498
THE HONGKONG GOVERNMENT GAZETTE, 4TM OCTOBER, 1873.
Against Suretics.
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 Decrec, 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 Manuer as a Decrce may be enforced against a Defendant.
Property liable 7. The following Property is liable to Attachment and Sale in 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 cwn Nime 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
--Forin of,
8. All Monies payable under a Decree shall be paid into Court, 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 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 on the verbal Application of the Party in whose Favor the Decree is made order immediate Execution thereof, except as to so much as relates to the Costs, and that the Decrce shall be executed as to Costs as soon as the Amount thereof shall be ascertained by Taxation.
Application for Excention in ordinary Cases.
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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 Proceeding 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 Sun, 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
sentative.
appear
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 just and reasonable to do so, stay Execution of the Decree either absolutely or on such Terms as it may think just, un.il a Decree shall be made in the pending Suit.
4. If any Person against whoin a Decree has been made shall legal Repre- die before Execution has been fully had thereon, pplication for Execution thereof may be made against the legal Eepresentative, 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.
Mode of Exe- cution.
Record of Ap- plication for Execution.
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.
after Interval
Measures in certain Cases preliminary to the
Issue of Execution.
Application for 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 Suit, the Court shall issue a Notice to the Party against whom original Party. Execution may be applied for, requiring him to show Cause,
sentative of
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