit, on the application of defendant, and on such terms as seem just, Pend

pending other stay execution of a decree or order pending a suit in the same or any other Court in which that defendan' is plaintiff, and the person who has obtained such decre, or order is defendant.

Seizure and Sale of Goods.

Warrant of

exe ution

120. The Court shall, unless it sees good reason to the contrary, on the application of the person prosecuting the decree or order, issue under a

against goods. the seal of the Court a warrant of execution, directed to a proper officer, who shall be thereby empowered to levy the money ord red to be paid (with the costs of execution) by distress and sale of the goods of the disobedient person, wheresoever found within the particular jurisdiction.

121. The officer executing the warrant may by virtue thereof seize what may be any of the goods of the person against whom execution issues (except seized the wearing appare ad belding of himself or his family, and the tools and implements of his trade, to the value of 25 dollars, which shall to