CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12] — Page 152

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IN THE SUPREME COURT OF HONGKONG.

This Writ was served by on the within named on the day of 187

Suit No.

IN THE SUPREME COURT OF HONGKONG.

FOREIGN ATTACHMENT.

WRIT OF SUMMONS.

Landstein PLAINTIFF

V Su Duc. King of Annam sued in his private capacity DEFENDANT

SUIT No.

VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland QUEEN, Defender of the Faith.

To the Sheriff and Deputy Sheriffs of our Colony of Hongkong, Greeting: We command you forthwith to attach all the Property moveable or immoveable of the Defendant in the above Suit, which shall be found within our said Colony of Hongkong.

WITNESS The Honorable John Imale, Chief Justice of our said Court at Hongkong, the th day of October A.D. 1873.

14 (L.S.) Sealed by (signed) I. S. Auffam Deputy Registrar

This Writ is to be returned into the Registrar's Office within 8 days after the Service thereof, with a Memorandum indorsed thereon of the Date and Mode of Service.

Code, Sec. X.

N.B. This Writ is for service within Jurisdiction.

Ed: Sharp Plaintiff's Attorney.

HONGKONG

EXTRACT From "The Hongkong Code of Civil Procedure," Part IV c. 13.

LXXXII-Para. 11. "From the Time of the Service upon the Garnishee of a Writ of Foreign Attachment, all Property whatsoever, within the Jurisdiction other than Lands, or any Interest therein, to which the Defendant mentioned in such Writ is then 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, and subject to Crown Debts and to any bona fide prior Title thereto, or Lien or Charge thereon, and to the Rights and Powers of prior Incumbrancers, be respectively attached in the Hands of such Garnishee, to satisfy the Claim of the Plaintiff."

LXXXII-Para. 18. "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 and wilfully 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 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 he shall be deemed guilty of Contempt of Court: Provided that the Court shall not award a larger Amount of Damages than it is competent to decree in an Action for Damages and such Award shall bar any Suit for Damages in respect of such Attachment."

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