Directory_and_Chronicle_1890 — Page 180

"Power lo

#Ikkou any Person 19 Witness.

Proceedings on Fudgment.

Execution.

issolution of Writ.

Attachment of thips.

150

CODE OF CIVIL PROCEDURE-HONGKONG.

19. The Court may, of its own motion, or at the instance of any person interested in the inquiry, summon any person whom it may think necessary and examine him in relation to such property, and may require the garnishee, 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 aga nst 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 execation of decrees in ordinary suits shall apply to execution so ordered against the said property.

21.-lf 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 custodiá legis without prejudice to the master's licn 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- perty attached. 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.

-Claims to Pro-

Btay of Proceed. ngs against Garnishee.

Leave to defend before Judg- ment.

Aelease of Pro-

Security

`taing given,

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

25. The Court at any time before judgment, upon 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,

26. The defendant, at any time before any property attached in the perty attached suit shall have been sold in satisfaction of the plaintiff's claim, may apply to the Court upon notice of motion for an order to dissolve the attachment under the writ as to the whole or any part of the property attached

upon security being given to answer the plaintiff's claim, and the Court may make such order, either absolutely or upon such terms as it may deem reasonable, and in the meanwhile may stay or postpone any sale.

Seit may be **@pened within Two

after

Hodgment.

27. The defendant may at any time within two years from the date of the judgment, notwithstanding that the property attached, or any part thereof, shall have been sold in satisfaction of the plaintiff's claim, apply to the Court upon notice of motion for an order to set aside the judgment and for the re-hearing of the suit, and for leave to defend the same; and if it shall appear to the satisfaction of the Court that the defendant had no notice or knowledge of the suit, and could not reasonably have made an earlier application to the Court, and that he had at the time of the obtaining of the judgment and still has a substantial ground of defence, either wholly or in part, to the suit on the merits, it shall be lawful for the Court to grant such order upon such terms as it may deem reasonable.

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