Directory_and_Chronicle_1898 — Page 397

Absence from the Colony.

Bond to be entered into betore Issue of Writ.

Force thereof.

Writ how executed.

Priority of Writs.

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

How Lands attached.

Memorial to be registered.

340

CODE OF CIVIL PROCEDURE-HONGKONG

which shall be called a writ of "foreign attachment

foreign attachment" and shall be made returnable not less than fourteen days after the date thereo 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 e er have been within the Colony or not.

4-B fore any such writ shall issue, the plain iff, or some one on his behalf, shall enter int› a bond with on or more sufficient sureties, to be approved by the Registrar, in a pen i sin equal to twice the amount of d the claim, or in any less sum by special leave of the Court, the condition of which said bon i shall be that in case the defendant shall, at any time within the period limited by this Ordinance in that behalf, cau-e the writ to be set aside, or any judgment which may be given in the suit to be reversed or vari»l, the plaintiff will pay to the defendant all such sums of money, damages, costs, and char es as the Court may order a: d award on account of or in relation to the said suit, and the saiu attachment, or either of them: 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 at- tachment.

5. The bond shall be in such form as the Court may, from time to time, or in any particular case, approve and direct, and shall be entered into before the Registrar and ceposited in Court; and whenever it shall be made to appear to the satisfaction of the Co rt, upon affidavit or otherwise, that under the circumstances it is expedient hat the writ should issue fo thwith and before the bond shall have been entered into as aforesaid, the Court may order the writ to issue accordingly, upon such terms as it shall think fit, and by the same order shall limit the time, not exce ding seven days from the date of the issue of the writ, within which the boud must be entered into and eposited as afor sail; and in the case of derault of complying with the requirements of such order within the time thereby limited, the Court may dissol e the writ, and thereupon may award cots and damages to the defendant in the maner hereinbefore provided in the case of a writ being set aside or a judgment in the suit being reversed or varied.

6. All writs of foreigu attachment against moveable property shall be execu ed by the bail #f

7.---Where two or more writs of foreign attachment shall issue nt the suit of differet plaintiffs, they shall take priority respectively according to the date and time at which they reach the hands of the bailiff for execu tion. The bailiff s. all indorse upon the writ the day and time or the recent the reof.

8.-Prop rty in the custody or under the control of any public offi- cer in his odical capacity shall be liable to attachment with te consent of the Attorney-Gene al; ad proverty in custodiâ legis shall be liable to attachment leave of the Court. In such cass, the writ of foreign attachment must be served on such public Officer or on the Registrar, as the ca e may b.

9. Were the defendant is beneficially entitled to lands or any in- terest therein, a memorial con'ani: g a copy of the writ of foreigu attach- ment shall be regis ered in the Land Office established under Ordinance No. 3 of 1844 in a special book to be kept for the purpose, and to be called the " Foreign Attachment Book"; and the date and time of such reg.stration shall be duly noted and entered in the said book; and in case such writ of foreign attacment shall be dissolved, or the judgment in the suit shall be satisfied, a certificate to that effect under the hand of the Regis- trar and the seal of the Court may be filed at the Land Office, and

Digitized by J O ང