CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
789
costs as soon as the amount thereof has been ascertained by taxation.
order for
execution.
(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.
Application for execution in ordinary cases.
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.
(2) The præcipe shall contain the title of the action, the reference to the record, the date of the judgment and of the order, if any, directing the execution to be issued, and the names of the parties against whom, or of the firm against whose property, the execution is to be issued; and shall be signed by or in the name of the solicitor of the party issuing it or by the party issuing it, if he does so in person.
for writ of
execution.
H.K. Code, s. 72 (1). O. 42, r. 12.
Schedule. Form
No. 28.
execution.
388. The Registrar, on receiving any application for execution containing the particulars hereinbefore mentioned, shall make a note of the application and of the date on which it is made.
H.K. Code,
s. 72 (6).
[s. 389, rep. No. 36 of 1911.]
Application for leave to issue execution.
390.-(1) In the following cases, namely—
Application for leave
(a) where six years have elapsed since the judgment or any change has taken place by death or otherwise in the parties entitled or liable to execution;
execution
cases, and
Page 95
Page 96
790
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
789
costs as soon as the amount thereof has been ascertained by taxation.
order for
execution.
(2) The order for immediate execution shall be in writing Procedure and shall be sufficient authority to the bailiff to proceed at once in case of to execution of the judgment by seizure of the person of the immediate party against whom judgment is given: Provided that the party 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 enforcing precipe the same he shall file in the court a præcipe for a writ of
execution.
(2) The præcipe shall contain the title of the action, the reference to the record, the date of the judgment and of the order, if any, directing the execution to be issued, and the names of the parties against whom, or of the firm against whose property, the execution is to be issued; and shall be signed by or in the name of the solicitor of the party issuing it or by the party issuing it, if he does so in person.
for writ of
execution.
H.K. Code, s. 72 (1). 0. 42, r. 12.
Schedule. Form
No. 28.
execution.
388. The Registrar, on receiving any application for execu- Note of ap- tion containing the particulars herein before mentioned, shall plication for make a note of the application and of the date on which it is H.K. Code,
s. 72 (6). made.
[s. 389, rep. No. 36 of 1911.]
Application for leave to issue execution.
390.-(1) In the following cases, namely—
Application for leave
(a) where six years have elapsed since the judgment or any to issue. change has taken place by death or otherwise in the parties entitled or liable to execution;
execution
cases, and
Page 95Page 96
790
No. 3 of 1901.
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