Directory_and_Chronicle_1900 — Page 400

Where Right of Deoree-holder disputed.

Effect of

two last Para- graphe,

340

CODE OF CIVIL PROCEDURE—HONGKONG

5.-If any person other than the defendant shall be dispossessed of any land or other immoveable property in execution of a decree, and such person shall dispute the right of the decree-holder to dispossess him of such property under the decree, on the ground that the property was bond fide in his possession on his own account, or on account of some other person than the defendant, and that it was not included in the decree, or if included in the 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 registered as a suit between the applicant as plaintiff and the decree-holder as defendant, and the Court. shall proceed to investigate the matter in dispute in the same manner and with the like powers as if a suit for the property had been instituted by the applicant against the decree-holder.

6. The decision of the Court under the provisions contained in either Decision under of the last preceding paragraphs shall be of the same force or effect as a decree in an ordinary suit; and no fresh suit shall be entertained between the same parties or persons claiming under them in respect of the same cause of action.

Mode of Attachment.

Moveable Pro perty in

Possession of Defendant.

Where subject to Lien or Rights of third Parties.

Immoveable Property.

Debts and

Companies.

CHAPTER XII.-EXECUTION OF DECREES FOR MONEY BY ATTACHMENT

OF PROPERTY

LXXVI. If the decree be for money, and the amount thereof is to be levied from the property of the person against whom the same may have been pronounced, the Court shall cause the property to be attached in the manner following:

2.-Where the property shall consist of goods, chattels, or other moveable property in the possession of the defendant, the attachment shall be made by actual seizure, and the bailiff or other officer shall keep the same in his custody, and shall be responsible for the due custody thereof.

3.-Where the property shall consist of goods, chattels, or other moveable property to which the defendant is entitled subject to a lien or right of some other person to the immediate possession thereof, the attach- ment shall be made by a written order prohibiting the person in possession from giving over the property to defendant.

4. Where the property shall consist of lands, houses, or other im- moveable property, or any interest therein either at law or in equity, the attachment shall be made by a writen order prohibiting the defendant from alienating the property by sale, gift, or in any other way, and all persons from receiving the same by purchase, gift, or otherwise.

5. Where the property shall consist of debts not being negotiable Shares in Public instruments, or of shares in any public company or corporation, the attachment shall be made by a written order prohibiting the creditor from receiving the debts, and the debt or from making payment thereof to any person whomsoever, until the further order of the Court, or prohibiting the person in whose name the shares may be standing from making any transfer of the shares or receiving payment of any dividends thereof, 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.

Property in the Custody of a Public Officer or in custodia lagia.

6. Property in the custody or under the control of any public officer in his official capacity shall be liable to attachment in execution of a decree with the consent of the Attorney-General, and property in custodia legis shall be liable also to attachment by leave of the Court. In such cases, the order of attachment must be served on such public officer, or on the Registrar, as the case may be.

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