Directory_and_Chronicle_1882 — Page 730

CODE OF CIVIL PROCEDURE.~ HONGKONG.

159

order prohibiting the person in possession from giving over the property to the defendant.

4.- Where the property shall consist of lands, houses, or other immoveable property, or any interest therein either at law or in equity, the attachment shall be made by a written order prohibiting the defendant from alienating the property by sale, gift, or in any other way, and all persons from receiving the same by purchase, gift, or otherwise.

5.-Where the property shall consist of debts not being negotiable instruments, or of shares in any publ e company or corporation, the attachment shall be made by a written order prohibiting the creditor from receiving the debts, and the debtor from making payment thereof to any person whomsoever, until the further order of the Court, or prohibiting the person in whose name the shares may be standing from making any transfer of the shares or receiving payment of any dividends thereof, and the manager, secretary, or other proper officer of the company or corporation from permitting any such transfer or making any such payment, until such further order.

6.-Property in the custody or under the control of any public officer in his official capacity shall be liable to attachment in execution of a decree with the consent of the Attorney-General, and property in custodia legis shall be liable also to attachment by leave of the Court. In such cases, the ord: r of attachment must be served on such public officer, or on the Registrar, as the case may be.

7.Where the property shall consist of a negotiable instrument, and attachment shall be made by actual se zure, and the Sheriff or other officer shall b.ing the sme into Court, and such instrument shall be held subject to the further orders of the Court.

8. In the case of goods, chattels, or other moveable property not in the possession of the defendant, an office copy of the order shall be delivered to the person in possession of the property. In the case of lands, houses, or other immoveable property, or any interest therein, an office copy of the order shall be registered in the Land Office under Ordinance No. 3 of 1814. In the cases of debts, office copies of the order shall be delivered to or served upon each individual debtor. And in case of shares in the capital or joint-stock of any public company or corporation, an office copy of the order shall be delivered to or served upon the manager, secretary, or other proper officer of the company or corporation.

9.-After any attachment shall have been made by actual seizure, or by written order as aforesaid, and in the case of an attachment by written order, after it shall have been duly intimated and made known in manner aforesaid, any alienation without leave of the Court of the property attached, whether by sale, git, or otherwise, and any payment of the debt or debts or dividends, or scares to the defendant during the continuance of the attachment, shall be null and void.

10.-In every case in which a debtor shall be prohibited from making payment of his debt to the creditor, he may pay the amount into Court, and such payment shall have the same effect as payment to the party entitled to receive the debt.

11. In all cases of attachment under this chapter, it shall be competent to the Court, at any time during the attachment, to direct that any part of the property so attached as shall consist of money or bank-uotes, or a sufficient part thereof, shall be paid over to the party applying for execution of the decree, or that any part of the property so attached as may not consist of money or bank-notes, so far as may be necessary for the satisfaction of the decree, shall be sold, and that the money which may be realized by such sale, or a sufficient part thereo, shall be paid to such party.

12.-When the property attached shall consist of debts due to the party who may be answerable for the amount of the decree, or of any lands, houses, or other immoveable property, it shall be competent to the Court to appoint a manager of the said property with power to sue for the debts, ani to collect the rents or other receipt and profits of the land or other immoveable property, and to execute such deeds or instruments in writing as may be necessary for the purpose, and to pay and apply such rents, profits, or receipts toward the payment of the amount of the decree and costs: cr when the property attached shall consist of land, if the judgment debtor