SECTION IX.-ENTRY OF SATISFACTION OF JUDGMENT (b).

1. Consent to Entry of Satisfaction.

[Indorse the consent on a copy of the judgment thus:]

I, A. B., of

-, being the [plaintiff] named in, and the sole person entitled to the benefit of, the judgment upon an office copy [or a copy] whereof this my consent is written, hereby consent that a memorandum of satisfaction of the said judgment be entered.

Dated the

day of

19-.

Witness to the signature of A. B. :

(Signed) A. B.

a solicitor of the Supreme Court of Judicature].

(Signed) X. Y.,

Of

I, X. Y., of

as follows:

2. Affidavit verifying the above Consent (c).

[Title, &c., of action as usual.]

[a solicitor of the Supreme Court], make oath and say

day of

1. The above-named [plaintiff 4. B.] did on the 19-, in my presence sign the consent which is indorsed upon the [office] copy of the judgment herein, now produced and shown to me and marked A.

2. At the time when he signed the said consent, the said A. B. informed me, and I verily believe, that he was the sole person entitled to the benefit of the said judgment, and that the said judgment had been fully satisfied and discharged.

Sworn [&c., as usual].

This affidavit is filed [&c., as usual].

3. Master's Fiat.

[This may be indorsed on the affidavit thus:]

Let satisfaction be entered of the judgment herein [dated -].

Dated the

day of

(b) Entry of satisfaction of a judgment will be made upon a Master's or a Judge's fiat (see Practice Masters' Rules, rr. 17, 25). Where the judgment creditor's written consent to the entry has been obtained, apply to the Master ex parte, upon an affidavit verifying the consent. Where such consent cannot be obtained, apply to the Master by summons, supported by an affidavit showing that the judgment has been satisfied. (c) The affidavit should be made by the person who witnessed the judgment creditor's signature to the consent, and who, as a rule, should be a solicitor.

4. Summons to obtain Entry of Satisfaction (d).

[Title, &c., of action as usual.]

[Formal parts as usual in application to Master] for an order that satisfaction be entered of the judgment in this action dated the

19-.

Dated [&c., conclude as usual].

I, X. Y., of

1. On the

by the plaintiff

5. Affidavit in Support of above Summons.

[Title, &c., as usual.]

day of

the solicitor in this action to the above-named defen

dant C. D. [or as the case may be], make oath and say as follows :day of, 19, judgment in this action was signed against the defendant for £- debt and £ [taxed] costs, amounting together to £. State the judgment according to the facts.]

2. [Here state the facts relied on as showing that the judgment has been satisfied, e.g.] Afterwards, on the day of 19-, I, on the defendant's behalf, fully satisfied and discharged the said judgment by paying £ -, the total amount then due thereon for debt, costs and interest, to Mr. D. Z., the plaintiff's solicitor in this action, who was his agent to receive such payment. The receipt now produced and shown to me and marked A. is the receipt for the said payment, and the signature thereto is in the handwriting of the said D. Z.

3. [Here state the judgment creditor's refusal to consent to entry of satisfaction, or the applicant's inability to obtain such consent.]

Sworn [&c., as usual].

This affidavit is filed [&c., as usual].

6. Order thereon.

[Title, &c., as usual.]

-, and upon reading the affidavit of X. Y., filed herein.

19-:

It is ordered that satisfaction be entered of the judgment in this action dated the

Dated the

day of
day of

19-. 9

(d) A summons is unnecessary if the judgment creditor has given a consent in writing to the entry.

SECTION I.

II.

CHAPTER XV.

EXECUTION (a).

Fieri Facias, &c., on Julyment for Plaintiff

Elegit on Judgment for Plaintiff

III. Levari Facias

IV. Capias ad Satisfaciendum

V. Order for Committal under Debtors Act, 1869
VI. Writ of Delivery.

VIII. Equitable Execution by Appointment of Receiver

VII. Writ of Sequestration

IX. Execution for the Defendant

X. Execution by and against Persons not Parties to the

XIV. Staying Execution.

[As to Execution in actions by and against particular parties and in other special cases, see the various titles in the Index.]

(a) Execution.]-By R. S. C., Ord. XLII., r. 8, "In these Rules the term 'writ of execution' shall include writs of fieri facias, capias, elegit, sequestration, and attachment, 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 shall be applicable to the case."

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By r. 14, Every writ of execution shall bear date of the day on which it is issued. The forms in Appendix H. hereto, shall be used with such variations as circumstances may require."

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 person or property whatsoever."

By r. 29, "Nothing in this Order shall affect the order in which writs of execution may be issued."

When Execution may be issued.]-A judgment for payment of money or costs may be enforced by execution as soon as the money or costs is payable (Ord. XLII., r. 17, infra).

By Ord. XLII., r. 19, "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 the Court or a Judge shall order execution to issue at an earlier or later date with or without terms."

By Ord. XLII., r. 22, "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

SECTION I.-FIERI FACIAS, &C., ON A JUDGMENT FOR PLAINTIFF (b).

Seal a writ of fieri facias directed to the sheriff of [insert the county or city to the sheriff of which the writ is directed; see forms of directions, or the date of the order." After six years, leave to issue execution is necessary (r. 23, see post, p. 454, “Leave to issue Execution").

No Demand necessary.]—By Ord. XLII., r. 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." In cases other than those provided for by this rule, see Ord. XLI., r. 5 (ante, p. 381).

Conditional Judgment waived.]—By Ord. XLII., r. 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."

(b) Execution on Judgment for Recovery or Payment of Money.]-By Ord. XLII., r. 3, A judgment for the recovery by or payment to any person of money may be enforced by any of the modes by which a judgment or decree for the payment of money of any Court whose jurisdiction is transferred by the principal Act might have been enforced at the time of the passing thereof."

Separate Writs for Payment of Money and for Costs.]-By Ord. XLII., r. 18, “Upon any judgment or order for the recovery or payment of a sum of money and costs here 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."

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Writ of Fieri Farias.]—By Ord. XLII., r. 17, " Every person to whom any sum of money or any 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 or one or more writ or writs of elegit to enforce payment thereof, subject nevertheless as follows:

(a) If the judgment or order is for payment within a 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 execution until such time as they or he shall think fit.

By Ord. XLIII., r. 1, "Writs of fieri facias and of elegit shall have the same force and effect as the like writs have heretofore had, and shall be executed in the same manner in which the like writs have heretofore been executed."

(c) Production of Judgment and Præcipe.]—By Ord. XLII., r. 11, “No writ of execution shall be issued without the production to the officer by whom the same should

post, No. 3] against C. D., of, in the county of, upon a judgment [or order] dated the -- day of 19-, for the sum of £- - debt, and £ costs, and interest, &c. Indorsed to levy £ thereon at [4] per centum per annum from the

and costs of execution.

Dated the

and interest

day of

19—,

Edward the Seventh, by the Grace of God, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, Defender of the Faith (e). To the sheriff of, greeting (f):

We command you that of the goods and chattels of C. D. in your

be issued, of the judgment or order upon which the writ of execution is to issue, or an office copy thereof showing the date of entry. And the officer shall be satisfied that the proper time has elapsed to entitle the creditor to execution."

By r. 12, No writ of execution shall be issued without the party issuing it, or his solicitor, filing a præcipe for that purpose. The præcipe shall contain the title of the action, the reference to the record, the date of the judgment, and of the order, if any. directing the execution to be issued, the names of the parties against whom, or of the firm against whose goods, the execution is to be issued; and shall be signed by or on behalf of the solicitor of the party issuing it, or by the party issuing it, if he do so in person. The forms in Appendix G. shall be used, with such variations as circumstances may require." The above form (framed from App. G., No. 1) is the official form now in use.

(d) This form is framed from that given in R. S. C., App. H., No. 1. Its use is authorized by Ord. XLII., r. 12, supra.

(e) The name and title of the Sovereign must be properly stated.

(f) As a rule, the writ should be directed to the sheriff of the county in which it is to be executed; and if it is to be executed within a liberty, it should be directed to the sheriff of the county in which such liberty is situate. If the writ contains a non omittas clause, the sheriff may execute it in such liberty; otherwise it should be executed by the bailiff of the liberty, to whom the sheriff should direct his mandate for that purpose. In the form of fieri facias given in the R. S. C., App. H., No. 1, this clause is not given, and it is therefore omitted from the above form. The clause, should it be thought necessary in any case to introduce it, is as follows :—“ (We command you) that you omit not by reason of any liberty of your county, but that you enter the same (and of the goods, &c.)." If the sheriff be a party, the writ should be directed to the other sheriff, if there be two; or, if there be but one sheriff, then to the coroners; and if the coroners also be parties, then to persons appointed by the Court, or nominated by one of the Masters, usually called elisors.