Directory_and_Chronicle_1896 — Page 372

Cancellation thereof.

Effect of Re-

gistration of Memorial.

Effect of Ser- vice of Writ attaching moveable Property.

Sale of moveable

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CODE OF CIVIL PROCEDURE-HONGKONG

thereupon the memorial shall be deemed to have been cancelled. The fees payable to the Land Office shall be, for the registration of such memorial, one dollar; and for the filing of such certificate, one dollar; and no other fees shail be chargeable by the Land Office in respect thereof.

10. From the time of the registration in the Land Office of the memorial of a writ of foreign attachment, all lands within the jurisdiction, 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 inter st therein, and subject to Crown debts and to any bond fide prior title thereto, or lien or charge thereon, and to the rights and pow- ers of prior incumbrancers, be attached to satisfy the claim of ti e plaintiff. 11. From the time of the service upon the garnishee of a writ of foreign attachment, all property whatsoever, within the jurisdiction, other than lands, or any interest therein to which the defendant mentioned in such writ is then beneficially entitled, whether solely or jointly with others, 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 defendant, 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.

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

Punishment of Garnishee disposing of attached Pro- perty without Leave,

Custody by Bheritf.

Notice of Foreign Attachment.

Notice to

13.--Any garnishee who shall without leave or order of the Court, at any time after the service of the writ and before the attachment shall be dissolved, knowingly and wilfully part with the custody or control of 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 paintiff 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.

14.-In all cases where it shall be made to appear to the satisfaction 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 bailiff to seize such property and detain the same subject to the order of the Court: and the bailiff shall thereupon seize and detain such property accordingly.

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

16.-In cases where the place of residence of the defendant out of absent Defend the jurisdiction s all be known, the Court may, il it shall think fit, upon the application of the garnishee, or of any friend or agent of the defen- 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 oat of the jurisdiction, and that further proceedings be stayed until further order, but without prejudice to the attachment under the writ.

ant may be ordered.

Proceedings

after Insue of

Writ.

17. After the issue of the writ of foreign attachment (but subject to the provisions of the last preceding paragraph) the plaintiff may forth- with file his petition, and upon such day after the return of the writ as