of the Admiralty Division of the High Court of Justice, at the instance of C. D. for non-payment of a debt of £

has satisfied

the said debt, together with the costs mentioned in the said order. Dated

Witness

(Signed)

ORDER XLIII.

WRITS OF FIERI FACIAS AND ELEGIT.

1. Writs of fieri facias and of elegit shall have the same force and Writs of effect as the like writs have heretofore had, and shall be executed fi. fa., &c. in the same manner in which the like writs have heretofore been

executed.

2. Writs of venditioni exponas, distringas nuper vice comitem, fieri facias de bonis ecclesiasticis, sequestrari facias de bonis ecclesiasticis, and all other writs in aid of a writ of fieri facias or of elegit, may be issued and executed in the same cases and in the same manner as heretofore.

ORDER XLIV.

ATTACHMENT.

1. A writ of attachment shall have the same effect as a writ of Attachattachment issued out of the Court of Chancery has heretofore ment. had.

2. No writ of attachment shall be issued without the leave of the Court or a judge, to be applied for on notice to the party against whom the attachment is to be issued.

Costs of moving for an attachment are in the discretion of the Court under O. lv. (Abud v. Riches, L. R. 2 Ch. D. 528; 45 L. J. Ch. 649).

R

Attachment of debts.

ORDER XLV.

ATTACHMENT OF DEBTS.

1. Where a judgment is for the recovery by or payment to any person of money, the party entitled to enforce it may apply to the Court or a judge for an order that the judgment debtor be orally examined as to whether any and what debts are owing to him, before an officer of the Court, or such other person as the Court or judge shall appoint; and the Court or judge may make an order for the examination of such judgment debtor, and for the production of any books or documents.

2. The Court or a judge may, upon the ex parte application of such judgment creditor, either before or after such oral examination, and upon affidavit by himself or his solicitor stating that judgment has been recovered, and that it is still unsatisfied, and to what amount, and that any other person is indebted to the judgment debtor, and is within the jurisdiction, order that all debts owing or accruing from such third person (hereinafter called the garnishee) to the judgment debtor shall be attached to answer the judgment debt; and, by the same or any subsequent order it may be ordered that the garnishee shall appear before the Court or a judge or an officer of the Court, as such Court or judge shall appoint, to show cause why he should not pay the judgment creditor the debt due from him to the judgment debtor, or so much thereof as may be sufficient to satisfy the judgment debt.

This procedure has long been in use in the Common Law Divisions for decisions thereon, see Day's Common Law Procedure Acts, 4th ed., p. 314, et seq.

3. Service of an order that debts due or accruing to the judgment debtor shall be attached, or notice thereof to the garnishee, in such manner as the Court or judge shall direct, shall bind such debts in his hands.

4. If the garnishee does not forthwith pay into Court the amount due from him to the judgment debtor, or an amount equal to the judgment debt, and does not dispute the debt due or claimed to be due from him to the judgment debtor, or if he does not appear upon summons, then the Court or judge may order execution to issue, and it may issue accordingly, without any previous writ or process, to

levy the amount due from such garnishee, or so much thereof as may be sufficient to satisfy the judgment debt.

5. If the garnishee disputes his liability, the Court or judge, instead of making an order that execution shall issue, may order that an issue or question necessary for determining his liability be tried or determined in any manner in which any issue or question in an action may be tried or determined.

6. Whenever in proceedings to obtain an attachment of debts it is suggested by the garnishee that the debt sought to be attached belongs to some third person, or that any third person has a lien or charge upon it, the Court or judge may order such third person to appear and state the nature and particulars of his claim upon such debt.

7. After hearing the allegations of such third person under such order, and of any person whom by the same or any subsequent order the Court or judge may order to appear, or in case of such third person not appearing when ordered, the Court or judge may order execution to issue to levy the amount due from such garnishee, or any issue or question to be tried or determined according to the preceding rules of this order, and may bar the claim of such third person, or make such other order as such Court or judge shall think fit, upon such terms, in all cases, with respect to the lien or charge (if any) of such third person and to costs as the Court or judge shall think just and reasonable.

See Day's Common Law Procedure Acts, 4th ed., p. 371; and see ante, p. 233, n.

8. Payment made by or execution levied upon the garnishee under any such proceeding as aforesaid, shall be a valid discharge to him as against the judgment debtor, to the amount paid or levied, although such proceeding may be set aside or the judgment reversed.

9. There shall be kept by the proper officer a debt attachment book, and in such book entries shall be made of the attachment and proceedings thereon, with names, dates, and statements of the amount recovered, and otherwise; and copies of any entries made therein may be taken by any person upon application to the proper officer.

10. The costs of any application for an attachment of debts, and of any proceedings arising from or incidental to such application, shall be in the discretion of the Court or a judge.

Charging stock.

ORDER XLVI.

CHARGING OF STOCK OR SHARES, AND DISTRINGAS.

1. An order charging stock or shares may be made by any Divisional Court or by any judge, and the proceedings for obtaining such order shall be such as are directed, and the effect shall be such as is provided by 1 & 2 Vict. c. 110, ss. 14 and 15, and 3 & 4 Vict. c. 82, s. 1.

See In Re The Blakely Ordnance Co., 35 L. T. N. S. 617; 25 W. R. 111.

2a. Order XLVI., r. 2, is hereby annulled, and no writ of distringas shall hereafter be issued under the Act 5 Vict. c. 5, s. 5 (Rule 21, April, 1880). For further rules see Lely & Foulkes' Judicature Acts.

Writ of sequestra

tion.

ORDER XLVII.

WRIT OF SEQUESTRATION.

1. Where any person is by any judgment directed to pay money into Court or to do any other act in a limited time, and after due service of such judgment refuses or neglects to obey the same according to the exigency thereof, the person prosecuting such judgment shall, at the expiration of the time limited for the performance thereof, be entitled, without obtaining any order for that purpose, to issue a writ of sequestration against the estate and effects of such disobedient person. Such writ of sequestration shall have the same effect as a writ of sequestration in Chancery has heretofore had, and the proceeds of such sequestration may be dealt with in the same manner as the proceeds of writs of sequestration have heretofore been dealt with by the Court of Chancery.

See Daniel's Chancery Practice, p. 892; and The Australia, Swa. 480, as an example of the practice.

2. No subpoena for the payment of costs, and, unless by the leave of the Court or a judge, no sequestration to euforce such payment, shall be issued.

ORDER XLIX.

WRIT OF DELIVERY.

A writ for delivery of any property other than land or money Writ of may be issued and enforced in the manuer heretofore in use in actions delivery. of detinue in the Superior Courts of Common Law.

Such a writ might be employed to enforce a judgment for a plaintiff in an action of possession.

ORDER L.

CHANGE OF PARTIES BY DEATH, &C.

bank

1. An action shall not become abated by reason of the marriage, Marriage, death, or bankruptcy of any of the parties, if the cause of action sur- death, or vive or continue, and shall not become defective by the assignment, ruptcy of creation, or devolution of any estate or title pendente lite.

2. In case of the marriage, death, or bankruptcy, or devolution of estate by operation of law, of any party to an action, the Court or a judge may, if it be deemed necessary for the complete settlement of all the questions involved in the action, order that the husband, personal representative, trustee, or other successor in interest, if any, of such party be made a party to the action, or be served with notice thereof in such manner and form as hereinafter prescribed, and on such terms as the Court or judge shall think just, and shall make such order for the disposal of the action as may be just.

parties.

3. In case of an assignment, creation, or devolution of any estate Assignor title pendente lite, the action may be continued by or against the ment of person to or upon whom such estate or title has come or devolved.

estate.

4. Where by reason of marriage, death, or bankruptcy, or any New other event occurring after the commencement of an action, and parties to, marriage, causing a change or transmission of interest or liability, or by reason &c. of any person interested coming into existence after the commencement of the action, it becomes necessary or desirable that any person not already a party to the action should be made a party thereto, or that any person already a party thereto should be made a party thereto in another capacity, an order that the proceedings in the action shall be carried on between the continuing parties to the