728163-1855-HONGKONG-ANNO-DECIMO-OCTAVO-VICTORIE-REGINE-NO-2-OF-1855- — Page 3

under it.

245

such judgment to be from time to time issued as in any ordinary case for the amount of the debt or damages and costs thereby recovered and to cause to be taken in execu- tion under any such writ as against any defendant whose property shall have been so attached as aforesaid all or any part of the lands goods monies and other property What may be taken so attached and which shall then continue subject to such attachment as aforesaid in whose hands soever the same property shall then be and whatever may be the nature of such property whether ordinarily liable to be taken in execution or not and although the same or part thereof may be of the nature of a chose in action only and to receive any such property in satisfaction or part satisfaction of such debt or damages and costs to an amount or value to be fixed by the Sheriff or to cause all such property (except as next mentioned) to be sold under such writ or writs as in ordinary cases-PROVIDED that with respect to any such debt or other chose in action as aforesaid no sale or other disposition thereof shall take place except by order of the Court-AND upon the application of the plaintiff at any time in a summary manner it shall be lawful for the said Court to authorise an action for the amount of any such debt to be brought in the name of the to cause the debtor to be creditor being such defendant as aforesaid or summoned to attend such Court to show cause why he should not forthwith pay the same amount to such plaintiff and if no sufficient cause be shown to order such payment accordingly and to enforce such order together with all costs attending the same by an attachment for a contempt as in other cases of the like

Provision for dis-

Attachment.

nature.

XI. PROVIDED ALWAYS AND BE IT ENACTED AND ORDAINED that if solving Foreign pending any such writ of Foreign Attachment as aforesaid or at any time before final judgment obtained in the action in which such writ issued the defendant against on his behalf shall whom the same attachment shall have issued or any person before the said Court enter into a bond with two sufficient sureties to be approved of by such Court acknowledging himself and themselves to be indebt- ed to the plaintiff in such sum as the said Court shall think fit to order conditioned to pay the said plaintiff the amount of such debt or damages and costs as he shall at any time thereafter recover in such action it shall be lawful for such defendant or person on his behalf upon entering an appearance in such action (or if such appearance shall previously have been entered by the plaintiff then upon filing a plea or pleas therein) to defend such action and upon giving notice thereof to the said plaintiff to apply to the said Court by motion as of course that the said attachment may be dissolved and the same shall be dissolved accordingly and the action shall thereupon proceed to trial and judgment in the ordinary manner.

feud within two years.

Provision enabling

XII. AND BE IT ENACTED AND ORDAINED that if after any such final judg- absent defendant ment obtained as aforesaid an affidavit shall be made by the defendant against whom to come in and de- such Process of Foreign Attachment shall have issued as aforesaid that such defendant had at the time of the obtaining of the said judgment and still hath a substantial ground of defence (either wholly or in part) to the plaintiff's action on the merits and such affidavit (sworn as next hereinafter mentioned) shall at any time before the expira. tion of two years next after such judgment be filed in the said Court then upon motion thereupon for that purpose made to the said Court on behalf of the said de- fendant and after due notice thereof given to the said plaintiff and security being en- tered into for the payment to him of all costs by him at any time thereby sustained it shall be lawful for the said Court to cause the merits so alleged as aforesaid to be inquired into and determined in such manner and form either by a feigned issue between the parties or otherwise and at such time and under such terms and con- ditions for the purpose of securing the substantial ends of justice as to the said Court shall seem meet and the said Court after such enquiry and determination had shall thereupon give such judgment or from time to time make such order or orders in the premises between the parties as the justice of the case shall appear to require and every such judgment and order may at any time (if the party succeeding shall 'think fit) be suggested upon or added to the record of the original action in which such final judgment shall have been so obtained as aforesaid AND every such affidavit if made within the Colony shall be sworn before some Officer of the Court or person authorised or to be authorised to take affidavits to be used in the said Court o: if made elsewhere shall be sworn before a Judge or Master of some Court of Law or Equity or the Chief Magistrate of some city or corporate town certified under the official seal of such Magistrate.

Property in poɛ.

XIII. AND BE IT ENACTED AND ORDAINED that the property of any such session of any co- absent defendant as aforesaid may under the provisions of this Ordinance be equally at- defendant.

tched and taken in the custody or power of any co-defendant as of any such garnishee or person as aforesaid not being a party to the action and that no Process of Foreign Attachment against any such absent defendant nor any lien intended to be thereby created upon the lands monies securities debts and chattels or other property of such de- fendant thereby attached shall in any case be defeated by reason of any such co-de- fendant or other garnishee as aforesaid being or claiming to be jointly interested with such defendant therein either as partner or otherwise.