Directory_and_Chronicle_1875 — Page 751

3093

CODE OF CIVIL PROCEDURE-HONGKONG.

commitment shall issue only after a certain time, and in the event of his continued disobedience at that time to the decree or order in respect of which he has been guilty of disobedience.

6.-A person committed for disobedience to a decree or order is liable to be detained in custody until be has obeyed the decree or order in all things that are to be immediately performed, and given such security as the Court thinks fit to obey the other parts of the decree or order (if any) at the future times thereby appointed, -or in case of his no longer having the power to obey the decree or order, then until he has been imprisoned for such time or until he has paid such fine as the Court directs.

PART IV.

FOREIGN ATTACHMENT AND OTHER SPECIAL SUITS.

CHAPTER XIII.

Foreign Attachment.

LXXXII.-Proceedings by foreign attachment may be taken in manner hereinafter prescribed in all suits founded on contract or for detinue or trover provided that the cause of action arose within the jurisdiction.

2. Upon the filing in Court by the plaintiff in any such suit of an affidavit to the following effect, that is to say:

(a.) That the cause of action arose within the jurisdiction;

(b.) That the plaintiff has taken out a writ of summons against the defendant, but that the defendant is absent from the Colony or that there is probable cause to believe that the defendant is concealing himself to evade proceedings;

(c.) That the defendant is beneficially entitled to lands, or to any interest therein within the jurisdiction, or to any monies, securities for money,. goods, chattels, or other property whatsoever within the jurisdiction in the custody, or under the control of any other person within the jurisdiction, or that such other person (hereinafter called the Garnishee) is indebted to the defendant;

the Registrar may issue a writ of general attachment against all the property moveable and immoveable of the defendant within the jurisdiction, which shall be called a writ of "foreign attachment" and shall be made returnable not less than fourteen days after the date thereof except by special leave of the Court.

3.-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.

4.-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 amount of the claim, 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 the writ to be set aside, or 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 and award on account of, or in relation to the said suit and the said attachment or either of them: 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.

5. The bond shall be in such form as the Court may, from time to time, or in any particular case, approve and direct, and shall be entered into before the Registrar, and deposited in Court; and whenever it shall be made to appear to the satisfaction of the Court upon affidavit or otherwise that under the circumstances it is expedient that the writ should issue forthwith and before the bond shall have been entered into