A.D. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
731
is
debtor.
Forms Nos.
examination of the judgment debtor, and upon an affidavit by himself to judgment or his solicitor stating that judgment has been recovered, and that it
o. 45 r. 1. is Schedule: still unsatisfied, and to what amount, and that any other person indebted to the judgment debtor and is within the jurisdiction, order 33 and 34. that all debts due or accruing from such third person (hereafter in this Chapter called the garnishee) to the judgment debtor shall be attached to answer the judgment.
(2.) By a subsequent order it may be ordered that the garnishee shall before the Court to show cause why he should not pay to the appear person who has obtained the judgment the debt due or accruing from him to the judgment debtor or so much thereof as may be sufficient to satisfy the judgment.
413. Service of an order that debts due or accruing to a judgment debtor shall be attached, or notice thereof to the garnishee, in such manner as the Court may direct, shall bind such debts in the hands of the garnishee.
414-(1.) On such service or notice, the garnishee may forthwith pay into Court the amount due from him to the judgment debtor or an amount equal to the judgment.
Effect of ser- of attach- ment.
vice of order
Ib. r. 2.
Payment into Court by garnishee. H. K. Code, s. 76 (10.)
execution
(2.) On such payment being made, the Court may make such order as it may think proper for the disposal of the amount paid into Court.
415. If the garnishee does not forthwith pay into Court the amount due from him to the judgment debtor, or an amount equal to the judgment, and does not dispute the debt due or claimed to be due from him to such debtor, or if he does not appear upon summons, the Court may Schedule: order execution to issue, and it may issue accordingly, without any previous writ or process, to levy the amount due from the garnishee or so much thereof as may be sufficient to satisfy the judgment.
416. If the garnishee disputes his liability, the Court, instead of making an order that execution shall issue, may order that any issue or question necessary for determining his liability shall be tried or determined in any manner in which any issue or question in an action may be tried or determined.
417.—(1.) Where, in any proceeding to obtain an attachment of a debt, it is suggested by the garnishee that the debt sought to be attached belongs to some third person or that some third person has a lien or charge upon it, the Court may order such third person to appear, state the nature and particulars of his claim upon such debt.
and
(2.) After hearing the allegations of any third person under such order, and of any other person whom, by the same or any subsequent
0.45 r.-3.
Form No. 35
Trial of liability of garnishee.
question of
Ib. r. 4.
Claim or lien of third person to or on debt, and proceedings thereon. Ib. rr. 5, 6.
Page 80
Page 81
A.D. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
731
is
debtor.
Forms Nos.
examination of the judgment debtor, and upon an affidavit by himself to judgment or his solicitor stating that judgment has been recovered, and that it o. 45 r. 1. is Schedule: still unsatisfied, and to what amount, and that any other person indebted to the judgment debtor and is within the jurisdiction, order 33 and 34. that all debts due or accruing from such third person (hereafter in this Chapter called the garnishee) to the judgment, debtor shall be attached to answer the judgment.
(2.) By a subsequent order it may be ordered that the garnishee shall before the Court to show cause why he should not pay to the appear person who has obtained the judgment the debt due or accruing from him to the judgment debtor or so much thereof as may be sufficient to satisfy the judgment.
413. Service of an order that debts due or accruing to a judgment debtor shall be attached, or notice thereof to the garnishee, in such manner as the Court may direct, shall bind such debts in the hands of the garnishee.
414-(1.) On such service or notice, the garnishee may forthwith pay into Court the amount due from him to the judgment debtor or an amount equal to the judgment.
Effect of ser- of attach- ment.
vice of order
Ib. r. 2.
Payment into Court by garnishee. H. K. Code, s. 76 (10.)
execution
(2.) On such payment being made, the Court may make such order as it may think proper for the disposal of the amount paid into Court.
415. If the garnishee does not forthwith pay into Court the amount Issue of due from him to the judgment debtor, or an amount equal to the judg- against ment, and does not dispute the debt due or claimed to be due from him garnishee. to such debtor, or if he does not appear upon summons, the Court may Schedule: order execution to issue, and it may issue accordingly, without any previous writ or process, to levy the amount due from the garnishee or 60 much thereof as may be sufficient to satisfy the judgment.
416. If the garnishee disputes his liability, the Court, instead of making an order that execution shall issue, may order that any issue or question necessary for determining his liability shall be tried or deter- mined in any manner in which any issue or question in an action may be tried or determined.
417.—(1.) Where, in any proceeding to obtain an attachment of a debt, it is suggested by the garnishee that the debt sought to be attached belongs to some third person or that some third person has a lien or charge upon it, the Court may order such third person to appear. state the nature and particulars of his claim upon such debt.
and
(2.) After hearing the allegations of any third person under such order, and of any other person whom, by the same or any subsequent
0.45 r.-3.
Form No. 35
Trial of liability of garnishes.
question of
Ib. r. 4.
Claim or lien
of third person to or
on debt, and proceedings
thereon. Ib. rr. 5, 6.
Page 80Page 81
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