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ORDER 47 WRITS OF FIERI-FACIAS Power to Stay Execution by Writ of Fieri-Facias 1. (1) Where a judgment is given or an order made for the payment by any person of money, and the Court is satisfied, on an application made at the time of the judgment or order, or at any time thereafter, by the judgment debtor or either party liable to execution- (a) that there are special circumstances which render it inexpedient to enforce the judgment or order, or (b) that the applicant is unable from any cause to pay the money, then notwithstanding anything in rule 2 or 3, the Court may be order stay the execution of the judgment or order by writ of fieri-facias either absolutely or for such period and subject to such conditions as the Court thinks fit. (2) An application under this rule, if not made at the time the judgment is given or order made, must be made by summons and may be so made notwithstanding that the party liable to execution did not enter an appearance in the action. (3) An application made by summons must be supported by an affidavit made by or on behalf of the applicant stating the grounds of the application and the evidence necessary to substantiate them and, in particular, where such application is made on the grounds of the applicant’s inability to pay, disclosing his income, the nature and value of any property of his and the amount of any other liabilities of his. (4) The summons and a copy of the supporting affidavit must, not less than 4 clear days before the return day, be served on the party entitled to enforce the judgment or order. (5) An order staying execution under this rule may be varied or revoked by a subsequent order. Separate Writs to Enforce Payment of Costs, etc. 2. (1) Where only the payment of money, together with costs to be taxed, is adjudged or ordered, then, if when the money becomes payable under the judgment or order the costs have not been taxed, the party entitled to enforce that judgment or order may issue a writ of fieri-facias to enforce payment of the sum (other than for costs) adjudged or ordered, and, after the issue of the writ, he may issue a second writ to enforce payment of the taxed costs. (2) A party entitled to enforce a judgment or order for the delivery of possession of any property (other than money) may, if he so elects, issue a separate writ of fieri-facias to enforce payment of any damages or costs awarded to him by that judgment or order. No expenses of Execution in Certain Cases 3. Where a judgment or order is for less than $240.00 and does entitled the plaintiff to costs against the person against whom the writ of fieri-facias to enforce the judgment or order is issued, the writ may not authorise the Marshal to whom it is directed to levy any fees, poundage or other costs of execution. |