Under the law of bankruptcy, the sheriff, in case of sale under a judgment for a sum exceeding £20 is required to hold the pro ceeds for 14 days in case notice of bankruptcy proceedings should be served upon him. (See BANKRUPTCY.) Imprisonment for debt in execution of civil judgment is now abolished except in cases of default in the nature of contempt, unsatisfied by judg ments for penalties, defaults by persons in a fiduciary character, and defaults by judgment debtors.
Writ of Elegit.—The writ of elegit is a process enabling the creditor to satisfy his judgment debt out of the lands of the debtor. It derives its name from the election of the creditor in favour of this mode of recovery. It is founded on the Statute of Westminster (1285, 13 Ed. I. c. 18), under which the sheriff was required to deliver to the creditor all the chattels (except oxen and beasts of the plough) and half the lands of the debtor until the debt was satisfied. By the Judgments Act 1838 the remedy was extended to all the debtor's lands, and by the Bankruptcy Act 1883 (now replaced by the Bankruptcy Act 1914) the writ no longer extends to the debtor's goods. The writ is enforceable against legal interests whether in possession or remainder but not against equitable interests in land. When the debtor's interest is equitable recourse is had to equitable execution by the appoint ment of a receiver or to bankruptcy proceedings. (See R.S.C., 0. 43.) Writs of Possession and Delivery.—Judgments for the recovery or for the delivery of the possession of land are enforceable by writ of possession. The recovery of specific chattels is obtained by writ of delivery (R.S.C., 0. 47, 48).
Writ of Sequestration.—Where a judgment directing the pay ment of money into court, or the performance by the defendant of any act within a limited time, has not been complied with, or where a corporation has wilfully disobeyed a judgment, a writ of sequestration is issued, to not less than four sequestrators, order ing them to enter upon the real estate of the party in default, and "sequester" the rents and profits until the judgment has been obeyed (R.S.C., 0. 43, r. 6).
Equitable Execution.—Where a judgment creditor is otherwise unable to reach the property of his debtor he may obtain equitable execution, usually by the appointment of a receiver, who collects the rents and profits of the debtor's land for the benefit of the creditor (R.S.C., 0. 1, rr. 15A-22). But receivers may be ap
pointed of interests in personal property belonging to the debtor by virtue of the Judicature Act 1873, s. 25 (8). The plaintiff may apply ex parte, for leave to issue a summons for the appointment of a receiver and for an injunction to restrain the defendant from parting with his property pending the hearing of the summons. Such an application may be heard by a master.
Attachment.—A judgment creditor may "attach" debts due by third parties to his debtor by what are known as garnishee pro ceedings. A garnishee order nisi may be made by a master of the king's bench on the application of the judgment creditor. It must be supported by an affidavit in which the judgment creditor or his solicitor swears positively that there is a debt owing by the garnishee to the judgment debtor—a debitum in praesenti, which may however be solvendum in futuro. Enormous sums of money are "garnisheed" in the course of the year to answer judgments from the king's bench division. Stock and shares belonging to a judgment debtor may be charged by a charging order, so as, in the first instance, prevent transfer of the stock or payment of the dividends, and ultimately to enable the judgment creditor to realize his charge. A writ of attachment of the person of a defaulting debtor or party may be obtained in a variety of cases akin to contempt (e.g., against a person failing to comply with an order to answer interrogatories, or against a solicitor not entering an appearance in an action, in breach of his written undertaking to do so), and in the cases where imprisonment for debt is still preserved by the Debtors Act 1869 (R.S.C., 0. xliv.). Contempt of Court (q.v.) in its ordinary forms is also punishable by sum mary committal.
Another form of execution analogous to the attachment of a debt is a charging order. This directs that any stock, funds or shares of a public company in England, standing in the name of a debtor in his own right or in the name of any person in his trust for him, shall stand charged with the payment of the judgment debt and interest. The charge cannot be enforced for six calendar months after the order (0. 46, r. I).