Effect of Ber- vice of Writ attaching moveable Property.
Sale of moveable Property by Order of Court.
Punishment of Garnishee disposing of attached Pro- perty without Leave.
Custody by Sheriff.
Notice of Foreign Attachment.
Notice to
320
CODE OF CIVIL I ROCEDURE-HO..GKONG
11. From the time of the service upon the garnishee of a writ of foreign attachment, all property whatsoever, within the jurisdiction, other than lands, or any interest ti erein to which the defendant mentioned in such writ is then beneficially entitled, whether solely or jointly with others, and which is in the custody or under the control of the garnishee, and all debts then due or accruing due by the garnishee to the defendant, shall, to the extent of the defendant's interest therein, and subject to Crown debts and to any bond fide prior title thereto, or lien or charge thereon, and to the rights and powers of prior incumbrancers, be respectively attached in the hands of such garnishee, to satisfy the claim of the plaintiff.
12. The Court may, at any time before judgment, upon such grounds as it shall deem suffic.ent, order any property, other than lands, or any interest therein, attached under such writ, to be sold in such man- ner as it shall direct, and the net pr ceeds to be paid into Court.
13. Any garnishce who shall without leave or order of te Court, at any time after the service of the writ and before the attachment shall be dissolved, knowingly and wilfully part with the custody or control of any property attached in his hans, or remove the same out of the juris- diction of the Court, or sell or dispose of the same, or pay over any debt due by him to the defendant, excepting o ly to or to the use of the plain- tiff, shall pay such damages to the paintiff as the Court shall award, and he shall be deemed guilty of contempt of Court: Provided t at the Court shall not award a larger amount of damages than it is competent to decree in an action for damages, and such award shall bar any suit for damages in respect of such attachment.
14.- In all cases where it shall be made to appear to the satisfactiou of the Registrar by affidavit or otherwise that there is reasonable cause to believe that any property attached is in danger of being removed out of the jurisdiction, or of being sold, cr otherwise disposed of, the Regis- trar may, by an order in writing, direct the Sheriff to seize such property and detain the same subject to the order of the Court: and the Sheriff shall thereupon seize and detain such property accordingly.
15.-Notice of the issue of the writ of foreign attachment shall be inserted 'wice in the Gazette, aud twice in some local newspaper, unless the Court shall, by reason of the defendant having entered an appearance, or upon any other gr und, dispense with the pub'ication of such notice.
16.-In cases where the place of residence of the defendant out of absent Defend the jurisdiction s all be known, the Court may, it it shall think fit, upon the application of the garnishee, or of any friend or agent of the defen- dant, or of its own motion, and upon such terms as it may deem reason- able, order that notice of the writ be served upon the defendant oat of the jurisdicti n, and that f rther proceedings be stayed until further order, but without prejudice to the attachment nor the writ.
ant may be ordered.
Proceedings after Issue of Writ.
Examination
of Garnishee,
17. After the issue of the writ of tore tachment (but subject to the provisions of te last preceding paragrap) the plaintiff may forth- with file his petition, and upon such day after the return of the writ as the Court shall appoint, may proceed to establish his claim as in ordinary suit in which there has been due service of the writ of summons and leave has been obtained to proceed ex parte.
18. Upon the hearing of the petition the Court shall proceed to enquire and determine whether in fact the plaintiff's case is within the provisions herein contained relating to foreign a:tachment, and whether the plaintiff has established his claim, and shall pronounce judginent accordingly; and if the plaintiff shall obtain a judgment, the Court may, at the same or any subsequent sitting, examine, or permit the plaintiff to examine, the garnishee and any other persons, and determine what property mo.eable or immoveable is subject to attachment under the writ issued.