294
On any return of non est inventus and on affidavit filed, &c. plaintiff may proceed against an absent defendant by foreign attachment.
Form of attachment and how served.
Proviso as to proof where cause of action accrued.
Public notice to be given.
Property and debts bound from the time of attachment served.
ORDINANCE No. 2 of 1855.
Foreign Attachment.
1. Be it therefore enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, that in every action at law which shall hereafter be commenced in the Supreme Court of Hongkong wherein the writ of summons or of capias shall as to any defendant named therein be returned non est inventus if upon or after such return an affidavit shall be filed on behalf of the plaintiff (in addition to a full affidavit of the cause of action that such cause of action arose within this Island or its dependencies and that to the best of the deponent's belief such defendant does not reside within this Island or its dependencies and is to the best of the deponent's belief possessed of or entitled to or otherwise beneficially interested in any lands monies securities for money chattels or other property in the custody or under the control of any person or persons in this Island or its dependencies (to be named in such affidavit) or that any such person or persons is or are indebted to such defendant the plaintiff may proceed against such defendant by process of foreign attachment in the manner hereinafter directed.
2. And be it enacted and ordained that at any time after the filing of such affidavit as aforesaid a writ of foreign attachment shall be issued at the plaintiff's instance as of course and every such writ shall be in the form or to the effect of the form contained in the schedule to this Ordinance marked A and be returnable into the said Court not less than fourteen days nor more than sixty days next after the date thereof and shall be served upon the several garnishees or persons therein named in whose hands it is intended thereby to attach any such lands monies chattels or debts by delivering a copy thereof to each such garnishee personally or by leaving the same at his or her then or then last usual place of abode. Provided always that final judgment shall in no case be signed in any such action until an entry shall have been made on the record of the issue of such writ of attachment with a suggestion of the fact that the cause or causes of action so arose as aforesaid and that in case it shall at any time appear that the cause of action did not arise within this Island or its dependencies the attachment shall be forthwith dissolved with costs to be paid by the plaintiff to such parties and in such manner as the Court shall direct.
3. And be it enacted and ordained that in addition to such service the plaintiff shall also cause a notice of the issue of such writ signed by him or his attorney to be published not less than twice in the Government Gazette and also not less than twice in one newspaper published within this Colony and every such notice shall be in the form or to the effect of the form contained in the schedule to this Ordinance marked B and the last of such publications thereof shall be one week at the least before the day on which the writ of attachment shall be so made returnable.
4. And be it enacted and ordained that from the time of the service of such writ upon any such garnishee or person as aforesaid all and singular the lands monies and chattels bills bonds and other property of whatsoever nature in the custody or under the control of such garnishee then belonging to the defendant against whom the same writ issued or to or in which such defendant shall then be legally or equitably entitled or otherwise beneficially interested and whether solely or jointly with any other person