188
THE HONGKONG GOVERNMENT GAZETTE, 6TH MAY, 1871.
[No. 6 of 1855,
s. 71, 73, 74, and No. 5 of 1856, s. 7.]
[No. 6 of 1855,
6. 66, and see
No. 13 of 1864,
.. 9.]
out of the Jurisdiction of the Court, or sell or dispose of the same, out Leave of
or pay over any Debt due by him to the Defendant excepting the Court. only to or to the Use of the Plaintiff, shall pay such Damages to the Plaintiff as the Court shall award and shall be liable to the same Punishment as is provided in the Case of a Person guilty of any Contempt before the Court by Section XIX of the Principal Ordinance.
Writ.
XVIII. After the Issue of a Writ of Foreign Attachment, the Proceedings Plaintiff may proceed with his Action as if there had been due on Issue of Service of the Summons, and shall establish his Claim to the Satisfaction of the Judge, and in Casc he shall obtain a Judgment, the Judge may at the same or any subsequent Sitting examine the Garnishee and determine what Property is subject to Attach- Examination ment in his Hands under the Writ served upon him, and in Cases of Cimanishee, where the Defendant shall have appeared and defended the Action, Order thereon may forthwith order such Property or any Part thereof to be where Defend- applied in Satisfaction of the Judgment and for that Purpose may, if necessary, make any Order for the Sale und Realization thereof as the Circumstances of the Case requiro.
ant appears.
and defend
XIX. The Defendant may, notwithstanding the Issue of the Defer dant Writ of Foreign Attachment, appear and defend the Action, and if may appear Judgment be given against him, may oppose the Order for the Action. Application of the Property attached in Satisfaction thereof, and in Case Judgment shall have been obtained during the Absence of the Defendant from the Colony, the Defendant may at any Time within Six Months from the Date of such Judgment apply to the Court to review or re-hear the Case in the Manner provide by Section XXIX hereinafter contained, and it shall be lawful for the Court in its Discretion so to do.
XX. In Cases where the Defendant shall not have appeared Order for and defended the Action, no Order for the Application of any Pro- Application
of Property perty so attached as aforesaid or of the Proceeds thereof as the where Defend- Case may be in Satisfaction of the Plaintiff's Judgment shall ant does not be made unless Notice of the Issue of the Writ of Foreign appear. Attachment shall have been inserted twice in the Gazette or (in Lieu thereof) in such One or more Newspapers of the Colony as the Court may direct, nor until a Period of Thirty Days shall have elapsed from the Date of the Service of the Writ.
XXI. Property in the Hands or under the Control of any Property in Public Officer in his Official Capacity may be attached with th Hands of Pub- Consent of the Attorney General.
Discharge of Garnishees.
lic Officers.
XXII. The Order of the Court made under the Provisions Discharge of
Garnishee hereinbefore contained as to Attachment of Debts and Foreign
parting with Attachment, in pursuance of which any Property attached in the Property Hands of a Garnishee, shall be applied in Satisfaction of a Judg- under Order ment, shall be a complete Bar to any Proceedings instituted against of the Court. the Garnishee to recover the same by any Person whomsoever, but all Persons claiming an Interest in the Property attached may appear before the Court for the Purpose of opposing the making of such Order or of protecting their Rights in or to such Property: Provided always that such Order shall be no Bar to any Proceed- ings instituted by such Persons against the Plaintiff or Judgment Creditor into whose Hands such Property shall have passed there- under, or those claiming under them to recover the same or any Part thereof, unless such Persons had Notice of the Attachment, and had the Opportunity of appearing before the Court for the Purpose of opposing such Order or protecting their Rights as aforesaid, and refused or neglected so to do.
Procedure, Practice and Evidence.
XXIII. Where a Defendant raises a Defence by way of Set-off Cross Action. which, in the Opinion of the Court, is not admissible as Set-off, the Court may, if it shall think fit, on his Application, give him Liberty to withdraw such Defence and to file a Cross Summons, and may make such Order for the Hearing of the Action and Cross Action together or otherwise, on such Terms as to Costs and other Mat- ters as seem just.
XXIV. It shall be lawful for the Defendant in any Action in Equitable which if Judgment were obtained against him he would be entitled Defences. to Relief against such Judgment on equitable Grounds to plead such Grounds by Way of Defence and the Plaintiff may reply in answer to any such Plea of the Defendant Facts which avoid such Plea on equitable Grounds: Provided that if it shall appear to the Judge that any such equitable Plea or Replication cannot be dealt with by the Court so as to do Justice between the Parties, or does not disclose a good Defence upon the Merits, he may order the same to be struck out upon such Terms as to the Court may seem reasonable.
Chartels.
XXV. The Court shail have Power, if it see fit to do so, upon Specific the Application of the Plaintiff in an Action for Detention of any Delivery of Chattel to order the Return of the Chattel detained without giving the Defendant the Option of paying the Value assessed or otherwise agreed upon and in Case the Defendant shall refuse or fail without
t
"
No comments yet.
Private notes are available after approval.