made in pursuance of an agreement of the Payment to nature mentioned in section 257A, the decree-holder. decree-holder shall certify such payment or adjustment to the Court whose duty it is to execute the decree. "The judgment-debtor also may inform the Court of such payment or adjustment, and apply to the Court to issue a notice to the decree-holder to show cause, on a day to be fixed by the Court, why such payment or adjustment should not be recorded as certified; and if, after due service of such notice, the decree-holder fails to appear on the day fixed, or having appeared fails to show cause why the payment or adjustment should not be recorded as certified, the Court shall record the same accordingly. Decrees for specific moveables, or recovery of wives. "No such payment or adjustment shall be recognized by any Court unless it has been certified as aforesaid." 259. If the decree be for any specific moveable, or for any share in a specific moveable, or for the recovery of a wife, it may be enforced by the seizure, if practicable, of the moveable or share, and by the delivery thereof to the party to whom it has been adjudged, or to such person as he appoints to receive delivery on his behalf, or by the imprisonment of the judgment-debtor, or by attaching his property, [and keeping the same under attachment until the further order of the Court] or by both imprisonment and attachment, if necessary. [No attachment under this section shall remain in force for more than six months, at the end of which time, if the judgment-debtor has not obeyed the decree, the property attached may be sold, and out of the proceeds the Court may award to the decree-holder such compensation as it thinks fit, and pay the balance, if any, to the judgment-debtor on his application.] "When any attachment under this section has remained in force for six months, if the judgment-debtor has not obeyed the decree and the decree-holder has applied to have the attached property sold, such property may be sold, and out of the proceeds the Court may award to the decree-holder, in cases where any amount has been fixed under section 208, such amount, and, in other cases, such compensation, as it thinks fit, and shall pay the balance, if any, to the judgment-debtor on his application. 66 If the judgment-debtor has obeyed the decree and paid all costs of executing the same which he is bound to pay, or if, at the end of six months from the date of the attachment, no application to have the property sold has been made, or, if made, has been refused, the attachment shall cease to exist." 260. When the party against whom a decree for the specific performance of a contract, or for restitution of conjugal rights, or for the performance of "or abstention from" any other particular act, has been made, has had an opportunity of obeying the decree or injunction and has wilfully failed to obey it, the decree may be enforced by his imprisonment, or by the attachment of his property, or by both. Decree for spe cific perform ance or restitution of conjugal rights. [No attachment under this section shall remain in force for more than one year, at the end of which time, if the judgment-debtor has not obeyed the decree, the property attached may be sold and out of the proceeds the Court may award to the decree-holder such compensation as it thinks fit and may pay the balance, if any, to the judgment-debtor on his application.] "When any attachment under this section has remained in force for one year, if the judgment-debtor has not obeyed the decree and the decree-holder has applied to have the attached property sold, the property may be sold; and out of the proceeds the Court may award to the decree-holder such compensation as it thinks fit, and may pay the balance, if any, to the judgment-debtor on his application. If the judgment-debtor has obeyed the decree and paid all costs of executing the same which he is bound to pay, or if, at the end of one year from the date of the attachment, no application to have the property sold has been made and granted, the attachment shall cease to exist." 261. If the decree be for the execution of a conveyance, Decree for exeor for the endorsement of a negotiable cution of convey instrument, and the judgment-debtor neglects or refuses to comply with the decree, the decree-holder may prepare the draft of a conveyance or endorsement in accordance ances, or endorsement negotiable struments. of in with the terms of the decree, and deliver the same to the Court. The Court shall thereupon cause the draft to be served on the judgment-debtor in manner herein before provided for serving a summons, together with a notice in writing stating that his objections, if any, thereto shall be made within such time (mentioning it) as the Court fixes in this behalf. The decree-holder may also tender a duplicate of the draft to the Court for execution, upon the proper stamppaper if a stamp is required by law. On proof of such service, the Court, or such officer as it appoints in this behalf, shall execute the duplicate so tendered, or may, if necessary, alter the same, so as to bring it into accordance with the terms of the decree, and execute the duplicate so altered : Provided that if any party object to the draft so served as aforesaid, his objections shall, within the time so fixed, be stated in writing and argued before the Court, and the Court shall thereupon pass such order as it thinks fit, and execute, or alter and execute, the duplicate in accordance therewith. Form and effect of execution of 262. The execution of a conveyance or the endorsement of a negotiable instrument by the Court under the last preceding section may conveyance by be in the following form: "C. D., Judge (or as the case Court. of the Court of may be), for A. B., in a suit by E. F., against A. B.," or in such other form as the High Court may from time to time prescribe, and shall have the same effect as the execution of the conveyance or endorsement of the instrument by the party ordered to execute or endorse the same. Decree for immoveable property. 263. If the decree be for the delivery of any immoveable property, possession thereof shall be delivered over to the party to whom it has been adjudged, or to such person as he appoints to receive delivery on his behalf, and, if need be, by removing any person bound by the decree who refuses to vacate the property. Delivery of immoveable property when in occupancy of tenant. 264. If the decree be for the delivery of any immoveable property in the occupancy of a tenant or other person entitled to occupy the same," and not bound by the decree to relinquish such occupancy," the Court shall order delivery to be made by affixing a copy of the warrant in some conspicuous place on the property, and proclaiming to the occupant by beat of drum, or in such other mode, as is customary, at some convenient place, the substance of the decree in regard to the property : Provided that if the occupant can be found, a notice in writing containing such substance shall be served upon him, and in such case no proclamation need be made. estate or separa tion of share. 265. If the decree be for the partition or for the separate possession of a share of an undiPartition of vided estate paying revenue to Government, the partition of the estate or the separation of the share shall be made by the Collector," and according to the law, if any, for the time being in force for the partition, or the separate possession of shares, of such estates.” to 266. The Property liable attachment and sale in execution of decree. OF ATTACHMENT OF PROPERTY. following property is liable to attachment and sale in execution of a decree, (namely), lands, houses or other buildings, goods, money, bank-notes, cheques, bills of exchange, hundis, promissory-notes, Government securities, bonds or other securities for money, debts, shares in the capital or joint-stock of any railway, banking or other public Company or Corporation, and, except as hereinafter mentioned, all other saleable property, moveable or immoveable, belonging to the judgmentdebtor or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, and whether the same be held in the name of the judgment-debtor or by another person in trust for him or on his behalf : Provided that the following particulars shall not be liable to such attachment or sale (namely)— (a) the necessary wearing apparel of the judgment- (b) tools of artizans, implements of husbandry and (e) mere rights to sue for damages; (f) any right of personal service; (9) stipends allowed to military and civil pensioners of Government, and political pensions ; (h) one moiety of the salary of a public officer or of the servant of a Railway Company; (i) the pay and allowances of persons to whom the (j) the wages of labourers and domestic servants; (1) a right to future maintenance. Explanation. The particulars mentioned in clauses (g), (h), (i) and (j) are exempt from attachment or sale whether before or after they are actually payable : Provided also that nothing in this section shall be deemed (a) to exempt the materials of houses and other buildings from attachment or sale in execution of decrees for rent, or (b) to affect the Statute for the time being in force for punishing mutiny and desertion and for the better payment of the Army and their quarters. 267. The Court may of its own motion or on the application of the decree-holder, summon any person whom it thinks necessary, and examine him in respect to any property liable to be seized in satisfaction of the decree, and may require the person Power to summon and ехаmine persons as to property liable to be seized. |