1923_CODE_OF_CIVIL_PROCEDURE — Page 92

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901. 1205

384. In every case of execution the party entitled to levying execution may levy the costs, fees, and expenses of execution over and above the sum recovered.

Levying execution expenses of execution, O. 42, r. 15.

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 to 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.

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 judgment is given; Provided that the party obtaining the order shall, as soon thereafter as practicable, comply with the requirements of section 387: Provided further that if the party against whom the order has been made satisfies the judge that he has sufficient means and intends to satisfy the judgment, the judge may discharge the order for immediate execution.

387.—(1) Subject to the provisions of section 386, when any party who has obtained a judgment is desirous of enforcing the same, he shall file in the court a præcipe for a writ of execution.

* As amended by Law Rev. Ord., 1924.

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1205 384. In every case of execution the party entitled to levying execution may levy the costs, fees, and expenses of execution over and above the sum recovered. Levying execution expenses of execution, O. 42, r. 15. 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 to 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. 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 judgment is given; Provided that the party obtaining the order shall, as soon thereafter as practicable, comply with the requirements of section 387: Provided further that if the party against whom the order has been made satisfies the judge that he has sufficient means and intends to satisfy the judgment, the judge may discharge the order for immediate execution. 387.—(1) Subject to the provisions of section 386, when any party who has obtained a judgment is desirous of enforcing the same, he shall file in the court a præcipe for a writ of execution. * As amended by Law Rev. Ord., 1924.

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1205 384. In every case of execution the party entitled to Levying execution may levy the costs, fees, and expenses of execution expenses of over and above the sum recovered. execution, 0. 42, r. 15. questions as other 385. All questions relating to the amount of any mesne Determina- profits which by the terms of the judgment may have been tion of reserved for adjustment in the execution of the judgment or to mesne of any mesne profits or interest which may be payable in profits and respect of the subject-matter of the action between the date matters. of the institution of the action and the execution of the K. Code, s. 79 (8). 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. immediate 386.—(1) The court may, at the time of giving judgment, Power of the on the verbal application of the party in whose favour the court to order judgment is given, order immediate execution thereof without execution. the issue of a writ of execution, except as to so much as s. 71. H. K. Code, 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. * case of order (2) The order for immediate execution shall be in writing Procedure in and shall be sufficient authority to the bailiff to proceed at for immediate once to execution of the judgment by seizure of the person execution. of the party against whom judgment is given; Provided that thearty obtaining the order shall, as soon thereafter as prácticable, comply with the requirements of section 387: Provided further that if the party against whom the order has been made satisfies the judge that he has sufficient means and intends to satisfy the judgment, the judge may discharge the order for immediate execution. Application for execution in ordinary cases. 387.-(1) Subject to the provisions of section 386, when Filing of any party who has obtained a judgment is desirous of enfor- recipe for cing the same, he shall file in the court a præcipe for a writ execution. of execution. * As amended by Law Rev. Ord., 1924. writ of

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901. 1205

384. In every case of execution the party entitled to Levying execution may levy the costs, fees, and expenses of execution expenses of over and above the sum recovered.

execution, 0. 42, r. 15.

questions as

other

385. All questions relating to the amount of any mesne Determina- profits which by the terms of the judgment may have been tion of reserved for adjustment in the execution of the judgment or to mesne of any mesne profits or interest which may be payable in profits and respect of the subject-matter of the action between the date matters. of the institution of the action and the execution of the K. Code,

s. 79 (8). 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.

immediate

386.—(1) The court may, at the time of giving judgment, Power of the on the verbal application of the party in whose favour the court to order judgment is given, order immediate execution thereof without execution. the issue of a writ of execution, except as to so much as s. 71.

H. K. Code, 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.

case of order

(2) The order for immediate execution shall be in writing Procedure in and shall be sufficient authority to the bailiff to proceed at for immediate once to execution of the judgment by seizure of the person execution. of the party against whom judgment is given; Provided that thearty obtaining the order shall, as soon thereafter as prácticable, comply with the requirements of section 387: Provided further that if the party against whom the order has been made satisfies the judge that he has sufficient means and intends to satisfy the judgment, the judge may discharge the order for immediate execution.

Application for execution in ordinary cases.

387.-(1) Subject to the provisions of section 386, when Filing of any party who has obtained a judgment is desirous of enfor- recipe for cing the same, he shall file in the court a præcipe for a writ execution. of execution.

1923_CODE_OF_CIVIL_PROCEDURE — Page 92

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