Directory_and_Chronicle_1893 — Page 354

Effect of

two last Para-

312

CODE OF CIVIL PROCEDURE-HONGKONG

6. The decision of the Court under the provisions contained in either Decision under of the last preceding pa agraphs sha I be of the same force or effect as a decree in an ordinary suit; and no fresh suit shall be entertained between the same parties or persons claiming under them in respect of the same

graphs.

Mode of Attachment.

Moveable Pro- perty in

Possession of Defendant,

Where subject to Lien or

Rights of third Parties.

Immoveable Property.

Debts and

cause of action.

CHAPTER XII.—EXECUTION OF DECREES FOR MONEY BY ATTACHMENT OF PROPERTY.

LXXVI.—If the decree be for money, and the amount thereof is to be levied from the property of the person against whom the same may have been pronounced, the Court shall cause the property to be attached in the manner following:

2.- Where the property shall consist of goods, chattels, or other moveable property in the possession of the defendant, the attachment shall be made by actual seizure, and the Sheriff or other officer shall keep the same in his custody, and shall be responsible for the due custody thereof.

3. Where the property shall consist of goods, chattels, or other moveable property to which the defendant is entitled subject to a lien or right of some other person to the immediate possession there. f, the attach- ment shall be made by a written order prohibiting the person in possession from giving over the property to d fendant.

4.-Where the property shall consist of lands, houses, or other im- moveable property, or any interest therein either at law or in equity, the attachment shall be made by a writen order prohibiting the defendaut from ali nating the property by sale, gift, or in any other way, and all persons from receiving the same by purchase, gift, or otherwise.

5. Where the property shall consist of debts not being negotiable Shares in Public instruments, or of hares in any public company or corporation, the Companies.

attachment -hall be made by w ritten order prohibiting the creditor from receiving the debts, and the pebt or from making payment thereof to any person whomsoever, until tae further order of the Court, or prohibiting the person in whose name the shares may be standing from making any transfer of the shares or receiving payment of any dividends ther of, and the manager, secretary, or other proper officer of the company or corpora- tion from permitting any such transfer or making any such payment, until such further order.

Property in the Custody of a Public Officer or in custodia Legis.

Negotiable Instruments.

Service of prohibitory

Brders.

6. Property in the custody or under the control of any public officer in his official capacity shall be liable to attachment in execution of a decrve with the consent of the Attorney-General, and property in custodiá legis shall be liable also to attachment by leave of the Court. In such cases, the order of attachment must be served on such public officer, or on the Registrar, as the case may be.

7. Where the property shall e nsist of a negotiable instrument, the attachm ut shall be made by actual seizure, and the Sheriff or other officer shall being the same into Court, and such instrument shall be held subject to the further orders of the Court.

8. In the case of goods, chattels, or other moveable property not in the possession of the defendant, an office copy of te order shall be delivered to the person in possession of the property. In the case of lands, houses, or other inmoveable property, or any interest therein, an office copy of the order shall be registered in the Land Office under Ordinance No. 3 of 1814. In the case of debts, office copies of the order shall be delivered to or served upon each individual debt r. And in case of shares in the capital or joint stock of any public company or corporation, an office copy of the order shall be delivered to or served upon the manager, secretary, or other proper officer of the company or corporation.