744
Attachment of ship in case of ad- verse claims to goods laden on board.
H. K. Code, B. 82 (22.)
Procedure where sev- eral claims to property attached.
Ib. s. 82 (23.)
Staying pro- ceedings against
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901
writing filed in the Registry at any time after the attachment, disputes the liability of the property to attachment, the Court may order that any issue or question necessary for determining such liability shall be tried and determined in any manner in which any issue or question in an action may be tried and determined. On such examination and at such trial or determination, the garnishee may be represented by counsel and solicitor.
(3.) The Court may, at the instance of any person interested in the inquiry or of its own motion, summon any person whom it may think necessary and examine him in relation to such property as aforesaid and may require the garnishee, as well as any person summoned aforesaid, to produce all deeds and documents in his possession or power relating to such property.
(4.) If the plaintiff obtains judgment, the Court may, at the time of pronouncing judgment in favour of the plaintiff or at any subsequent sitting, order that execution shall issue against all or any part of the property attached which the Court may have declared to be liable to satisfy the plaintiff's claim; and all the provisions of this Code relating to execution of judgment in an ordinary action shall apply to the execution so ordered.
(5.) If the plaintiff fails to obtain judgment, the Court shall there- upon dissolve the writ.
471. Where there are two or more claimants to any goods laden on board of any ship, and the ship is attached in an action against the ship owner for the non-delivery of the goods, the Court may stay the proceedings on such terms as the Court may think proper, and order the 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 make such orders as may be necessary for the determination of the rights of the claimants, on such terms as to security and other matters as may seem just.
472. Where there are two or more claimants to any property attached under a writ or to any interest therein, the Court may, in its 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 may think fit, either under this Chapter or under the provisions of this Code relating to claims to attached property or to interpleader proceedings.
473. The Court may stay proceedings in any action commenced against a garnishee under the provisions of this Chapter in respect of property attached in his hands, on such terms as may seem just.