Enforcement of Law (Occasional Powers) Act, 1923.

Power to stay execution in certain cases.

15.—(1) Upon the hearing of any Civil Bill for debt or damages, if the County Court Judge before whom the proceedings are pending is satisfied that the defendant is unable to satisfy by an immediate payment in full the judgment and costs, and that such inability does not arise from his own conduct, act, or default, and that there is reasonable ground for granting an extension of time to pay, the County Court Judge may put a stay upon the execution of the judgment or decree of the Court, or upon the execution of the writ of fieri facias for such time as the County Court Judge thinks reasonable, and the County Court Judge may, if he thinks fit, order that the amount of such judgment or decree and the costs shall be paid by such instalments as the County Court Judge may appoint.

(2) If the County Court Judge is of opinion that the defendant can pay the first of such instalments forthwith, he shall so order. If default is made in complying with the order of the court for the payment of the first or any subsequent instalment, the stay upon the execution of the judgment or decree, or upon the execution of the writ of fieri facias shall be removed, and it may thereupon be executed forthwith.

(3) This section shall not apply to any judgment or decree given or pronounced before the passing of this Act.

(4) In this Section the expression “County Court Judge” includes a Recorder and the Judge of a Borough.