1901_CODE_OF_CIVIL_PROCEDURE — Page 92

AD. 1901.]

CODE OF CIVIL PROCEDURE.

[No. 3.

743

shall pay such damages to the plaintiff as the Court may award, and shall further be deemed guilty of a contempt of Court and shall be liable to be proceeded against and punished accordingly: 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 act done by the garnishee.

466. In any case where it is made to appear to the satisfaction of the Registrar, by affidavit or otherwise, that there is reasonable cause to believe that any property attached is in danger of being removed out of the jurisdiction or of being sold or otherwise disposed of, the Registrar may, by an order in writing, direct the Bailiff to seize such property and detain the same subject to the order of the Court; and the Bailiff shall thereupon seize and detain such property accordingly.

Seizure of attached property in danger of being removed, etc.

8. 82 (14.)

467. Notice of the issue of the writ shall be inserted twice in The Publication Gazette and twice in some local newspaper, unless the Court shall, by reason of the defendant having entered an appearance or on any other ground, dispense with the publication of such notice.

Notice of issue of writ on defendant.

16. s. 82 (16.)

468. In any case where the place of residence of the defendant out of the jurisdiction is known, the Court may, if it thinks fit, on the application of the garnishee or of any friend or agent of the defendant or of its own motion, and on such terms as it may deem reasonable, order that notice of the writ be served on the defendant out of the jurisdiction, and that further proceedings be stayed until the further order of the Court, but without prejudice to the attachment under the writ.

Service of notice of writ.

Filing of claim, and statement of claim.

469. After the issue of the writ, (but subject to the provisions of the last preceding section), the plaintiff may forthwith file his statement of claim, and, upon such day after the return of the writ as the Court may appoint, may proceed to establish his claim as in an ordinary action in which there has been due service of the writ of summons and leave has been obtained to proceed ex parte.

Proceeding at trial of action.

16. s. 82 (17.)

16. s. 82 (18.), (21.)

470.—(1.) On the trial of the action, the Court shall proceed to inquire and determine whether in fact the plaintiff's case is within the provisions of this Chapter and whether the plaintiff has established his claim, and shall pronounce judgment accordingly; and if the plaintiff obtains judgment, the Court may, at the same or any subsequent sitting, examine or permit the plaintiff to examine the garnishee or any other person, and determine what property, movable or immovable, is liable to attachment under the writ.

(2) If the garnishee, either on such examination or by notice in writing, admits that he has in his possession or control any property belonging to or debts due to the defendant, the Court may order the garnishee to deliver up such property or pay such debts to the Registrar or otherwise as the Court may direct.