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. If the Garnishee does not forthwith pay into Court the Amount due from him to the Judgment Debtor, or an Amount equal to the Sum payable under such Judgment, Order or Decree and does not dispute the Debt due or claimed to be due from him to the Judgment Debtor, or if he does not appear upon Summons, then the court may order Execution to issue, and it may be sued forth accordingly, without any previous Process, to levy the Amount due from such Garnishee towards Satisfaction of such Judgment, Order or Decree.
If the Garnishee disputes his liabilities, the Court instead of making an Order that Execution shall issue, may order that the Judgment creditor shall be at liberty to proceed against the Garnishee by Petition, and the proceeding therein shall be the same as in an Ordinary Suit.
There shall be kept in the Registrar's Office a Debt Attachment Book, and in such Book Entries shall be made of the Attachment and Proceedings thereon, with Names, Dates and Statements of the Amount recovered and otherwise; and Copies of any Entries made therein may be taken by any Person, upon Application to the Registrar.
Foreign Attachment.
Suits may be commenced by Process of Foreign Attachment in manner hereinafter provided, in all Claims on Contracts, and for Detinue or Trover, provided that the Breach of Contract or the Detention or Conversion upon which such Claims shall be founded respectively shall have occurred within the Colony.
Upon the filing in Court by the Plaintiff in any such Suit, of an affidavit to the following effect, that is to say:-
1. That the Case is within the Provisions of the last preceding Section;
2. 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;
3. That the Defendant is beneficially entitled to Lands or to any Interest therein within the Colony, or to any Monies, Securities for Money, Goods, Chattels or other Property whatsoever in the Custody or under the Control of any Person within the Jurisdiction, or that such Person (hereinafter called the Garnishee) is indebted to the Defendant;
The Registrar may issue a Writ of Foreign Attachment in Form ( ) or Form ( ) according as the Property intended to be attached shall consist of Land or any Interest therein or of such other Property as aforesaid.
Before any such Writ shall issue the Plaintiff or some one on his Behalf, shall enter into a Bond with one or more sufficient Sureties to be approved by the Registrar in a Penal Sum equal to twice the estimated value of the property sought to be attached, or in any less Sum by Special Leave of the Court, the condition of which said Bond shall be that in Case the Defendant shall, at any time within the period limited by this Ordinance in that Behalf, cause any Judgment which may be given in the Suit, to be reversed or varied the Plaintiff will pay to the Defendant all such Sums of Money, Damages, Costs and Charges as the Court may Order, on account of or in relation to the said Suit and the said Attachment or either of them; and such Bond shall be in such Form as the Court shall approve or direct.
Where two or more Writs of Foreign Attachment shall issue, they shall take Priority respectively according to the Date and time of the Issue thereof, unless the Court shall otherwise direct.
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