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. And all Office under Ordinance No. 3 of 1844 (Form the Provisions of the said Ordinance shall apply to such Memorial as in the Case of the Registration of a lispendens: 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.
From the time of the Registration of 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 bond fide prior Title thereto or Lien or Charge thereon be attached to satisfy the claim of the Plaintiff.
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 bond fide prior Title thereto or Lien thereon) to satisfy the Claim of the Plaintiff.
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.
Any Garnishee who shall without Leave or Order of the Court at any Time after the Service of 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.
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 in the Form ( ) unless the court shall by reason of the Defendant defending the Suit, or upon any other ground dispense with the Publication of such Notice.
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 the Defendant, 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.
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.
Absence from the Colony shall for the Purpose of Proceedings by Foreign Attachment be taken to be absence for the time being whether the Party shall ever have been within the Colony or not.
No Property in Custodia legis or in the Hands or under the Control of any Public Officer in his Official Capacity shall be liable to Attachment.
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 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 12 months from the date of the Judgment.
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.
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Where a Writ shall issue attaching Lands or any In- terest therein, a Copy of such Writ shall be published in the Gazette and a Memorial thereof shall be registered in the Land ). And all Office under Ordinance No. 3 of 1844 (Form the Provisions of the said Ordinance shall apply to such Memorial as in the Case of the Registration of a lispendens: Provided always that in Case such Writ of Foreign Attachment shall have been dissolved or the Judgment in the Snit 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.
From the time of the Registration of Memorial of Writ attaching Lands or any interest therein,al! 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 bond file prior Title thereto or Lien or Charge thereon be attached to satisfy the claim of the Plaintiff.
From the time of the Service upon the Garnisheo 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 Garnishes, 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,
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.
·
Any Garnishee who shall without Leave or Order of the Court at any Time after the Service of 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 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.
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 in the Form ( ) unless the court shall by reason of the Defendant defending the Suit, or upon any other ground dispense with the Publication of such Notice.
In cases where the place of residence of the Defendant out of the Jurisdiction, shall be known the court may if it shall
any
friend, think fit, upon the application of the Garnishee, or of or Agent of the Defendant, of its own motion, order that Service of the Petition filed by the Plaintiff' shall be served upon the Defen- dant out of the Jurisdiction and that further Proceedings upon the Petition shall be stayed until further Order.
The Defendant may at any time before appearance ap- ply to the court upon notice of motion either in Person or by Counsel for an Order to set aside the Writ and dissolve the At- tachment and the court may make such Order either absolutely or upon such terms as it shall think reasonable.
Absence from the Colony shall for the Purpose of Pro- ceelings by Foreign Attachment ho taken to be absence for the time being whether the Party shall ever have been within the Colony or not,
No Property in Custodia legis or in the Hands or under the Control of any Public Officer in his Official Capacity shall be liable to Attachment.
After the Issue of a Writ of Foreign Attachment and the observance of the formalities hereinbefore perscribed 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 subse- quent Sitting examine the Garnishee 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 Rea- lization thereof as the Circumstances of the Case require: Provided always that no such Order for the Sale of Lands, or any Intorest therein attached under such Writs shall be made until the expira- tion of 12 months from the date of the Judgment.
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 shal! 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 à Substantial Ground of Defence on the merits, the Court may on the Application of the Defendant at any time within twelve Months froin 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.
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