Directory_and_Chronicle_1893 — Page 360

Enlargement of Time and Conditional Order.

Duration of Detention.

In what cases.

Affidavit to be filled.

ssue of Writ.

Absence from the Colony.

Bond to he entered into before Issue of Writ.

318

CODE OF CIVIL PROCEDURE-HONGKONG

and if the Court is satisfied that the order has been duly served,--or if he attends and does not show cause to the satisfaction of the Court why he should not be punished for the disobedience, the Court may issue a war- rant for his commitment to prison.

5.-The Court may enlarge the time for the return to the order, or may, on the return of it and under circumstances which would strictly justify the immediate commitment of the person guilty of the disobedience, direct that the warrant for his commitment shall issue only after a certain time and in the event of his continued disobedience at that time to the decree or order in respect of which he has been guilty of disobedience.

6. A person committed for disobedience to a decree or order is liable to be detained in custody until he has obeyed the decree or order in all things that are to be immediately performed, and given such security as the Court thinks fit to obey the other parts of the decree or order (if any) at the future times thereby appointed,—or in case of his no longer having the power to obey the decree or order, then, until he has been imprisoned for such time or until he has paid such fize as the Court directs.

PART IV.

FOREIGN ATTACHMENT AND OTHER SPECIAL SUITS. CHAPTER XIII,

Foreign Attachment.

LXXXII.-Proceedings by foreign attachment may be taken in manner hereinafter prescribed in all suits founded on contract or for detinue or trover provided that the cause of action arose within the jurisdiction.

2. Upon the filing in Court by the plaintiff in any such suit of an affidavit to the following effect, that is to say :-

(a.) That the cause of action arose within the jurisdiction; (b.) That the plaintiff has taken out a writ of summons against the defendant, but that the defendant is absent from the Colony, or that there is probable cause to believe that the defendant is concealing himself to evade proceelings; (c.) That the defendant is beneficially entitled to lands, or to any interest therein within the jurisdiction, or to any moneys, securities for money, goods, chattels, or other pro- perty whatsoever, within the jurisdiction, in the custody, or under the control, of any other person within the jurisdic- tion, or that such other person (hereinafter called the garnishee) is indebted to the defendant;

pro-

the Registrar may issue a writ of general attachment against all the perty moveable and immoveable of the defendant within the jurisdiction, which shall be called a writ of "foreign attachment" and shall be made returnable not less than fourteen days after the date thereof except by special leave of the Court.

3.-Absence from the Colony shall for the purpose of proceedings by foreign attachment be taken to be absence for the time being, whether the party shall ever have been within the Colony or not.

4.-Before any such writ shall issue, the plaintiff, or some one on his behalf, shall enter into a bond with one or more sufficient sureties, to be approved by the Registrar, in a penal sum equal to twice the amount of the claim, or in any less sum by special leave of the Court, the condition of which said bond shall be that in case the defendant shall, at any time. within the period limited by this Ordinance in that behalf, cause the writ to be set aside, or any judgment which may be given in the suit to be

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