Directory_and_Chronicle_1899 — Page 393

CODE OF CIVIL PROCEDURE-HONGKONG

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the Court shall appoint, may proceed to establish his claim as in ordinary suit in which there has been due service of the writ of summons and leave has been obtained to proceed ez parte.

18.-'pon the hearing of the petition the Court shall proceed to Examination enquire and determine whe: her in fact the plaintiff's case is within the of Garnishes. provisions herein contained relating to foreign attachment, and whether the plaintiff has established his clain, and shall pronounce judgment accordingly; and if the plaintiff shall obtain a judgment, the Court may, at the same or any subsequent sitting, examine, or ermit the plaintiff to examine, the garnishee and any other persons, and determine what property mo.eable or immoveable is subject to attachment under the writ issued.

summon any

19.—The Court may, of its own mot on, or at the instance of any Power to person interest d in the inquiry, summon any person whom it may think per necessary and examine him in relation to such property, and may require Witness. the garnishee, as well as the person summoned as foresaid, to pro·luce all deeds and documents in his possession or power relating to such property.

20.-If the paintiff shall obtain judgment, the Court may, at the Proceedings on time of pronouncing the decree in favour of the plaintiff, or at an sub- sequent sitting, order that execution do issue against all or any of the property attachel which the Court shall have declared to be liable to satisfy the plaintiff claim, and all the provisions of this Code relating to Execution. execution of decrees in ord nary suits hall apply to execution so ordered against the said property.

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Judgment.

21.- the plaintiff shall fail to obtain judgment, the Court shall Dissolution of thereupon disolve the writ of for ign attachment issued at his suit.

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Writ.

Ships.

22.-Whenever there shall be two or more adverse claimants to any Attachment of gools la len on board o auy shi, and such ship shall be atta hed in a suit against the shipowner for the non-delivery of such goods, the Court my, in its disretion, on the aplication of the master, or of the a reut of he ship wner, stay the pr ceedin's upon such terms as the Court shall deem reasonable, and orde · such goods to be lan·led and ware oused in custodiâ legis without prejudice to the master's lien thereon, and may dissolve ·he attachment against the ship, and may make such orders as may be necessary for the determination of the rights of such adverse claimants upon such terms, as to security and other matters, as may seein just.

23.-Whenever there shall be several claimants of any property at- Claims to Pro tached or to any interest therein, the Court may, in its discretion, summon before it all the claimants and may make such orders for the ascertaining of their respective rights for the custo ly of the property in the mean- while as it shall, in its discretion, think fit, ei her under this provision, or the provisions of this Code relating to adverse claims and to claims to attached property.

perty attached.

ings against

24-The Court may stay proceedings in any suit commenced against Stay of Proceed. a garnishee in respect of property attached in his hands, upon such terms Garnishes. as it shall think fi'.

ment.

25.-The Court at any time before judgment, upon being satisfied by Leave to defend affidavit or otherwise that the defendant has a substantial ground of defence before Judg- either wholly or in part, to the suit on the merits, may give leave to the defendant to defend the suit, without prejudice to the attachment under

the writ.

26.-The defendant, at any time before any property attached in the Release of Pro- suit shall have been sold in satisfaction of the plaintiff's claim, may apply on Security to the Court upon notice of motion for an order to dissolve the attachment being given. under the writ as to the whole or any part of the property attached upon security being given to answer the plaintiff's claim, and the Court may make such order, either absolutely or upon such terins as it may deem reasonable, and in the meanwhile may stay or postpone any sale.