Directory_and_Chronicle_1906 — Page 392

316

Or for other act.

Instalments.

How payment to be made.

Enforcement of order by or

RULES OF SUPREME COURT

"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 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 limited, you will be liable to be "arrested under a warrant 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 any person be paid by such instalments as the Court thinks fit.

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

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

not parties to suit.

Obedience

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

any

116. A person directed by a decree or order to pay money, or do without demand other act, is bound to obey the decree or order on being duly served with

it, and without any demand for payment or performance.

made.

Execution

117. Where the decree or order is one directing payment of money, against goods. and the person directed to make payment refuses or neglects to do so 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 disobedient person.

Instalments.

peading other

118. Where a decree or order directs payment of money by instal- ments, execution 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 orders, 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, stay execution of a decree or order pending a suit in the same or any other Court in which that defendant is plaintiff, and the person who bas obtained such decree or order is defendant.

Buit.

Warrant of execution

Seizure and Sale of Goods

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 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 ordered 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.

What may be seized.

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