Directory_and_Chronicle_1900 — Page 409

CODE OF CIVIL PROCEDURE-HONGKONG

349

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 ex parte.

18. Upon the hearing of the petition the Court shall proceed to Examination enquire and determine whether 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 claim, 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 permit the plaintiff to examine, the garnishee and any other persons, and determine what property moveable or immoveable is subject to attachment under the writ issued.

summon any Person 28

19.-The Court may, of its own motion, or at the instance of any Power to person interested in the inquiry, summon any person whom it think

may necessary and examine him in relation to such property, and may require Witness. the garnishee, as well as the person summoned as aforesaid, to produce all deeds and documents in his possession or power relating to such property.

20.-If the plaintiff shall obtain judgment, the Court may, at the Proceedings on time of pronouncing the decree in favour of the plaintiff, or at any sub- Judgment. sequent sitting, order that execution do issue against all or any of the property attached 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 ordinary suits shall apply to execution so ordered against the said property.

8

21.-If the plaintiff shall fail to obtain judgment, the Court shall Dissolution of thereupon dissolve the writ of foreign attachment issued at his suit.

Writ.

Ships.

22.-Whenever there shall be two or more adverse claimants to any Attachment of goods laden on board of any ship, and such ship shall be attached in a Buit against the shipowner for the non-delivery of such goods, the Court may, in its discretion, on the application of the master, or of the agent of the shipowner, stay the pr. ceedings upon such terms as the Court shall deem reasonable, and order such goods to be landed and warehoused in custodia legis without prejudice to the master's lien thereon, and may dissolve the 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 seem 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 perty attached. before it all the claimants and may make such orders for the ascertaining of their respective rights for the custody of the property in the mean- while as it shall, in its discretion, think fit, either under this provision, or the provisions of this Code relating to adverse claims and to claims to attached property.

24. The Court may stay proceedings in any suit commenced against Stay of Proceed

ings against a garnishee in respect of property attached in his hands, upon such terms Garnishes. as it shall think fit.

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.

perty

attached

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 terms as it may deem reasonable, and in the meanwhile may stay or postpone any sale.