Directory_and_Chronicle_1898 — Page 396

CODE OF CIVIL PROCEDURE-HONGKONG

339

to apply to the Court for an order on the person disobeying such decree Evidence in or order to show cause why he should not be punished for the disobedience, support. The Court, unless it sees good reason to the contrary, shall, on such application, make an order accordingly.

2. The Court shall not grant the order except on evidence on oath copy to be or affidavit establishing such a case as, if uncontradicted and unexplained, served. would justify the immediate commitment of the person disobeying the decree or order.

3.-A certified copy of the order and of the affidavit or disposition on pin which the order is granted shall be served on the party to whom the Beturn-day. order is directed.

Conditional

4.--On the return-day of the order, if the person to whom it is directed Enlargement does not attend and does not establish a sufficient excuse for not attending, of Time and and if the Court is satisfied that the order has been duly served,-or if he order. 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 Duration of may, on the return of it and under circumstances which would strictly Detention. justify the immediate commitment of the person guilty of the disobedience, direct that the warrant for his commitment shall issue only alter a certain time and in the event of his continued disobedience at that time to the decree or other 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 fine 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 In what cases. 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 de'cndant, but that the d fendant is absent from the Colony, or that there is probable cause to believe that the def ndant is concealing imself to evade procee lings ; (c.) That the defendant is beneficially entitled to lands, or to any interest therein within the jurisdiction, or to any moneys, securities for mouey, goods, chattels, or other pro- perty whatsoever, within the jurisdiction, in the custody, or unde. the control, of any other person within the jurisdic- tion, or that such other person (hereinafter called the garnishee) is indebted to the defendant;

Affida it to be filed.

the Registrar may issue a writ of general attachment against all the pro- Issue of Writ. perty moveable and immoveable of the defendant within the jurisdiction,

Digitized by oog e

•