796
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
attached.
H.K. Code. s. 76 (12),
(13).
Withdrawal of attachment on satisfaction of judgment. H.K. Code, s. 76 (14).
Order for attachment of debts due to judgment debtor.
O. 45, r. 1.
*
Schedule. Forms Nos. 33, 34.
or of any other property belonging to the judgment debtor, the court may, on the application of the judgment debtor, postpone the sale of the property for such period as it may think fit, in order to enable the judgment debtor to raise the amount.
(2) If the judgment debtor is absent from the Colony and it appears to the satisfaction of the court that the sale of any of his property which has been attached, consisting of immovable property or any interest therein, is objectionable and that satisfaction of the judgment may be made within a reasonable period by a temporary alienation of such property, the court may of its own motion, instead of proceeding to a sale of such property, order that provision be made for the satisfaction of the judgment by mortgage of such property and may authorize the Registrar, if necessary, to execute the mortgage deed in lieu of the judgment debtor and any other necessary parties and may make such orders in relation to such mortgage as may be requisite to carry out this provision; and the execution of such mortgage deed by the Registrar shall have the same effect as the execution thereof by the judgment debtor and any other necessary parties.
411. If in any case the amount of the judgment, with all costs, charges, and expenses incurred by the attachment, is paid into court or if satisfaction of the judgment is otherwise made, the attachment shall be withdrawn; and such steps shall be taken as may be necessary for staying further proceedings in execution of the judgment.
Execution of judgment for money by attachment of debts.
412. (1) The court may, on the ex parte application of any person who has obtained a judgment for money, either before or after any oral examination of the judgment debtor, and upon an affidavit by himself or his solicitor stating that judgment has been recovered, and that it is still unsatisfied, and to what amount, and that any other person is indebted to the judgment debtor and is within the jurisdiction, order that all debts due or accruing from such third person (hereafter in this Chapter called the garnishee) to the judgment debtor shall be attached to answer the judgment.
(2) By the same or any subsequent order it may be ordered that the garnishee shall appear before the court to show cause why he should not pay to the person who has obtained the
# As amended by Law Rev. Ord., 1937.