1890_FOREIGN_ATTACHMENT_ORDINANCE — Page 4

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After attachment returned plaintiff may proceed in the action.

Court to determine what property is to continue subject to the attachment.

Plaintiff to enter into a bond to account, &c.

After judgment plaintiff may issue a fieri facias,

ORDINANCE No. 2 OF 1855.

Foreign Attachment.

ise such garnishee or person to sell or dispose of any such property or receive any such amount and to hold the proceeds of such sale or disposal or the amount so received subject to such attachment as aforesaid or otherwise for the satisfaction of the plaintiff as to such Court shall seem fit.

7. And be it enacted and ordained that at any time after the return day of any such writ of attachment it shall be lawful for the plaintiff to cause an appearance to be entered for the defendant against whom the same shall have so issued and to proceed thereon as if such defendant resided within this Colony and had appeared to the action in person—provided that such bond as is in that behalf hereinafter mentioned shall have been duly entered into before final judgment be given therein.

8. And be it enacted and ordained that so soon as upon any such examination or enquiry as aforesaid it shall be ascertained by the Court what lands, monies, or other such property and debts as aforesaid can be made available for the purpose of making such satisfaction to the plaintiff as aforesaid, the said Court shall forthwith order the same or such part or parts thereof respectively as it shall think proper in that behalf to be thenceforward holden for that purpose and to continue subject to such attachment accordingly or to be sold or otherwise disposed of if such Court shall think fit, and the proceeds or (in case of debts then payable) the amount of such debts to be paid into the hands of some officer of the Court subject to such attachment as the said Court may order, and with respect to all and singular the lands, monies, and other property, debts, and other choses in action to which no such order as last aforesaid shall be intended to apply, it shall be lawful for the said Court at any time to direct that the said attachment shall be dissolved.

9. And be it enacted and ordained that within one calendar month next after any such writ of attachment shall have issued as aforesaid, the plaintiff at whose suit the same shall have been so issued, or if absent, some person on his behalf shall 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 indebted to the defendant against whom such attachment shall have so issued in such sum as the said Court shall think fit to order, the condition of which said bond shall be in the form or to the effect of the form contained in the schedule to this Ordinance marked C—and in case of any breach or alleged breach of such condition, the defendant shall be at liberty to sue the parties to such bond thereon at any time, and if such bond be not so entered into as aforesaid, the attachment shall be ipso facto dissolved.

10. And be it enacted and ordained that at any time after such bond shall have so entered into and after final judgment in favour of the plaintiff shall have been obtained, it shall be lawful for him to cause a writ or writs of fieri facias upon 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 execution 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 so attached, and