PART I. Service of judgment or order; When necessary; How served. appears to such summons or not (c). Where it appeared on the face of a warrant that the defendant had personally appeared at the hearing of the plaint, it was held good, although there had been no summons, and the order was made at an adjournment of the hearing (d). See further as to orders and warrants to commit defendants, post, Chap. X. Service of Judgment or Order.]—The judgment of a county court is similar to that of a superior court, and does not require to be served before execution under it is levied. Where, therefore, the defendant, having received a summons, but failed to appear, was ordered verbally to pay the debt and costs "forthwith," and between six and seven o'clock on the same day was served with an order, whereby it was "ordered that the defendant do pay the same (the sum adjudged) to the clerk of the court at his office forthwith, &c.," "attendance at the office from ten till four o'clock;" and the defendant, not having paid the sum adjudged, his goods were taken in execution, it was held that the proceedings were regular (e). Where, however, the order of the court is in the nature of a rule of a superior court-as where it varies the terms of a former order-it must be served before a party is liable to pay under it (f). By the rules of practice, orders for the payment of money or costs, or both, must in all cases, when directed to be served, be prepared by the registrar, and delivered to the bailiff of the home court, who must send them, by post or otherwise, to the party ordered to pay, and must enter the fact of his having done so in a book. The party, however, in whose favour the order was made need not prove that it was so served before taking proceedings thereon (g). (c) Rule 162. (d) Ex parte Purday, 9 C. B. 201; S. C., 19 L. J., C. P. 222. (e) Ely v. Moule, 5 Exch. 918; S. C., 1 L. M. & P. 799; 20 L. J., Exch. 29; 14 Jur. 1070. (f) Ibid. (g) Rules 32 and 140. The rule of 1851 was less stringent than rule 140. See Robinson v. Gell, 12 C. B. 191; S. C. 21 L. J., C. P. 155; 16 Jur. 615. In which it was held that no action lay against a clerk for not preparing, or for negligently preparing, a notice to a defendant of an order against him to pay a debt by instalments, which order was made by the judge at the time of delivering judgment; such order being part of the judgment, and in accordance with the decision in Ely v. Moule, ante, not requiring service. Registry of Registry of Judgments.]-The 15 & 16 Vict. c. 54, CHAP. VIII. s. 18, provides that a registry of every judgment for the sum of 101. and upwards shall be formed under the direc- judgments. tion of the Commissioners of the Treasury; and that such fees shall be charged for inspection as shall be appointed by the Commissioners. A Registry was established in 1852 under the above power at No. 2, New Street, Spring Gardens, London, where all such judgments are registered. Persons may personally search the registry on payment of 6d. for each name searched for. Persons in the country may obtain information through the registrar of the court in the district where they reside, or by writing to the registry. In these cases the fee is 1s. for each name. When a judgment has been satisfied, the name of the defendant may be removed from the registry on payment to the registrar of the court of 6d. (h). A return of every judgment entered in the City of London Court for 101. or upwards is to be transmitted to the Registry (i). (k) 15 & 16 Vict. c. 54, s. 18, P. 410. (i) Rule 268. Proceedings on Judgment more than Six Years old.]— No warrant against the goods or judgment-summons may issue on a judgment more than six years old, unless some payment has been made into court under such judgment within twelve months previously, or unless the judge on being satisfied that the judgment creditor has used all due diligence grants leave for it to issue; but no notice to the defendant, previous to applying for such leave, is necessary. Such leave must be expressed on the warrant or summons under the seal of the court (a). CHAP. IX. Writ of Fieri Facias.]-When the judge has made an Writ of fieri order for the payment of money, the amount is recover- facias. able, in case of default, by execution against the goods, and the registrar, at the request of the party prosecuting the order, will issue under the seal of the court a writ of fieri facias as a warrant of execution to the high bailiff, who is thereby empowered to levy or cause to be levied by distress and sale of the goods and chattels of the party against whom the order is made (wherever they are found within the district of the court), the sum ordered and costs of execution (b). The warrant bears date of the day on which it is issued, and continues in force twelve calendar months from the date, and no longer (c). When it may Issue.]-Where a defendant has made When it may default in payment of the whole amount awarded by the issue. judgment or of an instalment thereof, execution may issue against his goods, without leave of the court, for the whole amount of the judgment and costs then remaining unsatisfied, unless in the case of instalments the judge otherwise specially directs at the time of giving judgment (d). When an order has been made to pay by instalments, execution cannot issue until default is made in payment of one instalment; execution or successive executions, under the seal of the court, may then issue for the whole sum and costs remaining unpaid, or for such portion hereof as the judge orders, either when he makes the original order or subsequently (e). Formerly a plaintiff, who had recovered a judgment for debt and costs, and had received the debt out of court, was entitled to have a writ of execution issued for the costs; and, in a case where under these circumstances the clerk of the county court declined to issue an execution, the Court of Queen's Bench granted a mandamus com (a) Rule 144. (b) 9 & 10 Vict. c. 95, s. 94, p. 410. See forms of writs of execution against defendant and against plain tiff, App. (c) Rule 151. (e) 9 & 10 Vict. c. 95, s. 95, p. 411. PART I. Cross judg ments. Suspension of execution. How issued. Concurrent warrants. manding him to issue it (f). Now, however, as all money recovered, whether debt or costs, must be paid into court, this question cannot arise (g). Cross Judgments.]-Where there are cross judgments between the parties, execution must be taken out by that party only who has obtained judgment for the larger sum, and for as much as remains after deducting the smaller sum, and satisfaction for the remainder is entered, as well as satisfaction for the smaller sum. If the sums are equal, satisfaction is entered on both judgments (h). - Suspension of Execution.] — The judge may, at any time, if it appears to. his satisfaction by the oath or affirmation of any person or otherwise, that the defendant is unable from sickness or other sufficient cause to pay the debt, damages, or instalment, suspend any judgment, order or execution for such time and on such terms as he thinks fit, and so from time to time, until it appears, from like proof, that the temporary cause of disability has ceased (i). How Issued.]-The registrar of the court must issue the warrant of execution at the request of the party prosecuting the order under which it is applied for(j). The registrar must indorse on it the amount to be levied, distinguishing the amount adjudged to be paid, the amount of the fee for issuing the warrant, and deliver to the bailiff with the warrant a notice, which is to be delivered by the bailiff to the party against whom the warrant issues, or left at the place of seizure (k). The precise time when the warrant is applied for must be entered by the registrar in the warrant-book and on the warrant (l). Concurrent Warrants.]-Warrants of execution may be issued concurrently in one or more districts; but the costs of more than one warrant will not be allowed, unless by order of the judge (m). (f) Reg. v. The Clerk of the (g) 19 & 20 Vict. c. 108, s. 45, p. (i) Ib. s. 105, p. 418. See form of order 66, App. (j) 9 & 10 Vict. c. 95, s. 94, p. 410. (k) Rule 153. See form 37, App. (1) 19 & 20 Vict. c. 108, s. 46, p 410. (m) Rule 154. |