Directory_and_Chronicle_1901 — Page 399

CODE OF CIVIL PROCEDURE-HONGKONG

341

Instruments

7.-Where the property shall consist of a negotiable instrument, the Negotiable attachment shall be made by actual seizure, and the bailiff or other officer shall bring the same into Court, and such instrument shall be held subject to the further orders of the Court.

8. In the case of goods, chattels, or other moveable property not in Service of

prohibitory the possession of the defendant, an office copy of the order shall be orders. delivered to the person in possession of the property. In the case of lands, houses, or other immoveable property, or any interest therein, an office copy of the order shall be registered in the Land Office under Ordinance No 3 of 1844. In the case of debts, office copies of the order shall be delivered to or served upon each individual debtor. And in case of shares in the capital or joint stock of any public company or corporation, an office copy of the order shall be delivered to or served upon the manager, secretary, or other proper officer of the company or corporation.

tion after At-

9.-After any attachment shall have been made by actual seizure, or Private Aliena- by written order as aforesaid, and in the case of an attachment by written tachment void. order after it shall have been duly intimated and made known in manner aforesaid, any alienation without leave of the Court of the property attached, whether by sale, gift, or otherwise, and any payment of the debt or debts, or dividends, or shares to the defendant during the continuance of the attachment, shall be null and void.

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10. In every case in which a debtor shall be prohibited from making Payment into

Court by payment of his debt to the creditor, he may pay the amount into Court, Debtor. and such payment shall have the same effect as payment to the party entitled to receive the debt.

order Money

attached, or any

11. In all cases of attachment under this chapter, it shall be com- Court may petent to the Court, at any time during the attachment, to direct that any or Proceeds part of the property so attached as shall consist of money or bank-notes, of Property or a sufficient part thereof, shall be paid over to the party applying for Part thereof, to execution of the decree, or that any part of the property so attached as be paid to the may not consist of money or bank-notes, so far as may be necessary for the satisfaction of the decree, shall be sold, and that the money which may be realized by such sale, or a sufficient part thereof, shall be paid to such party.

Decree-holder,

12.-When the property attached shall consist of debts due to the Appointment of

Manager. party who may be answerable for the amount of the decree, or of any lands, houses, or other immoveable property, it shall be competent to the Court to appoint a manager of the said property with power to sue for the debts, and to collect the rents or other receipts and profits of the land or other immoveable property, and to execute such deeds or instruments in writing as may be necessary for the purpose, and to pay and apply such rents, profits, or receipts toward the payment of the amount of the decree and costs or when the property attached shall consist of land, if the judgment debtor can satisfy the Court that there is reasonable ground to believe that the amount of the judgment may be raised by the mortgage of the Mortgage in land, or by letting it on lease, or by disposing by private sale of a portion on Application of the land, or of any other property belonging to the judgment debtor, it of Judgment shall be competent to the Court, on the application of the judgment debtor, to postpone the sale for such period as it may think proper, to enable the judgment debtor to raise the amount. In any case in which a manager shall be appointed under this section, such manager shall be bound to render due and proper accounts of his receipts and disbursements, from time to time, as the Court may direct.

lieu of Sale

Debtor.

13.—If the judgment debtor shall be absent from the Colony, and it In absence shall appear to the satisfaction of the Court that the public sale of

Judgment any of

Debtor, Court his property which has been attached, consisting of lands, houses, cr any may order interest therein, is objectionable, and that satisfaction of the decree may lieu of Sale.

Mortgage in