THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.
PART IV.
FOREIGN ATTACHMENT AND OTHER
SPECIAL SUITS.
CHAPTER XIII.
Foreign Attachment.
LXXXII. Proceedings by Foreign Attachment may be taken In what Cases. in Manner hereinafter prescribed in all Suits founded on Con-
tract or for Detinue or Trover provided that the Cause of Action
arose within the Jurisdiction.
2. Upon the Filing in Court by the Plaintiff in any such Suit Affidavit to be of an Affidavit to the following Effect, that is to say:-
(a.). That the Cause of Action arose within the Jurisdiction; (b.) That the Plaintiff has taken out a Writ of Summons against the Defendant, but that the Defendant is absent from the Colony or that there is probable Cause to believe that the Defendant is concealing himself to evade Proceedings;
filed.
(c.) That the Defendant is beneficially entitled to Lands, or to any Interest therein, within the Jurisdiction, or to any Monies, Securities for Money, Goods, Chattels, or other Property whatsoever within the Jurisdiction in the Cus- tody, or under the Control of any other Person within the Jurisdiction, or that such other Person (hereinafter called the Garnishee) is indebted to the Defendant; the Registrar may issue a Writ of General Attachment against Issue of Writ. all the Property moveable and immoveable of the Defendant within the Jurisdiction which shall be called Writ of "Foreign Attachment" and shall be made returnable not less than Fourteen Days after the Date thereof except by special Leave of the Court.
3. Absence from the Colony shall for the Purpose of Proceed- Absence from ings by Foreign Attachment be taken to be Absence for the the Colony. Time being, whether the Party shall ever have been within the Colony or not.
before Issue of
4. Before any such Writ shall issue, the Plaintiff or some one Bond to be on his Behalf, shall enter into a Bond with one or more sufficient entered into Sureties to be approved by the Registrar in a penal Sum equal Writ. to twice the Amount of the Claim, or in any less Sum by special Leave of the Court, the Condition of which said Bond shall be that in Case the Defendant shall, at any Time within the Period limited by this Ordinance in that Behalf, cause the Writ to be set aside, or any Judgment which may be given in the Suit to be reversed or varied, the Plaintiff will pay to the Defendant all such Summs of Money, Damages, Costs and Charges as the Court may order and award on account of, or in relation to the said Suit and the said Attachment or either of them: Provided that the Court, shall not award a larger Amount of Damages than it is corpetent to decree in an Action for Damages and such Award shall bar any Suit for Damages in respect of such Attachment.
5. The Bond shall be in such Form as the Court may, from Form thereof. Time to Time, or in any particular Case, approve and direct, and shall be entered into before the Registrar, and deposited in Court; and whenever it shall be made to appear to the Satisfaction of the Court upon Affidavit or otherwise that under the Circum- stances it is expedient that the Writ should issue forthwith and before the Bond shall have been entered into as aforesaid, the Court may order the Writ to issue accordingly, upon such Terms, as it shall think fit, and by the same Order shall limit the Time, not exceeding Seven Days from the Date of the Issue of the Writ, within which the Bond must be entered into and de- posited as aforesaid; and in the Case of Default of complying with the Requirements of such Order within the Time thereby limited, the Court may dissolve the Writ, and thereupon may award Costs and Damages to the Defendant in the Manner hereinbefore provided in the Case of a Writ being set aside or a Judgment in the Suit being reversed or varied.
6. All Writs of Foreign Attachment against moveable Pro- Writ how *perty shall be executed by the Sheriff.
executed.
7. Where two or more Writs of Foreign Attachment shall Priority of issue at the Suit of different Plaintiffs, they shall take Priority Writs, respectively according to the Date and Time at which they reach the Hands of the Sheriff for Execution. The Sheriff shall in- dorse upon the Writ the Date and Time of the Receipt thereof,
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