Directory_and_Chronicle_1889 — Page 976

Proceedings

after Issue of

Writ,

Examination of Garnishes.

Power to

anmmon any Person as a Witness.

Proceedings on Judgment.

Execution,

Dissolution of Writ

Attachment of Ships.

Claims to Pro- perty attached.

Stay of Proceed- ings against Garnisbee,

Leave to defend before Judg- ment.

152

CODE OF CIVIL PROCEDURE-HONGKONG.

able, order that notice of the writ be served upon the defen lant out of the jurisdiction, and that further proceedings be stayed until further order, but without prejudice to the attachment under the writ.

17.-After the issue of the writ of foreign attachment (but subject to the provisions of the last preceding paragrapn) the plaintiff may forth- 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 suit in which there has been due service of the writ of summons and leave has been obtained to proceed ex parte.

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

19.-The Court may, of its own motion, or at the instance of any person interested in the enquiry, summon any person whom it may think necessary and examine him in relation to such property, and may require the garnishes, 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 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. against the said property.

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

22.—Whenever there shall be two or more adverse claimants to any 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.

23.-Whenever there shall be several claimants of any property at. 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 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.

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

25.-The Court at any time before judgment, upou being satisfied by affidavit or otherwise that the defendant has a substantial ground of defence, 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.

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