Directory_and_Chronicle_1877 — Page 744

CODE OF CIVIL PROCEDURE-HONGKONG.

307

as aforesaid, the Court may order the writ to issue accordingly, upon such terms as it shall think fit, and by the same order shall limit the time, not exceeding seven days from the date of the issue of the writ, within which the bond must be entered into and deposited as aforesaid; and in the case of default of complying with the require- ments of such order within the time thereby limited, the Court may dissolve the writ, and thereupon may award costs and damages to the defendant in the manner herein- before provided in the case of a writ being set aside or a judgment in the suit being reversed or varied.

6. All writs of foreign attachment against moveable property shall be executed by the Sheriff.

7.-Where two or more writs of foreign attachment shall issue at the suit of different plaintiffs, they shall take priority respectively according to the date and time at which they reach the hands of the Sheriff for execution. The Sheriff shall indorse upon the writ the date and time of the receipt thereof.

8.- -Property in the custody or under the control of any public official in his official capacity shall be liable to attachment with the consent of the Attorney-General; and property in custodia legis shall be liable to attachment by leave of the Court. In such cases, the writ of foreign attachment must be served on such public officer, or on the Registrar, as the case may be.

9.-Where the defendant is beneficially entitled to lands or any interest therein, a memorial containing a copy of the writ of foreign attachment shall be registered in the land office establishment under Ordinance No. 3 of 1844 in a special book to be kept for the purpose, and to be called the "Foreign Attachment Book;" and the date and time of such registration shall be duly noted and entered in the said book; and in case such writ of foreign attachment shall be dissolved, or the judgment in the suit shall be 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. The fees payable to the land office shall be, for the registration of such memorial, one dollar; and for the filing of such certificate, one dollar; and no other fees shall be chargeable by the land office in respect thereof.

10. From the time of the registration in the land office of the memorial of a writ of foreign attachment, all lands within the jurisdiction, or any interest therein to which the defendant mentioned in such writ is then beneficially entitled, whether solely or jointly with others, shall, to the extent of his interest therein, and subject to Crown debts and to any bona fide prior title thereto, to lien or charge thereon, and to the rights and powers of prior incumbrancers, be attached to satisfy the claim of the plaintiff.

11. From the time of the service upon the garnishee of a writ of foreign attach- ment, 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.

12.-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.

13.-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 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 he