Domine v M Cohen & Co     County Courts – Execution – Levy – Stay – Discretion of Judge.
Plaintiff obtained judgment against the defendants for the sum of £53 8s payable in
instalments of £2 monthly. One of these instalments being in arrear the plaintiff levied
execution for the whole amount then owing and seized certain property. A friend of the
defendants then paid the bailiff the whole amount outstanding and costs of the execution, and
was given a receipt stating that the sum was paid as a deposit pending an application to the
Court. It was intended that upon an application to the Court the defendant should pay the one
instalment and the costs of execution and that a new order for payment for instalments should
be made. The order made by the Court followed these terms, but went on to add that if the
defendant did not pay the costs of execution, the so-called deposit should remain in Court
until further order.