On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 01/04/2006.
ORDER 47
WRITS OF SEIZURE AND SALE
1.
—(1) Where a judgment is given or an order made for the payment by any person of money, and the Court is satisfied, on an application made at the time of the judgment or order, or at any time thereafter, by the judgment debtor or other party liable to execution —
(a)
that there are special circumstances which render it inexpedient to enforce the judgment or order; or
(b)
that the applicant is unable from any cause to pay the money,
then, notwithstanding anything in Rule 2 or 3, the Court may by order stay the execution of the judgment or order by writ of seizure and sale either absolutely or for such period and subject to such conditions as the Court thinks fit.
(2) An application under this Rule, if not made at the time the judgment is given or order made, must be made by summons and may be so made notwithstanding that the party liable to execution did not enter an appearance in the action.
(3) An application made by summons must be supported by an affidavit made by or on behalf of the applicant stating the grounds of the application and the evidence necessary to substantiate them and, in particular, where such application is made on the grounds of the applicant’s inability to pay, disclosing his income, the nature and value of any property of his and the amount of any other liabilities of his.
(4) The summons and a copy of the supporting affidavit must, not less than 4 clear days before the return day, be served on the party entitled to enforce the judgment or order.
(5) An order staying execution under this Rule may be varied or revoked by a subsequent order.
1A.
—(1) Where judgment is given or an order is made for payment by instalments under section 43 of the Subordinate Courts Act (Chapter 321), the instalments shall, unless the Court otherwise orders, be paid into Court on such day as the judgment or order directs to the credit of the person entitled to enforce the judgment or order and a direction to that effect must be recited in the judgment or order.
(2) A copy of any judgment or order for payment by instalments must be served on the person liable to pay, and that person must produce it to the proper officer in the Registry whenever he pays money into Court.
(3) If no date for payment has been fixed by the Court, the first instalment shall be paid on the first day of the month following the date of the judgment or order, and every successive instalment shall be paid on the first day of each succeeding month.
1B.
—(1) In proceedings in the Subordinate Courts, where a judgment under section 43 of the Subordinate Courts Act is given or an order made for the payment of any money, by instalments or otherwise, either party to the judgment or order may apply to the Court by summons supported by an affidavit in Form 93 for an order that the money unpaid on the judgment or order be paid in one sum, or smaller or larger instalments than that previously ordered.
(2) The summons must be served on the other party to the judgment or order.
(3) The Court hearing the application may, as it thinks just, order that the money unpaid on the judgment or order be paid in one sum or make a new order for payment by instalments.
(4) An order made under paragraph (3) must be in Form 94 and must be served by the applicant on the other party.
2.
—(1) Where only the payment of money, together with costs to be taxed, is adjudged or ordered, then, if when the money becomes payable under the judgment or order the costs have not been taxed, the party entitled to enforce that judgment or order may issue a writ of seizure and sale to enforce the judgment or order and, not less than 8 days after the issue of that writ, he may issue a second writ to enforce payment of the taxed costs.
(2) A party entitled to enforce a judgment or order for the delivery of possession of any property (other than money) may, if he so elects, issue a separate writ of seizure and sale to enforce payment of any damages or costs awarded to him by that judgment or order.
3.
—(1) Where the landlord or any other person entitled to receive the rent of the premises in which any movable property has been seized by the Sheriff has any claims for arrears of rent of those premises, he may apply to the Court, at any time before the sale of such property, for a writ of distress for recovery of such arrears of rent.
(2) When a writ of distress has been issued the provisions of section 20 of the Distress Act (Chapter 84) shall apply.
(3) Unless a writ of distress is issued for the recovery of such arrears of rent, the property seized by the Sheriff shall be deemed not to be liable to be seized under a writ of distress and to be free from all claims in respect of rent and may be dealt with accordingly and the landlord or other person entitled to receive rent as aforesaid shall have no claim in respect of the property or to the proceeds of sale or any part thereof.
4.
—(1) Where the property to be seized consists of immovable property or any interest therein, the following provisions shall apply:
(a)
seizure shall be effected by registering under any written law relating to the immovable property a writ of seizure and sale in Form 83 (which for the purpose of this Rule and Rule 5 shall be called the order) attaching the interest of the judgment debtor in the immovable property described therein and, upon registration, such interest shall be deemed to be seized by the Sheriff;
(b)
an application for an order under this Rule may be made by ex parte by summons;
(c)
the application must be supported by an affidavit —
(i)
identifying the judgment or order to be enforced;
(ii)
stating the name of the judgment debtor in respect of whose immovable property or interest an order is sought;
(iii)
stating the amount remaining unpaid under the judgment or order at the time of application;
(iv)
specifying the immovable property or the interest therein in respect of which an order is sought; and
(v)
stating that to the best of the information or belief of the deponent, the immovable property or interest in question is the judgment debtor’s and stating the sources of the deponent’s information or the grounds for his belief;
(d)
as many copies of the order as the case may require shall be issued to the judgment creditor in order that he may present the order, in compliance with the provisions of any written law relating to such immovable property, for registration at the Registry of Deeds or the Land Titles Registry, as the case may be, of the Singapore Land Authority;
(e)
after registering the order, the judgment creditor must —
(i)
file a Request4 for direction to the Sheriff in Form 95 and a direction to the Sheriff in Form 96; and
(ii)
upon compliance with sub-paragraph (i), the Sheriff must serve a copy of the order and the notice of seizure in Form 97 on the judgment debtor forthwith and, if the judgment debtor cannot be found, must affix a copy thereof to some conspicuous part of the immovable property seized;
(f)
subject to sub-paragraph (g), any order made under this Rule shall, unless registered under any written law relating to such immovable property, remain in force for 6 months from the date thereof;
(g)
upon the application of any judgment creditor on whose application an order has been made, the Court, if it thinks just, may from time to time by order extend the period of 6 months referred to in sub-paragraph (f) for any period not exceeding 6 months, and the provisions of sub-paragraphs (d) and (e) shall apply to such order; and
(h)
the Court may at any time, on sufficient cause being shown, order that property seized under this Rule shall be released.
(2) Order 46, Rule 6(1) and (2), shall not apply to the order made under paragraph (1).
5. Sale of immovable property, or any interest therein, shall be subject to the following conditions:
(a)
there shall be no sale until the expiration of 30 days from the date of registration of the order under Rule 4(1)(a);
(b)
the particulars and conditions of sale shall be settled by the Sheriff or his solicitor;
(c)
the judgment debtor may apply by summons to the Court for postponement of the sale in order that he may raise the amount leviable under the order by mortgage or lease, or sale of a portion only, of the immovable property seized, or by sale of any other property of the judgment debtor, or otherwise, and the Court, if satisfied that there is reasonable ground to believe that the said amount may be raised in any such manner, may postpone the sale for such period and on such terms as are just;
(d)
the judgment creditor may apply to the Court for the appointment of a receiver of the rents and profits, or a receiver and a manager of the immovable property, in lieu of sale thereof, and on such application, the Court may appoint such receiver or receiver and manager, and give all necessary directions in respect of such rents and profits or immovable property;
(e)
where the interest of the judgment debtor in any immovable property, seized and sold under the order, includes a right to the immediate possession thereof, the Sheriff shall put the purchaser in possession;
(f)
pending the execution or endorsement of any deed or document which is ordinarily lawfully required to give effect to any sale by the Sheriff, the Court may by order appoint the Sheriff to receive any rents and profits due to the purchaser in respect of the property sold; and
(g)
the Sheriff may at any time apply to the Court for directions with respect to the immovable property or any interest therein seized under the order and may, or, if the Court so directs, must give notice of the application to the judgment creditor, the judgment debtor and any other party interested in the property.
6.
—(1) Where the property to be seized consists of any Government stock, or any stock of any company or corporation registered or incorporated under any written law, including any such stock standing in the name of the Accountant-General, to which the judgment debtor is beneficially entitled, seizure thereof must be made by a notice in Form 98, signed by the Sheriff, attaching such stock.
(2) The notice must be addressed —
(a)
in the case of Government stock, to the Accountant-General;
(b)
in the case of stock listed on the Stock Exchange of Singapore Ltd. and held under a central depository system, to the depository for the time being and the company or corporation concerned;
(c)
in the case of other stock, to the company or corporation concerned; and
(d)
in the case of stock standing in the name of the Accountant-General, to the Accountant-General,
and together with a copy of the writ of seizure and sale must be served by the Sheriff by any mode of service as he thinks fit.
(3) A copy of the notice must at the same time be sent to the judgment debtor at his address for service.
(4) On receipt of such notice, the judgment debtor must hand over to the Sheriff at his office any indicia of title in his possession relating to such stock, or where any such indicia of title are not in his possession, must notify the Sheriff in writing of the name and address of the person having possession thereof.
(5) The Sheriff must further send a copy of the notice to any person, other than the judgment debtor, in whose possession he has reason to believe any such indicia of title to be.
(6) After the receipt of any notice sent under paragraph (2), and unless the notice is withdrawn, no transfer of the stock or any interest therein, as the case may be, shall be registered or effected unless the transfer be executed or directed by the Sheriff, and any such transfer or direction by the Sheriff shall have the same effect as if the registered holder or beneficial owner of such stock had executed the transfer, and shall be dealt with accordingly.
(7) All interest or dividends becoming due and payable or benefits accruing after receipt of such notice, and until withdrawal thereof or transfer or direction by the Sheriff as abovementioned, must be paid or transmitted to the Sheriff.
(8) Any notice served under paragraph (2) may be withdrawn by notice in writing to that effect signed by the Sheriff and served to the person and in the manner provided by paragraph (2).
(9) In this Order, “Government stock” means any stock issued by the Government or any funds of or annuity granted by the Government and “stock” includes shares, debentures, debenture stock and stock options.
(10) The Court, on the application of the judgment debtor or any other person interested in the stock seized under this Rule, may at any time, on sufficient cause being shown, order that the stock or any part thereof be released.
9.
—(1) Where any execution creditor requests the Sheriff to withdraw the seizure, he shall be deemed to have abandoned the execution, and the Sheriff shall mark the writ of seizure and sale as withdrawn by request of the execution creditor:
Provided that where the request is made in consequence of a claim having been made in interpleader proceedings, the execution shall be deemed to be abandoned in respect only of the property so claimed.
(2) A writ of seizure and sale which has been withdrawn under this Rule shall not be re-issued but the execution creditor may apply by summons supported by affidavit stating the grounds of the application for a fresh writ of seizure and sale to be issued, and such writ shall take priority according to its date of issue.