name and 708. Every writ of execution shall be indorsed with the Indorsement of name and place of abode or office of business of the solicitor address of actually suing out the same; and when the solicitor actually solicitor. suing out the writ sues 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 is 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 other place, of such plaintiff's or defendant's residence, if any such there be. O.R., 889. 709. Upon every execution there may be levied, in addition Poundage, &c. to the sum recovered by the judgment, the poundage, fees, expenses of execution and interest upon the amount recovered. O.R., 890. Sheriff to be 710. Every writ of execution for the recovery of money Direction to shall be indorsed with a direction to the sheriff, or other indorsed. officer or person to whom the writ is directed, to levy the money really due and payable and sought to be recovered under the judgment, stating the amount, and also to levy interest thereon, if sought to be recovered, at the rate of six per cent. per annum from the time when the judgment was entered up; provided that in cases where there is an agreement between the parties that more than six per cent. interest shall be secured by the judgment, then the indorsement may be accordingly to levy the amount of interest so agreed. O.R., 891. Indorsement of amounts to be writs. 711. It shall be the duty of every officer issuing a writ of execution, or renewal thereof, to indorse upon the same a paid for costs memorandum signed by him of the amount or amounts respectively hereinafter mentioned, which the party issuing such writ is entitled to receive for suing out such writ or renewal and placing it in the sheriff's hands, including all attendances, indorsements, &c., and for his costs of any prior or other writs, or renewals, specifying the amount allowed for each writ or renewal; and no sum not so endorsed by the officer is to be collected for such costs. O.R., 892. 712. Every writ of execution shall bear date of the day on Date. which it is issued. The forms in the Schedule to these Rules may be used, with such variations as circumstances may require. O.R., 893. 713. The production of a writ of execution, purporting to Proof of renewal. be renewed in the manner provided by "The Executions Act," shall be sufficient prima facie evidence of its having been renewed. O.R., 895. Inventory. SALE UNDER WRIT. 714. Where any goods or chattels are seized in execution under a writ issued out of the Court, the Sheriff, or his Deputy or other officer who seized the same, shall, without request, deliver to the owner, his agent or servant, or leave upon the premises where the seizure is made an inventory thereof, before they are removed from the premises on which Notice of sale. they have been so seized; and no Sheriff or other officer shall sell any effects under a writ of execution until he has, previously thereto, given at least eight days public notice in writing of the time and place of sale in at least three public places in the Municipality where such effects have been taken in execution. O.R., 899. Return where goods remain in unsold. 715. It shall be the duty of the Sheriff in every case where Sheriff's hands goods seized by him under execution remain unsold in his hands for want of buyers, to state and specify, in his return of "goods on hand," the time and place when and where such goods were offered for sale by him, and the names of at least three persons who were present at the time of such attempted sale, if so many were present, but if so many were not present, then the names of those who were present, if any, and that there were no others, and if no person was present then to state that fact. O.R., 900. Orders to return writs. Such orders to issue on praecipe. Return to order. Return orders may be issued by RETURN OF WRITS, ETC. 716. All orders against Sheriffs to return writs shall be returnable in six days, and shall be issued from the same office whence the writ was issued out. O.R., 908. 717. No Judge's order shall issue for the return of any writ, but a præcipe order shall issue for that purpose out of the office from which the writ issued, which shall be of the same force and effect as side bar rules formerly made for that purpose. O R., 909. 718. The Sheriff shall file the writ in the office from which the order to return the same was issued, at the expiration of the order or as soon after as the office shall be open, and the officer with whom it is filed shall indorse the day and hour when it was filed. O.R., 910. 719. Every Deputy Clerk of the Crown and Pleas, or DeDeputy Clerks. puty Registrar, may sign and issue orders on any Sheriff to return writs issued out of the office of such Deputy Clerk or Deputy Registrar, and directed to such Sheriff; and the Sheriff shall, in case of his being served therewith, return the writs to the office from which the same issued. O.R., 912. entitled to fees ordered. 720. In case a writ delivered to a Sheriff for service or exe- Sheriff when cution has remained in his hands thirty days, and in case he when return has not been delayed from returning the same by an order in writing from the party from whom he received the writ, his solicitor or agent, and in case he is afterwards directed by order of Court to return such writ, he shall not be entitled to any fees thereon unless, within four days after being so directed, he returns or encloses the writ by post to such party, his solicitor or agent. O.R., 913. return by party 721. In case the party who delivered any writ or process Demand for to any Sheriff to be executed, by himself or by his solicitor, who delivered or by the agent of such solicitor, requires, by a demand in writ. writing, the Sheriff to return the writ either to the party or to his solicitor or solicitor's agent, or to the Court from which the writ issued, (and whether such requisition is made before or after the service or other execution thereof) the Sheriff shall within eight days, inc'usive of the day of service of the requisition, return the writ aecording to the terms of the requisition; and in case the Sheriff wilfully refuses or neglects to do so, he shall be liable to be ordered to return the writ, and to be further proceeded against as in other cases of coutumacy. O.R., 914. 722. In all cases where the party to the writ or process, who did not deliver the same to the Sheriff to be executed, is entitled, according to the practice of the Court, to call for a return of the writ or process, he may proceed in like manner to procure such return as is above provided in the case of parties who have delivered the writ or process to the Sheriff for execution. O.R., 915. Other party entitled to return may proceed in like manner. Sheriff for costs writs. 723. In every case in which a Sheriff neglects or refuses to Liability of return any writ when so called upon, he shall be bound to pay for not returning the costs of any order taken out to compel the return, and all other costs consequent thereon, and also the costs of the previous requisition to make the return. O.R., 916. on Sheriff not necessary, 724. In no case shall personal service on the Sheriff Le Fersonal service necessary, if it appears by affidavit that inquiry was made for him and that he could not conveniently be found; but service shall be deemed to have been made upon the Sheriff by serving the Deputy Sheriff if he can be conveniently found; and if the Deputy Sheriff cannot conveniently be found, then service may be made upon the Sheriff's Clerk, or upon any bailiff of the Sheriff who may for the time being be present in, or have charge of, the Sheriff's office. O.R., 917. above Rules to 725. All rules referring to writs of execution shall extend Application of and apply to coroners, District Registrars and elisors employ- Coroners, District Attachment for non-return of writs. Issue of writ after extension of ed in the service or executing of the process of the Court. O.R., 918. 726. In case a writ is issued out of the Court directed to a Sheriff, and is delivered to him for execution, and in case the Sheriff is ordered to return the same by any order of the Court out of which the writ issued and does not make the return within the time specified in the order, the plaintiff or defendant in the writ (as the case may be) may move for an order of attachment against the Sheriff, and the Court or a Judge may order the Sheriff to be attached, or limit a further period after which an order of attachment shall issue unless a return be made in the meantime, or may otherwise order as to him seems proper. O.R., 919. 727. In case the writ is not returned at the expiration of time for return. any further time limited by the order mentioned in the last preceding Rule, and in case the service of the order and the failure of the Sherit to return the writ is proved, the Court or Judge may order a writ of attachment to issue forthwith against the Sherifi: O.R., 920. Upon return to such attachment Judge in Chambers may direct issue of 728. Upon the return of "cepi corpus" to any such attachment, any Judge having jurisdiction as aforesaid may direct the issue of a writ of habeas corpus, and thereupon may habeas corpus. exercise the same powers and discretion in committing the Sheriff to close custody, or in admitting him to bail, and in all other respects, as are possessed by the Court. O.R., 921. Such writs may be returnable on a day certain. Neglect of to Sheriff. 729. All orders of attachment and writs of habeas corpus issued against a Sheriff may be returnable on a day certain, to be fixed by the order of the Judge or Court; and the return day shall not be more than thirty days from the issuing of the order. The order when issued out of the Court shall be made returnable before the presiding Judge in Chambers. 922. O.R., 730. Every Deputy Sheriff, bailiff, or other Sheriff's officer to return process or clerk, entrusted with the custody of any writ or process, or of any book, paper or document belonging to the said Sheriff or his office, shall, upon demand upon him by such Sheriff, restore and return such writ, process, book, paper or document to the custody of the said Sheriff'; and in case of any neglect or refusal to return or restore the same as aforesaid, the party so neglecting or refusing may be required by an order of the Court or of any Judge to return and restore such writ, process, book, paper or document to such Sheriff, and may be further proceeded against by attachment, as in other cases of contumacy to orders of Court. O.R., 923 Sheriff's officer 731. If any Deputy Sheriff, bailiff or Sheriff's officer has in Order compelling his possession, custody, or control, any writ of summons, fieri to deliver facias, or other writ, or any bench warrant or process whatso- process, ever, and upon demand made by the Sheriff from whom the same was received or his successor in office, or by any other party entitled to the possession of the same, neglects or refuses to deliver up the same, such Sheriff or his successor in office, or the party entitled to the possession of the same, may proceed before a Judge in Chambers, or the Local Judge of the Judicial District for which such Sheriff acts, to compel the production thereof; and the order made thereupon may be enforced in the same manner as like orders for the return of writs against Sheriffs, and with or without costs, or the motion may be refused with costs against the party applying, in the discretion of the Judge or Local Judge aforesaid. O.R., 924. EXAMINATION OF JUDGMENT DEBTORS. judgment debtor 732. Where a judgment is for the recovery by, or payment Examination of to, any person, of money, the party entitled to enforce the without order. judgment may without an order examine the judgment debtor upon oath before a Master, or a special examiner, or before one of the Clerks or Deputy Clerks of the Crown and Pleas, (or by the order of the Court or a Judge before any other per- Upon order. son to be specially named in such order), touching his estate and effects, and as to the property or means he had when the debt or liability which was the subject of the action in which judgment has been obtained against him was incurred, and as to the property and means he still has of discharging the said judgment and as to the disposal he has made of any property since contracting such debt or incurring such liability, and as to any and what debts are owing to him O.R., 926. 733. In case the judgment is against a body corporate, or an order for the payment of money has been obtained against a body corporate, the person entitled to enforce the judgment or order may in like manner examine any of the officers, past or present, of such body corporate upon oath before any of the officers referred to in the next preceding Rule, touching the names and residences of the stock holders or former stockholders in said body corporate, the amount and particulars of stock held or owned by each stockholder or formerly held or owned, and the amount paid thereon; also as to any and what debts are owing to the said body corporate; and as to the estate and effects of the body corporate; and as to the disposal made by the body corporate of any property since contracting the debt or liability, in respect of which the said judgment or order was obtained. O.R., 927. |