SUPPLEMENT TO THE HONGKONG GOVERNMENT GAZETTE, 27TH SEPT., 1873. 449
the Return of the Writ as the Court shall appoint, may proceed to establish his Claim as in ordinary Suits 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 Examination to enquire and determine whether in fact the Plaintiff's Case is of Garnishoe. within the Provisions herein 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 Judginent, the Court may, at the same or any sub- sequent Sitting, examine or permit the Plaintiff to examine the Garnished and any other Persons, and determine what Property moveable or immoveable is subject to Attachment under the Writ issued.
Person as a Witness.
19. The Court may, of its own Motion, or at the Instance of Power to any Person interested in the Enquiry, summon any Person whom summon any it may think necessary and examine him in relation to such Property and may require the Garnishee as well as the Person summoned as aforesaid to produce all Deeds and Documents in his Possession or Power relating to such Property.
20. If the Plaintiff shall obtain Judgment the Court may, at the Proceedings of Time of pronouncing the Decree in favor of the Plaintiff or at Judgment. any subsequent Sitting, order that Execution do issue against all
or any Part of the Property attached which the Court shall have declared to be liable to satisfy the Plaintiff's Claim and all the Provisions of this Code relating to Execution of Decrees in Execution. ordinary Suits shall apply to Execution so ordered against the said Property
21. If the Plaintiff shall fail to obtain Judgment, the Court Dissolution of shall thereupon dissolve the Writ of Foreign Attachment issued Writ.
at his Suit.
22. Whenever there shall be two or more adverse Claimants to Attachment of any Goods laden on board of any Ship, and such Ship shall be Ships. attached in a Suit against the Shipowner for the Non-delivery of such Goods, the Court may, in its Discretion, on the Application of the Master, or of the Agent of the Shipowner, stay the Pro- ceedings upon such Terms as the Court shall deem reasonable and order such Goods to be landed and warehoused in custodiâ legis without Prejudice to the Master's Lien thereon, and may dissolve the Attachment against the Ship and may make such Orders as may be necessary for the Determination of the Rights of such adverse Claimants upon such Terms, as to Security and other Matters, as may seem just.
23. Whenever there shall be several Claimants to any Property Claims to Pro- attached or to any Interest therein, the Court may, in its perty attached. Discretion, summon before it all the Claimants and may make such Orders for the ascertaining of their respective Rights and for the Custody of the Property in the meanwhile as it shall, in its Discretion, think fit either under this Provision, or the Provisions of this Code relating to adverse Claims and to Claims to attached Property.
24. The Court may stay Proceedings in any Suit commenced Stay of Pro-
ceedings against Gar against a Garnishee in respect of Property attached in his Hands,
nishee. upon such Terms as it shall think fit.
25. The Court at any Time before Judgment, upon being Leave to defend satisfied by Affidavit or otherwise that the Defendant has a before Judg- substantial Ground of Defence, either wholly or in part, to the ment. Suit on the Merits, may give Leave to the Defendant to defend the Suit, without Prejudice to the Attachment under the Writ.
26. The Defendant, at any Time before any Property attached Release of Pro- in the Suit shall have been sold in Satisfaction of the Plaintiff's perty attached
on Security. being given. Clain, may apply to the Court upon Notice of Motion for an Order to dissolve the Attachment under the Writ as to the Whole or any Part of the Property attached, upon Security being given to answer the Plaintiff's Claim, and the Court may make such Order, either absolutely or upon such Terms as it may deem reasonable, and in the meanwhile may stay or postpone any Sale.
27. The Defendant may at any Time within Two Years from Suit may be the Date of the Judgment, notwithstanding that the Property re-opened attached, or any Part thereof, shall have been sold in Satisfaction Notice of Motion of the Plaintiff's Claim, apply to the Court upon for an Order to set aside the Judgment and for the Re-hearing of the Suit and for Leave to defend the same; and if it shall appear to the Satisfaction of the Court that the Defendant had no No- tice or Knowledge of the Suit and could not reasonably have made an earlier Application to the Court, and that he had at the Time of the obtaining of the Judgment and still has a substantial Ground of Defence, either wholly or in part, to the Suit on the Merits, it shall be lawful for the Court to grant such Order upon such Terms as it may deem reasonable.
within Two Years after Judginent.
28. The Reversal or setting aside of a Judgment, or the dis- Reversal of
Judgment not to affeef solving or setting aside of any Writ of Foreign Attachment, or any subsequent. Proceedings, shall not affect the Title of fide Purchaser for valuable Consideration of any Property sold in satisfaction of the Plaintiff's Claim,
any bond Purchasers.