Issue of writ. Præcipe. Indorsement of writ. Date of writ. or judge may give such leave if the liability be not disputed, or, if such liability be disputed, may order that the liability of such perssn be tried and determined in any manner in which any issue or question in an action may be tried and determined. 9. No writ of execution shall be issued without the production to the officer by whom the same should be issued, of the judgment upon which the writ of execution is to issue, or an office copy thereof, showing the date of entry. And the officer shall be satisfied that the proper time has elapsed to entitle the judgment creditor to execution. A direction by the Court is equivalent to a formal judgment (Bolton v. Bolton, L. R. 3 Ch. D. 276; 35 L. T. N. S. 358; and see post, r. 20). 10. No writ of execution shall be issued without the party issuing it, or his solicitor, filing a præcipe for that purpose. 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, the names of the parties against whom or of the firms against whose goods the execution is to be issued; and shall be signed by or on behalf of1 the solicitor of the party issuing it, or by the party issuing it if he do so in person. The forms in Appendix (E) hereto may be used, with such variations as circumstances may require. 11. Every writ of execution shall be indorsed with the name and place of abode or office of business of the solicitor actually suing out the same, and when the solicitor actually suing out the writ shall sue out the same as agent for another solicitor, the name and place of abode of such other solicitor shall also be indorsed upon the writ; and, in case no solicitor shall be employed to issue the writ, then it shall be indorsed with a memorandum expressing that the same has been sued out by the plaintiff or defendant in person, as the case may be, mentioning the city, town, or parish, and also the name of the hamlet, street, and number of the house of such plaintiff's or defendant's residence, if any such there be. 12. Every writ of execution shall bear date of the day on which it is issued. The forms in Appendix (F.) hereto may be used, with such variations as circumstances may require. Interest on costs runs from the date of the registrar's allocatur of taxation (see Schroder v. Clough, 46 L. J. C. P. 1 These words were added by r. 17. Rules of June, 1876. L F 365; and The Jones Brothers, 37 L. T. N. S. 164; 3 Asp. 13. In every case of execution the party entitled to execution may ment of direction. 14. Every writ of execution for the recovery of money shall be Indorse- The sheriff is the person to whom in an action in the writs of execution. 15. Every person to whom any sum of money or any costs shall be Time for (a.) If the judgment is for payment within a period therein men- (b.) The Court or judge at the time of giving judgment, or the As to stay of execution on appeal, see post, O. lviii., r. 16. 16. A writ of execution if unexecuted shall remain in force for Time. one year only from its issue, unless renewed in the manner hereinafter provided; but such writ may, at any time before its expiration, Orders equivalent to judg ment. Relief as to by leave of the Court or a judge, 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 with a seal of the Court bearing the date of the day, month, and year of such renewal, or by such party giving a written notice of renewal to the sheriff, signed by the party or his attorney, and bearing the like seal of the Court; and a writ of execution so renewed shall have effect and be entitled to priority according to the time of the original delivery thereof. 17. The production of a writ of execution, or of the notice renewing the same, purporting to be marked with such seal as in the last preceding rule mentioned showing the same to have been renewed, shall be sufficient evidence of its having been no renewed. 18. As between the original parties to a judgment, execution may issue at any time within six years from the recovery of the judgment. 19. 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, the party alleging himself to be entitled to execution may apply to the Court or a judge for leave to issue execution accordingly. And such Court or judge may, if satisfied that the party so applying is entitled to issue execution, make an order to that effect, or may order that any issue or question necessary to determine the rights of the parties shall be tried in any of the ways in which any question in an action may be tried. And in either case such Court or judge may impose such terms, as to costs or otherwise, as shall seem just. 20. Every order of the Court or a judge, whether in an action, cause, or matter, may be enforced in the same manner as a judgment to the same effect. 21. In cases other than those mentioned in rule 18, any person not being a party in an action who obtains any order, or in whose favour any order is made, shall be entitled to enforce obedience to such order by the same process as if he were a party to the action; and any person not being a party in an action against whom obedience to any judgment or order may be enforced, shall be liable to the same process for enforcing obedience to such judgment or order as if he were a party to the action. 22. No proceeding by audita querela shall hereafter be used; but execution. any party against whom judgment has been given may apply to the Court or a judge for a stay of execution or other relief against such judgment, upon the ground of facts which have arisen too late to be pleaded; and the Court or judge may give such relief and upon such terms as may be just. 23. Nothing in any of the rules of this order shall take away or Saving rules. curtail any right heretofore existing to enforce or give effect to any judgment or order in any manner or against any person or property whatsoever. 24. Nothing in this order shall affect the order in which writs of execution may be issued. ings under If a person against whom judgment has gone has the Proceedmeans to pay and will not do so, the Debtors Act, 1869, Debtors 32 & 33 Vict. c. 62, is applicable. The following rules were, on March, 1874, made for the purposes of carrying out the provisions of this Act: I. All applications to commit to prison under the Debtors Act, 1869, shall, in the first instance, be made to the judge in Court by notice of motion, which shall specify the date and other particulars of the order in respect of the nonobedience to which the application is made, and shall specify the amount due, and be indorsed with the name and address of the solicitor or party suing out the notice of motion; and, when the solicitor actually suing out such notice of motion sues out the same as agent for a solicitor in the country, the name and address of such solicitor in the country shall be indorsed on the notice of motion. II. The service of the notice of motion shall, whenever it may be practicable, be personal on the debtor; but, if it appears to the judge that reasonable efforts have been made to effect personal service, and either that the notice of motion has come to the knowledge of the debtor, or that he wilfully evades service, an order may be made as if personal service had been effected, upon such terms as to the judge may seem fit. III. Proof of the means of the debtor shall, whenever practicable, be given by affidavit; but, if it appear to the judge, either before or at the hearing, that a vivâ voce examination either of the debtor or of any other person or the production of any document is expedient or necessary, an order may be made commanding the attendance of any Act, 1869. such person before the judge, at a time and place to be therein mentioned, for the purpose of being examined on oath touching the matter in question, and an order may be made commanding the production of such documents. The disobedience to any such order shall be deemed a contempt of Court, and be punishable accordingly. IV. The order of committal may be in the form or to the effect stated in Schedule A. annexed to these rules, and shall, before delivery to the marshal, be indorsed with the particulars required by r. 1. V. Upon payment of the sum or sums mentioned in the order (including the fees due to the marshal), the debtor shall be entitled to a certificate in the form of Schedule B. annexed to these rules, signed by the solicitor or party actually suing out the order, and attested before an attorney or justice of the peace. VI. The marshal or his subordinate shall, within two days of the arrest, indorse on the order the true date of such arrest. Form of Order of Committal. Upon hearing, &c. [name and surname of debtor and party claiming], I do order that the said A. B. be, for default of payment of the debt hereinafter mentioned, committed to [name of prison] prison for the weeks from the date of his arrest, including the day being the amount of [state particulars of debt or liability], and which the said A. B. was, on the term of of such date, or until he shall pay £ day of of the High Court of Justice to pay to the said together with £ ordered by the Admiralty Division for costs of and attending this order; and I do order that the marshal or his substitute do take the said A. B. for |