CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1237
64
absence
454. Absence from the Colony shall, for the purpose of proceedings by foreign attachment, be taken to be absence for the time being, from the Colony, whether the defendant has ever been within the Colony or not.
H. K. Code, s. 82 (3).
455.—(1) Before the writ shall issue the plaintiff or some person on his behalf shall enter into a bond, with one or more sufficient sureties to be approved by the Registrar, in a penal sum equal to twice the amount of the claim or in any less sum by special leave of the Court, the condition of which said bond shall be that in case the defendant shall, at any time within the period hereinafter limited in that behalf, cause the writ to be set aside, or any judgment which may be given in the action to be reversed or varied, the plaintiff will pay to the defendant all such sums of money, damages, costs, and charges as the Court may 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 execution of 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 7 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.
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.
[ib. s. 82 (6).]
Priority of writs. [ib. s. 82 (7).]
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1237
64
absence
454. Absence from the Colony shall, for the purpose of proceedings Meaning of by foreign attachment, be taken to be absence for the time being, from the whether the defendant has ever been within the Colony or not.
"1
Colony. H. K. Code, s. 82 (3).
before issue
455.—(1) Before the writ shall issue the plaintiff or some person Bond by on his behalf shall enter into a bond, with one or more sufficient plaintiff sureties to be approved by the Registrar, in a penal sum equal to of writ. twice the amount of the claim or in any less sum by special leave of lib. s. 82 (4),
(5).] the Court, the condition of which said bond shall be that in case the form 39. defendant shall, at any time within the period hereinafter limited in that behalf, cause the writ to be set aside, or any judgment which may be given in the action to be reversed or varied, the plain- tiff will pay to the defendant all such sums of money, damages, costs, and charges as the Court may 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 de- posited in the Registry.
writ before
bond.
456.—(1) If in any case it is made to appear to the satisfaction Court may of the Court, by affidavit or otherwise, that under the circumstances order issue of it is expedient that the writ should issue forthwith and before the execution of bond has been entered into, the Court may order the writ to issue [ib. s. 82 (5).] accordingly, on such terms as it may think fit, and by the same order shall limit the time, not exceeding 7 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.
457. Every writ against movable property shall be executed by Movable 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.
property. [ib. s. 82 (6).] · Priority of [ib. s. 82 (7).]
writs.
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