O. XLI, rr. 1–5. cial circumstances). The satisfaction piece shall be entered in the office in which the judgment is entered. RR. 643, 644, (0), ат. ORDER XLI. 469 Judgment or order to be obeyed without demand. 470 Waiver of conditional judgment or order. [Cf.R. 638, (O)). 471 Enforcing judgment for the payment of money. EXECUTION. 1. Where any person is by any judgment or order directed to pay any money, or to deliver up or transfer any property real or personal to another, it shall not be necessary to make any demand thereof, but the person so directed shall be bound to obey such judgment or order upon being duly served with the same without demand. O. 42, r. 1, (E). 2. Where any person who has obtained any judgment or order upon condition does not perform or comply with such condition, he shall be considered to have waived or abandoned such judgment or order so far as the same is beneficial to himself, and any other person interested in the matter may on breach or non-performance of the condition take either such proceedings as the judgment or order may in such case warrant, or such proceedings as might have been taken if no such judgment or order had been made, unless the Court or a Judge shall otherwise direct. O. 42, r. 2, (E). 3. A judgment for the recovery by or payment to any person of money may be enforced by any of the modes by [Cf. R. 837,(0)]. which a judgment, decree or order for the payment of money of the Supreme Court or of the Supreme Court in Equity might have been enforced at the time of the commencement of these Rules. O. 42, r. 3, (E), am. 472 Enforcing judgment for 4. A judgment for the payment of money into court may payment into be enforced by writ of sequestration, or in cases in which at[Cf. R. 839.(0)1. tachment is authorised by law, by attachment. O. 42, Court. 473 Judgment for the recovery of land. (R. 846, (O)]. r. 4, (E). 5. A judgment for the recovery or for the delivery of the possession of land may be enforced by writ of possession. 0. 42, r. 5, (E). 6. A judgment for the recovery of any property other than land or money may be enforced : (a) By writ for delivery of the property; (b) By writ of attachment; (c) By writ of sequestration. O. 42, r. 6, (E). O. XLI. rr. 6-11. 474 Enforcing judgment for recovery of other property. [Cf. R. 852, (O)]. 475 do or abstain 7. A judgment requiring any person to do any act other Judgment to than the payment of money, or to abstain from doing any- from any act. thing, may be enforced by writ of attachment, or by committal. [R. 853, (0)], O. 42, r. 7, (E). 476 "writ of execu [Cf. R. 836, (O)]. 8. In these Rules the term writ of execution" shall Meaning of include writs of fieri facias, sequestration, and attach-tion," etc. ment, and all subsequent writs that may issue for giving effect thereto. And the term "issuing execution against any party" shall mean the issuing of any such process against his person or property as under the preceding Rules of this Order or otherwise shall be applicable to the case. O. 42, r. 8, (E), am. 477 Execution of judgment on [Cf. R. 841, (O)]. 9. Where a judgment or order is to the effect that any party is entitled to any relief subject to or upon the fulfilment condition. of any condition or contingency, the party so entitled 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 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 the determination of the rights of the parties be tried in any of the ways in which questions arising in an action may be tried. O. 42, r. 9, (E). 478 of name and writ of execu [R. 868, (0)]. 10, Every writ of execution shall be endorsed with the Indorsement name and place of abode or office of business of the solicitor address on issuing the same; in case no solicitor shall be employed to tion. issue the writ, then it shall be endorsed with a memorandum expressing that it has been issued by the plaintiff or defendant in person, as the case may be, mentioning the city, town, or parish, and also the name of the street, and number, if there Le any, of the house of his residence. O. 42, r. 13, (E), am. 11. Every writ of execution shall bear date of the day on which it is issued, and shall be prepared and issued by the 479 Date and issue execution. O. XLI. Fr. 12-15. party entitled to execution or by his solicitor. The Forms in Appendix H. shall be used with such variations as circumstances may require. O. 42, r. 14, (E), am. 480 Expenses of execution. [R. 871, (O)]. 481 Amount of money, etc., to be indorsed on writ. 482 When fi. fa. to enforce pay 12. In every case of execution the party entitled to execution may levy the poundage, fees, and expenses of execution over and above the sum recovered. O. 42, r. 15, (E). 13. Every writ of execution for the recovery of money shall be indorsed with a direction to the sheriff, or other offcer or person to whom the writ is directed, to levy the money really due and payable, and sought to be recovered under the judgment or order, stating the amount, and also to levy interest thereon, if sought to be recovered, at the rate of 5 per cent. per annum, from the time when the judgment or order was entered or made; provided that, in cases where there is an agreement between the parties that more than 5 per cent. interest shall be secured by the judgment or order, then the indorsement may be accordingly to levy the amount of interest so agreed. O, 42, r. 16, (E), am. 14. Every person to whom any sum of money or any ment of money costs shall be payable under a judgment or order shall, so soon as the money or costs shall be payable, be entitled to sue out one or more writ or writs of fieri facias to enforce payment thereof, subject nevertheless as follows: or costs may be sued out. [R. 843, (O)]. 483 Execution of judgment for money and costs. (a) If the judgment or order is for payment within at period therein mentioned, no such writ as aforesaid shall be issued until after the expiration of such period; (b) The Court or a Judge may, at or after the time of giving judgment or making an order, stay execu tion until such time as they or he shall think fit. O. 42, r. 17, (E). 15. Upon any judgment or order for the recovery or payment of a sum of money and costs, there may be, at the election of the party entitled thereto, either one writ or separate writs of execution for the recovery of the sum, and for the recovery of the costs, but a second writ shall only be for costs and shall be issued not less than eight days after the first writ. O. 42, r. 18, (E). O. XLI, rr. 16-20, 484 Time for 16. A party who has obtained judgment or an order, not being a judgment for payment of money or costs, or for the recovery of land, may issue execution in fourteen days, unless execution, the Court or a Judge shall order execution to issue at an money or earlier or later date with or without terms. O. 42, r. 19, (E). except for costs. 485 writ of execu tion. [Cf. R. 872, (O)]. 17. A writ of execution, if unexecuted, shall remain in Renewal of force for two years only from its issue, unless renewed in the manner hereinafter provided; but such writ may, at any time before its expiration, be renewed by the party issuing it for two years from the date of such renewal, and so on from time to time during the continuance of the renewed writ, by such party giving a written notice of renewal to the sheriff, signed by the party or his solicitor; and a writ of execution so renewed shall have effect, and be entitled to priority, according to the time of the original delivery thereof. O. 42, r. 20, (E), am. 486 renewal. 18. The production of a writ of execution, with the notice Evidence of renewing the same purporting to be signed as in the next preceding Rule mentioned, shall be sufficient evidence of its having been so renewed. O. 42, r. 21, (E), am. 19. As between the 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. O. 42, r. 22, (E). 20. In the following cases, viz: 487 Execution to six years. issue within [Cf. R. 863, (O)]. 488 execution. (*) Where six years have elapsed since the judgment or Leave to issue (b) Where a husband is entitled or liable to execution (c) Where a party is entitled to execution upon a judg- (d) Where a party is entitled to execution against any 0. XLI. rr. 21-26. 489 Orders enforceable like judgments. (Cf. R. 835, (0)]. 490 Execution by or against person not a party. 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 be just. O. 42, r. 23, (E). 21. Every order of the Court or a Judge in any cause or matter may be enforced against all persons bound thereby in the same manner as a judgment to the same effect. O. 42, r. 24, (E). 22. Any person not being a party to a cause or matter, who obtains any order or in whose favor any order is made, [Cf. R. 865, (0)1. shall be entitled to enforce obedience to such order by the same process as if he were a party to such cause or matter; and any person not being a party to a cause or matter, 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 such cause or matter. O. 42, r. 26, (E). 23. No proceeding by audita querela shall hereafter be used; but 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 a Judge may give such relief and upon such terms as may be just. O. 42, r. 27, (E). 24. 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 person or property whatsoever. O. 42, r. 28, (E). 25. Nothing in this Order shall effect the order in which writs of execution may be issued. O. 42, r. 29, (E). 26. If a mandamus, granted in an action or otherwise, or a mandatory order, injunction, or judgment for the specific per |