187
THE HONGKONG GOVERNMENT GAZETTE, 6TH MAY, 1871.
[No. 6 of 1855, 8. 54.]
[No. 6 of 1855, s. 55.]
[No. 6 of 1855, 8. 57.]
due from
IX. If the Garnishee does not forthwith pay into Court the Proceedings Amount due from him to the Judgment Debtor, or an Amount tolevy Amount equal to the Judgment Debt, and does not dispute the Debt due or Garnishee to claimed to be due from him to the Judgment Debtor, or if he does Judgment not appear upon Summons, then the Court may order Execution Debtor. to issue, and it may be sued forth accordingly, without any pre- vious Writ or Process, to levy the Amount due from such Garni- shee towards Satisfaction of the Judgment Debt.
X. If the Garnishee disputes his Liability, the Court, instead Proceeding of making an Order that Execution shall issue, may order that against the Judgment Creditor shall be at Liberty to proceed against the Garnishee. Garnishee by Summons calling upon him to show Cause why there should not be Execution against him for the alleged Debt, or for the Amount due to the Judgment Debtor, if less than the Judgment Debt, and for Cost of Suit.
Clerk of the
XI. There shall be kept in the Office of the Court a Debt Attachment Attachment Book, and in such Book Entries shall be made of the Book to be Attachment and Proceedings thereon, with Names, Dates and kept by the Statements of the Amount recovered and otherwise; and Copies of Court. any Entries made therein may be taken by any Person, upon Application to the Clerk of the Court.
Foreign Attachment.
Trover.
XII. Proceedings by Foreign Attachment may be taken in the Actions of Court, in Manner hereinafter provided, in all Actions on Contracts, Contract, and in Actions of Detinue and Trover, provided that the Breach Detinue and of Contract or the Detention or Conversion upon which such Actions shall be founded respectively shall have occurred within the Colony, and that the Sum in Dispute shall not exceed Five hundred Dollars.
XIII. If it shall appear to the Satisfaction of the Judge, by Proceedings Affidavit or otherwise :-
by Foreign
1. That the Plaintiff has taken out a Summons against the Attachment.
Defendant, and that the Case is within the Provisions of
the last preceding Section;
2. That the Bailiff is unable to serve the Summons upon the Defendant by Reason of his Absence from the Colony, or that there is probable Cause to believe that the De- fendant is concealing himself to evade Process;
3. That the Defendant is beneficially entitled to any Monies, Securities for Money, Chattels or other Property what- soever (other than Lands or any Interest therein) in the Custody or under the Controi of any Persea within the Jurisdiction, or that such Person (hereinafter called the Garnishee) is indebted to the Defendant; The Judge may order that a Writ of Foreign Attachment in the Form or to the Effect contained in the First Schedule of this Ordinance, shall issue, and that Service thereof shall forthwith be made upon such Garnishee: Provided always, that no such Order shall be made unless the Plaintiff or some one on his Behalf shall first enter into a Bond with One or more sufficient Sureties to be approved by the Court in such Sum as the Court shall think fit to order, 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 Beliaif, cause the Judgment therein given to be reversed or varied, the Plaintiff will pay to the Defendant all such Sums of Money, Damages, Costs and Charges as the Court may order, on account of or in relation to the said Action and the said Attachment or either of them; and such Bond shall be in such Form as the Court shall approve or direct.
XIV. Where Two or more Writs of Foreign Attachment shall Friority of bo served on the same Garnishee they shall take Priority respec- Writs. tively according to the Date and Time of the Order made by the Judge for the Issue thereof, unless the Judge shall otherwise direct.
XV. From the Time of the Service of the Writ upon the Property Garnishee all such Property as aforesaid to which the Defendant attached from mentioned in such Writ is beneficially entitled, whether solely or Service of
Writ, subject jointly with others, and which is in the Custody or under the
to prior Title Control of the Garnishee, and all Debts then due or accruing or Lien. due by the Garnishee to the Defendant, shall to the Extent of the Defendant's Interest therein be respectively attached in the Hands of such Garnishee (subject to any bona-fide prior Title thereto or Lien thereon) to satisfy the Claim of the Plaintiff.
XVI. The Judge may at any Time, upon such Grounds as he Power to sell shall deem sufficient, order any Property attached under such Property Writ to be sold in such Manner as he shall direct and the net attached, or Proceeds to be paid into Court, or may make an Order cancelling Attachment. such Writ and dissolving the Attachment either absolutely or upon such Terns as he shall think reasonable.
dissolve
XVII. Any Garnishee who shall without Leave or Order of the Penalty for Court at any Time after the Service of Writ and before the Attach- disposing of ment shall be dissolved, knowingly part with the Custody or Cou- Property trol of any Property attached in his Hands, or remove the same
attached with-
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