1912_CODE_OF_CIVIL_PROCEDURE — Page 108

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1239

lien or charge thereon, and to the rights and powers of prior incumbrancers, be attached to satisfy the claim of the plaintiff.

attached.

464. 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.

H. K. Code, s. 82 (12).

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,

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.

attached. [ib. s. 82 (13).]

456. 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.

[ib. s. 82 (14).]

467. Notice of the issue of the writ shall be inserted twice in the 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.

H. K. Code, s. 82 (15).

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 ... [ib. s. 82 (16).]

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1239 lien or charge thereon, and to the rights and powers of prior incumbrancers, be attached to satisfy the claim of the plaintiff. attached. 464. 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. H. K. Code, s. 82 (12). 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, 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. attached. [ib. s. 82 (13).] 456. 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. [ib. s. 82 (14).] 467. Notice of the issue of the writ shall be inserted twice in the 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. H. K. Code, s. 82 (15). 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 ... [ib. s. 82 (16).]

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1239 lien or charge thereon, and to the rights and powers of prior incum- brancers, be attached to satisfy the claim of the plaintiff. attached. 464. The Court may, at any time before judgment, on such Sale of mov- grounds as it may deem sufficient, order any property, other than able property immovable property or any interest therein, attached under the writ under writ. to be sold in such manner as it may direct and the net proceeds to be paid into Court. H. K. Code, s. 82 (12). 465. Any garnishee who, without the leave or order of the Court, Punishment at any time after the service of the writ and before the writ is dis- of garnishee disposing, solved,- without leave, of (1) knowingly and wilfully parts with the custody or control of property 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, 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. attached. [ib. s. 82 (13).] perty in dan- removed, etc. 456. In any case where it is made to appear to the satisfaction of Seizure of the Registrar, by affidavit or otherwise, that there is reasonable attached pro- cause to believe that any property attached is in danger of being ger of being removed out of the jurisdiction or of being sold or otherwise [ib. s. 82 disposed of, the Registrar may, by an order in writing, direct the (14).] 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. 'issue of writ. 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, of notice of by reason of the defendant having entered an appearance or on any H. K. Code, s. 82 (15). other ground, dispense with the publication of such notice. notice of writ 468. In any case where the place of residence of the defendant Service of out of the jurisdiction is known, the Court may, if it thinks fit, on on defendant. [ib. s. 82 (16).]

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1239

lien or charge thereon, and to the rights and powers of prior incum- brancers, be attached to satisfy the claim of the plaintiff.

attached.

464. The Court may, at any time before judgment, on such Sale of mov- grounds as it may deem sufficient, order any property, other than able property immovable property or any interest therein, attached under the writ under writ. to be sold in such manner as it may direct and the net proceeds to be paid into Court.

H. K. Code, s. 82 (12).

465. Any garnishee who, without the leave or order of the Court, Punishment at any time after the service of the writ and before the writ is dis- of garnishee

disposing, solved,-

without

leave, of (1) knowingly and wilfully parts with the custody or control of property 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,

attached. [ib. s. 82 (13).]

perty in dan-

removed, etc.

456. In any case where it is made to appear to the satisfaction of Seizure of the Registrar, by affidavit or otherwise, that there is reasonable attached pro- cause to believe that any property attached is in danger of being ger of being removed out of the jurisdiction or of being sold or otherwise [ib. s. 82 disposed of, the Registrar may, by an order in writing, direct the (14).] 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.

'issue of writ.

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, of notice of by reason of the defendant having entered an appearance or on any H. K. Code,

s. 82 (15). other ground, dispense with the publication of such notice.

notice of writ

468. In any case where the place of residence of the defendant Service of out of the jurisdiction is known, the Court may, if it thinks fit, on on defendant.

1912_CODE_OF_CIVIL_PROCEDURE — Page 108

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