Name (or Names) of the Person whose Estate is intended to be affected.

Surname. Christian name or names.

Usual or last known place Title, trade, or of abode. profession.

3. Declaration by Applicant who is not a Solicitor (p).

I, A. B., of solemnly and sincerely declare that the writ [or order], whereof the particulars are set forth in the application for registration thereof, marked A., and now produced and shown to me, was actually issued [or made] at the time and in the manner in the said application mentioned, and that the particulars set forth therein are to the best of my knowledge, information and belief true.

And I make this solemn declaration, conscientiously believing the same to be true, by virtue of the provisions of the Statutory Declarations Act, 1835.

Declared at before me,

in the county of

this

(Signed) A. B. day of

19—,

C. C.,

A commissioner for oaths.

4. Summons to vacate Registration of Writ or Order (g).

[Formal parts as usual in application to Julge] for an order that the registration, entered in the name of the [defendant], at the Land Registry Office, on the day of, 19, of the writ of elegit [or order for a receiver, or as the case may be] herein, dated the day of 19-, be vacated [on the ground that the judgment in this action has been satisfied] [and that the costs of this application be].

Dated [&c., conclude as usual].

(n) The registration of a writ or order ceases to have effect at the expiration of five years from the date of registration, but may be renewed from time to time, and if renewed has effect for five years from the date of the renewal (51 & 52 Vict. c. 51, s. 5 (3)).

The above is the official form now in use.

(0) Here state the nature of the writ or order.

(P) By the Land Charges Rules, 1889, r. 2, this declaration is required whenever the application to register is made by a person who is not a solicitor.

(g) By the Settled Land Act, 1890 (53 & 54 Vict. c. 69), s. 19, "the registration of a writ or order affecting land may be vacated pursuant to an order of the High Court or any Judge thereof." The order is usually made ex parte on affidavit, but the Judge may direct a summons to issue.

5. Order vacating Registration of Writ or Order (r).

[Formal parts as usual.] It is ordered [by consent] that the following registration in the register of writs and orders affecting land at the Office of Land Registry be vacated, viz., of the writ of elegit [or the order of the Honourable Mr. Justice. for a receiver, or as the case may be], dated the day of 19—, and registered in the name of J. D. [the person whose land is affected] on the day of 19. [And that pay to his costs of this application.] Dated the

day of

19-.

do

SECTION XII. DISCOVERY IN AID OF EXECUTION (s).

1. Summons for Discovery in Aid of Execution.

[Formal parts as usual] for an order that C. D., the judgment debtor in this action [or that an officer of the defendant corporation against whom judgment has been recovered in this action], attend before one of the Masters to be orally examined as to whether any and what debts are owing to him [or the defendant corporation], and whether he [or the defendant corporation] has any and what other property or means of satisfying the judgment obtained against him [or them] herein, dated the day of

19, and that he do produce, at the time and place to be appointed

(r) See note (1), supra. File an office copy of the order at the Land Registry Office. (8) Discovery in Aid of Execution.]--By R. S. C., Ord. XLII., r. 32, "When a judgment or order is for the recovery or payment of money, the party entitled to enforce it may apply to the Court or a Judge for an order that the debtor liable under such such judgment or order, 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 the debtor 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 Court or Judge shall appoint; and the Court or Judge may make an order for the attendance and the examination of such debtor, or of any other person, and for the production of any books or documents."

If the debtor do not attend, an application may be made for his attachment, but the party applying for such attachment must show by affidavit that conduct money has been tendered to the debtor, and also some reason must be given for not examining the debtor at his place of residence, and it must be shown that there were no other means of ascertaining what debts were due to him (Protector Endowment Co. v. Whitlam, 36 L. T. 467).

By r. 33, "In case of any judgment or order other than for the recovery or payment of money, if any difficulty shall arise in or about the execution or enforcement thereof, any party interested may apply to the Court or a Judge, and the Court or Judge 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, shall be in the discretion of the Court or a Judge, or in the discretion of such officer as in Rule 32 mentioned, if the Court or a Judge shall so direct."

for the said examination, all his [or their] books or documents relating to such debts, property and means. And that the costs of this application and of the examination thereunder be in the discretion of the Master taking the examination.

2. Order thereon (†).

[Title, &c., as usual.]

Upon hearing [the solicitors for the judgment creditor and the judgment debtor], and reading the affidavit of

19-:

filed herein the

day of

It is ordered that the above-named judgment debtor, C. D., attend and be orally examined as to whether any and what debts are owing to him, and whether the said judgment debtor has any and what other property or means of satisfying the judgment signed herein on the day of 19-, before one of the Masters of the Supreme Court [or as the case may be], at such time and place as he may appoint, and that the said judgment debtor produce any books or documents in his possession or power relating to the same before the said Master [or as the case may be] at the time of the examination. And that the costs of this application and of the examination thereunder be in the discretion of the Master taking the examination.

3. Appointment of Time and Place for the Examination.

[Title, &c., as usual.]

I hereby appoint the day of

-noon, at [place of examination], for the attendance and examination of the above-named

day of

pursuant to the order herein of

19-.

[To be signed by the person appointed to take the examination.]

[Or the appointment may be indorsed on a copy of the order thus:] I appoint the - day of

19-, at

for the within-ordered examination.

Dated

o'clock in the

-noon, at

(Signed)

(t) This form is framed from that given in R. S. C., App. K., No. 38.

Sub-section 1.

2.

SECTION XIII.—LEAVE TO ISSUE EXECUTION.

After lapse of Six Years.

On Judgment subject to Contingency or Condition . 3. After Death, Marriage, &c., of Parties

As to leave to issue execution against shareholders of a company, see post. See, also, post," Actions by and against Executors," "Firms," Part IX.

Sub-section 1.-Leave to issue Execution after Lapse of Six Years (u). 1. Summons (r).

[Formal parts as usual] for an order that the plaintiff be at liberty to issue execution [or a writ of fieri facias] against the defendant on the judgment herein, dated the day of -, 18-, notwithstanding six

years have elapsed since such judgment.

[An order may be framed from the terms of the summons. The Master may add any terms which he thinks fit, or may direct any issue to be tried.]

I, A. B. [or X. Y., of

solicitor in this action for A. B.], the abovenamed plaintiff, make oath and say as follows:

1. On- I [or the above-named A. B.] recovered a judgment in this Honourable Court in this action against the above-named defendant C. D.

(u) 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, or the date of the order."

By Ord. XLII., r. 23, “In the following cases, viz. :

(a) Where six years have elapsed since the judgment or date of the order, or any change has taken place by death or otherwise in the parties entitled or liable to execution;

"(b) Where a husband is entitled or liable to execution upon a judgment or order for or against a wife;

"(c) Where a party is entitled to execution upon a judgment of assets in futuro (see post, Part IX., Ch. VIII.);

"(d) Where a party is entitled to execution against any of the shareholders of a joint stock company upon a judgment recorded against such company, or against a public officer or other person representing such company (see post, Part IX., Ch. VI.) ;

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."

(a) In practice the order is often made by a Master ex parte on affidavit, but the Master sometimes requires a summons to be issued.

for costs [insert the amount of the judgment and costs,

2. No part of the said sum so recovered or of the said judgment has been paid or satisfied, and the said judgment remains and is in full force [and execution thereon remains to be made to me (or the said A. B.)] [or if the judgment has been satisfied in part, say, The sum of £- part only of the said £- and £, has been paid and satisfied, and the said judgment remains and is in full force, and is, save as to the said £unsatisfied (and execution remains to be made to me (or the said A. B.), thereon for the remainder of the said amount recovered thereby)].

3. [Here state facts showing why execution has not been issued sooner. If the juulgment is twelve years old, the affidavit must also state payment of principal or interest on account of it, or a written acknowledgment of it, within twelve years. See 37 & 38 Vict. c. 57, s. 8.]

4. No change has taken place by death or otherwise in the parties entitled or liable to execution upon the said judgment. [If any such change has taken place, this paragraph must be altered, and the precise nature of the change must be stated.]

5. I am [or the said A. B. is] entitled to have execution of the said judgment and to issue execution thereon for the sum of £

advised and believe.

Sworn [&c., as usual; see post, "Affulavits"].

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

as I am

Sub-section 2.-Leave to issue Execution on Judgment subject to Condition or Contingency (y).

1. Summons for Leave.

[Formal parts as usual] for an order that the plaintiff be at liberty to issue execution [or a writ of fieri facias, or as the case may be] against the defendant on the judgment herein, dated the day of, 19—, and that the defendant do pay the costs of and occasioned by this application.

[An order may be framed from the terms of the summons. The Master may order any issue to be tried if the right to issue the execution is not clear.]

(y) By Ord. XLII., r. 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, 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."