Property in the Custody of a Public Officer or in custodia
legis.
Negotiable Instruments.
Bervice of prohibitory Orders.
Private Aliera- taon after At- tachment void.
Payment into Court by Debtor.
Court may
order Money.
or Proceeds
*of Property
144
CODE OF CIVIL PROCEDURE-HONGKONG.
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 custodiâ legis shall be liable also to attachment by leave of the Court. In such cases, the order 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, the attachment shall be made by actual seizure, and the Sheriff or other officer shall bring the same 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 1844. In the case 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 au 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, gift, or otherwise, and any payment of the debt or debts, or dividends, or shares to the defendant during the continuance of the attachment, shall be null and void.
10-In every case in which a debtor shall be probibited 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 com- petent to the Court, at any time during the attachment, to direct that any part of the proper'y so attached as shall consist of money or bank-notes, attached, or any 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 thereof, shall be paid to such party.
Part thereof to be paid to the Decree-holder,
Appointment of
Ianager.
12.--When the property at ached 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 mai ager of the said property with power to sue for the debts, and to collect the rents or other receipts 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: or when the property attached shall consist of land, if the judgment debtor can satisfy the Court that there is reasonable ground to believe that the amount of the judgment may be raised by the mortgage of the Application land, or by letting it on lease, or by disposing by private sale of a portion of the land, or of any other property belonging to the judgment debtor, it shall be competent to the Court, on the application of the judgment debtor, to postpone the sale for such period as it may think proper, to enable the judgment debtor to raise the amount. In any case in which a manager shall be appointed under this section, such manager shall be bound to
Mortgage in Beu of Sale
of Judgment Debtor.
No comments yet.
Private notes are available after approval.