1890_FOREIGN_ATTACHMENT_ORDINANCE — Page 9

HK Historical Laws 香港歷史法例 All AI Reviewed

ORDINANCE No. 2 of 1855.

Foreign Attachment.

[Notice to be written under or annexed to the preceding.]

TAKE NOTICE that from the time of your being served with this writ all and singular the lands and other hereditaments, monies and chattels, bills, bonds, and other property of whatsoever nature in your custody or under your control belonging to the above-named C. D. or to or in which he is 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 due by you to the said C. D., although the same or part thereof may be payable only at a future day, are to the extent of the right, title, and interest of the said C. D. therein attached in your hands and [subject to any bonâ fide prior claims or liens thereon] are liable to the satisfaction of the above-named A. B. in the above-mentioned action. And if you shall before this attachment is dissolved sell or otherwise knowingly dispose of or part with any such property or pay over any such debt or any part thereof without the leave of the Supreme Court, you will be liable to pay such damages to the said A. B. as the said Court shall in that behalf think fit to order.

A. B.

To Mr. G. H. [or G. H., R. M., and I. K. severally.]

SCHEDULE B.

In the Supreme Court of Hongkong.

[or L. M. Plaintiff's Attorney.]

A. B. Plaintiff

BETWEEN

and

C. D. Defendant [or C. D., E. F. Defendants.]

WHEREAS an action has been commenced in this Court at the suit of the above-named A. B. against the above-named C. D. [or C. D. and E. F.] to recover [state shortly the cause of action in substance and the amount sworn to if for a sum certain] and it being alleged that the said C. D. does not reside within this Island or its dependencies, a writ of foreign attachment has been issued returnable on the ... day of ..., wherein G. H. of ... is garnishee [or G. H. of ..., R. M. of ..., and I. K. of ... are garnishees]. Notice is hereby given thereof and that if at any time before final judgment in this action the said C. D. or any person on his behalf will give the security and notice and file the appearance or plea required by the Ordinance of this Island intituled [insert title], the said attachment may be dissolved.

Dated this ... day of ...

SCHEDULE C.

185...

A. B.

[or L. M. Plaintiff's Attorney.]

KNOW ALL MEN by these presents that we A. B. of ..., &c., N. O. of ..., &c., and P. Q. of ..., &c., are and each of us is jointly and severally bound unto ... in the penal sum of $... to be paid to the said C. D., C. D. late of ..., or his certain attorney, executors, administrators, or assigns. For which payment to be made we jointly and severally bind ourselves and each and every of us and our respective heirs, executors, and administrators firmly by these presents. Sealed with our seals.

Dated this ... day of ... 185...

WHEREAS an action at law hath lately been commenced in the Supreme Court of Hongkong at the suit of the above-bounden A. B. against the above-named C. D. [or C. D. and another] and a writ of foreign attachment hath on the application of the said A. B. been issued therein, and whereas the ...

Page 301

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ORDINANCE No. 2 of 1855. Foreign Attachment. [Notice to be written under or annexed to the preceding.] TAKE NOTICE that from the time of your being served with this writ all and singular the lands and other hereditaments, monies and chattels, bills, bonds, and other property of whatsoever nature in your custody or under your control belonging to the above-named C. D. or to or in which he is 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 due by you to the said C. D., although the same or part thereof may be payable only at a future day, are to the extent of the right, title, and interest of the said C. D. therein attached in your hands and [subject to any bonâ fide prior claims or liens thereon] are liable to the satisfaction of the above-named A. B. in the above-mentioned action. And if you shall before this attachment is dissolved sell or otherwise knowingly dispose of or part with any such property or pay over any such debt or any part thereof without the leave of the Supreme Court, you will be liable to pay such damages to the said A. B. as the said Court shall in that behalf think fit to order. A. B. To Mr. G. H. [or G. H., R. M., and I. K. severally.] SCHEDULE B. In the Supreme Court of Hongkong. [or L. M. Plaintiff's Attorney.] A. B. Plaintiff BETWEEN and C. D. Defendant [or C. D., E. F. Defendants.] WHEREAS an action has been commenced in this Court at the suit of the above-named A. B. against the above-named C. D. [or C. D. and E. F.] to recover [state shortly the cause of action in substance and the amount sworn to if for a sum certain] and it being alleged that the said C. D. does not reside within this Island or its dependencies, a writ of foreign attachment has been issued returnable on the ... day of ..., wherein G. H. of ... is garnishee [or G. H. of ..., R. M. of ..., and I. K. of ... are garnishees]. Notice is hereby given thereof and that if at any time before final judgment in this action the said C. D. or any person on his behalf will give the security and notice and file the appearance or plea required by the Ordinance of this Island intituled [insert title], the said attachment may be dissolved. Dated this ... day of ... SCHEDULE C. 185... A. B. [or L. M. Plaintiff's Attorney.] KNOW ALL MEN by these presents that we A. B. of ..., &c., N. O. of ..., &c., and P. Q. of ..., &c., are and each of us is jointly and severally bound unto ... in the penal sum of $... to be paid to the said C. D., C. D. late of ..., or his certain attorney, executors, administrators, or assigns. For which payment to be made we jointly and severally bind ourselves and each and every of us and our respective heirs, executors, and administrators firmly by these presents. Sealed with our seals. Dated this ... day of ... 185... WHEREAS an action at law hath lately been commenced in the Supreme Court of Hongkong at the suit of the above-bounden A. B. against the above-named C. D. [or C. D. and another] and a writ of foreign attachment hath on the application of the said A. B. been issued therein, and whereas the ... Page 301
Baseline (Original)
ORDINANCE No. 2 or 1855. Foreign Attachment. [Notice to be written under or annexed to the preceding.] TAKE NOTICE that from the time of your being served with this writ all and singular the lands and other hereditaments monies and chattels bills bonds and other property of whatsoever nature in your custody or under your controul belonging to the above-named C. D. or to or in which he is 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 due by you to the said C. D. although the same or part thereof may be payable only at a future day are to the extent of the right title and interest of the said C. D. therein attached in your hands and [subject to any bonâ fide prior claims or liens thereon] are liable to the satisfaction of the above-named A. B. in the above-mentioned action-And if you shall before this attachment is dissolved sell or otherwise knowingly dispose of or part with any such property or pay over any such debt or any part thereof without the leave of the Supreme Court you will be liable to pay such damages to the said A. B. as the said Court shall in that behalf think fit to order. A. B. To Mr. G. H. [or G. H. R. M. and 1. K. severally.] SCHEDULE B. In the Supreme Court of Hongkong. [ør L. M. Plaintiff's Attorney.] A. B. Plaintiff BETWEEN and C. D. Defendant [or C. D: E. F. Defendants.] WHEREAS an action has been commenced in this Court at the suit of the above-named A. B. against the above-named C. D. [or C. D. and E. F.] to recover [state shortly the cause of action in substance and the amount sworn to if for a sum certain] and it being alleged that the said C. D. does not reside within this Island or its dependencies a writ of foreign attachment has been issued returnable on the day of wherein G, H. of is garnishee [or G. H. of R. M. of are garnishees]-Notice is hereby given thereof and that if at any time before final judgment in this action the said C. D. or any persou on his behalf will give the security and notice and file the appearance or plea required by the Ordinance of this Island intituled [insert title] the said attachment may be dissolved. and I. K. of Dated this day of SCHEDULE C. 185 A. B. [or L. M. Plaintiff's Attorney.] KNOW ALL MEN by these presents that we A, B. of &c. N. O. of &c. and P. Q. of &c. are and each of us is jointly and severally bound unto fc. in the penal sum of $ to be paid to the said C. D. C. D. late of or his certain attorney executors administrators or assigns-For which payment to be made we jointly and severally bind ourselves and each and every of us and our respective heirs executors and administrators firmly by these presents. Sealed with our seals. Dated this day of 185 WHEREAS an action at law hath lately been commenced in the Supreme Court of Hongkong at the suit of the above-bounden A. B. against the above-named C. D. [or C. D. and another] and a writ of foreign attachment hath on the application of the said A. B. been issued therein and whereas the 301
2026-05-02 15:19:14 · Baseline
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ORDINANCE No. 2 or 1855.

Foreign Attachment.

[Notice to be written under or annexed to the preceding.]

TAKE NOTICE that from the time of your being served with this writ all and singular the lands and other hereditaments monies and chattels bills bonds and other property of whatsoever nature in your custody or under your controul belonging to the above-named C. D. or to or in which he is 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 due by you to the said C. D. although the same or part thereof may be payable only at a future day are to the extent of the right title and interest of the said C. D. therein attached in your hands and [subject to any bonâ fide prior claims or liens thereon] are liable to the satisfaction of the above-named A. B. in the above-mentioned action-And if you shall before this attachment is dissolved sell or otherwise knowingly dispose of or part with any such property or pay over any such debt or any part thereof without the leave of the Supreme Court you will be liable to pay such damages to the said A. B. as the said Court shall in that behalf think fit to order.

A. B.

To Mr. G. H. [or G. H. R. M. and 1. K. severally.]

SCHEDULE B.

In the Supreme Court of Hongkong.

[ør L. M. Plaintiff's Attorney.]

A. B. Plaintiff

BETWEEN

and

C. D. Defendant [or C. D:

E. F. Defendants.]

WHEREAS an action has been commenced in this Court at the suit of the above-named A. B. against the above-named C. D. [or C. D. and E. F.] to recover [state shortly the cause of action in substance and the amount sworn to if for a sum certain] and it being alleged that the said C. D. does not reside within this Island or its dependencies a writ of foreign attachment has been issued returnable on the

day of

wherein G, H. of

is garnishee [or G. H. of

R. M. of

are garnishees]-Notice is hereby given thereof and that if at any time before final judgment in this action the said C. D. or any persou on his behalf will give the security and notice and file the appearance or plea required by the Ordinance of this Island intituled [insert title] the said attachment may be dissolved.

and I. K. of

Dated this

day of

SCHEDULE C.

185

A. B.

[or L. M. Plaintiff's Attorney.]

KNOW ALL MEN by these presents that we A, B. of

&c. N. O. of

&c. and P. Q. of &c. are and each of us is jointly and severally bound unto fc. in the penal sum of $ to be paid to the said C. D.

C. D. late of or his certain attorney executors administrators or assigns-For which payment to be made we jointly and severally bind ourselves and each and every of us and our respective heirs executors and administrators firmly by these presents. Sealed with our seals.

Dated this

day of

185

WHEREAS an action at law hath lately been commenced in the Supreme Court of Hongkong at the suit of the above-bounden A. B. against the above-named C. D. [or C. D. and another] and a writ of foreign attachment hath on the application of the said A. B. been issued therein and whereas the

301

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