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3. Where the property shall consist of goods, chattels, or other moveable property to which the defendant is entitled subject to a lien or right of some other person to the immediate possession thereof, the attachment shall be made by a written order prohibit- ing the person in possession from giving over the property to the defendant.
Or any its-
terest & Inser
ted to meet the case of an equity of redemption.
Sec Decisions on
4. Where the property shall consist of lands, houses, or other immoveable property, or any interest therein either at law or in equity, the attachment shall be made by a written order prohibiting the defendant from alienating the property by sale, gift, or in any other way,
and all persons from receiving the same by purchase, gift, or otherwise. LC. 5. Where the property shall consist of debts not being negotiable instruments, or of shares in any public Company or Corporation, the attachment shall be made by a written order prohibiting the creditor from receiving the debts, and the debtor from making payment thereof to any person whomsoever, until the further order of the Court or prohibiting the person in whose name the shares may be standing from making any transfer of the shares or receiving payment of any dividends thereof, and the Manager, Secretary, or other proper Officer of the Company or Corporation from permitting any such transfer or making any such payment, until such further order.
6. Where the property shall consist of money, or of any security, in deposit in any Court of Justice or in the hands of any Officer of Government, which is or may become payable to the defendant or on his behalf, the attachment shall be made by a notice to such Court or Officer, requesting that the money or security may be held subject to the further order of the Court by which the notice may be issued, and any question of title or priority which may arise, shall be determined by the Court.
7. Where the property shall consist of a negotiable instrument, the attachment shall be made by actual seizure, and the Sheriff or other Officer shall bring the same into Court, and such instrument shall be held subject to the further orders of the Court.
8. In the case of goods, chattels, or other moveable property not in the possession of the defendant, the written order shall be fixed up in some conspicuous part of the Court-house, and a copy of the order shall be delivered to the person in possession of the property. In the case of lands, houses, or other immoveable property, or any inte- rest therein the written order shall be fixed up in some conspicuous part of the Court- house and may be registered in the Land Office under Ordinance No. 3 of 1844. In the case of debts, the written order shall be fixed up in some conspicuous part of the Court-house, and copies of the written order shall be delivered or sent registered by post to each individual debtor. And in case of shares in the capital or joint-stock of any public Company or Corporation, the written order shall in like manner be fixed up in some conspicuous part of the Court-house, and a copy of the order shall be delivered or sent registered by post to the Manager, Secretary, or other proper Officer of the Company or Corporation.
9. After any attachment shall have been made by actual seizure, or by written order as aforesaid, and in the case of an attachment by written order after it shall have been duly intimated and made known in manner aforesaid, any private alienation of the pro- perty attached, whether by sale, gift, or otherwise, and any payment of the debt or debts or dividends or shares to the defendant during the continuance of the attachment shall be null and void.
10. In every case in which a debtor shall be prohibited from making payment of his debt to the creditor, he may pay the amount into Court, and such payment shall have the same effect as payment to the party entitled to receive the debt."
11. In all cases of attachment under the preceding Sections, it shall be competent to the Court, at any time during the attachment, to direct that any part of the property so attached as shall consist of money or bank-notes, or a sufficient part thereof, shall be paid over to the party applying for execution of the decree, or that any part of the pro- perty so attached as may not consist of money or bank-notes, so far as may be necessary for the satisfaction of the decree, shall be sold, and that the money which may be realiz- ed by such sale, or a sufficient part thereof, shall be paid to such party.
12 When the property attached shall consist of debts due to the party who may be answerable for the amount of the decree, or of any lands, houses, or other immoveable property, it shall be competent to the Court to appoint a manager of the said property, with power to sue for the debts, and to collect the rents or other receipts and profits of the land or other immoveable property, and to execute such deeds or instruments in writing as may be necessary for the purpose, and to pay and apply such rents, profits, or receipts towards the payment of the amount of the decree, and costs; or when the property attached shall consist of land, if the judgment debtor can satisfy the Court that there is reasonable ground to believe that the amount of the judgment may be
N-This para-
graph has been inserted to meet the case of foreign attach- ment.
1. C. 246-247.
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raised by the mortgage of the land, or by letting it on lease, or by disposing by private sale of a portion of the land, or of any other property belonging to the judgment debtor it shall be competent to the Court, on the application of the judgment debtor, to post- pone the sale for such period as it may think proper, to enable the judgment debtor to raise the amount. In any case in which a manager shall be appointed under this section, such manager shall be bound to render due and proper accounts of his receipts and disbursements from time to time as the Court may direct.
13. If the judgment-debtor shall be absent from the Colony and it shall appear to the satisfaction of the Court that the public sale of any of his property which has been attached consisting of lands, houses, or any interest therein, is objectionable, and that satisfaction of the decree 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 public sale of such property, order that provision be made for the satisfaction of the decree by mortgage thereof, and may authorize the Registrar, if necessary, to execute the mortgage deed in lieu of the judgment-debtor or 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 or other necessary parties.
14. If the amount decreed with costs and all charges and expenses which may be in- curred by the attachment be paid into Court, or if satisfaction of the decree be otherwise made, an order shall be issued for the withdrawal of the attachment; and if the defendant shall desire it and shall deposit in Court a sum sufficient to cover the ex- pense, the order shall be notified in the same manner as hereinbefore prescribed for the notification of the attachment; and such steps shall be taken as inay be necessary for staying further proceedings in execution of the decree.
Of Claims to Attached Property.
LXXIV. In the event of any claim being preferred to, or objection offered against, the sale of lands or any other immoveable or moveable property which may have been attached in execution of a decree or under any order for attachment passed before judgment, as not liable to be sold in execution of a decree against the defendant, the Court shall, subject to the proviso contained in the next succeeding section, proceed to investigate the same with the like powers as if the claimant had been originally made a defendant to the suit, and also with such powers as regards the summoning of the original defendant as are contained in section LXX, Para. 5, and if it shall appear to the satisfaction of the Court that the land or other immoveable or mo- veable property was not in the possession of the party against whom execution is sought, or of some other person in trust for him, or in the occupancy of other persons paying rent to him at the time when the property was attached, or that, being in the possession of the party himself 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 pass an order for releasing the said property from attachment. But if it shall appear to the satisfaction of the Court that the land or other immoveable or moveable property was in possession of the party against whom execution is sought, as his own property, and not on account of any other person, or was in the possession of some other person in trust for him, or in the occupancy of other persons paying rent to him at the time when the property was attached, the Court shall disallow the claim. The party against whom the order may be given shall be at liberty to bring a suit to establish his right at any time within one year from the date of the order.
2. The claim or objection shall be made at the earliest opportunity to the Court which shall have ordered the attachment; and if the property to which the claim or objection applies, shall have been advertised for sale, the sale may (if it appears ne- cessary) be postponed for the purpose of making the investigation mentioned in the last preceding Section: Provided that no such investigation shall be made if it appear 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 by a regular suit,
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