superseded. It may be observed that the privilege of such persons (as to which, see further, inf. Sect. VII., p. 468) is a privilege from arrest, and not from any other process.

The writs of fieri facias and elegit, and writs in aid, may therefore also be issued for non-payment of money or costs in such cases; as to which, v. inf. p. 421. For process against beneficed clergymen, v. inf. p. 455.

ISSUE OF WRITS.

By O. XLII, 9, "where a judgment or order is to the effect that any party is entitled to any relief subject to or upon the fulfilment of any condition or contingency, such party may, upon the fulfilment of the condition or contingency and demand made upon the party against whom he is entitled to relief, apply to the Court or a Judge for leave to issue execution (which, by r. 8, includes all the processes for enforcing orders) against such party. And the Court or Judge may, if satisfied that the right to relief has arisen according to the terms of the judgment or order, order that execution issue accordingly, or may direct that any issue or question necessary for determination of the rights of the parties be tried in any of the ways in which questions arising in an action may be tried."

By r. 11, no writ of execution is to issue without production of the judg ment or order, or an office copy thereof; and the officer is to be satisfied that the proper time has elapsed.

Rules 12, 13, 14, and 16, relate to the præcipe and the indorsements and date of the writ. Rule 18, to issue of two separate writs of execution for money and costs respectively, the second not less than eight days after the first.

Every writ of execution is in force for a year, but it may be renewed by the leave of the Court or Judge, and on resealing the writ, or on notice of renewal signed by the party or his attorney and sealed: rr. 20, 21.

"As between original parties to a judgment or order, execution may issue at any time within six years from the recovery of the judgment or the date of the order": r. 22.

O. LXIV, 13 (v. sup. p. 172), does not apply to proceedings after judgment : Taylor v. Roe, W. N. (91) 26; 62 L. J. Ch. 391; 68 L. T. 253.

By r. 23, where six years have elapsed, or any change has taken place by death, or otherwise, in the parties entitled, or liable to execution, or where a husband is entitled or liable to execution upon a judgment or order for or against a wife; or a party is entitled to execution upon a judgment of assets in futuro; or to execution against shareholders, &c. (v. sup. p. 425), the party alleging himself to be entitled to it may apply to the Court or Judge for leave to issue it. And the Court or Judge may, if satisfied that the party applying is entitled thereto, make an order to that effect, or direct any question or issue to be tried, and in either case may impose terms as to costs or otherwise. Whether the rule applies to attachment of debts, quære: Fellows v. Thornton, 14 Q. B. D. 335.

The appointment of a receiver of the property or interest of a judgment debtor is not execution within O. XLII, rr. 8, 23, and therefore the exors of a deceased judgment creditor cannot obtain an order for the appointment of a receiver of the judgment debtor's property: Norburn v. N., (1894) 1 Q. B. 448. Leave given under r. 23 of O. XLII to issue execution against the executor of a deceased judgment debtor does not operate as a judgment against the executor; it dispenses with the necessity of recovering judgment against him, and consequently does not satisfy the requirements of sects. 14 and 15 of 1 & 2 V. c. 110: Stewart v. Rhodes, (1900) 1 Ch. 386, C. A. (commenting on Haly v. Barry, L. R. 3 Ch. 432, and Finney v. Hinde, 4 Q. B. D. 102).

A trustee in bankruptcy of a judgment creditor cannot apply under the rule unless he has first made himself a party under O. XVII, 4: Re Clements, (1901) 1 K. B. 200.

Judgment having been given with costs for a Plt who died before payment of the amount, his exors obtained leave to issue execution on an ex parte application, but without costs: Mercer v. Lawrence, 26 W. R. 506.

Leave of the Court to issue execution is also necessary in cases coming within O. XLII, 9, 22, 23; 0. XLVIIIA, 8; and in all cases of attachment: O. XLIV, 2, inf. p. 440.

By r. 28, "nothing in this order shall take away or curtail any right heretofore existing to enforce or give effect to any judgment or order in any manner, or against any property whatsoever." As to the effect of this rule, see Re Coney, C. v. Bennett, 29 Čh. D. 793.

By the Land Charges Registration and Searches Act, 1888 (51 & 52 V. c. 51), s. 6, writs affecting land are void as against a purchaser for value of the land unless registered as required by sect. 5, except in the case of writs previously registered under 27 & 28 V. c. 112, or where the proceeding in which the writ is issued is registered as a lis pendens in the name of the person whose land is affected.

The issue of a writ not being a judicial act, the Court can inquire at what period of the day it was issued: Clarke v. Bradlaugh, 18 Q. B. D. 63, C. A. An application for stay of execution under a judgment, unless made immediately after the judgment has been pronounced, must be supported by affidavit showing special circumstances: Tuck v. Southern Counties Deposit Bank, 42 Ch. D. 471, C. A.

DISCOVERY IN AID OF EXECUTION.

By O. XLII, 32, the party entitled to enforce a judgment or order for the recovery or payment of money may apply to the Judge for an order that the debtor liable, or in the case of a corporation that any officer thereof, be orally examined, as to whether any and what debts are owing to the debtor, and whether he has any and what other property or means of satisfying the judgment or order, before a Judge or an officer of the Court as the Judge shall appoint; and the Judge may make an order for the attendance and examination of such debtor, or of "any other person," and for the production of any books or documents.

By r. 33, in case of any judgment or order other than for the recovery or payment of money, if any difficulty arises in or about the execution or enforcement thereof, any party interested may apply to the Judge, who may make such order thereon for the attendance and examination of any party or otherwise as may be just.

By r. 34, the costs of any application under the last two preceding rules, or either of them, and of any proceedings arising from or incidental thereto, are to be in the discretion of the Judge, or of such officer as in r. 32 mentioned, if the Judge shall so direct.

The examination under r. 32 is intended to be of the severest kind, and the debtor must answer all questions and give all particulars necessary to enable the interrogating party to recover under garnishee proceedings: Republic of Costa Rica v. Strousberg, 16 Ch. D. 8, C. A.

A garnishee against whom an order absolute has been made is liable to be examined under the rule: Cowan v. Carlill, 33 W. R. 583; 52 L. T. 431. The words " any other person, " in r. 32, refer to the case of a corporation, and do not authorize the examination of the manager of the debtor's business in place of the debtor himself: Irwell v. Eden, 18 Q. B. D. 588, C. A.

The debtor is only entitled to a reasonable sum for conduct money, and not to payment for expenses and loss of time upon attendance at the examination, under O. XXXVII, 9: Rendell v. Grundy, (1895) 1 Q. B. 16, C. A.

On taxation of costs, the costs of the examination ought not to be treated as "luxuries": Adlington v. Conyngham, (1898) 2 Q. B. 492, C. A. And as to discovery in aid of execution, see further Dan. 756, 757; D. C. F. 465, 466; Edw. Exton., 64 et seq.

(II.) SUBSTITUTED SERVICE.

1. Substituted Service of Judgment or Order.

WHEREAS by the judgment [or order] dated &c., it was ordered [Recite directions required to be performed]; Now upon motion &c., or (upon the application &c., and upon hearing the solrs for the applicant) who alleged [state from affidavit to the effect] that the Plt hath been

unable to serve the Deft B. with the said judgment [or order], although due diligence hath been used for that purpose, as by the affidavit of &c. filed &c. appears; and upon reading the said judgment [or order], and affidavit, This Court doth order, that service of the said judgment [or order], dated &c., together with a copy of this order, upon at [or upon C. D. &c., members of the firm of &c., or one of them], be deemed good service on the said Deft B.

For order for service of the judgment with a copy of the order for service on the Deft's solr, and also by sending copies thereof through the post in a registered letter addressed to the Deft's place of business, see Nichols v. Pedder, M. R., 14 March, 1879, B. 482.

NOTES.

An order (other than an order for discovery: O. XXXI, 22; and see Joy v. Hadley, 22 Ch. D. 572, and inf. p. 443) requiring any act to be done, the non-performance of which will be a contempt of Court, must be personally served on the party required to perform the act, by delivering and producing a true copy duly indorsed, and producing the original judgment or order duly passed and entered, unless substituted service is expressly authorized. Where the order is for payment of money, or delivery or transfer of any property, actual demand on effecting service has been rendered unnecessary by O. XLII, 1.

The rule does not make service on the judgment debtor necessary before suing out fi. fa. or elegit under r. 17: Land Credit Co. of Ireland v. Fermoy, 5 Ch. 323.

Where an order for payment of costs was served on the solr acting in the taxation, the applicant was allowed to sue out a fi. fa. against the client at his own risk: Re A Solicitor, 33 W. R. 131.

Service of an order for discovery or inspection made against any party on his solr shall be sufficient service to found an application for attachment for disobedience to the order: O. XXXI, 22.

Service of a judgment or order requiring personal service cannot be effected by filing it with the proper officer under O. XIX, 10: Cunliffe v. Ashworth, V.-C. H., at Chambers, 1 Aug. 1878; and see O. LXVII, 5.

The order for substituted service may be obtained at Chambers. For form of summons, see D. C. F. 432, and for the practice, see Dan. 809 et seq.; Skegg v. Simpson, 2 D. & S. 454; Burlton v. Carpenter, 11 Beav. 33; Re Mourilyan, 13 Beav. 84; Griffiths v. Cowper, 2 D. F. & J. 208; 2 Gif. 230; Rider v. Kidder, 12 Ves. 202; De Mandeville v. De M., Ib. 203; Deanes v. Kitchen, 13 Eq. 461; Lechmere v. Clamp, 9 W. R. 355; 30 L. J. Ch. 651; Bland v. B., L. R. 3 P. & M. 233; Exp. Chatteris, 10 Ch. 227.

The affidavit in support should show how service is proposed to be substituted, and that every effort has been made to effect personal service.

SECTION II.-RECOVERY OF MONEY, LAND, OR OTHER PROPERTY. 1. Order under Sect. 14 of Judicature Act, 1884, to execute Deed. UPON the application &c., And the Deft M. having refused or neglected to execute a settlement in pursuance of the order dated &c., Let a proper settlement in accordance with the order dated &c., be

settled by the Judge, And Let the Deft M. within four days after service of this order and tender to him of such proper settlement for execution, execute the same; costs of application to be costs in the cause.-Mitchell v. M., Pearson, J., at Chambers, 4 May, 1885, B. 619.

For form of application, see D. C. F. 477.

2. Master nominated under sect. 14 of Judicature Act, 1884, to execute Deed.

UPON motion &c., and upon reading an order dated &c., whereby it was ordered that the Deft G. should within ten days after service of the order execute such transfers, authorities, and documents as should be necessary or proper for the purpose of vesting the property mentioned in the schedule thereto, and the right to demand delivery of, sue for, and recover and transfer the said property, or any part thereof, so far as relates to the property numbered &c., in the first part of the said schedule to B. and K., and so far as regards the remainder of the said property in the same schedule to G., and carrying out the directions contained in the judgment dated &c., such documents to be settled by the Judge in duplicate, the Master's certificate dated, &c., and setting forth a description of the transfers, authorities, and documents settled pursuant to the said order dated &c., an affidavit of &c., filed &c., whereby it appears that the said G. has not executed the said transfers, authorities, and documents, This Court doth nominate W., one of the Masters of the Supreme Court, to execute on behalf of G. the transfers, authorities, and documents, in the Master's certificate dated &c., mentioned; G. to pay Plt's costs of motion.-Gudin v. G., Pearson, J., 24 July, 1885, A. 1091; and see Re Edwards, Owen v. Edwards, 33 W. R. 578.

3. Registrar nominated to execute Deed.

WHEREAS by the order dated &c., the Deft was directed within days after service thereof and tender of a conveyance of the therein-mentioned mortgaged premises and hereditaments to convey to the Plts, or as they might direct, the said mortgaged premises and hereditaments; And whereas it appears by an affidavit of filed &c., that on the day of, Messrs. H. and H., the Plt's solrs, sent to Mr. S., the Deft's solr, a draft of the conveyance to be executed by the Deft pursuant to the said order for perusal, which the said Mr. S. has not returned, and that on the - day of a true copy of the said order was served upon the Deft's said solr, and at the same time an engrossment of the said draft conveyance was handed to him for execution by the Deft, and that the Deft has neglected to execute the said conveyance in compliance with the said order. Now upon motion &c. by counsel for the Plts, And upon reading &c., This Court Doth, in pursuance of the 14th section of the Supreme Court of Judicature

-

Act, 1884, appoint C. C., the Registrar of the Supreme Court in attendance on this Court, to execute such conveyance instead of the Deft. And Let such conveyance be executed by the said C. C. accordingly.-Hoare and Co. v. Gray, Stirling, J., 9 Sep. 1887, A. 1456; 31 Sol. J. 744.

4. Official Solicitor nominated to execute Transfer of Stock standing in the name of a Married Woman.

WHEREAS by the order dated &c., made upon motion by counsel for L. C. L., W. L. and T. L., It was ordered that M. C. should within &c. after service of that order and of an order in C. v. C., 18-, &c. permitting the transfer thereby directed, execute a transfer to the applicants of so much of the £, £— and £- New Consols standing in her name as in the said order mentioned as should be equal to the sum of New Consols to be certified by the taxing master as by the said order directed; And whereas the sum of £ is the sum of New Consols so certified by the taxing master's certificate dated &c. Now upon the application of H. H. H. B. of, &c., transferee from the said L. C. L., W. L. and T. L.; And upon hearing counsel for the applicant and for the said L. C. L., W. L. and T. L., and M. C. and the solrs for T. G. P. and E. C., the assignees of the said H. H. H. B.; And upon reading the said orders and taxing master's certificate &c., an affidavit of of service of the said order dated &c., and of the said order in C. v. C. therein referred to upon the said M. C., and the order of the C. A. dated &c.; And the said L. C. L., W. L. and T. L., by their counsel consenting, the Judge Doth nominate Mr. H. L. P., the official solr of the Supreme Court, to execute on behalf of the said M. C. a transfer to the said T. G. P. and E. C., the assignee of the said H. H. H. B., of the said sum of £- New Consols, part of the said sum of £—, £ and £- New Consols standing in the name of the said M. C. in the books &c. of the Bank of England mentioned in the injunction granted on the day of &c. in the action of C. v. C.; And Let the said Mr. H. L. P. execute such transfer accordingly ;-Costs.See Re Lumley, North, J., 16 Jan. 1893, B. 35; S. C., 27 Jan. 1893, (1893) W. N. 13.

In this case the married woman M. C. appeared by counsel, and no recital of disobedience to order was inserted.

5. The like, where Stock standing in the name of a Person formerly alleged to be Lunatic.

UPON the application by summons &c. of J. T. C. &c., the Petr for an order for inquiry in the matter of M. C., a person alleged to be of unsound mind, and heard before me this day in my private room in the presence of counsel for the applicant and for M. C.; And upon reading &c., an order dated &c., made in the matter of M. C., a person formerly alleged to be of unsound mind, a certificate dated &c.; Let H. L. P., the official solr to the Supreme Court, be nominated to execute