1236
Enforcement
of judgment against disobedient corporation. O.42 r. 81.
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
by the Court, at the cost of the disobedient party, and, upon the act being done, the expenses incurred may be ascertained in such manner as the Court may direct, and execution may issue for the amount so ascertained, and costs.
451. Any judgment against a corporation which is wilfully disobeyed may, by leave of the Court, be enforced by sequestration against the corporate property, or by committal of the directors or other officers thereof, or by writ of sequestration against their property.
Proceedings by foreign attachment.
H. K. Code, s. 82 (1).
Issue of writ of foreign attachment. [ib. s. 82 (2).]
*
form 38.
PART II.
SPECIAL ACTIONS AND PROCEEDINGS.
CHAPTER XVII.
FOREIGN ATTACHMENT.
452. Proceedings by foreign attachment may be taken in the manner hereinafter prescribed in any action, provided that the cause of action arose within the jurisdiction.
453.-(1) On the filing in Court by the plaintiff in any such action of an affidavit to the following effect :-
(a) that the cause of action arose within the jurisdiction;
(b) that the plaintiff has taken out a writ of summons against the defendant, but that the defendant is absent from the Colony or that there is probable cause to believe that the defendant is concealing himself to evade proceedings; and
(c) that the defendant is beneficially entitled to movable property within the jurisdiction in the custody or under the control of any other person within the jurisdiction, or that such other person (hereafter in this Chapter called the garnishee) is indebted to the defendant, or that the defendant is beneficially entitled to immovable property, or to any interest therein, within the jurisdiction, and on the giving of the bond hereinafter mentioned, the Registrar may issue a writ of general attachment against all the property, movable and immovable, of the defendant within the jurisdiction.
(2) The writ shall be called a writ of foreign attachment, and shall be made returnable not less than 14 days after the date thereof, except by special leave of the Court.
As amended by No. 50 of 1911.
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