ORDINANCE No. 2 OF 1855 . 295
Foreign Attachment.
or persons and all debts of every kind then due by any such garnishee to such
defendant although the same or part thereof may be payable only at a future day shall
to the extent of such defendant's right title and interest therein respectively be attached
in the hands of such garnishee and (subject to any bona fide prior claims or liens
thereon) be liable to the satisfaction of the particular demand or cause of action of
which he shall by the said writ have had notice-and any such garnishee or person who
shall without the leave of the said Court at any time after such service and before the
said attachment shall be dissolved as hereinafter mentioned sell or otherwise knowingly
dispose of or part with any such property or pay over any such debt or any part thereof
excepting only to or to the use of the plaintiff in such writ shall upon the application
in a summary way of such plaintiff to the said Court and on proof of the facts to the
satisfaction of the said Court pay such damages to the said plaintiff as the said Court
shall in that behalf think fit to order.
5. And be it enacted and ordained that upon the return of every such writ of Enquiry as to
property in
attachment as aforesaid or as soon after as conveniently may be and upon such other garnishee's
hands.
day or days of adjournment if any as shall in that behalf be directed the said Court
shall proceed to enquire and determine whether in fact the plaintiff's cause of action
.
arose within this Island or its dependencies and if so then what lands monies chattels
and other property as aforesaid sufficient to satisfy the plaintiff's cause of action
together with his costs of suit then are or were at the time of the service of the same
writ in the custody or under the control of any such garnishee or person as aforesaid
belonging to the defendant or to or in which he was at that time entitled or interested
as aforesaid and what debts were then due to such defendant from any such garnishee
or person and the particulars thereof and whether the same lands monies and other
property and debts or any part or parts thereof are or can be made available for the
purpose of making such satisfaction as aforesaid and to what amount respectively and
for the purposes of such enquiry and determination it shall be lawful for the said
Court in a summary way to examine or permit the said plaintiff to examine vivâ voce
upon oath every such garnishee or person together with such witnesses (if any) as the
said Court may think proper to be so examined and for that purpose to make such
orders and issue such summonses to witnesses as may in that behalf be deemed expe
dient and any such garnishee or person as aforesaid or witness who shall refuse or
neglect to attend according to the exigency of any such writ of attachment or to obey
any such order or summons or shall refuse to be so examined shall be liable to be sum
marily proceeded against as in cases of contempt of Court and to be punished accor
dingly.
6. And be it enacted and ordained that if any such garnishee or person in whose Disposal of
goods, &c. by
hands any such lands goods or property as aforesaid shall have been so attached shall be leave of Court.
desirous of disposing of the same or any part thereof or of receiving the amount of any
such bill or bond or other chose in action or any part thereof pending such attachment
and shall apply for that purpose to the said Court it shall be lawful for the said Court
(due notice baving been given to the plaintiff of such intended application) to author