XVII
HONGKONG
!
ORDINANCES.
Jiens thereon) be liable to the satisfaction of the she plaintiff to cœure nu appearance tu be entered particular demand or esuse of action of which hel for the defendant against whong the same aliali hall by the said writ have had notice Aud any have so issued, and to procvel thereon as if such such garuichee or perzon who shall without the defendant resided within this Colony, and bad as leave of the said Court at any time after such peared to the action in persD:-Provided that service, and before the mid attachment shall be diz "Fuch bond us is in that bebs:f her-inafter mention- Bolved, as bereinafter mentioned, sell or otherwise ed shall have been duly entered into before final knowingly dispose of ur part with any such pro- 'judgment be given therein. perty, or pay over such debt or any part ther· o: ex- VIII. Court to determine what property is to cepting only to or to the use of the plaintiff in such continuar seķiet to the attachment.--Aud be it enact- writ, shall upon the application in a suturuary way:ed and ordained, that so soon as upon any such of such plaintiff to the said Court, and on proof of examination or enquiry, as aforesaid, it shall be the facts to the satisfaction of the said Court, pay asertaised by the Court what lands, monies, or anch damages to the said plaintiff as the said Court other such property and debts, as aforesaid, can be shail in that behalf think fit to order.
made available for the purpose of making such V. Enquiry as to property in gurnishee's hands— satisfaction to the plaintiff, as aforerad, the aid And be it enacted and ordained, that upon the Court shall forthwith order the suns, or such part return of every such Writ of Attachment as afore or parts ther of re-pectively, as it shall think Baid, or as soon after as conveniently may be, and proper in that behalf, to be thenceforward hollen upon such other day or days of adjournment, if any, for that purpose, and to continue subject to ruch as shall in that behalf be directed, the said Court attachment accordingly, or to be sold or otherwise shall proceed to enquire and determine whether in disposed of, if such Court shall think fit, and the pro- fact the plaintiff's cause of action arose within this ceeds or (in case of debta then payable) the amount Island or its Dependencies, and if so, then what of such debts, to be paid into the hands of sowe Officer lands, monies. chattels, and other property, as of the Court, subject to such attachment as the said aforesaid, sufficient to satisfy the plaintiff's cause Court may order; and with respect to all and of action, together with his costs of ruit, then are singular the lauds, monies, and other property, or were at the time of the service of the same writ debts, and other choses in action, to which no such in the custody or under the control of any such orier as last storesaid shall be intended to apply, it garnishee or person as aforesaid, belonging to the shall be lawful for the said Court at any time to defendant; or to or in which be was at that time direct that the said attachment «hall be dissolved. entitled or interested as aforesaid, and what debts IX. Plaintiff to enter into a bond to account, die. were then due to such defendant from any such gar--And be it enacted and ordained, that within one nisbee or person, and the particulars thereof, and calendar month next after any such Writ of At- whether the same lands, monies, and other property, tachment shall have issued, as aforesaid, the and debts, or any part or parts thereof, are or can be plaintiff at whose suit the same shall have been BO made available for the purpose of making such satis-insued, or, if absent, some person on his behalf, faction as aforesaid and to what amount re-pectively. shall before the said Court enter into a bond, with And for the purposes of such enquiry and determi- two sufficient sureties, to be approved of by such nation, it shall be lawful for the said Court in a Court, acknowledging himself and themselves to be Eummary way to examine or permit the said indebted to the defendant against whom such at- plaintiff to examine vivá voce upon oath every such tachment shall bare so issued, in such sum as the garnishee or pureon, together with such witnesses said Court shall think fit to order, the condition of (if any) as the said Court may think proper to be which said bond shall be in the form or to the effect so examined, and for that purpose to make such of the form contained in the Schedule to this orders and issue such summonses to witnesses us Ordinance marked C. And in case of any breach or may in that behalf be deemed expedient. And alleged breach of such condition, the defendant shall such garnish-e or person, as aforesaid, or witnes, be at liberty to sue the parties co such boud thereon who shall refuse or neglect to attend, according at any time, and if such bond be not so entered into to the exigency of any such Writ of Attachment, as aforesaid the attachment shall be ipso facto dis- or to obey any such order or summons. or shall solved. refuse to be so examined, shall be liable to be summarily proceeded against as in cases of contempt of Court, and to be punished accordingly
X. After judgment plaintiff may issue a fieri facias.—Whut may be taken under it.—And be it enacted and ordained, that at any time after such VI. Disposal of goods, dc.. by leave of Court. bond shall have been so entered into, and after final And be it enacted and ordained, that if any such judgment in favour of the plaintiff shall have been garnishee or person in whose bands any such lands, obtained, it chall be lawful for him to cause a writ goods, or property, as aforesaid, shall have been so or writs of fieri facias upon such judgment to be attached, shall be desirous of di-poring of the same from time to time issued, as in any ordinary case, for or any part thereof, or of receiving the amount of the amount of the debt or damages and costs there- any such bill or bond, or other chose in action, or by recovered, and to cause to be taken in execution any part thereof, pending such attachment, and under any such writ, as against any defendant shall apply for that purpose to the said Court, it whose property shall have been so attached, as ball be lawful for the said Court (due notice aforesaid, all or any part of the lands, goods, monies, baving been given to the plaintiff of such intended and other property so attached, and which shall application) to authorise such garnishee or person then continue subject to such attachment, as afore- to sell or dispose of any such property, or receive said, in whose hands soever the same property shall any such amount, and to bold the proceeds of such then be, and whatever may be the nature of such sale or disposal, or the amount so received, subject property, whether ordinarily liable to be taken in to such attachment as aforesaid, or otherwise for execution or not, and although the same or part the satisfaction of the plaintiff, as to such Court thereof may be of the nature of a chose in action shall seem fit.
only, and to receive any such property in satisfac- VII. After attachment returned plaintiff may tion or part satisfaction of such debt or damages proceed in the artion.-And be it enacted and and costs to an amount or value to be fized by the ordained, that at any time after the return day of Sheriff, or to cause all such property (except us any such Writ of Attachment it shall be lawful for next mentioned) to be sold under such writ or
HONGKONG ORDINANCES.
XIX
Provided that with such aṣi kavit, if made within the Colony, shali be write, as in ordinary carry.
awork before prane Officer of the Court" or person respect to any such d. bt or other chuse in action as aforemaid nu sale or other disposition thereof shall authorised or ti to authorised to take affluvits to take pince except by order of the Court, Aid upon be used in the skið Court, or, if made clsewhere, the application of the plaintiff at any time in a sume, shall be sworn before a judge or Master of some mary manner, it shall be lawful for the said Court Court of Law or Equity or the Chief Magistrate of to authorise au action for the amunt of any such some city or corporate town certified under the debt, to be brought in the name of the cředvor of 3 val of such Magistrate.
being suchefendunt, as aforesaid, or to cause the XIII. Propestuin preseas, a of any co-defendant. debtor to be summoned to attend such Court to. —And be it enacted sel ordadied, that the property show cause why he should not forthwith may the of any such abrent defendas 1. as aforesaid, may, paine amount to such plamtid; and it no sufficient under the provisious of this Ordinance, be equally cause be shown, to order such payment accordingly, attached súd taken in the custody or power of any and to enforce such order, together with all costs such garnishee or person, as aforesaid, not being attending the same, by an attachment for a cul- party to the actin 1; and that no Process of Foreign Attachment panst any such absent fendant, tempt, as in other cases of the like nature. XI. Provinoa for dissolving Foreign Attach- nor any lien intended to be therein created upon mint-Provided always, and be it enacted and or the lands, monits, securities, debts, and chattels, dained, that if, pending any such writ of Forei_n'or other property, of such defendant thereby attacù- Attachment, as aforesaid, or at any time before ed shall in any cast be defeated by reason of any final judgment obtained in the action in which -ucia such co-d-fenfuar or other garn-sliv, as aforesaid, writ issued, the defendant against whom the suru- being, or c'ammmg to be, joutly interested with attachment eball have issued, or any person on his such defcudaut therein either as jurther or other- behalf, shall before the said Court enter into a wise. bond, with two sufficient sureties, to be approved of ¦
XIV. Provision in case ' drie„dards surd as by such Court, acknowledg ug himself and them copartners.~Provided alwașe,"tod for it enacted and selves to be indebted to the pla atiff in such sumas ordained, that in all cases Wucrein two or more the said Court shall think fit to order, conditionei difendant- sunil be rund ut eqartners, and as to to pay the said plaintiff the amount of such nett or ither of such defendants, there ali be a return damages and costs as he shall at any time thereafter non est incintes, but 25 10 any other of such recover in such action, it shu'l be lawful for such defendauts there shall bear turn of personal defendant, or person on his belal', upon entering service, or of expu turpirs, then if at ang tune alter an appearance in such action (or if such appearance any such return an affidavit shall be filed toat, to shall previously have been entered by the plaintiff, the best of the dipun n:'s kuwbeige and belief, then upon filing a plea or pleas therein) to defen i'the defendant servia or arrested, did in fact, when such action, and upon giving notice thereof to the the caus· oi ac ion neeruel, corry of business in said plaintiff, to apply to the said Court by motion this Island or its Dependencies as a cupartner as of course that the said attachmeut may be as jointly with the defet data, as to whom there shall solved, and the same shall be dissolved accordingly, have been auch, return, id non est vnd afer, alid that and the action shall thereupon proceed to trial and such last-ment on a defen-asut is absent from the judgment in the ordinary manner.
Colony, it skali be Iswiu' for the plaintiff at his XII. Provision enabling absent defendant to come uption to proc ed ng just every such defendaut (in in and defend within two years.--And be it enact case no appearanc: he entered for him) in the ed and ordained, that if after any such final judgmanner next hereafter mentioned, ment obtained as atoresaid, an affidavit shall be XV. Such coparturis absent from the Colony to made by the defendant against whom such Procees kave notice. – And be it enacted and ordained, that of Foreign Attachment shall have issued, as afore- thereupon, or as soon after as conveniently may be, said, that such defendant had at the tipe of the the paintif shall cauar a notice, sgned by himself obtaining of the said judgment, and still hath, a or li- attorney, to be published in the Gorernment substantial ground of defence (either wholly or in Gazette, and in not Is than one other new;aper part) to the plaintiff's actiou, on the merits, and published within this Colony, in the form or to the uch affidavit (sworn as next hereinafter mention effect of the from in the Schedule to this Ordinance ed) shall at any time before the expiration of two marked D ; and if ou the day named in such notice years next after such judment be filed in the said (such day but being less than ten days bext after Court, then upon motion thereupon for that the day of the publication of the same in the purpose made to the said Court on behalf of the Gureanext Gutch) no appearance be entered for Baid defendant, and after due notice thereof given such tenant or defendants, the plaintiff may to the said plaintiff, and security being entered into cause suci, appearance, tite eno red, and may pro- for the payment to him of all costs by butu at auf ceed as if he or they resided within this Colony and time thereby sustained, it shall be lawful for the had appeared to the action in person.
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said Court to cause the merits so alleged as afore- XVI. Copartnerships all of where members are sail to be inquired into and determined in such | not known.-Suca copartnershipo magla turd in the manner and form, either by a feigned issue between sam of pas une ritmber ar oyint —And whereas, the parties or otherwise, aud at such time and under in some cas -, business is or way he carried on in Buch terms and conditions, for the purpose of secure this daland iy persons al cap artüership, or by one ing the substantial ends of justice ns to the aid individual or tuor, as-uning the Music of a copartuer- Court shall seem meet; and the said Court, after snip, or seting at agent or agents for a cuparetier. such enquiry and deterininstion had shall there- shuj, and in some of tias, cares the members of upon give such judgment, or from time to time sucii enpartnership or sue of them are not only make such order or orders in the premises between abs- rota the Cuiony, but their names are or the parties, as the justice of the case shall appear way be unknown-Be it therefore enacted and to require; and every such judgment and order ordawed, that (in order to prevent any failure of may at any time (if the party succeeding shall justice în such cases} every such copartnership, nud think fit) be suggested upon or added to the record the several raumbers therent, or the per-one or per- of the original action in which such final judgment, son lasing carried ou business under the style of shall have been so obtained as aforesaid. And every any such courtuership, may be sued in aur action