Directory_and_Chronicle_1892 — Page 378

CODE OF CIVIL PROCEDURE-HONGKONG

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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 attachinent, 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 Force thereof, 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 exceding seven days from the date of the issue of the writ, within which the boud must be entered into and deposited as aforesaid; and in the cus 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 defendaut in the manner hereinbefore provided in the case of a writ being set aside or a judgment in the suit being reversed or varied.

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

executed.

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

Custody of a

8.- -Property in the custody or under the control of any public offi- Property in cer in his official capacity shall be liable to attachment with the consent Public Officer, of the Attorney-General; and property in custodii legis shall be liable to or in custodia attachment 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.

legis.

attached.

9.—Where the defendant is beneficially entitled to lands or any in- How Lande terest therein, a memorial conta ning a copy of the writ of foreign attach- ment shall be registered in the Land Office established under Ordinance Memorial to be No. 3 of 1844 in a special book to be kept for the purpose, and to be registered, called the "Foreign Attachment Book"; and the date and time of such registration shall be duly noted and entered in the said book; aud 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 Cancellation fees payable to the Land Office shall be, for the registration of thereof. 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.

gistration of

10. From the time of the registration in the Land Office of the Effect of Re- memorial of a writ of foreign attachment, all lauds within the jurisdiction, emorial. or any interest therein 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, 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 attached to satisfy the claim of the plaintiff.