Effect of Ser- vice of Writ attaching moveable Property.
Sale of moveable Property by
320
CODE OF CIVIL PROCEDURE-HONGKONG
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 therein to whic the defendant mentioned in such writ is then beneficially entitled, whether solly 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 bonâ 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 Order of Court. grounds as it shall deem sufficient, 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 proceeds to be paid into Court.
Punishment of
Garnishee
disposing of
attached Pro- perty without Leave.
'Custody by Sheriff
Notice of Foreign Attachment.
Notiee to
absent Defend- ant may be ́ordered.
Proceedings
after Issue of Writ.
Examination **f Garnishee,
at
13.--Any garnishee who shall without leave or order of the Court, time after the service of the writ and before the attichment shall any be dissolved, knowingly and wilfully part with the custody or control of any property attached in his hands, 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 only 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 satisfaction 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, or 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 twice in the Gazette, and twice in some local newspaper, unless the Court shall, by reason of the defendant having entered an appearance, or upon any other grund, dispense with the pub ication of such notice.
16.-In cases where the place of residence of the defendant out of the jurisdiction s all be known, the Court may, if 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 out of the jurisdictin, and that further proceedings be stayed until further order, but without prejudice to the attachment under the writ.
17. After the issue of the writ of foreign attachment (but subject to the provisions of te last preceding paragraph) the plaintiff may forth- with tile 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 laring of the petition the Court shall proceed to enquire and cetermine whether in fact the plaintiffs case is within the provisions berein contained relating to foreign attachment, and whether the plaintiff has established his claim, and shall pronounce judgment 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 cable or immoveable is subject to attachment under the writ issued,