1218
No. 3 of 1901.
Separate writs for money recovered and for costs. O.42 r. 18.
Execution in judgments for money.. H. K. Code, F. 72 (2).
CODE OF CIVIL PROCEDURE.
382. Upon any judgment for the recovery or payment of a sum of money and costs, there may be, at the election of the party entitled thereto, either one writ or separate writs of execution for the recovery of the sum and for the recovery of the costs, but a second writ shall only be for costs.
383. If there are cross-judgments between the same parties for the payment of money, execution shall be taken out by that party only who has obtained a judgment for the larger sum and for so much only as may remain after deducting the smaller sum, and satisfaction for the smaller sum shall be entered on the judgment for the larger sum as well as satisfaction on the judgment for the smaller sum, and, if both sums are equal, satisfaction shall be entered on both judgments.
Levying expenses of execution. O.42 r. 15.
Determination of questions as to mesne profits and other matters. H. K. Code, s. 79 (8).
Power of the Court to order immediate execution. [ib. s. 71.]
Procedure in order for immediate execution.
384. In every case of execution the party entitled to execution may levy the costs, fees, and expenses of execution over and above the sum recovered.
385. All questions relating to the amount of any mesne profits which by the terms of the judgment may have been reserved for adjustment in the execution of the judgment or of any mesne profits or interest which may be payable in respect of the subject-matter of the action between the date of the institution of the action and the execution of the judgment, as well as all questions relating to sums alleged to have been paid in satisfaction of the judgment or the like, and all other questions arising between the parties to the action in which the judgment was given, and relating to the execution of the judgment, shall be determined by order of the Court.
Immediate Execution.
386.(1) The Court may, at the time of giving judgment, on the verbal application of the party in whose favour the judgment is given, order immediate execution thereof without the issue of a writ of execution, except as to so much as relates to the costs, and that the judgment shall be executed as to the costs as soon as the amount thereof has been ascertained by taxation.
(2) The order for immediate execution shall be in writing and shall be sufficient authority to the bailiff to proceed at once to execution of the judgment by seizure of the person of the party against whom the judgment is given.
*As amended by No. 86 of 1911.*
1218
No. 3 of 1901.
Separate writs for money re- covered and for costs. 0.42 r. 18.
Execution in
judgments
for money..
H. K. Code, F. 72 (2).
CODE OF CIVIL PROCEDURE.
382. Upon any judgment for the recovery or payment of a sum of money and costs, there may be, at the election of the party entitled thereto, either one writ or separate writs of execution for the recovery of the sum and for the recovery of the costs, but a second writ shall only be for costs.
383. If there are cross-judgments between the same parties for case of cross the payment of money, execution shall be taken out by that party only who has obtained a judgment for the larger sum and for so much only as may remain after deducting the smaller sum, and satisfaction for the smaller sum shall be entered on the judgment for the larger sum as well as satisfaction on the judgment for the smaller sum, and, if both sums are equal, satisfaction shall be entered on both judgments.
Levying
expenses of execution. 0.42 r. 15.
Determina- tion of questions as
to mesne
profits and other matters.
H. K. Code, s. 79 (8).
Power of the Court to order
immediate
execution. [ib. s. 71.]
Procedure in
for immediate execution.
384. In every case of execution the party entitled to execution may levy the costs, fees, and expenses of execution over and above. the sum recovered.
385. All questions relating to the amount of any mesne profits which by the terms of the judgment may have been reserved for adjustment in the execution of the judgment or of any mesne profits or interest which may be payable in respect of the subject-matter of the action between the date of the institution of the action and the execution of the judgment, as well as all questions relating to sums alleged to have been paid in satisfaction of the judgment or the like, and all other questions arising between the parties to the action in which the judgment was given, and relating to the exe- cution of the judgment, shall be determined by order of the Court.
Immediate Execution.
386.(1) The Court may, at the time of giving judgment, on the verbal application of the party in whose favour the judgment is given, order immediate execution thereof without the issue of a writ of execution, except as to so much as relates to the costs, and that the judgment shall be executed as to the costs as soon as the amount thereof has been ascertained by taxation.
(2) The order for immediate execution shall be in writing and case of order shall be sufficient authority to the bailiff to proceed at once to exe- cution of the judgment by seizure of the person of the party against
*As amended by No. 86 of 1911.
*
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