Tittle.
Preamble.
ainst an
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HONGKONG.
ANNO DECIMO OCTAVO VICTORIÆ REGINE.
No. 2 of 1855.
BY His Excellency Sir John Bowring, Knight, LL.D., Governor and Commander- in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British Subjects in China, with the advice of the Legislative Council of Hongkong.
AN ORDINANCE TO PROVIDE FOR AND REGULATE PROCESS IN ACTIONS at Law AGAINST PERSONS ABSENT FROM THE COLONY.
[19th January, 1855.] WHEREAS by the laws at present in force there are no means by which actions at law can be successfully prosecuted against persons absent from the Colony be- cause there is no Process by Foreign Attachment or otherwise for compelling either defence or appearance on behalf of any such defendant-
On any return I. BE IT THEREFORE ENACTED AND ORDAINED by His Excellency of non est inventus the Governor of Hongkong, with the advice of the Legislative Council there- and on affidavit filed &c. plaintiff of, that in every action at law which shall hereafter be commenced in the may proceed ag- Supreme Court of Hongkong wherein the writ of summons or of capias absent shall as to any defendant named therein be returned non est inventus if upon or defendant by for- after such return an affidavit shall be filed on behalf of the plaintiff (in addition to a eign attachment.
full affidavit of the cause of action that such cause of action arose within this Island or its Dependencies and that to the best of the deponent's belief such defendant does not reside within this Island or its Dependencies and is to the best of the deponent's belief possessed of or entitled to or otherwise beneficially interested in any lands monies securities for money chattels or other property in the custody or under the control of any person or persons in this Island or its Dependencies (to be named in such affidavit) or that any such person or persons is or are indebted to such de- fendant the plaintiff may proceed against such defendant by Process of Foreign Attachment in the manner hereinafter directed.
how
Form of attach- ment and served.
II. AND BE IT ENACTED AND ORDAINED that at any time after the filing of such affidavit as aforesaid a Writ of Foreign Attachment shall be issued at the plaintiff's instance as of course and every such writ shall be in the form or to the effect of the form contained (in the Schedule to this Ordinance marked A and be returnable into the said Court not less than fourteen days nor more than sixty days next after the date thereof and shall be served upon the several garnishees or persons therein named in whose hands it is intended thereby to attach any such lands monies chattels or debts by delivering a copy thereof to each such garnishee personally or by leaving the same at his or her then or then last usual to place of abode-PROVIDED ALWAYS that final judgment shall in no case be proof where cause signed in any such action until an entry shall have been made on the record of the of action accrued. issue of such Writ of Attachment with a suggestion of the fact that the cause or
Proviso as
Public notice to be given.
ment served.
causes of action so arose as aforesaid and that in case it shall at any time appear that the cause of action did not arise within this Island or its Dependencies the attachment shall be forthwith dissolved with costs to be paid by the plaintiff to such parties and in such manner as the Court shall direct.
III. AND BE IT ENACTED AND ORDAINED that in addition to such service the plaintiff shall also cause a notice of the issue of such writ signed by him or his attorney to be published not less than twice in the Government Gazette and also not less than twice in one newspaper published within this Colony and every such notice shall be in the form or to the effect of the form contained in the Schedule to this Ordinance marked B and the last of such publications thereof shall be one week at the least before the day on which the Writ of Attachment shall be so made returnable. Property and IV. AND BE IT ENACTED AND ORDAINED that from the time of the service debts bound from of such writ upon any such garnishee or person as aforesaid all and singular the lands the time of attach- monies and chattels bills bonds and other property of whatsoever nature in the custody or under the control of such garnishee then belonging tothe defendant against whom the same writ issued or to or in which such defendant shall then be legally or equitably entitled or otherwise beneficially interested and whether solely or jointly with any other person or persons and all debts of every kind then due by any such garnishee to such defendant although the same or part thereof may be payable only at a future day shall to the extent of such defendant's right title and interest therein respectively be attached in the hands of such garnishee and (subject to any bond fide prior claims or liens thereon) be liable to the satis- faction of the particular demand or cause of action of which he shall by the said writ have had notice~AND any such garnishee or person who shall without the leave of the said Court at any time after such service and before the said attach- ment shall be dissolved as hereinafter mentioned sell or otherwise knowingly dispose of or part with any such property or pay over any such debt or any part thereof excepting only to or to the use of the plaintiff in such writ shall upon the applica-
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