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1228
No. 3 of 1901.
Costs of proceedings for attachment. 0.45 r. 9.
Investigation of claim to attached property, and order thereon.
H. K. Code, s. 77.
CODE OF CIVIL PROCEDURE
422. The costs of any application for an attachment of debts, and of any proceedings arising from or incidental to such application, shall be in the discretion of the Court.
Claim to Attached Property.
423.-(1) In the event of any claim being preferred to, or objection offered against the sale of, any movable or immovable property which has been attached in execution of a judgment or under any order for attachment made before judgment, as not liable to be sold in execution of the judgment, the Court shall, subject to the proviso hereinafter contained, proceed to investigate the same, with the like powers as if the claimant had been originally made a defendant to the action.
(2) If on the investigation it appears to the Court that the property was not in the possession of the judgment debtor or of some person in trust for him, or in the occupancy of some person paying rent to him, at the time when the property was attached, or that, being in the possession of the judgment debtor at such time, it was so in his possession not on his own account or as his own property, but on account of or in trust for some other person, the Court shall make an order for releasing the property from attachment.
(3) If on the investigation it appears to the Court that the property was in the possession of the judgment debtor on his own account or as his own property and not on account of or in trust for any other person, or was in the possession of some person in trust for him, or in the occupancy of some person paying rent to him, at the time when the property was attached, the Court shall disallow the claim. The party against whom such order of disallowance is made shall be at liberty to bring an action to establish his right at any time within 3 months from the date of the order.
(4) Any such claim or objection shall be made at the earliest opportunity, by notice in writing filed in the Registry and supported by affidavit; and if the property to which the claim or objection applies has been advertised for sale, the sale may (if it appears necessary) be postponed for the purpose of making the investigation : Provided that no such investigation shall be made if it appears that the making of the claim or objection was designedly and unnecessarily delayed, with a view to obstruct the ends of justice, and in such case the claimant shall be left to prosecute his claim, if he thinks fit, by an action in the ordinary way.