The General Assembly,
Recognizing the importance of full, speedy, and regular administration of justice to all parties involved in any action,
deploring the dilatory practices that have obstructed the aforementioned justice,
by and with the assent of all the nations herein represented, enacts as follows:1. No writ for executionon any property shall issue to any authority whatsoever, until a final judgment by a legally constituted court of law shall have been rendered and after a refusal to deliver under the terms of the said court shall have intervened;
2. Prior to such issue, the demandant shall have served upon the respondant a notice of intent to sue to execution, no less than four days prior to the issue of such writ;
3. In case of the death, illness, or absence beyond the seas of the respondant, the said notice shall be served to his heir or heirs, successor or successors, or heirs and successors, or any one of them, currently holding the real and movable property currently to be distrained of the respondant, as the case may be, or guardian, or appointed representative in this behalf, respectively;
4. Upon issue of any writ for execution, the authority whose duty it is, by virtue of such writ issued, to make of the moneys and goods of the respondant, shall at the earliest possible moment proceed to the residence of the respondant, and there then make of the moneys, goods, or moneys and goods, as the case may be, according to the value which appears on the surface of the writ;
5. In the process of execution, moneys shall firstly be distrained to the satisfaction of the demandant, and, money being insufficient, movable goods, shall of him be distrained, and, moneys and goods being insufficient to satisfy the demandant, then real property, in order of ascending value, be distrained of him;
6. No writ of execution shall issue to the effect of detaining any person for whatsoever cause, except when such person, being the respondant or otherwise, shall resist execution on his property, without showing cause;
7. No moneys or property, real or movable, immediately necessary for the survival of the respondant, shall be distrained of him, as a result of any writ of execution.
8. No amercement shall be imposed on any person whose property shall become subject to execution.
I believe we have heard enough stories when executions result in property immediately necessary for the survival of individuals being deprived from them to satisfy a verdict. The Republic of China believes that, no matter how much the debt as occasioned by a verdict, nobody should be left hungry or thirsty. We also believe that a set procedure is necessary before resorting to force to implement a verdict, such as depriving the respondant of first his money, then his movables, and then real property, which will speed up the process, since money is the most liquid of all commodities.
