742
writ on gar- nishee as regards movable property. H. K. Code, s. 82 (11.)
Execution of writ against immovable property. Ib. s. 82 (9.) No. 1 of 1844. Repealed by Drs.
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No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901
property or any interest therein, to which the defendant mentioned in the writ is then beneficially entitled, whether solely or jointly with others, and which is in the custody or under the control of the garnishee, and all debts then due or accruing from the garnishee to the defendant, shall, to the extent of the defendant's interest therein, and subject to Crown debts, and to any bona fide prior title thereto or lien or charge thereon, and to the rights and powers of prior incumbrancers, be attached in the hands of the garnishee to satisfy the claim of the plaintiff.
462.-(1.) Where the defendant is beneficially entitled to immovable property or to any interest therein, a memorial containing a copy of the writ shall be registered in the Land Office under the Land Registration Ordinance, 1844.
(2.) In case the writ is dissolved or the judgment in the action is satisfied, a certificate to that effect, under the hand of the Registrar and the Seal of the Court, may be registered at the Land Office, and thereupon the memorial shall be deemed to have been cancelled.
(3.) The fees payable to the Land Office shall be for the registration of such memorial one dollar and for the filing of such certificate one dollar, and no other fees shall be payable to the Land Office in respect thereof.
Effect of registration of memorial of writ on immovable property. Ib. s. 82 (10.)
Sale of movable property attached under writ. 463. The Court may, at any time before judgment, on such grounds as it may deem sufficient, order any property, other than immovable property or any interest therein, attached under the writ to be sold in such manner as it may direct and the net proceeds to be paid into Court.
Punishment of garnishee disposing, without leave, of property attached. Ib. s. 82 (13).
465. Any garnishee who, without the leave or order of the Court, at any time after the service of the writ and before the writ is dissolved,
(1.) knowingly and wilfully parts with the custody or control of any property attached in his hands; or
(2.) removes the same out of the jurisdiction of the Court; or
(3.) sells or otherwise disposes of the same; or
(4.) pays over any debt due by him to the defendant, excepting only to or to the use of the plaintiff,
742
writ on gar- nishee as regards. movable property. H. K. Code, 8. 82 (11.)
Execution of writ against immovable property.
Ib. s. 82 (9.) No. 1 of 1844.
Repealed by Drs.
A
No. 3.]
THE ORDINANCES OF HONGKONG: [A.D. 1901 property or any interest therein, to which the defendant mentioned the writ is then beneficially entitled, whether solely or jointly with others, and which is in the custody or under the control of the garnishee, and all debts then due or accruing from the garnishee to the de fendant, shall, to the extent of the defendant's interest therein, and subject to Crown debts, and to any bona fide prior title thereto or lien or charge thereon, and to the rights and powers of prior incum brancers, be attached in the hands of the garnishee to satisfy the claim of the plaintiff.
462.-(1.) Where the defendant is beneficially entitled to immov able property or to any interest therein, a memorial containing a copy of the writ shall be registered in the Land Office under the Land Registra tion Ordinance, 1844.
(2.) In case the writ is dissolved or the judgment in the action is satisfied, a certificate to that effect, under the hand of the Registrar and the Seal of the Court, may be registered at the Land Office, and there upon the memorial shall be deemed to have been cancelled.
(3.) The fees payable to the Land Office shall be for the registration 360 g of such memorial one dollar and for the filing of such certificate one dollar, and no other fees-shall be payable to the Land Office in respect thereof
Effect of re- gistration of memorial of writ on im- movable
property.
Ib. 82. (10.)
Sale of mov- able property attached
under writ.
463. From the time of the registration in the Land Office of the memorial of the writ, all immovable property within the jurisdiction, or any interest therein, to which the defendant mentioned in the writ is then beneficially entitled, whether solely or jointly with others, shall, to the extent of his interest therein, and subject to Crown debts, and to any bona fide prior title thereto or lien or charge thereon, and to the rights and powers of prior incumbrancers, be attached to satisfy the claim of the plaintiff.
464. The Court may, at any time before judgment, on such
grounds
as it may deem sufficient, order any property, other than immovable Ib. s. 82 (12.) property or any interest therein, attached under the writ to be sold in such manner as it may direct and the net proceeds to be paid into Court
Punishment
of garnishee disposing, without leave, of property attached.
Ib, s. 82 (13).
465. Any garnishee who, without the leave or order of the Court, at any time after the service of the writ and before the writ is dissolved,
(1.) knowingly and wilfully parts with the custody or control of any
property attached in his hands; or
(2.) removes the same out of the jurisdiction of the Court; or (3.) sells or otherwise disposes of the same; or
(4.) pays over any debt due by him to the defendant, excepting only
to or to the use of the plaintiff,
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