Superior Court Rules

ORDER 48

ORDER OF DELIVERY

1. Where it is sought to enforce a judgment or order for the recovery of any property other than land or money by order of delivery, the court may, upon the application of the plaintiff, order that execution shall issue for the delivery of the property, without giving the defendant the option of retaining the property, upon paying the value assessed, if any, and that if the property cannot be found, and unless the court shall otherwise order, the sheriff shall distrain the defendant by all his lands and chattels, in the sheriff’s bailiwick, till the defendant deliver the property; or at the option of the plaintiff, that the sheriff cause to be made of the defendant’s goods the assessed value, if any, of the property.

2. An order of delivery shall be in one of the Forms Nos 8 or 9 (incorporating, if appropriate, Form No 10) in Appendix F, Part II, and when an order of delivery is issued, the plaintiff shall, either by the same or a separate execution order, be entitled to have made of the defendant’s goods the damages and costs awarded, and interest.

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