A.D. 1901.]
CODE OF CIVIL PROCEDURE,
729
[No. 3.
403. Where the property consists of a negotiable instrument, the Attachment shall be made by actual seizure, and the Bailiff shall bring the same into Court, and such instrument shall be held subject to the further order of the Court.
H. K. Code, s. 75 (7.)
404. Property in the custody or under the control of any public officer in his official capacity shall be liable to attachment with the consent in writing of the Attorney General, and in such case the order of attachment shall be served on such public officer.
Attachment of property in custody of public officer. Ib. s. 76 (6.)
405. Property in custodia legis shall be liable to attachment by leave of the Court, and in such case the order of attachment shall be served on the Registrar.
Attachment in custodia legis. Ib.
406.-(1.) In the case of movable property not in the possession of the judgment debtor, an office copy of the prohibitory order shall be delivered to or served on the person in possession of the property.
(2.) In the case of immovable property or any interest therein, an office copy of the prohibitory order shall be delivered to or served on the defendant, and, if such property or interest is registered in the Land Office, shall be registered in the Land Office under the Land Registration Ordinance, 1844.
(3.) In the case of shares in any public company or corporation, an office copy of the prohibitory order shall be delivered to or served on the manager, secretary, or other proper officer of the company or corporation.
Prohibitory order. Ib. s. 76 (8.) No. 1 of 1844.
407. After an attachment has been made by actual seizure or by prohibitory order as aforesaid, and, in the case of an attachment by prohibitory order, after it has been duly intimated and made known in manner aforesaid, any alienation without leave of the Court of the property attached, whether by sale, gift, or in any other way, and any transfer or payment of the shares or dividends to the judgment debtor or any other person, during the continuance of the attachment, shall be null and void.
Nullity of alienation, etc., of property after attachment. Ib. s. 76 (9)
408. In any case of attachment of property other than debts, the Court may, at any time during the attachment, direct that any part of the property so attached which consists of money or bank notes, or a sufficient part thereof, shall be paid over to the party applying for execution of the judgment, and that any part of the property so attached which does not consist of money or bank notes shall, so far as may be necessary for the satisfaction of the judgment, be sold, and that money which may be realized by such sale, or a sufficient part thereof, shall be paid to such party:
Payment of money or property attached to judgment creditor. Ib. s. 76 (11.)
:
A.D. 1901.]
CODE OF CIVIL PROCEDURE,
729
[No. 3. 403. Where the property consists of a negotiable instrument, the Attachment Attachment shall be made by actual seizure, and the Bailiff shall bring instrument.
of negotiable the same into Court, and such instrument shall be held subject to the H. K. Code, further order of the Court.
8. 75 (7.)
in custody of of property public officer. Ib. s. 76 (6.)
404. Property in the custody or under the control of any public Attachment officer in his official capacity shall be liable to attachment with the consent in writing of the Attorney General, and in such case the order of attachment shall be served on such public officer.
405. Property in custodiâ legis shall be liable to attachment by leave of the Court, and in such case the order of attachment shall be served on the Registrar.
Attachment in custodia of property
legis.
Ib.
prohibitory
406.-(1.) In the case of movable property not in the possession of Service of the judgment debtor, an office copy of the prohibitory order shall be delivered to or served on the person in possession of the property.
(2.) In the case of immovable property or any interest therein, an office copy of the prohibitory order shall be delivered to or served on the defendant, and, if such property or interest is registered in the Land Office, shall be registered in the Land Office under the Land Registration Ordinance, 1844.
(3.) In the case of shares in any public company or corporation, an office copy of the prohibitory order shall be delivered to or served on the manager, secretary, or other proper officer of the company or cor- poration.
order. Ib. s. 76 (8.)
No. 1 of 1844.
alienation,
attachment.
407. After an attachment has been made by actual seizure or by Nullity of prohibitory order as aforesaid, and, in the case of an attachment by etc., of pro- prohibitory order, after it has been duly intimated and made known in perty after manner aforesaid, any alienation without leave of the Court of the 76. s. 76 (9) property attached, whether by sale, gift, or in any other way, and any transfer or payment of the shares or dividends to the judgment debtor or any other person, during the continuance of the attachment, shall be null and void.
408. In any case of attachment of property other than debts, the Court may, at any time during the attachment, direct that any part of the property so attached which consists of money or bank notes, or a ufficient part thereof, shall be paid over to the party applying for ex- ecution of the judgment, and that any part of the property so attached which does not consist of money or bank notes shall, so far as may e necessary for the satisfaction of the judgment, be sold, and that money which may be realized by such sale, or a sufficient part hereof, shall be paid to such party:
the
Payment of money or property at- judgment creditor.
proceeds of
tached to
Ib. B. 76 (11.)
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