1216
No. 3 of 1901.
Judgment for money
CODE OF CIVIL PROCEDURE.
372. If the judgment is against a party as the representative of a deceased person, and such judgment is for money to be paid out of the property of the deceased person, it may be executed by the attachment and sale of any such property, or, if no such property can be found and the defendant fails to satisfy the Court that he has duly applied such property of the deceased person as may be proved to have come into his possession, the judgment may be executed against the defendant to the extent of the property not duly applied by him, in the same manner as if the judgment had been against him personally.
H. K. Code, s. 70 (5).
Judgment for specific movable or for specific performance of contract or act.
373. If the judgment is for any specific movable or for the specific performance of any contract or other particular act, it may be enforced by the seizure, if practicable, of the specific movable and the delivery thereof to the party to whom it has been adjudged, or by imprisonment of the party against whom the judgment has been given, or by attaching his property and keeping the same under attachment until the further order of the Court, or by both imprisonment and attachment, if necessary; or, if alternative damages have been awarded, by levying such damages in the mode provided for the execution of a judgment for money.
Judgment for execution of deed or indorsement of negotiable instrument.
374. If the judgment is for the execution of a deed or for the indorsement of a negotiable instrument, and the party ordered to execute or indorse such deed or instrument refuses or neglects to do so, any party interested in having the same executed or indorsed may prepare a deed or indorsement of the instrument in accordance with the terms of the judgment and tender the same to the Court for execution upon the proper stamp, if any, required by law, and the execution or indorsement thereof by the Registrar shall have the same effect as the execution or indorsement thereof by the party ordered to execute or indorse.
Case of surety for performance of judgment.
Order for or against person not a party. O.42 r. 26.
375. Where a person has become liable as surety for the performance of a judgment or of any part thereof, the judgment may be executed against him to the extent to which he has rendered himself liable, in the same manner as a judgment may be enforced against a judgment debtor.
376. Any person, not being a party to a cause or matter, who obtains any order, or in whose favour any order is made, shall be entitled to enforce obedience to such order by the same process as if he were a party to such cause or matter; and any person, not being a party to a cause or matter, against whom any order is made, shall be liable to the like process for disobeying such order.
Page 85
Page 86
1216
No. 3 of 1901.
Judgment
for money
CODE OF CIVIL PROCEDURE.
372. If the judgment is against a party as the representative of a deceased person, and such judgment is for money to be paid out presentative of the property of the deceased person, it may be executed by the
against re-
of deceased
person.
H. K. Code, s. 70 (5).
Judgment for specific movable or for specific performance
of contract
or act.
attachment and sale of any such property, or, if no such property can be found and the defendant fails to satisfy the Court that he has duly applied such property of the deceased person as may be proved to have come into his possession, the judgment may be executed against the defendant to the extent of the property not duly applied by him, in the same manner as if the judgment had been against him personally.
373. If the judgment is for any specific movable or for the specific performance of any contract or other particular act, it may be en- forced by the seizure, if practicable, of the specific movable and the delivery thereof to the party to whom it has been adjudged, or lib. s. 70 (2).] by imprisonment of the party against whom the judgment has been given, or by attaching his property and keeping the same under attachment until the further order of the Court, or by both imprisonment and attachment, if necessary; or, if alternative damages have been awarded, by levying such damages in the mode provided for the execution of a judgment for money.
Judgment for execution of deed or in-
374. If the judgment is for the execution of a deed or for the indorsement of a negotiable instrument, and the party ordered dorsement of to execute or indorse such deed or instrument refuses or neglects negotiable
to do so, any party interested in having the same executed or instrument. lib. s. 70
indorsed may prepare a deed or indorsement of the instrument in (4).]
accordance with the terms of the judgment and tender the same to the Court for execution upon the proper stamp, if any, required by law, and the execution or indorsement thereof by the Registrar shall have the same effect as the execution or indorsement thereof by the party ordered to execute or indorse.
Case of surety for performance of judgment. [ib.s.70 (6).]
Order for or against person not a party. 0.42 r. 26.
375. Where a person has become liable as surety for the perform- ance of a judgment or of any part thereof, the judgment may be executed against him to the extent to which he has rendered him- self liable, in the same manner as a judgment may be enforced against a judgmenť debtor.
376. Any person, not being a party to a cause or matter, who obtains any order, or in whose favour any order is made, shall be entitled to enforce obedience to such order by the same process as if he were a party to such cause or matter; and any person, not being
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