1214
Claim or lien of third person to or on debt, and proceedings thereon. O. 45, rr. 5, 6.
Effect of payment by or execution on garnishee. O. 45, r. 7.
Payment of proceeds of debts attached to judgment creditor. H.K. Code, s. 76(11).
Appointment of manager of debts attached. No. 3 of 1901.
CODE OF CIVIL PROCEDURE
417.—(1) Where, in any proceeding to obtain an attachment of a debt, it is suggested by the garnishee that the debt sought to be attached belongs to some third person, or that some third person has a lien or charge upon it, the court may order such third person to appear and state the nature and particulars of his claim upon such debt.
(2) After hearing the allegations of any third person under such order, and of any other person whom, by the same or any subsequent order, the court may order to appear, or in case of such third person not appearing when ordered, the court may order execution to issue to levy the amount due from the garnishee or so much thereof as may be sufficient to satisfy the judgment, or any issue or question to be tried or determined according to section 416, and may bar the claim of such third person or make such other order as the court may think fit, on such terms, in all cases, with respect to the lien or charge, if any, of such third person, and to costs, as the court may think just.
418. Payment made by or execution levied upon the garnishee under any such proceeding as aforesaid shall be a valid discharge to him as against the judgment debtor as to the amount paid or levied, although such proceeding may be set aside or the judgment reversed.
419. In any case of attachment of debts the court may direct that the debts so attached shall, so far as may be necessary to satisfy the judgment, be sold, and that the money which may be realized by such sale, or a sufficient part thereof, shall be paid to the judgment creditor.
420.—(1) In any case of attachment of debts the court may appoint a manager of such debts, with power to sue for such debts and to execute such deeds or other instruments in writing as may be necessary for the purpose, and to pay and apply the proceeds of such debts towards the payment of the amount of the judgment and costs. s. 76(12).
(2) In any case in which a manager is appointed under this section, such manager shall be bound to render from time to time due and proper accounts of his receipts and disbursements, as the court may direct.
* As amended by Law Rev. Ord., 1924.