Directory_and_Chronicle_1887 — Page 888

Cancellation thereof.

Effect of Re- gistration of Memorial.

Effect of Ser- vice of Writ

attaching moveable Property.

Bale of moveable Property by

144

CODE OF CIVIL PROCEDURE-HONGKONG.

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 Regis- trar and the seal of the Court may be filed at the Land Office, and there- upon the memorial shall be deemed to have been cancelled. The foes 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.

or any

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, 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, or 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 attachment, 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 garnishce, 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 Order of Court. 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 man- ner as it shall direct, and the net proceeds to be paid into Court.

Punishment of Garnishee disposing of

attached Pro- perty without Leave.

Custody by Eheriff.

Notice of For ign Attachment,

Notice to

absent Defend-

ant may be ordered.

13.-Any garnishee who shall without leave or order of the Court, at time after the service of the writ and before the attachment shall

any 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 juris- diction 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 plain- tiff, shall

pay such damages to the plaintiff as the Court shall award, and he 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 Regis- trar 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 defen- dant, or of its own motion, and upon such terms as it may deem reason-