1890_FOREIGN_ATTACHMENT_ORDINANCE — Page 3

ORDINANCE No. 2 or 1855.

Foreign Attachment.

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 bona fide prior claims or liens thereon) be liable to the satisfaction 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 attachment 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 application in a summary way of such plaintiff to the said Court and on proof of the facts to the satisfaction of the said Court pay such damages to the said plaintiff as the said Court shall in that behalf think fit to order.

5. And be it enacted and ordained that upon the return of every such writ of attachment as aforesaid or as soon after as conveniently may be and upon such other day or days of adjournment if any as shall in that behalf be directed the said Court shall proceed to enquire and determine whether in fact the plaintiff's cause of action arose within this Island or its dependencies and if so then what lands monies chattels and other property as aforesaid sufficient to satisfy the plaintiff's cause of action together with his costs of suit then are or were at the time of the service of the same writ in the custody or under the control of any such garnishee or person as aforesaid belonging to the defendant or to or in which he was at that time entitled or interested as aforesaid and what debts were then due to such defendant from any such garnishee or person and the particulars thereof and whether the same lands monies and other property and debts or any part or parts thereof are or can be made available for the purpose of making such satisfaction as aforesaid and to what amount respectively and for the purposes of such enquiry and determination it shall be lawful for the said Court in a summary way to examine or permit the said plaintiff to examine vivâ voce upon oath every such garnishee or person together with such witnesses (if any) as the said Court may think proper to be so examined and for that purpose to make such

orders and issue such summonses to witnesses as may in that behalf be deemed expe- dient and any such garnishee or person as aforesaid or witness who shall refuse or neglect to attend according to the exigency of any such writ of attachment or to obey any such order or summons or shall refuse to be so examined shall be liable to be sum- marily proceeded against as in cases of contempt of Court and to be punished accor- dingly.*

6. And be it enacted and ordained that if any such garnishee or person in whose hands any such lands goods or property as aforesaid shall have been so attached shall be desirous of disposing of the same or any part thereof or of receiving the amount of any such bill or bond or other chose in action or any part thereof pending such attachment and shall apply for that purpose to the said Court it shall be lawful for the said Court (due notice having been given to the plaintiff of such intended application) to author-

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Enquiry as to property in garnishee's hands.

Disposal of goods, &c. by leave of Court.