788
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
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).
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. H.K. Code, s. 71.
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.
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
788
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Evidence
of renewal
of writ.
O. 42, r. 21.
Separate writs for money re-
covered and for costs.
O. 42, r. 18.
Execution in case of
cross-
judgments
for money. H.K. Code, s. 72 (2).
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.
H.K. Code,
s. 71.
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 execu- tion 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.
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
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