216813-1935-Code-of-Civil-Procedure-substitution-of-Form-No-34-in-the-Schedule — Page 1

422

THE HONG KONG GOVERNMENT GAZETTE, APRIL 5, 1935.

No. 290.

Hong Kong.

ORDINANCE No. 3 of 1901.

(CODE OF CIVIL

PROCEDURE).

In exercise of the powers conferred by section 709 (2) of the Code of Civil Procedure the Chief Justice substitutes the following form for Form No. 34 in the Schedule to the said Ordinance :-

FORM NO. 34.

Garnishee order attaching debt.

Action No.

[s. 412].

R.S.C., 1883. App. K,

of 19

No. 39.

IN THE SUPREME COURT OF HONG KONG,

ORIGINAL JURISDICTION.

Between A.B., Judgment creditor,

and

(1) C.D., Judgment debtor.

E.F.,

Garnishee.

(2) in chambers.

Upon hearing

of

filed the

and

and upon reading the affidavit

day of

19

It is ordered that all debts owing

or accruing due from the above-named garnishee to the above-named judgment debtor be attached to answer a judgment recovered against the said judgment debtcr by the above-named judgment creditor in the Supreme Court on the for the sum of $

of

$

day of

19

on which judgment the said sum remains due and unpaid; and it is further ordered that the said garnishee attend the Honourable

in chambers on

at

day, the

o'clock in the

19

>

day of noon, on an application by the said judgment creditor that the said garnishee pay the debt due from him to the said judgment debtor, or so much thereof as may be sufficient to satisfy the judgment; and that the costs of this application be

Dated the

day of

19

}

Indorsements to be made on the order before issue thereof.

If the garnishee does not dispute the debt claimed to be due from him to the judgment debtor, he may pay into Court the amount due from him to the judgment debtor or an amount equal to the sum remaining due and unpaid on the judgment as stated within.

Unless entirely satisfied that the judgment debtor is in fact the person or firm to whom he is indebted, the garnishee should attend in chambers on the day and at the time named in the within-written Order.

If the garnishee does not either pay into Court or attend on the day named within, the Court may in his absence order execution to issue.

(Sd.) A. D. A. MACGREGOR,

(1) Insert

name, address and description of Judgment debtor.

(2) Mention

the judge.

Courts of Justice, Hong Kong,

the 4th day of April, 1935.

Chief Justice.

}