# Meaning of
198. Absence from the Colony shall for the purpose of "absence from proceedings by foreign attachment be taken to be absence for the present time being whether the party shall ever have been within the Colony or not.
Property in custodia legis not liable to
199. No property in custodia legis or in the hands of or under the control of any public officer in his official capacity shall be liable to attachment.
attachment.
200. After the issue of a writ of foreign attachment and the observance of the formalities hereinbefore prescribed in respect thereof, the plaintiff may file his petition and proceed forthwith without any service thereof, to establish his claim and in case he shall obtain a judgment the Court may at the same or any subsequent sitting examine the garnishee, who may be represented by Counsel, and any witnesses produced and determine what property is subject to attachment under the writ or writs issued, and may order such property or any part thereof to be applied in satisfaction of the judgment, and for that purpose may, if necessary, make any order for the sale and realization thereof as the circumstances of the case require: Provided always that no such order for the sale of lands, or any interest therein, attached under such writs shall be made until the expiration of twelve months from the date of the judgment.
Defendant
201. The defendant may, notwithstanding the issue of the writ of foreign attachment, come in and defend the suit at any time before the property attached shall have been realized and applied under the order of the Court, and in case the Court shall be satisfied by affidavit or otherwise, that the defendant was absent from the Colony at the time of the institution of the suit and from such time until after the property attached shall have been realized and applied under the order of the Court, and that the defendant has a substantial ground of defence on the merits, the Court may on the application of the defendant at any time within twelve months from the date of the judgment re-open the case upon such terms as to notice to the plaintiff and other matters as it shall think reasonable.
By order of the Court.
In what cases.
Warrant.
Discharge of Garnishers. 202. The order of the Court made under the provisions hereinbefore contained as to attachment of debts and foreign attachment, in pursuance of which any property attached in the hands of a garnishee, shall be applied in satisfaction of a judgment, shall be a complete bar to any proceedings instituted against the garnishee to recover the same by any person whomsoever, but all persons claiming an interest in the property attached appear before the Court for the purpose of opposing the making of such order or of protecting their rights in or to such property: Provided always that such order shall be no bar to any proceedings instituted by such persons against the plaintiff or judgment creditor into whose hands such property shall have passed thereunder, or those claiming under them to recover the same or any part thereof, unless such persons had notice of the attachment and had the opportunity of appearing before the Court for the purpose of opposing such order or protecting their rights as aforesaid, and refused or neglected so to do.
Arrest.
203. Where the decree or order is one directing some act to be done other than payment of money, and the person directed to do the act refuses or neglects to do it according to the exigency of the decree or order, the person prosecuting the decree or order shall be entitled to apply to the Court for a warrant of arrest against the person disobeying such decree or order.
204. The Court shall, unless it sees good reason to the contrary, on the application of the person prosecuting the decree or order, issue, under the seal of the Court, a warrant of arrest directed to a proper officer who shall be thereby empowered to take the body of the person disobeying such decree or order, and detain him in custody until further order.
Commitment for Disobedience.
In what cases. 205. Where any person over whom the Court has jurisdiction is guilty of wilful disobedience to a decree or order, the person prosecuting the decree or order shall be entitled to apply to the Court for an order on the person disobeying such order or decree to show cause why he should not be punished for the disobedience. The Court, unless it sees good reason to the contrary, shall on such application make an order accordingly.
The Court shall not grant the order except on evidence on oath establishing such a case, as if uncontradicted and un-explained, would justify the immediate commitment of the person disobeying the order or decree.
A certified copy of the affidavit or deposition on which the order is granted shall be served on the party to whom the order is directed together with the order, and he may file counter-affidavits.
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Meaning of
198. Absence from the Colony shall for the purpose of "absence from ceedings by foreign attachment be taken to be absence for the pra. the Colony." time being whether the party shall ever have been within
Colony or not.
Property in custodia legis not liable to
199. No property in custodid legis or in the hands of or under the control of any public officer in his official capacity shall be liable to attachment.
attachment.
200. After the issue of a writ of foreign attachment and Mode of
the observance of the formalities herein before prescribed in respect procedure after issue of writ. thereof, the plaintiff may file his petition and proceed forthwith without any service thereof, to establish his clain and in case he shall obtain a judgment the Court may at the same or any subse- quent sitting examine the garnishee, who may be represented by Counsel, and any witnesses produced and determine what pro- perty is subject to attachment under the writ or writs issued, and may order such property or any part thereof to be applied in satisfaction of the judgment, and for that purpose may, if neces- sary, make any order for the sale and realization thereof as the circumstances of the case require: Provided always that no such order for the sale of lands, or any interest therein, attached under such writs shall be made until the expiration of twelve months from the date of the judgment.
Defeudant
201. The defendant may, notwithstanding the issue of the may come in writ of foreign attachment, come in and defend the suit at any and defend time before the property attached shall have been realized and suit.
applied under the oriler of the Court, and in case the Court shall be satisfied by affidavit or otherwise, that the defendant was ab- sent from the Colony at the time of the institution of the suit and from such time until after the property attached shall have been realized and applied under the order of the Court, and that, the defendant has a substantial ground of defence on the merits, the Court may on the application of the defendant at any time within twelve months from the date of the judgment re-open the case upon such terms as to notice to the plaintiff and other mat- ters as it shall think reasonable.
By order of the Court.
In what cases.
Warrant.
my
Discharge of Garnishers. 202. The order of the Court made under the provisions hereinbefore contained as to attachment of debts and foreign attachment, in pursuance of which any property attached in the hands of a garnishee, shall be applied in satisfaction of a judg- ment, shall be a complete bar to any proceedings instituted against the garnished to recover the same by any person whomsoever, but all persons claiming an interest in the
property attached appear before the Court for the purpose of opposing the making of such order or of protecting their rights in or to such property: Provided always that such order shall be no bar to any proceed- ings instituted by such persons against the plaintiff or judgment creditor into whose hands such property shall have passed there- under, or those claiming under them to recover the same or any part thereof, unless such persons had notice of the attachment and had the opportunity of appearing before the Court for the purpose of opposing such order or protecting their rights as aforesaid, and refused or neglected so to do.
Arrest.
203. Where the decree or order is one directing some act to be done other than
payment of money, and the person directed to do the act refuses or neglects to do it according to the exigency of the decree or order, the person prosecuting the decrce or order shall be entitled to apply to the Court for a warrant of arrest against the person disobeying such decree or order.
204. The Court shall, unless it sees good reason to the contrary, on the application of the person prosecuting the decrea or order, issue, under the seal of the Court, a warrant of arrest directed to a proper officer who shall be thereby empowered to take the body of the person disobeying such decree or order, and detain him in custody until further order.
Commitment for Disobedience.
In what cases. 205. Where any person over whom the Court has juris- diction is guilty of wilful disobedience to a decree or order, the person prosecuting the decree or order shall be entitled to apply to the Court for an order on the person disobeying such order or decree to show cause why he should not be punished for the disobedience. The Court, unless it sees good reason to the contrary, shall on such application make an order accordingly.
The Court shall not grant the order except on evidence on oath establishing such a case, as if uncontradicted and unex- plained, would justify the immediate commitment of the person disobeying the order or decree.
J
A certified copy of the affidavit or deposition on which the order is granted shall be served on the party to whom the order is directed together with the order, and lie may filc counter
affidavits.
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