Private Aliena- tion after At- tachment void.
Payment into Court by Debtor.
Court may order Money or Proceeds of Property
attached, or any Part thereof to be paid to the Decree holder.
Appointment of Manager.
142
CODE OF CIVIL PROCEDURE-HONGKONG,
9.-After any attachment shall have been made by actual seizure, or by written order as aforesaid, and in the case of an attachment by written order, after it shall have been duly intimated and made known in manner aforesaid, any alienation without leave of the Court of the property attached, whether by sale, gift, or otherwise, and any payment of the debt or debts, or dividends, or shares to the defendant during the continuance of the attachment, shall be null and void.
10.-In every case in which a debtor shall be prohibited from making payment of his debt to the creditor, he may pay the amount into Court, and such payment shall have the same effect as payment to the party entitled to receive the debt.
11. In all cases of attachment under this chapter, it shall be com- petent to the Court, at any time during the attachment, to direct that any part of the propety so attached as shall consist of money or bank-notes, or a sufficient part thereof, shall be paid over to the party applying for execution of the decree, or that any part of the property so attached as may not consist of money or bank-notes, so far as may be necessary for the satisfaction of the decree, shall be sold, and that the money which may be realized by such sale, or a sufficient part thereof shall be paid to such party.
12.-When the property attached shall consist of debts due to the party who may be answerable for the amount of the decree, or of any lands, houses, or other immoveable property, it shall be competent to the Court to appoint a manager of the said property with power to sue for the debts, and to collect the rents or other receipts and profits of the land or other immoveable property, and to execute such deeds or instruments in writing as may be necessary for the purpose, and to pay and apply such rents, profits, or receipts toward the payment of the amount of the decree and costs or when the property attached shall consist of land, if the judgment debtor can satisfy the Court that there is reasonable ground to believe that the amount of the judgment may be raised by the mortgage of the on Application land, or by letting it on lease, or by disposing by private sale of a portion of the land, or of any other property belonging to the judgment debtor, it shall be competent to the Court, on the application of the judgment debtor, to postpone the sale for such period as it may think proper, to enable the judgment debtor to raise the amount. In any case in which a manager shall be appointed under this section, such manager shall be bound to render due and proper accounts of his receipts and disbursements, from time to time, as the Court may direct.
Mortgage in tieu of Sale
of Judgment Debtor.
In absence of Judgment Debtor, Court may order
Mortgage in lieu of Sale.
Order for With- drawal of At- tachment on
Satisfaction of
Decree,
13.-If the judgment debtor shall be absent from the Colony, and it shall appear to the satisfaction of the Court that the public sale of any of his property which has been attached, consisting of lands, houses, or any interes: therein, is objectionable, and that satisfaction of the decree may be made within a reasonable period by a temporary alienation of such property, the Court may, of its own motion, instead of proceeding to a public sale of such property, order that provision be made for the satisfac- tion of th decree by mortgage thereof and may authorize the Registrar, if necessary, to execute the mortgage deed in lieu of the judgment debtor, or any other necessary parties, and may make such orders in relation to such mortgage as may be requisite to carry out this provision; and the execution of such mortgage deed by the Registrar shall have the same effect as the execution thereof by the judgment debtor, or other necessary parties. 14.--If the amount decreed with costs and all charges and expenses which may be incurred by the attachment be paid into Court, or if satisfac- tion of the decree be otherwise made, an order shall be issued for the withdrawal of the attachment; and if the defendant shall desire it, and shall deposit in Court a sum sufficient to cover the expense, the order shall