706337-1870-GOVERNMENT-NOTIFICATION — Page 7

THE HONGKONG GOVERNMENT GAZETTE, 17TH DECEMBER, 1870.

[See No. 6 of 1855, 8.71, 73, 74, and No. 5 of 1850, s. 7.]

[No. 6 of 1855,

s. 3.]

Action.

XIX. The Defendant may, notwithstanding the Issue of the Defendant Writ of Foreign Attachment, appear and defend the Action, and if may appear Judgment be given against him, may oppose the Order for the and defend 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 provided by Section XXIX hereinafter contained, and it shall be lawful for the Court in its Discretion so to do.

where Defend- ant does not appear.

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 perty so attached as aforesaid in Satisfaction of the Plaintiff's) of Property Judgment shall be made unless Notice of the Issue of the Writ of Foreign Attachment shall have been inserted twice in the Gazette or (in Lieu thereof) in such One or more Newspapers of the Co- lony 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. No Property in Custodiâ legis or in the Hands or under Property in the Control of any Public Officer in his Official Capacity shall be Custodia liable to Attachment.

legis, &c.

Discharge of Garnishees. XXII. The Order of the Court made under the Provisions Discharge of hereinbefore contained as to Attachment of Debts and Foreign Garnishee Attachment, in pursuance of which any Property attached in the parting with Hands of a Garnishee, shall be applied in Satisfaction of a Judg- under Order

Property ment, shall be a complete Bar to any Proceedings instituted against of the Court. the Garnishce 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 Right 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 admissable 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 Judginent 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 shall seem meet, or otherwise.

XXV. The Court shall have Power if it see fit to do so, upon Specific 8. 66, and see the Application of the Plaintiff in an Action for Detention of any Delivery of No. 13 of 1864, Chattel to order the Return of the Chattel detained without giving Chattels,

the Defendant the Option of paying the Value assessed or otherwise agreed upon and in Case the Defendant shall refuse or fail without reasonable Cause to comply with such Order the Court may order him to be imprisoned for any Term nor exceeding Six Months and Execution to issue against his Goods and Chattels for the Amount of such assessed or agreed Value as aforesaid and for the Costs recovered,

XXVI. It shall be lawful for the Judge, if he shall in his Dis- Merchants' cretion think fit, to receive and admit in Evidence, Entries in the Books, Books of Account of Merchants and Tradesmen, and also to take Evidence by and receive Evidence by Affidavit in Cases where a special Ground for receiving the same shall be shown to his Satisfaction by the Party tendering it.

Affidavit.

XXVII. Whenever any Action or Proceeding before the Court, Matters of shall involve or consist, wholly or partly, of Matters of Account Account. which cannot be conveniently investigated in the ordinary Way, the Judge may refer such Matter of Account to any competent Person, for a Report thereou, and may from Time to Time "remit such Report to the Referee for Re-consideration and may deter- reine the Action or Procceiling before the Court in accordates with such Report, or not, as he shull think it. The Judge may award any -

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