1901_CODE_OF_CIVIL_PROCEDURE — Page 81

HK Historical Laws 香港歷史法例 All AI Reviewed

732

Effect of pay-ment by or execution on garnishee. O.45 r. 7.

Payment of proceeds of debts at-tached to judgment creditor.

H. K. Code, s. 76 (11.) Appointment of manager of debts at-tached.

Ib. s. 76 (12.)

Keeping of Debt Attach-ment Book.

O. 45 r. 8.

Costs of pro-ceedings for attachment.

Ib. s. 9.

Investiga-tion of claim to attached property, and order thereon.

No. 3.]

THE ORDINANCES OF HONGKONG: [A.D. 1901

order, the Court may order to appear, or in case of such third person not appearing when ordered, the Court may order execution to issue to levy the amount due from the garnishee or so much thereof as may be sufficient to satisfy the judgment, or any issue or question to be tried or determined according to the last preceding section, and may bar the claim of such third person or make such other order as the Court may think fit, on such terms, in all cases, with respect to the lien or charge, if any, of such third person, and to costs, as the Court may think just

418. Payment made by or execution levied upon the garnishee under any such proceeding as aforesaid shall be a valid discharge to him as against the judgment debtor as to the amount paid or levied, although such proceeding may be set aside or the judgment reversed.

419. In any case of attachment of debts the Court may direct that the debts so attached shall, so far as may be necessary to satisfy the judgment, be sold, and that the money which may be realized by such sale, or a sufficient part thereof, shall be paid to the judgment creditor.

420-(1.) In any case of attachment of debts the Court may appoint a manager of such debts, with power to sue for such debts and to execute such deeds or other instruments in writing as may be necessary for the purpose, and to pay and apply the proceeds of such debts towards the payment of the amount of the judgment and costs.

(2.) In any case in which a manager is appointed under this section, such manager shall be bound to render from time to time due and proper accounts of his receipts and disbursements, as the Court may direct.

421. There shall be kept by the Registrar a Debt Attachment Book, and in such book entries shall be made of the attachment and proceedings thereon, with names, dates, and statements of the amount recovered, and otherwise; and copies of any entries made therein may be taken by any person, on application to the Registrar and on payment of the prescribed fee.

422. The costs of any application for an attachment of debts, and of any proceedings arising from or incidental to such application, shall be in the discretion of the Court.

Claim to Attached Property.

423.-(1.) In the event of any claim being preferred to, or objection offered against the sale of, any movable or immovable property which has been attached in execution of a judgment or under any order for attachment made before judgment, as not liable to be sold in execution

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732 Effect of pay-ment by or execution on garnishee. O.45 r. 7. Payment of proceeds of debts at-tached to judgment creditor. H. K. Code, s. 76 (11.) Appointment of manager of debts at-tached. Ib. s. 76 (12.) Keeping of Debt Attach-ment Book. O. 45 r. 8. Costs of pro-ceedings for attachment. Ib. s. 9. Investiga-tion of claim to attached property, and order thereon. No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901 order, the Court may order to appear, or in case of such third person not appearing when ordered, the Court may order execution to issue to levy the amount due from the garnishee or so much thereof as may be sufficient to satisfy the judgment, or any issue or question to be tried or determined according to the last preceding section, and may bar the claim of such third person or make such other order as the Court may think fit, on such terms, in all cases, with respect to the lien or charge, if any, of such third person, and to costs, as the Court may think just 418. Payment made by or execution levied upon the garnishee under any such proceeding as aforesaid shall be a valid discharge to him as against the judgment debtor as to the amount paid or levied, although such proceeding may be set aside or the judgment reversed. 419. In any case of attachment of debts the Court may direct that the debts so attached shall, so far as may be necessary to satisfy the judgment, be sold, and that the money which may be realized by such sale, or a sufficient part thereof, shall be paid to the judgment creditor. 420-(1.) In any case of attachment of debts the Court may appoint a manager of such debts, with power to sue for such debts and to execute such deeds or other instruments in writing as may be necessary for the purpose, and to pay and apply the proceeds of such debts towards the payment of the amount of the judgment and costs. (2.) In any case in which a manager is appointed under this section, such manager shall be bound to render from time to time due and proper accounts of his receipts and disbursements, as the Court may direct. 421. There shall be kept by the Registrar a Debt Attachment Book, and in such book entries shall be made of the attachment and proceedings thereon, with names, dates, and statements of the amount recovered, and otherwise; and copies of any entries made therein may be taken by any person, on application to the Registrar and on payment of the prescribed fee. 422. The costs of any application for an attachment of debts, and of any proceedings arising from or incidental to such application, shall be in the discretion of the Court. Claim to Attached Property. 423.-(1.) In the event of any claim being preferred to, or objection offered against the sale of, any movable or immovable property which has been attached in execution of a judgment or under any order for attachment made before judgment, as not liable to be sold in execution
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732 Effect of pay- ment by or execution on garnishee. 0.45 r. 7. Payment of proceeds of debts at- tached to judgment creditor. H. K. Code, 9. 76 (11.) Appointment of manager of debts at- tached. Ib. s. 76 (12.) Keeping of Debt Attach- ment Book. 0. 45 r. 8. Costs of pro- ceedings for attachment. Ib. x. 9. Investiga tion of claim to attached property, and order thereon. No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901 order, the Court may order to appear, or in case of such third person not appearing when ordered, the Court may order execution to issue to levy the amount due from the garnishee or so much thereof as may be sufficient to satisfy the judgment, or any issue or question to be tried o determined according to the last preceding section, and may bar the claim of such third person or make such other order as the Court max think fit, on such terms, in all cases, with respect to the lien or charge, if any, of such third person, and to costs, as the Court may think just 418. Payment made by or execution levied upon the garnishee under any such proceeding as aforesaid shall be a valid discharge to him as against the judgment debtor as to the amount paid or levied, although such proceeding may be set aside or the judgment reversed. 419. In any case of attachment of debts the Court may direct that the debts so attached shall, so far as may be necessary to satisfy the judgment, be sold, and that the money which may be realized by such sale, or a sufficient part thereof, shall be paid to the judgment creditor. 420-(1.) In any case of attachment of debts the Court may appoint a manager of such debts, with power to sue for such debts and to execute such deeds or other instruments in writing as may be necessary for the purpose, and to pay and apply the proceeds of such debts towards the payment of the amount of the judgment and costs. (2.) In any case in which a manager is appointed under this section, such manager shall be bound to render from time to time due and proper accounts of his receipts and disbursements, as the Court may direct. 421. There shall be kept by the Registrar a Debt Attachment Book, and in such book entries shall be made of the attachment and proceedings thereon, with names, dates, and statements of the amount recovered, and otherwise; and copies of any entries made therein may be taken by any person, on application to the Registrar and on payment of the prescribed fee. 422. The costs of any application for an attachment of debts, and of any proceedings arising from or incidental to such application, shall be in the discretion of the Court. Claim to Attached Property. 423.-(1.) In the event of any claim being preferred to, or objection offered against the sale of, any movable or immovable property which has been attached in execution of a judgment or under any order for attachment made before judgment, as not liable to be sold in execution
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732

Effect of pay- ment by or execution on garnishee. 0.45 r. 7.

Payment of proceeds of debts at- tached to judgment creditor.

H. K. Code, 9. 76 (11.) Appointment of manager of debts at- tached.

Ib. s. 76 (12.)

Keeping of Debt Attach- ment Book.

0. 45 r. 8.

Costs of pro- ceedings for attachment.

Ib. x. 9.

Investiga tion of claim to attached property,

and order thereon.

No. 3.]

THE ORDINANCES OF HONGKONG: [A.D. 1901 order, the Court may order to appear, or in case of such third person not appearing when ordered, the Court may order execution to issue to levy the amount due from the garnishee or so much thereof as may be sufficient to satisfy the judgment, or any issue or question to be tried o determined according to the last preceding section, and may bar the claim of such third person or make such other order as the Court max think fit, on such terms, in all cases, with respect to the lien or charge, if any, of such third person, and to costs, as the Court may think just

418. Payment made by or execution levied upon the garnishee under any such proceeding as aforesaid shall be a valid discharge to him as against the judgment debtor as to the amount paid or levied, although such proceeding may be set aside or the judgment reversed.

419. In any case of attachment of debts the Court may direct that the debts so attached shall, so far as may be necessary to satisfy the judgment, be sold, and that the money which may be realized by such sale, or a sufficient part thereof, shall be paid to the judgment creditor. 420-(1.) In any case of attachment of debts the Court may appoint a manager of such debts, with power to sue for such debts and to execute such deeds or other instruments in writing as may be necessary for the purpose, and to pay and apply the proceeds of such debts towards the payment of the amount of the judgment and costs.

(2.) In any case in which a manager is appointed under this section, such manager shall be bound to render from time to time due and proper accounts of his receipts and disbursements, as the Court may direct.

421. There shall be kept by the Registrar a Debt Attachment Book, and in such book entries shall be made of the attachment and proceedings thereon, with names, dates, and statements of the amount recovered, and otherwise; and copies of any entries made therein may be taken by any person, on application to the Registrar and on payment of the prescribed fee.

422. The costs of any application for an attachment of debts, and of any proceedings arising from or incidental to such application, shall be in the discretion of the Court.

Claim to Attached Property.

423.-(1.) In the event of any claim being preferred to, or objection offered against the sale of, any movable or immovable property which has been attached in execution of a judgment or under any order for attachment made before judgment, as not liable to be sold in execution

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