ORDINANCE No. 2 of 1855.
Foreign Attachment.
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 creditor being such defendant as aforesaid or to cause the debtor to be 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 nature.
11. Provided always and be it enacted and ordained that if 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 whom the same attachment shall have issued or any 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 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.
12. And be it enacted and ordained that if after any such final judgment obtained as aforesaid an affidavit shall be made by the defendant against whom 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 expiration 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 defendant and after due notice thereof given to the said plaintiff and security being entered 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
297
What may be taken under it
Provision for dissolving foreign attachment.
Provision enabling absent defendant to come in and defend within two years.
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ORDINANCE No. 2 or 1855.
Foreign Attachment.
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
pro- perty 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 disposi- tion 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 creditor being such defendant as aforesaid or to cause the debtor to be 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 nature.
11. Provided always and be it enacted and ordained that if 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 whom the same attachment shall have issued or any 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 him- self and themselves to be indebted 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.
12. And be it enacted and ordained that if after any such final judgment obtained as aforesaid an affidavit shall be made by the defendant against whom 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 expiration 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 defendant and after due notice thereof given to the said plaintiff and security being entered 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
297
What may be taken under it
Provision for dis- solving foreign attachment.
Provision
enabling absent defendant to come in and de- fend within two years.
Page 5Page 6
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