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THE HONGKONG GOVERNMENT GAZETTE, 17TH DECEMBER, 1870.
Attachment and Proceedings thereon, with Names, Dates and kept by the Statements of the Amount recovered and otherwise; and Copies of Clerk of the any Entries made therein may be taken by any Person, upon Court. Application to the Clerk of the Court.
Foreign Attachment.
Detinue and
XII. Proceedings by Foreign Attachment may be taken in the Actions of Court, in Manner liereinafter provided, in all Actions on Contracts, Contraet, and in Actions of Detinue and Trover, provided that the Breach Trover. of Coutract 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, in any such Action as aforesaid :—
by Foreign
1. That the Case is within the Provisions of the last preced- Attachment.
ing Section.
2. That the Bailiff is unable to serve a 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 Control of any Person within the Jurisdiction, or that such Person (hereinafter called the Garnishce) 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 Behalf, 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.
Writs.
Property
XIV. Where Two or more Writs of Foreiga Attachment shall Friority of be served on the same Garnishee they shall take Priority respec- 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 Garnishee all such Property as aforesaid to which the Defendant attached from mentioned in such Writ is beneficially entitled, whether solely or Service of jointly with others, and which is in the Custody or under the
Writ, subject Control of the Garnishee, and all Debts then due or accruing or Lien.
to prior Title 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 Terms as he shall think reasonable.
dissolve
attached with-
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 Con- Property trol of any Property attached in his Hands, or remove the same out Leave of out of the Jurisdiction of the Court, or sell or dispose of the same, the Court. or pay over any Debt due by him to the Defendant excepting only to or to the Use of the Plaintiff, shall pay such Damages to the Plaintiff as the Court shall award and shall be liable to the same Punishment as is provided in the Case of a Person guilty of any Contempt before the Court by Section XIX of the Principal Ordinance.
XVIII. After the Issue of a Writ of Foreign Attachment, the Proceedings Plaintiff may proceed with his Action as if there had been due upon Issue of Service of the Summons, and shall establish his Claim to the Writ. Satisfaction of the Judge, and in Case he shall obtain a Judgment, the Judge may at the same or any subsequent Sitting examine the Garnishee and determine what Property is subject to Attach- Examination ment in his Hands under the Writ served upon him, and in Cases of Garnishee. where the Defendant shall have appeared and defended the Action, Order thereon may forthwith order such Property or any Part thereof to be where Defend- applied in Satisfaction of the Judgment and for that Purpose may, if necessary, make any Order for the Sale and Realization thereof as the Circumstances of the Case require.
ant appears.
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