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 such form as may hereafter be directed by the Court.
188. 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.
189. 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.
190. Where a writ shall issue attaching lands or any interest therein, a copy of such writ shall be published in the Gazette and a memorial thereof shall be registered in the land office under Ordinance No. 3 of 1844. And all the provisions of the said Ordinance shall apply to such memorial as in the case of the registration of a lis pendens: Provided always that in case such writ of foreign attachment shall have been dissolved, or the judgment in the suit shall have been satisfied, a certificate to that effect under the hand of the Registrar and the seal of the Court may be filed at the land office and thereupon the memorial shall be deemed to have been cancelled.
191. From the time of the registration of the memorial of writ attaching lands or any interest therein, all lands within the Colony to which the defendant mentioned in such writ is beneficially entitled, whether solely or jointly with others, shall to the extent of his interest therein and subject to any bona fide prior title thereto or lien or charge thereon, be attached to satisfy the claim of the plaintiff.
192. From the time of the service upon the garnishee of a writ attaching property other than lands or any interest therein, all such property to which the defendant mentioned in such writ is beneficially entitled, whether solely or jointly with others, and which is in the custody or under the control of the garnishee, and all debts then due or accruing due by the garnishee to 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.
193. The Court may at any time before judgment, upon such grounds as it shall deem sufficient, order any property, other than lands or any interest therein, attached under such writ to be sold in such manner as it shall direct and the net proceeds to be paid into Court.
194. Any garnishee who shall without leave or order of the Court at any time after the service of the writ and before the attachment shall be dissolved, knowingly part with the custody or control of any property attached in his hands, or remove the same out of the jurisdiction of the Court, or sell or dispose of the same, or pay over any debt due by him to the defendant excepting only to or to the use of the plaintiff, shall pay such damages to the plaintiff as the Court shall award and shall be deemed guilty of contempt of Court.
195. Notice of the filing of the petition and of the issue of the writ of foreign attachment shall be inserted twice in the Gazette and not less than three times in some local newspaper published in such form as the Court hereafter shall direct unless the Court shall by reason of the defendant defending the suit, or upon any other ground, dispense with the publication of such notice.
196. In cases where the place of residence of the defendant out of the jurisdiction, shall be known, the Court may, if it shall think fit, upon the application of the garnishee, or of any friend, or agent of the defendant, of its own motion, order that service of the petition filed by the plaintiff shall be served upon the defendant out of the jurisdiction and that further proceedings upon the petition shall be stayed until further order.
197. The defendant may at any time before appearance apply to the Court upon notice of motion either in person or by counsel for an order to set aside the writ and dissolve the attachment, and the Court may make such order either absolutely or upon such terms as it shall think reasonable.
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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 such form as may hereafter be directed by the Court.
188. Before any such writ shall issue, the plaintiff or some Plaintiff to one on his behalf, shall enter into a bond with one or more enter into bond
with sureties. sufficient sureties to be approved by the Registrar in a penal sum equal to twice the estimated valne 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.
189. Where two or more writs of foreign attachment shall Order of issue, they shall take priority respectively according to the date priority of and time of the issue thereof, unless the Court shall otherwise direct.
writs.
the Gazette,
190. Where a writ shall issue attaching lands or any in- Writ attaching terest therein, a copy of such writ shall be published in the lands, to be Gazette and a memorial thereof shall be registered in the land published in office under Ordinance No. 3 of 1844. And all the provisions and memorial of the said Ordinance shall apply to such memorial as in registered in the case of the registration of a lis pendens: Provided always the land office. that in case such writ of foreign attachment shall have been dissolved, or the judgment in the suit shall have been satisfied, a certificate to that effect under the hand of the Registrar and the seal of the Court may be filed at the land office and thereupon. the memorial shall be deemed to have been cancelled.
lands attached.
191. From the time of the registration of the memorial of writ Defendant's attaching lands or any interest therein, all lands within the Colony interest iu to which the defendant mentioned in such writ is beneficially entitled, whether solely or jointly with others, shall to the extent of his interest therein and subject to any bona fide prior title thereto or lien or charge thereon, be attached to satisfy the claim of the plaintiff.
hands of garnishee.
192. From the time of the service upon the garnishee of a Attachment of writ attaching property other than lands or any interest therein, property in all such property to which the defendant mentioned in such writ is beneficially entitled, whether solely or jointly with others, and which is in the custody or under the control of the garnishee, and all debts then due or accruing due by the garnishee to the defendant shall, to the extent of the defendant's interest therein, be respectively attached in the hands of such garnishee (subject to any bond fide prior title thereto or lien thereon) to satisfy the claim of the plaintiff.
order of Court.
193. The Court may at any time before judgment, upon Sale of such grounds as it shall deem sufficient, order any property, other property by than lands or any interest therein, attached under such writ to be sold in such manner as it shall direct and the net proceeds to be paid into Court.
194. Any garnishee who shall without leave or order of Garnishee the Court at any time after the service of the writ and before the parting with attachment shall be dissolved, knowingly part with the custody property to
pay damages. or control of any property attached in his hands, or remove the same out of the jurisdiction of the Court, or sell or dispose of the same, or pay over any debt due by him to the defendant except- ing only to or to the use of the plaintiff, shall pay such damages to the plaintiff as the Court shall award and shall be deemed guilty of contempt of Court.
writ to be
195. Notice of the filing of the petition and of the issue of Notice of the writ of foreign attachment shall be inserted twice in the petition and Gazette and not less than three times in some local newspaper published. in such form as the Court hereafter shall direct unless the Court shall by reason of the defendant defending the suit, or upon any other ground, dispense with the publication of such notice.
where
196. In cases where the place of residence of the defendant Mode of out of the jurisdiction, shall be known, the Court may, if it shall proceeding think fit, upon the application of the garnishee, or of any friend, defendant's or agent of the defendant, of its own motion, order that service of residence is the petition filed by the plaintiff shall be served upon the defend-known, ant out of the jurisdiction and that further proceedings upon the petition shall be stayed until further order.
Defendant
197. The defendant may at any time before appearance ap- ply to the Court upon notice of motion either in person or by may apply to set aside writ counsel for an order to set aside the writ and dissolve the at- before tachment, and the Court may make such order either absolutely appearance. or upon such terms as it shall think reasonable.
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