CODE OF CIVIL PROCEDURE-HONGKONG
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disputed,
5.-If any person other than the defendant hall be dispossessed of Where Right of any land or other immoveable property in execution of a decree, and such Decree-holder person shall dispute the right of the decree-holder to disposse-s him of such property under the decree, on the ground that the property was bond fide in his pos ession on his own account, or on account of some other person than the de.endant, and that it was not included in the decree, or if included in te decree, that he was not a party to the suit in which the decree was made, he may apply to the Court within one month from the date of such dispossession: and if, after examining the applicant, it shall appear to the Court that there is probable cause for making the applica- tion, the application shall be numbered and registere I as a suit between the applicant as plaintiff and the decree-holder as d-fendant, and the Court shall proceed to investigate the matter in dispute in the same manner and with the like powers as it a suit for the property had been instituted by the applicant against the decree-holder.
two last Para-
6. The decision of the Court under the provisions contained in eitner Effect of of the last preceding paragraphs sha be of the same force or effect as a Decision under decree in an orinary suit; and no fresh suit shall be entertained between graphs. the same parties or persons claiming under them in respect of the same cause of action.
CHAPTER XII.-EXECUTION OF DECREES FOR MONEY BY ATTACHMENT
OF PROPERTY
LXXVI.—If the de rée be for money, and the amount thereof is to Mode of be levied from the property of the person against whom the same may have Attachment, be-n pronounced, the Court shall cause the p operty to be attached in the manner following:
Pos-ession of
2.-Where the property shall consist of goods, chattels, or other Moveable Pro- moveable property in the possession of the defendant, the attachment shall perty in be male by actual seizure, and the bailiff or other offic r shall keep the Defendant. same in his custody, and shall be responsible for the due custody thereof.
3.-Where the property shall consi t of goods, chattels, or other where subject moveable property to which the defendant is entitled subjec to a lien or to Lit of third right of some other p rson to the immediate possession there f, the attach- Parties. ment shall be made by a written order proh.biting the person ia poss ssion from giving over the property to d fendant.
Lien
4.—Where the property shall consist of lands, houses, or other im- Immoveable moveable property, or any interest therein either at law or in equity, the Property. attachment shall be made by a writen order p:ohibiting the defendaut from ali nating the property by sale, gif, or in any other way, and all persons from receiving the same by purchase, gift, or otherwise.
Companies.
5.Where the property shall consist of debts not being negotiable Debts and instruments, or of shares in any pulic company or corporation, the Shares in Public attachment shall be made by a written o der prohibiting the creditor from receiving the debts, and the debt or from making payment thereof to any person whomsoever, until to further order of the Court, or prohibitu g 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.
Public Officer
6.--Property in the custody or under the control of any public officer Property in the in his official capacity shall be liable to attachment in execution of a decree Custody of a with the consent of the Attorney-General, and property in custodia legis or in custodia shall be liable also to attachment by leave of the Court. In such cases, legis. the order of attachment must be served on such public officer, or on the Registrar, us the case may be
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