Directory_and_Chronicle_1899 — Page 392

Cancellation thereof.

Effect of Re- gistration of Memorial.

Effect of Ber- vice of Writ attaching moveable Property.

Sale of moveable Property by

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CODE OF CIVIL PROCEDURE-HONGKONG

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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 shall be chargeable by the Land Office in respect thercof.

10. From the time of th 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, whe: her 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 the 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 terein 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 bonâ 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 Order of 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 Garnishes disposing of attached Pro- perty without Leave.

Custody by Sheriff.

Notios of Fore'gn 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, knowinzly and wilf lly part with the custody or control of any properly 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 du by him to the defendant, excepting only to or to the use of the plain- tiff, s all pay such damages to the paintiff as the Curt shall award, and he shall be deemed guilty of contempt of Court: Provided that the Court shall not award a large am unt 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.

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14. In all cases where it shall be made to appear to the satisfaction of the Reg strar by affidavit or ot wise 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 disp sed o", the Regis trar may, by an order in wr.ting, direct th bailiff to seize such property and de ain the same subject to the order of the Court: and the bailiff shall thereupon seize and detain such property accord nglv.

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15. Notice of the issue of the writ of forein attachment shall be- inserted wice 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, is ense with the pub ication of suc no ice.

16.-In cases where the place of residence of the defendant out of absent Defend the jurisdiction shall be known, the Court may, if it shall think fit, upon the application of the garnishee, or of any friend or agent of the defend- ant, 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 out 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 Issue of

Writ.

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