Directory_and_Chronicle_1890 — Page 178

1

Form thereof.

Writ how executed.

Priority of Writa,

Property in

Qustody of a Public Officer, or in custodiá Jogis.

How Lands attached.

registered.

148

CODE OF CIVIL PROCEDURE-HONGKONG.

reversed or varied, the plaintiff will pay to the defendant all such sums of money, damages, costs, and charges as the Court may order and award on account of or in relation to the said suit, and the said attachment, or either of them: 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 at- tachment.

5. The bond shall be in such form as the Court may, from time to time, or in any particular case, approve and direct, and shall be entered into before the Registrar and deposited in Court; and whenever it shall be made to appear to the satisfaction of the Court, upon affidavit or otherwise, that under the circumstances it is expedient that the writ should issue forthwith and before the bond shall have been entered into as aforesaid, the Court may order the writ to issue accordingly, upon such terms as it shall think fit, and by the same order shall limit the time, not exceeding seven days from the date of the issue of the writ, within which the bond must be entered into and deposited as aforesaid; and in the case of default of complying with the requirements of such order within the time thereby limited, the Court may dissolve the writ, and thereupon may award costs and damages to the defendant in the manner hereinbefore provided in the case of a writ being set aside or a judgment in the suit being reversed or varied.

6.-All writs of foreign attachment against moveable property shall be executed by the Sheriff.

7.—Where two or more writs of foreign attachment shall issue at the suit of different plaintiffs, they shall take priority respectively according to the date and time at which they reach the hands of the Sheriff for execu- tion. The Sheriff shall indorse upon the writ the day and time of the receipt thereof.

8.- Property in the custody or under the control of any public offi- cer in his official capacity shall be liable to attachment with the consent of the Attorney-General; and property in custodia legis shall be liable to attachm: nt by leave of the Court. In such cases, the writ of foreign attachment must be served on such public Officer or on the Registrar, as the case may be.

9. Where the defendant is beneficially entitled to lauds or any in- terest therein, a memorial containing a copy of the writ of foreign attach- Memorial to be ment shall be registered in the Land Office established under Ordinance No. 3 of 1844 in a special book to be kept for the purpose, and to be 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 thereupon the memorial shall be deemed to have been cancelled. The fees 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.

Cancellation thereof,

Tibet of Re. gistration of Memorial.

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, or any interest ther in 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, ad subject to Crown debts and to bond fida 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,

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