448 SUPPLEMENT TO THE HONGKONG GOVERNMENT GAZETTE, 27TH SEPT., 1873.
Property in 8. Property in the Custody or under the Control of any public Custody of a Officer in his official Capacity shall be liable to Attachment with Public Officer, the Consent of the Attorney General; and Property in custodiâ legia shall be liable to Attachment by Leave of the Court. In such Cases, the Writ of Foreign Attachment must be served on such Public Officer, or on the Registrar, as the Case may be.
or in custodiá legis.
How Lands attached.
any
9. Where the Defendant is beneficially entitled to Lands or interest therein a Memorial containing a Copy of the Memorial to be Writ of Foreign Attachment shall be registered in the Land registered. Oface established under Ordinance No. 3 of 1844 in a special Book to be kept for the Purpose and to be called the "Foreign Attachinent Book;" and the Date and Time of such Registration shall be duly noted and entered in the said Book; and in Case such Writ of Foreign Attachment shall be dissolved, or the Judgment in the Suit shall be satisfied, a Certificate to that Effect under the Hand of the Registrar and the Seal of the Court may be filed at the Land Office, and thereupon the Memo- rial shall be deemed to have been cancelled. The Fees payable to the Land Office shall be for the Registration of such Memorial One Dollar, and for the filing of such Certificate One Dollar, and no other Fees shall be chargeable by the Land Office in respect thereof.
Cancellation thereof.
Effect of Re- gistration of Memorial.
Effect of Ser- vice of Writ attaching
moveable Pro- perty.
Sale of movea-
10. From the Time of the Registration in the Land Office of the Memorial of a Writ of Foreign Attachment, all Lands within the Jurisdiction, or any Interest therein to which the Defendant men- tioned in such Writ is then beneficially entitled, whether solely or jointly with others, shall, to the Extent of his Interest therein, and subject to Crown Debts and to any bona fide prior Title thereto, or Lien or Charge thereon, and to the Rights and Powers of prior Incumbrancers, be attached to satisfy the Claim of the Plaintiff.
11. From the Time of the Service upon the Garnishee of a Writ of Foreign Attachment, all Property whatsoever, within the Ju- risdiction other than Lands, or any Interest therein, to which the Defendant mentioned in such Writ is then beneficially entitled, whether solely or jointly with others and which is in the Custody or under the Control of the Garnishee, and all Debts then due or accruing due by the Garnishee to the Defendant, shall, to the Extent of the Defendant's Interest therein, and subject to Crown Debts and to any bona fide prior Title thereto, or Lien or Charge thereon, and to the Rights and Powers of prior Incumbrancers, be respectively attached in the Hands of such Garnishee, to satisfy the Claim of the Plaintiff.
12. The Court may, at any Time before Judgment, upon such ble Property Grounds as it shall deem sufficient, order any Property, other than Lands, or any Interest therein, attached under such Writ to be sold in such Manner as it shall direct and the net Proceeds to be paid into Court.
by Order of Court,
tached Pro-
Leave.
Punishment of 13. Any Garnishee who shall without Leave or Order of Garnishee dis the Court, at any Time after the Service of the Writ and before posing of at the Attachment shall be dissolved, knowingly and wilfully part perty without with the Custody or Control of any Property attached in his Hands, or remove the same out of the Jurisdiction of the Court, or sell or dispose of the same, or pay over any Debt due by him to the Defendant excepting only to or to the Use of the Plaintiff, shall pay such Damages to the Plaintiff as the Court shall award and he shall be deemed guilty of Contempt of Court: Provided that the Court shall not award a larger Amount of Dainages than it is competent to decree in an Action for Damages and such Award shall bar any Suit for Damages in respect of such Attach-
Custody by Sheriff.
Notice of Foreign At- tachment.
Notice to
ment,
14. In all Cases where it shall be made to appear to the Satis- faction of the Registrar by Affidavit or otherwise that there is reasonable Cause to believe that any Property attached is in danger of being removed out of the Jurisdiction, or of being sold, or otherwise disposed of, the Registrar may by an Order in Writing, direct the Sheriff to seize such Property and detain the same subject to the Order of the Court; and the Sheriff shall thereupon seize and detain such Property accordingly.
15. Notice of the Issue of the Writ of Foreign Attachment shall be inserted twice in the Gazette and twice in some local Newspaper, unless the Court shall, by reason of the Defendant having entered an Appearance, or upon any other Ground, dispense with the Publication of such Notice.
16. In Cases where the Place of Residence of the Defendant absent Defend-out of the Jurisdiction, shall be known, the Court may, if it shall ant may be
think fit, upon the Application of the Garnishee, or of any Friend, ordered.
or Agent of the Defendant, or of its own Motion, and upon such Terms as it may deem reasonable, order that Notice of the Writ be served upon the Defendant out of the Jurisdiction and that further Proceedings be stayed until further Order, but without Prejudice to the Attachment under the Writ.
Proceedings 17. After the Issue of the Writ of Foreign Attachment, (but after Issue of subject to the Provisions of the last preceding Paragraph) the Plaintiff may forthwith file his Petition, and upon such Day after
Writ.
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