Directory_and_Chronicle_1900 — Page 398

Payment into

under DecreO.

338

CODE OF CIVIL PROCEDURE-HONGKONG

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.

8.- All moneys payable under a decree shall be paid into Court, Court of Money 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 bas been made, or to whom it has been trans- ferred.

By Order of Court before Taxation of Costs.

Must be made

-Form of.

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 immediate 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 to the Registrar 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.

Cross-decrees.

Court may stay Execution in certain Cases of previous Decres.

Decree against legal Repre- sentative.

Mode of Execu- tion.

Record of

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 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.

3. Whenever a suit shall be pending in the Court against the holder 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 such application, the decree may be executed accordingly.

5. If the decree be ordered to be executed against the legal repre 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 Application for decree, containing the particulars above-mentioned, shall make a note of

the application, and the date on which it was made.

Execution.

Registrar may apply to Court for Direction.

Execution to issue in order of Application,

Interval of One

7. The Registrar may, at any time, take the direction of the Court as to any application for execution, and in the meanwhile refuse to issue the writ.

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

Measures in certain Cases preliminary to the Issue of Execution

LXXIII.-If an interval of more than one year shall have elapsed Application for Execution after between the date of the decree and the application for its execution, or if Year, or against the enforcement of the decree be applied for against the representative of 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