440 SUPPLEMENT TO THE HONGKONG GOVERNMENT GAZETTE, 27TH SEPT., 1879.
Against Sureties.
Property liable
and Sale in Execution of Decree.
be proved to have come into his Possession, the Decree may be executed against the Defendant to the Extent of the Property not duly applied by him, in the same Manner as if the Decree had been against the Defendant personally.
6. Whenever a Person has become liable as Security for the Performance of a Decree, or of any Part thereof, the Decree may be executed against such Person to the Extent to which he has rendered himself liable, in the same Manner as a Decrce may be enforced against a Defendant.
7. The following Property is liable to Attachment and Sale i to Attachment execution of a Decree, namely, Land, Houses, Goods, Money, Bank Notes, Cheques, Bills of Exchange, Promissory Notes, Government Securities, Bonds, or other Securities for Money, Debts, Shares in the Capital or Joint Stock of any Public Compa- ny 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.
Payment into
Court of Monies under Decree.
By Order of Court before Taxation of Costs.
Must be made
-Form of
8. All Monies payable un ler a Decree shall be paid into Court,
•unless the Court shall otherwise direct. No Adjustment of a Decree, ia 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 Favor the Decree has been made, or to whom it has been transferred.
Immediate Execution.
LXXI. The Court may, at the Time of making the Decree or the verbal Application of the Party in whose Favor the Decise 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 Favor a Decree has been to the Registrar made 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 Procecling and the Names of the Parties. Cross-decrees. 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.
Court may stay
Execution in
certain Cases of previous Decree.
Decree against legal Repre-
sentative.
Mode of Exc- cution.
Record of Ap- plication for Execution.
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 Representative, it shall be executed in the Manner provided in Section LXX, Para. 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 Decree, containing the Particulars above mentioned, shall make a Note of the Application, and the Date on which it was made.
Registrar may 7. The Registrar may, at any Time, take the Direction of the apply to Court Court as to any Application for Execution and in the meanwhile for Direction. refuse to issue the Writ.
Execution to 8. All Writs of Execution shall be issued in the Order of Ap- issue in order plication for the same unless the Court shall otherwise direct. of Application,
Application for
after* Interval
Measures in certain Cases preliminary to the
Issue of Execution.
LXXIII. If an Interval of more than One Year shall have Execution elapsed between the Date of the Decree and the Application for of One Year, or its Execution, or if the Enforcement of the Decree be applied against Repre- for against the Representative of an original Party to the sentative of Suit, the Court shall issue a Notice to the Party against whom original Party. Execution may be applied for, requiring him to show Cause,
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