CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1223
Execution of Judgment for Money by Attachment of Property other than Debts.
399. If the judgment is for money, and the amount thereof is to be levied from the property of the judgment debtor, the Court shall cause the property to be attached in the manner hereinafter prescribed.
Levy of execution for money.
H. K. Code, s. 76 (1). form 30.
400.-(1) Where the property consists of movable property in the possession of the judgment debtor, the attachment shall be made by actual seizure, and the bailiff shall keep the same in his custody and shall be responsible for the due custody thereof.
(2) Where the property consists of movable property to which the judgment debtor is entitled subject to a lien or right of some other person to the immediate possession thereof, the attachment shall be made by a written order prohibiting the person in possession from giving over the property to the judgment debtor or to any other person.
Attachment of movable property.
(3).] form 31.
of immovable property. form 32.
401. Where the property consists of immovable property or any interest therein, either at law or in equity, the attachment shall be made by a written order prohibiting the judgment debtor from alienating the property by sale, gift, or in any other way, and all other persons from receiving the same by purchase, gift, or in any other way.
Attachment of immovable property.
[ib. s. 76 (4).]
402. Where the property consists of shares in any public company or corporation, the attachment shall be made by a written order prohibiting the person in whose name the shares are standing from making any transfer of the shares or receiving payment of any dividends thereon, and the manager, secretary, or other proper officer of the company or corporation from permitting any such transfer or making any such payment, until the further order of the Court.
Attachment of shares in public company.
[ib. s. 76 (5).]
403. Where the property consists of a negotiable instrument, the attachment shall be made by actual seizure, and the bailiff shall bring the same into Court, and such instrument shall be held subject to the further order of the Court.
Attachment of negotiable instrument.
[ib. s. 76 (7).]
404. 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 order of attachment shall be served on such public officer.
Attachment of property in custody of public officer.
[ib. s. 76 (6).]
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1223
Execution of Judgment for Money by Attachment
of Property other than Debts.
on
399. If the judgment is for money, and the amount thereof is to Levy of be levied from the property of the judgment debtor, the Court shall execution for cause the property to be attached in the manner hereinafter pre- money.
scribed.
judgment
H. K. Code, s. 76 (1). form 30.
400.-(1) Where the property consists of movable property in Attachment the possession of the judgment debtor, the attachment shall of movable be made by actual seizure, and the bailiff shall keep the same in [ib. s. 76 (2), his custody and shall be responsible for the due custody thereof.
(2) Where the property consist of movable property to which the judgment debtor is entitled subject to a lien or right of some other person to the immediate possession thereof, the attachment shall be made by a written order prohibiting the person in posses- sion from giving over the property to the judgment debtor or to any other person.
property.
(3).]
form 31.
of immovable property.
form 32.
401. Where the property consists of immovable property or any Attachment interest therein, either at law or in equity, the attachment shall be made by a written order prohibiting the judgment debtor from [ib. s. 76 (4).] alienating the property by sale, gift, or in any other way, and all other persons from receiving the same by purchase, gift, or in any other way.
of shares in
402. Where the property consists of shares in any public com- Attachment pany or corporation, the attachment shall be made by a written public com- order prohibiting the person in whose name the shares are standing pany.
[ib. s. 76 (5).] from making any transfer of the shares or receiving payment of any dividends thereon, and the manager, secretary, or other proper officer of the company or corporation from permitting any such. transfer or making any such payment, until the further order of the Court.
403. Where the property consists of a negotiable instrument, the Attachment
of negotiable attachment shall be made by actual seizure, and the bailiff shall instrument. bring the same into Court, and such instrument shall be held [ib. s. 76 (7).] subject to the further order of the Court.
404. Property in the custody or under the control of any public Attachment officer in his official capacity shall be liable to attachment with the consent in writing of the Attorney General, and in such case the order of attachment shall be served on such public officer.
of property in custody of public officer. [ib. s. 76 (6).]
No comments yet.
Private notes are available after approval.