698524-1873-Bills-Passed-Committee-Code-of-Civil-Procedure--c-- — Page 36

442 SUPPLEMENT TO THE HONGKONG GOVERNMENT GAZETTE, 27th SEPT., 1873.

1

Effect of De- eision under two last Para graphis.

Mode of Attachment.

Moveable Pro-

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 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.

CHAPTER XII.

EXECUTION OF DECREES FOR MONEY BY ÅTTACHMENT 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 perty in Pos- other moveable Property in the Possession of the Defendant, the session of De- Attachment shall be made by actual Seizure, and the Sheriff or other Officer shall keep the same in his Custody, and shall be responsible for the due Custody thereof.

fendant,

to Lien or

Rights of third

Parties.

Where subject 3 Where the Property shall consist of Goods, Chattels, or other moveable Property to which the Defendant is entitled sub- ject to a Lien er Right of some other Person to the immediate Possession thereof, the Attachment shall be made by a written Order prohibiting the Person in possession from giving over the Property to the Defendant.

Immoveable Property.

Debts and Shares in Public Com- panies.

Property in the Custody of a Public Officer

or in custodia legis.

Negotiable

4. Where the Property shall consist of Lands, Houses, or other immoveable Property, or any Interest therein either at Law or in Equity, the Attachment shall be made by a written 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 negoti- able Instruments, or of Shares in any public Company or Cor- poration, the Attachment shall be made by a written Order prohi- biting the Creditor from receiving the Debts, and the Debtor 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 Corporation from permitting any such Transfer or making any such Payment, until such further Örder.

6. Property in the Custody or under the Control of Public

any Officer in bis Official Capacity shall be liable to Attacliment in Execution of a Decree with the Consent of the Attorney General, and Property in custodia legis shall be liable also to Attach- ment 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.

7. Where the Property shall consist of a negotiable Instru- Instruments, ment, the Attachment shall be made by actual Seizure, and the Sheriff or other Officer shall bring the same into Court, and such Instrument shall be held subject to the further Orders of the Court.

Service of prohibitory Orders.

Private Aliena-

tion after At rachment void.

Payment into Court.by Debtor.

8. In the Case of Goods, Chattels, or other moveable Property not in the Possession of the Defendant, an Office Copy of the Order shall be delivered to the Person in possession of the Pro- perty. 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 Com- pany or Corporation, an Office Copy of the Order shall be deli- vered to or served upon the Manager, Secretary, or other proper Officer of the Company or Corporation.

9. After any Attachment shall have been made by actual Sei- zure, or by written Order as aforesaid, and in the Case of au Attachment by written Order, after it shall have been duly inti- mated 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 Conti- uuance of the Attachment, shall be null and void.

10. In every Case in which a Debtor shall be prohibited from making Payment of his Debt to the Creditor, he may pay the Amount into Court, and such Payment shall have the same Effect- as Payment to the Party entitled to receive the Debt.