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CODE OF CIVIL PROCEDURE-HONGKONG.

Application for Execution in ordinary Cases.

139

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 to the Registrar execution. Such application must be in writing, and shall specify the number of the suit or proceeding and the names of the parties.

-Form of,

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.

certain Cas01

3.-Whenever a suit sha ĺbe pending in the Court against the holder Court may stay of a previous decree of the Court, by the person against whom the decree Execution in 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.

4. If any person against whom a decree has been made shall die Decree against

legal Repre. before execution has been fully had thereon, application for execution

sentative. 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 Exceu- 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 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.

for 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,

Execution after

Measures in certain Cases preliminary to the Issue of Execution. LXXIII.—If an interval of more than one year shall have elapsed Application for between the date of the decree and the application for its execution, or if interval of One the enforcement of the decree be applied for against the representative of Year, or against

Representative an original party to the suit, the Court shall issue a notice to the party of original Party. against whom execution may be applied for requiring him to show cause, 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 neces- sary in consequence of an interval of more than one year having elapsed between the date of 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 than 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 Order thereon. 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 circumstances of the case may seem to be just and proper.