Directory_and_Chronicle_1885 — Page 846

CODE OF CIVIL PROCEDURE HONGKONG.

145

nable, 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.

after Issue of

17. After the issue of the writ of foreign attachment (but subject Froceedings to the provisions of the last preceding paragraph) the plaintiff may forth- wh with 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.

of Garmshae.

18. Upon the hearing of the petition the Court shall proceed to Examination enquire and determine whether in fact the plaintiff's case is within the provisions herein contained relating to foreign attachment, and whether the plaintiff bas 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.

BUIDMOD (by

19. The Court may, of its own motion, or at the instance of any Power to person interested in the enquiry, summon any person whom it may think Person necessary and examine him in relation to such property, and may require witness. 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 Proceedings on

Judgment. time of pronouncing the decree in favour of the plaintiff, or at any sub. sequent 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 decrees in ordinary suits shall apply to execution so ordered Execution. against the said property.

Well,

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

Ships.

22.-Whenever there shall be two or more adverse claimants to any Attachment of 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 custodid 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.

perty attached.

23. Whenever there shall be several claimants of any property at- Claims to Fro- tached or to any interest therein, the Court may, in 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 mean while as it shall, in its discretion, think fit, either under this provision, or the provisions of this Code relating to adverse claims and to claims to attached property.

-

inge against

24. The Court may stay proceedings in any suit commenced against Star of Proceed- a garnishee in respect of property attached in his hands, upon such terms Grishee. as it shall think ft.

before Judg.

25. The Court at any time before judgment, upon being satisfied by Lease to defend affidavit or otherwise that the detendant has a substantial ground of defence, ent either wholly or in part, to the suit on the merits, may give leave to the defendant to defend the suit, without prejudice to the attachment under

the writ