A.D. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
741
order and award on account of or in relation to the action and the attachment, or either of them: Provided that the Court shall not award a larger amount of damages than it is competent to award in an action for damages, and such award shall bar any action for damages in respect of the action and attachment.
(2.) The bond shall be in such form and given to such person as the Court may, from time to time or in any particular case, approve and direct, and shall be entered into before the Registrar and deposited in the Registry.
456.—(1.) If in any case it is made to appear to the satisfaction of the Court, by affidavit or otherwise, that under the circumstances it is expedient that the writ should issue forthwith and before the bond has been entered into, the Court may order the writ to issue accordingly, on such terms as it may think fit, and by the same order shall limit the time, not exceeding seven days from the date of the issue of the writ, within which the bond must be entered into and deposited as aforesaid.
(2.) If default is made in complying with the requirements of the order within the time thereby limited, the Court may dissolve the writ, and thereupon may award damages and costs to the defendant in the manner hereinbefore provided in the case of a writ being set aside or a judgment in the action being reversed or varied.
Power to the Court to writ before order issue of execution of bond.
H. K. Code, s. 82 (5.)
457. Every writ against movable property shall be executed by the Bailiff.
458.—(1.) Where two or more writs issue at the suit of different plaintiffs, they shall take priority respectively according to the date and time at which they reach the hands of the Bailiff for execution.
Execution of writ against movable property.
Priority of writs.
Ib, s. 82 (7.).
(2.) No such writ shall take priority over a writ of execution in an action pending at the date of such writ of foreign attachment.
(3.) The Bailiff shall indorse on every such writ the date and time of the same coming to his hands for execution.
459. 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 writ shall be served on such public officer.
460. Property in custodiâ legis shall be liable to attachment by leave of the Court, and in such case the writ shall be served on the Registrar.
Attachment of property in custody of public officer.
Ib. s. 82 (8.)
Attachment of property in custodiâ legis.
Ib.
Effect of
461. From the time of the service on the garnishee of the writ, all property whatsoever within the jurisdiction, other than immovable service of
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Page 91
A.D. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
741
order and award on account of or in relation to the action and the attachment, or either of them: Provided that the Court shall not award a larger amount of damages than it is competent to award in an action for damages, and such award shall bar any action for damages in respect of the action and attachment.
(2.) The bond shall be in such form and given to such person as the Court may, from time to time or in any particular case, approve and direct, and shall be entered into before the Registrar and deposited in the Registry.
456.—(1.) If in any case it is made to appear to the satisfaction of the Court, by affidavit or otherwise, that under the circumstances it is expedient that the writ should issue forthwith and before the bond has been entered into, the Court may order the writ to issue accordingly, on such terms as it may think fit, and by the same order shall limit the time, not exceeding seven days from the date of the issue of the writ, within which the bond must be entered into and deposited as afore- said.
(2.) If default is made in complying with the requirements of the order within the time thereby limited, the Court may dissolve the writ, and thereupon may award damages and costs to the defendant in the manner herein before provided in the case of a writ being set aside or a judgment in the action being reversed or varied.
Power to the Court to writ before
order issue of
execution of
bond.
H. K. Code, s. 82 (5.)
457. Every writ against movable property shall be executed by the Execution of Bailiff
458.-(1.) Where two or more writs issue at the suit of different plaintiffs, they shall take priority respectively according to the date and time at which they reach the hands of the Bailiff for execution.
writ against movable property. 7. 8. 82 (6.) Priority of
write. Ib, s. 82 (7.).
(2.) No such writ shall take priority over a writ of execution in an New. action pending at the date of such writ of foreign attachment.
(3.) The Bailiff shall indorse on every such writ the date and time of the same coming to his hands for execution.
459. 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 writ shall be served on such public officer.
460. Property in custodiâ legis shall be liable to attachment by leave of the Court, and in such case the writ shall be served on the Registrar.
Attachment
of property in custody of public officer. Ib. s. 82 (8.)
Attachment of property
in custodid legis.
Ib.
Effect of
461. From the time of the service on the garnishee of the writ, all property whatsoever within the jurisdiction, other than immovable service of
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