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Furthermore, it appeared that there was often a lack of familiarity with the law concerning exigibility.
Another order which might be made is a declaration of exigibility coupled with an order for sale.
Clearly there is a need for either instruction or for access to advice on the question of the general exigibility of particular assets.
Exigibility has not been widened.
Orders for sale, declarations of exigibility coupled with mandatory injunctions, and orders for the reconveyance of property are all based on the assumption that the grantee retains control of the property.
Recommendations were made that the exigibility of chattel paper under section 52 of the Court Order Enforcement Act be clarified and payments arising under chattel paper should not be subject to garnishment.
In our opinion it would be desirable to put the point beyond doubt by amending the definition of "land" to clarify the application of the Act to them and to other interests whose exigibility must be inferred from the procedural sections.