Debts.
VI. It shall be lawful for the Court, upon the ex-parte Court may Application of such Judgment Creditor, either before or after such order an oral Examination, and upon Affidavit by himself or his Attorney Attachment of stating that Judgment had been recovered, and that it is still unsatisfied, and to what Amount, and that any other Person is in- debted to the Judgment Debtor, and is within the Jurisdiction of the Court, to order that all Debts owing or accruing from such third Person (hereinafter called Garnishee) to the Judgment Debtor, shall be attached to answer the Judgment Debt; and by the same, on any subsequent Order, it may be ordered that the Garnishee shall appear before the Court, to shew Cause why he should not pay the Judgment Creditor the Debt due from him to the Judgment Debtor, or so much thereof as may be sufficient to satisfy the Judgment Debt.
VII. Service of an Order that Debts due or accruing to the Order for Judgment Debtor shall be attached, on Notice thereof to the Attachment to Garnishee, in such Manner as the Court shall direct, shall bind bind Debts.
such Debts in his Hands.
Garnishee to
VIII. If the Garnishee does not forthwith pay into Court the Proceedings Amount due from him to the Judgment Debtor, or an Amount to levy Amount equal to the Judgment Debt, and does not dispute the Debt due or due from claimed to be due from him to the Judgment Debtor,
or if he does Judgment not appear upon Summons, then the Court may order Execution Debtor. to issue, and it may be sued forth accordingly, without any pre- vious Writ or Process, to levy the Amount due from such Garni- shee towards Satisfaction of the Judgment Debt.
IX. If the Garnishee disputes his Liability, the Court, instead Court may of making an Order that Execution shall issue, may order that allow the Judgment Creditor shall be at Liberty to proceed against Judgment the Garnishee by Writ, calling upon him to shew Cause why there) should not be Execution against him for the alleged Debt, or for the Amount due to the Judgment Debtor, if less than the Judgment Debt, and for Cost of Suit."
Creditor to sue Garnishee.
X. There shall be kept in the Office of the Court a Debt Attachment Attachment Book, and in such Book Entries shall be made of the Book to be Attachment and Proceedings thereon, with Names, Dates and kept by the Statements of the Amount recovered and otherwise; and Copies of any Entries made therein may be taken by any Person, upon Application to the Clerk of the Court.
Foreign Attachment.
Clerk of the Court.
Trover.
XI. Proceedings by Foreign Attachment may be taken in the Actions of Court of Summary Jurisdiction, in Manuer hereinafter provided, in Contract, all Actions on Contracts, and in Actions of Detinue and Trover, Danuc and provided that the Breach of Contract or the Detention or Conver- sion upon which such Actions shall be founded respectively shall have occurred within the Colony.
XII. If it shall appear to the Satisfaction of the Judge, in any Proceedings such Action, as aforesaid, that the Bailiff is unable to serve Process by Foreign upon the Defendant by Reason of his Absence from the Colony, or Attachment. that there is probable Cause to believe that the Defendant is concealing himself to evade Process, and in either of such Cases that he is beneficially entitled to any Monies, Securities for Money, Chattels or other Property whatsoever (other than Lands or any Interest therein) in the Custody or under the Control of any Person within the Jurisdiction, or that such Person is indebted to the Defendant, the Judge may, subject to the Conditions of Section
order that a Writ of Foreign Attachment in the Form or to the Effect contained in the Second Schedule of this Ordinance, shall issue, and that Service thereof shall forthwith be made upon such Person, hereinafter called the Garnishee.
XIIL Where Two or more Writs of Foreign Attachment shall Friority of be served on the same Garnishee they shall take Priority respec- tively according to the Date and Time of the Order made by the Judge, for the Issue thereof, unless the Judge shall otherwise direct.
XIV. From the Time of the Service of the Writ upon the Property Garnishee all such Property as aforesaid to which the Defendant attached from mentioned in such Writ is beneficially entitled, whether solely or Service of jointly with others; and which is in the Custody or under the Con- to prior Title Writ, subject trol of the Garnishee, and all Debts then due by the Garnishee to or Lien. the Defendant shall to the Extent of the Defendant's Interest therein be respectively attached in the Hands of such Garnishee (subject to any bona-fide prior Title thereto or Lien thereon) to satisfy the Claim of the Plaintiff.
Writs.
XV. The Judge may at any Time upon such Grounds as he Power to shall deem sufficient, make an Order cancelling such Writ and Dissolve dissolving the Attachment either absolutely or upon such Terms Attachment
as he shall think reasonable.
on Terms or otherwise.
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