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A.-The execution must follow the judgment, and, therefore, should be issued against all (Chit. Arch. 509, 13th edit.); but the execution may be levied against one, and in actions ex contractu he may compel the others to contribute by bringing an action against them, but in most cases of tort he cannot compel a contribution: (Merryweather v. Nixan, 2 Sm. L. C. 296; and notes to Lampleigh v. Brathwaite, 1 Sm. L. C. 71.)

Q. Can the individual partners require a judgment creditor of the firm to pursue his remedy against the partnership property before having recourse to the separate property of the partners? Give a reason for your

answer.

A.-Certainly not; the creditor's right is paramount to all rights of his debtors inter se, and he is entitled to pursue his various remedies in any way he pleases.

Q. What is a sequestration, and to what species of property does it apply?

A-At law a sequestration signified an execution for a debt issued against a beneficed clerk or clergyman, when he had no lay fee within the sheriff's bailiwick: (see Holth. L. D., 2nd edit.; et post.)

In equity it was a writ formerly issued against the property of a peer, Member of Parliament, or corporation who could not be taken under an attachment. It is now issued against a person disobeying any order of the court to do any act within a limited time, but not for payment of costs (Ord. XLIII., r. 6.)

Q.-How is an elegit executed, and what may be seized under it?

A.-Formerly it was executed by the sheriff summoning a jury, who appraised the debtor's goods and chattels, and inquired as to the value of his lands. After inquisition the debtor's goods and chattels (except oxen and beasts of the plough) were delivered to the creditor at the appraised price, and if they were not enough the lands and tenements (including copyholds) (a) were then delivered to him; and the writ was returned; but by the Bankruptcy Act, 1883, the writ is, no longer to extend to goods. The possession of the land given to the creditor by the sheriff is only legal, and if the debtor will not give up actual possession an action must be brought (see 1 & 2 Vict. c. 110; Sm. Act. 207, 2nd edit. by Foulkes.)

Q. What is the shortest time within which an execution can be issued against a defendant after the service of the writ of summons?

A.-Immediately after the expiration of eight days after service of the writ inclusive of the day of service.

Q. What is the right of a landlord to whom rent is due, if goods of the tenant on the demised premises are taken in execution by the sheriff? and has the landlord any, and what, remedy against the sheriff?

A. He has a right, before the goods are removed, to be paid a year's rent, by the execution creditor, if so much be due to him. If the letting be a weekly one, he can only claim four weeks' arrears; and if it be for any other term less than a year, for not more than the arrears accruing during four terms of payment. If these sums be not paid he may

(a) Before the 1 & 2 Vict. c. 110, only a moiety of the freeholds, and none of the copyholds, could be taken : (Smith, ubi sup.)

apply to the court for an attachment against the sheriff, or bring an action against him: (Chit. Arch. 555, 13th edit.; Sm. Act. 199, 2nd edit. by Foulkes.)

Q.-A man who owes two years' rent of his house, and who has given a bill of sale of his goods to a bona fide creditor, and against whom judgment in an action has been signed, owes the landlord, the judgment creditor, and the holder of the bill of sale 2007. each. (1) The landlord distrains; then the judgment creditor puts in execution under a fi. fa.; and then the bill of sale holder seizes. (2) The execution is put in first; then the landlord distrains; and then the bill of sale holder seizes. (3) The bill of sale holder seizes; then the landlord distrains; and then the execution is put in. The total value of his goods being under 300l., what will each creditor receive in each case?

A.—In each case the landlord will receive 2001. and costs of distress, and the bill of sale holder the remainder, if bill properly registered. As, although the landlord, in case 2, could only claim a year's rent as against the execution creditor, yet, as the latter must give way to the bill of sale holder, and consequently withdraw, the landlord's full right against the bill of sale holder would operate.

Q.-If a debtor in execution escape from the custody of the sheriff, or other person having the safe custody of such debtor, what remedy has the creditor?

A. He may bring an action against the sheriff. He may also proceed against the sheriff by attachment, which will only be stayed by the sheriffs paying the damage sustained by the creditor. The creditor may also issue execution against the debtor's goods or lands, or bring an action on the judgment: (Chit. Arch. 608, 13th edit.; Sm. Act. 182, 2nd edit. by Foulkes.)

Attachment of Debts.

Q-What is the meaning of a garnishee order?

A.-It is an order made by a judge of the High Court attaching a debt recoverable in the hands of a debtor (called the garnishee) of a person against whom judgment has been recovered.

Q. What debts can be attached?

A.-As a general rule, debts due to the debtor in which he is beneficially interested, and for which he can sue, can be attached-so debts due to a corporation unless excepted by Act of Parliament-so may part of a debt -so may rent owing to the judgment debtor, and several others, and an equitable debt (see Wilson v. Dundas and Stevenson, Bitt. Prac. Cas. CXII.; see Sm. Act. 216, 2nd edit. by Foulkes.)

Q. Where there is reason to believe that a judgment debtor has debts owing to him from third parties, is there any, and what, mode by which the judgment creditor can obtain payment from these parties?

A.-The judgment creditor should obtain an order that the judgment debtor be orally examined before an officer of the court or other person appointed, as to what debts are owing to him, and for production of any books or documents: (Ord. XLII., r. 32.) After such oral examination, if

it turns out that the debts are owing, the judgment creditor may proceed to have them attached in the mode pointed out infra.

Q-Is there any mode by which a judgment creditor can attach any debts due to the judgment debtor, and how? And can the garnishee dispute his liability?

A.-The court or judge may, upon the ex parte application of the judgment creditor, upon affidavit by himself or his solicitor; stating that judgment has been recovered or the order made and is still unsatisfied, and to what amount, and that any other person (called the garnishee) is indebted to the judgment debtor, and is within the jurisdiction, order that all debts owing or accruing from such third person to the judgment debtor be attached to answer the judgment debt; and the garnishee may, either by this order or by a subsequent one be ordered to appear, and show cause why he should not pay the amount due from him to the judgment debtor in satisfaction of the judgment.

If the garnishee does not pay the amount into court, or dispute the debt, or does not appear upon the summons, the court or judge may order execution to issue. If the garnishee disputes his liability, the court or judge, instead of this, may order an issue to be tried to decide the point : (Ord. XLV., rr. 1, 3, 4.) (a)

Q.-If A. sues B. for 5l. and C. is indebted to B. in a like amount, has A. any remedy against C., and if so, what remedy?

A.-After A. has obtained judgment, the remedy by attaching the debt in C.'s hands is open to him, as stated supra. However, as the amount is only 51., the judge might under the old practice refuse to interfere if he thought fit: (23 & 24 Vict. c. 126, s. 28.) And this practice is still followed.

Q. Can wages due, or accruing due, be attached? Give the reason for your answer.

A.-No. By the 33 & 34 Vict. c. 39, s. 1, it is enacted that no order for the attachment of the wages of any servant, labourer, or workman, shall be made by the judge of any court of record, or inferior court.

Charging Stock.

Q.-Can Government stocks, funds, or annuities, of a judgment debtor be made chargeable with the amount of such judgment debt?

A. Yes; any divisional court or any judge may make an order that any Government stock, funds, annuities, &c., standing in the name of the debtor, in his right, or in the name of any person in trust for him, shall stand charged with the payment of the judgment debt and interest. charge, however, cannot be enforced for six months after the order, and was formerly relinquished by the creditor taking the debtor in execution. on the judgment: (Ord. XLVI.; see Sm. Act. 219, 2nd edit. by Foulkes. (b)

(a) These questions may be answered from the above: The Procedure Act, 1854, speaks of a garnishee; to whom is this term applied?

A garnishee disputes his liability: by what means is it to be established?

(b) The provisions of 1 & 2 Vict. c. 110, ss. 14 and 15; and 3 & 4 Vict. c. 82, s. 1, still apply.

Habeas Corpus, &c.

Q.-State a few of the Acts of Parliament securing the personal liberty of the subject; and state in whose reigns they were passed.

A.-After Magna Charta comes the 3 Car. 1, commonly called the Petition of Right; the 16 Car. 1, c. 10, asserting the right to, rather than giving a habeas corpus; and the Act commonly called the Habeas Corpus Act, 31 Car. 2, c. 2 (amended by 56 Geo. 3, c. 100, regulating the mode, &c., of obtaining a habeas corpus: (see 1 St. C. 144, 8th edit.; Hallam's Const. Hist. 10-15, vol. 3, 9th edit.)

Q. What is the personal security acquired by the Habeas Corpus Act; and what is the mode of obtaining habeas corpus?

A. The security acquired by this Act is the prompt issue and return to habeas corpus, so that a person unjustly detained in prison may obtain his release. A writ of habeas corpus is obtained from the court on motion in term, aud from a judge at chambers by summons in vacation: (see 4 St. C. 353 et seq., 8th edit., and see hereon Ex parte Cobbett, 30 L. T. Rep. 322; Hallam, ubi sup.)

REVIVAL OF JUDGMENTS.

Question.-When is it necessary to revive a judgment before issuing execution, and how is such revival effected?

Answer. Revival of judgments is practically superseded by the new practice, but when six years have elapsed since the judgment, or any change has taken place by death or otherwise in the parties entitled to execution, the party alleging himself to be entitled to execution may apply to the court or a judge for leave to issue execution accordingly, which the court or judge may order, or may direct any issue or question necessary to determine the rights of the parties to be tried in any of the ways that a question in an action may be tried, and upon such terms as to costs as may seem just: (Ord. XLII., r. 22.)

Q.-If either plaintiff or defendant die after interlocutory and before final judgment, will the action abate, or how must you proceed to final judgment?

A. If the cause of action would have survived to or against the deceased executors or administrators, the proceedings may be continued by obtaining an order that the proceedings in the action be carried on between the continuing parties to the action, and such new party or parties, which may be obtained ex parte from the court or judge upon allegation of the facts: (Ord. XVII., r. 4.)

Q. What proceedings would you take in order to enforce a judgment against the heirs, executors, or administrators of a defendant?

A.-Apply for leave to issue execution, as stated supra.

Q.-A creditor, having obtained a judgment against a debtor, dies. What is required to be done by his executor, in order that he may be in a position to attach a debt due to the judgment debtor, with a view to satisfy the judgment recovered by his testator?

A. The executor should obtain an order to issue execution under Ord. XLII., r. 23, and then apply in the usual way for his garnishee order.

Q.-Judgment against two defendants, and one dies; what is necessary to enable a plaintiff to take out execution, and against whom will the execution issue?

A. If it is a personal action, and one dies within six years after judgment, execution by fi. fa, may be sued out, but should be levied against the survivor only. If the plaintiff wish to proceed against the realty, he must obtain leave to issue execution against such survivor, and the heir and terre tenants of the deceased, to have execution against the lands and goods of the former and the lands of the latter: (see Arch. Pr. 930, 19th edit., and Ord. XLII., r. 23.)

Q.-Action against an executor-defendant's defence is plene administravit. What is meant by such defence? and if the plaintiff cannot dispute it, but has reason to suppose future assets will be coming to the testator's estate, what steps should he take?

A. The meaning of the defence is, that the executor has fully administered the assets come to his hands. If the plaintiff cannot disprove this, and there are other assets to be got in, he signs judgment of quando acciderint, and when the assets come into the hands of the executor, proceed as in next answer.

Q. Where a plaintiff has obtained a judgment against a defendant in the character of executor or administrator, in respect of future assets, when they may come to such defendant's hands, and such assets afterwards come to his hands, what steps should the plaintiff take in order to make such assets available to satisfy the judgment?

A. Formerly this was done by scire facias, tested and proceeded upon in like manner as a writ of revivor (17 & 18 Vict. c. 125, s. 91); the plaintiff should now proceed under Ord. XLII., r. 9, of the order, by which after demand made upon a party he might apply for leave to issue execution against him.

ARREST.

Question.-An Act passed for the abolition of arrest; do you understand that the power of arrest at the commencement of an action is in all cases taken away, or is there any excepted case?

Answer. By the Debtors Act, 1869 (32 & 33 Vict. c. 67, s. 4), imprisonment for debt is abolished, with certain exceptions: (ante, p. 138) And by sect. 6, where the plaintiff in any action in a superior court in which, if brought before the commencement of this Act, the defendant would have been liable to arrest, proves, to the satisfacton of a judge, that he has good cause of action against the defendant to the amount of 507., and that there is probable cause for believing that the defendant is about to quit England unless apprehended, and that defendant's absence will materially prejudice the plaintiff in the prosecution of such action, such judge may order the defendant to be arrested and imprisoned for any

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