1964_RULES_OF_THE_SUPREME_COURT — Page 181

1988 Ed.] The Rules of the Supreme Court--Order 47

[CAP. 4

A 181

Return to writ of execution (O. 46, r. 9)

霉

9. (1) Any party at whose instance a writ of execution was issued may serve a notice on the bailiff to whom the writ was directed requiring him, within such time as may be specified in the notice, to endorse on the writ a statement of the manner in which he has executed it and to send to that party a copy of the statement.

(2) If a bailiff on whom such a notice is served fails to comply with it the party by whom it was served may apply to the Court for an order directing the bailiff to comply with the notice.

(3) Upon receipt of a writ of execution it shall be the duty of the bailiff, without fee, to indorse upon the back thereof the hour, day, month and year when he received the same.

[Subsidiary]

ORDER 47

WRITS OF FIERI FACIAS

Power to stay execution by writ of fieri facias (O. 47, r. 1)

1. (1) Where a judgment is given or an order made for the payment by any person of money, and the Court is satisfied, on an application made at the time of the judgment or order, or at any time thereafter, by the judgment debtor or other party liable to execution-

(a) that there are special circumstances which render it in-

expedient to enforce the judgment or order, or

(b) that the applicant is unable from any cause to pay the

money,

then, notwithstanding anything in rule 3, the Court may by order stay the execution of the judgment or order by writ of fieri facias either absolutely or for such period and subject to such conditions as the Court thinks fit.

(2) An application under this rule, if not made at the time the judgment is given or order made, must be made by summons and may be so made notwithstanding that the party liable to execution did not acknowledge service of the writ or originating summons in the action or did not state in his acknowledgment of service that he intended to apply for a stay of execution under this rule pursuant to Order 13, rule 8.

(3) An application made by summons must be supported by an affidavit made by or on behalf of the applicant stating the grounds of the application and the evidence necessary to substan- tiate them and, in particular, where such application is made on the grounds of the applicant's inability to pay, disclosing his income, the nature and value of any property of his and the amount of any other liabilities of his.