1204
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Payment of moneys into court.
H. K. Code, s. 70 (8).
Period
378. All moneys payable under a judgment on which a writ of execution has been issued shall be paid into court, unless the court otherwise directs.
379. As between the original parties to a judgment, within which execution may issue at any time within six years from the recovery of the judgment.
execution may issue. O. 42, r. 22.
Duration and renewal of writ.
O. 42, r. 20.
Evidence of renewal of writ.
O. 42, r. 21.
Separate writs for money recovered and for costs.
O. 42, r. 18.
Execution in case of cross-judgments for money. H. K. Code, s. 72 (2).
380. A writ of execution, if unexecuted, shall remain in force for one year only from its issue, unless renewed in the manner hereinafter provided; but such writ may, at any time before its expiration, by leave of the court, be renewed by the party issuing it for one year from the date of such renewal, and so on from time to time during the continuance of the renewed writ, either by being marked by the Registrar with the seal of the court and with the date of the day, month, and year of such renewal or by such party giving a written notice of renewal to the bailiff, signed by the party or his solicitor and marked in like manner; and a writ of execution so renewed shall have effect, and be entitled to priority, according to the time of the original issue thereof.
381. The production of a writ of execution, or of the notice renewing the same, purporting to be marked as mentioned in section 380, showing the same to have been renewed, shall be sufficient evidence of its having been so renewed.
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.
* As amended by Law Rev. Ord., 1924.
3
1204
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Payment of moneys into court.
H. K. Code, s. 70 (8).
Period
378. All moneys payable under a judgment on which a writ of execution has been issued shall be paid into court, unless the court otherwise directs.
379. As between the original parties to a judgment, within which execution may issue at any time within six years from the
recovery of the judgment.
execution
may issue. O. 42, r. 22.
Duration and renewal of writ.
0. 42, r. 20.
Evidence of renewal of
writ.
0.42,
*
I'.
Separate writs for money re-
21.
covered and 0.42, 1. 18.
for costs.
Execution in
case of cross- judgments for money. H. K. Code, s. 72 (2).
380. A writ of execution, if unexecuted, shall remain in force for one year only from its issue, unless renewed in the manner hereinafter provided; but such writ may, at any time before its expiration, by leave of the court, be renewed by the party issuing it for one year from the date of such renewal, and so on from time to time during the continuance of the renewed writ, either by being marked by the Registrar with the seal of the court and with the date of the day, month, and year of such renewal or by such party giving a written notice of renewal to the bailiff, signed by the party or his solicitor and marked in like manner; and a writ of execution so renewed shall have effect, and be entitled to priority, according to the time of the original issue thereof.
381. The production of a writ of execution, or of the notice renewing the same, purporting to be marked as mentioned. in section 380, showing the same to have been renewed, shall be sufficient evidence of its having been so renewed.
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 re overy 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 su 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.
* As amended by Law Rev. Ord., 1924.
3
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