Directory_and_Chronicle_1890 — Page 179

CODE OF CIVIL PROCEDURE-HONGKONG.

149

attaching

11. From the time of the service upon the garnishee of a writ of Effect of Ser- foreign attachment, all property whatsoever, within the jurisdiction, other vice of Writ than lands, or any interest therein to which the defendant mentioned in moveable such writ is then ben ficially entitled, whether sol ly or jointly with others, Property. and which is in the custody or under the control of the garnishee, and all debts then due or accruing due by the garnishee, to the def ndant, 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.

Property by

12.-The Court may, at any time before judgment, upon such Sale of moveable grounds as it shall deem sufficient, order any property, other than lands, Order of Court. 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.

perty without

v.

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

dispo-ing of be dissolve, knowingly and wilfully part with the custody or control of attached Pro- 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.

Sheriff.

14.-In all cases where it shall be made to appear to the satisfaction Custody by 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.

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Attachment,

absent Defend-

15.--Notice of the issue of the writ of foreign attachment shall be Notice of inserted twice in the Gazette, and twice in some local newspaper, unless Foreign the Court shall, by reason of the defendant having entered an appearance, or upon any other ground, dispens with the publication of such notice.

16.-In cases where the place of residence of the defendant out of Notice to the jurisdiction shall be known, the Court may, if it shall think fit, upon ant may be the application of the garnishee, or of any friend or agent of the defen- ordered. dant, or of its own motion, and upon such terms as it may deem reason- able, 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 Proceedings to the provisions of the last preceding paragraph) the plaintiff may forth- writ. 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.

of Garnishee.

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 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 determin what property moveable or immoveable is subject to attachment under the writ issued.