Directory_and_Chronicle_1875 — Page 753

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CODE OF CIVIL PROCEDURE-HONGKONG.

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.

14. In all cases where it shall be made to appear to the satisfaction of the Registrar by affidavit or otherwise that there is reasonable cause to believe that any property attached is in danger of being removed out of the jurisdiction, or of being sold, or otherwise disposed of, the Registrar may, by an order in writing, direct the Sheriff to seize such property and detain the same subject to the order of the Court; and the Sheriff shall thereupon seize and detain such property accordingly.

15.-Notice of the issue of the writ of foreign attachment shall be inserted twice in the Gazette, and twice in some local newspaper, unless the Court shall, by reason of the defendant having entered an appearance, or upon any other ground, dispense with the publication of such notice.

16.-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, or of its own motion, and upon such terms as it may deem reasonable, order that notice of the writ be served upon the defendant out of the jurisdiction, and that further proceedings be stayed until further order, but without prejudice to the attachment under the writ.

17.-After the issue of the writ of foreign attachment, (but subject to the provisions of the last preceding paragraph), the plaintiff may forthwith file his petition, and upon such day after the return of the writ as the Court shall appoint, may proceed to establish his claim as in ordinary suits in which there has been due service of the writ of summons, and leave has been obtained to proceed ex parte.

18.-Upon the hearing of the petition, the Court shall proceed to enquire and determine whether in fact the plaintiff's case is within the provisions herein contained relating to foreign attachment, and whether the plaintiff has established his claim and shall pronounce judgment accordingly; and if the plaintiff shall obtain a judgment, the Court may, at the same or any subsequent sitting, examine, or permit the plaintiff to examine the garnishee, and any other persons, and determine what property moveable or immoveable is subject to attachment under the writ issued.

19. The Court may, of its own motion, or at the instance of any person interested in the enquiry, summon any person whom it may think necessary, and examine him in relation to such property, and may require the garnishee as well as the person summoned as aforesaid to produce all deeds and documents in his possession or power relating to such property.

20.-If the plaintiff shall obtain judgment, the Court may, at the time of pronouncing the decree in favor of the plaintiff, or at any subsequent sitting, order that execution do issue against all or any of the property attached which the Court shall have declared to be liable to satisfy the plaintiff's claim, and all the provisions of this Code relating to execution of decree in ordinary suits shall apply to execution so ordered against the said property.

21.-If the plaintiff shall fail to obtain judgment, the Court shall thereupon dissolve the writ of foreign attachment issued at his suit.

22.-Whenever there shall be two or more adverse claimants to any goods laden on board of any ship, and such ship shall be attached in a suit against the shipowner for the non-delivery of such goods, the Court may, in its discretion, on the application of the master, or of the agent of the shipowner, stay the proceedings upon such terms as the Court shall deem reasonable, and order such goods to be landed and warehoused in custodia legis without prejudice to the master's lien thereon, and may dissolve the attachment against the ship, and may make such orders as may be necessary for the determination of the rights of such adverse claimants upon such terms, as to security and other matters, as may seem just.

23.-Whenever there shall be several claimants to any property attached or to any interest therein, the Court may, it its discretion, summon before it all the claimants and may make such orders for the ascertaining of their respective rights and for the custody of the property in the meanwhile as it shall, in its discretion,