1224
No. 3 of 1901.
Attachment of property in custodiâ legis.
H. K. Code, s. 76 (6).
Service of prohibitory order.
CODE OF CIVIL PROCEDURE.
405. Property in custodià legis shall be liable to attachment by leave of the Court, and in such case the order of attachment shall be served on the Registrar.
406.-(1) In the case of movable property not in the possession of the judgment debtor, an office copy of the prohibitory order shall [ib. s. 76 (8).] be delivered to or served on the person in possession of the property.
(2) In the case of immovable property or any interest therein, an office copy of the prohibitory order shall be delivered to or served on the defendant, and, if such property or interest is registered in the Land Office, shall be registered in the Land Office No. 1 of 1844. under the Land Registration Ordinance, 1844.
(3) In the case of shares in any public company or corporation, an office copy of the prohibitory order shall be delivered to or served on the manager, secretary, or other proper officer of the company or corporation.
Nullity of alienation, etc., of property after attachment. [ib. s. 76 (9).]
Payment of money or proceeds of property attached to judgment creditor. [ib. s. 76 (11).]
Appointment of manager of property attached. [ib. s. 76 (12).]
407. After an attachment has been made by actual seizure or by prohibitory order as aforesaid, and, in the case of an attachment by prohibitory order, after it has been duly intimated and made known in manner aforesaid, any alienation without leave of the Court of the property attached, whether by sale, gift, or in any other way, and any transfer or payment of the shares or dividends to the judgment debtor or any other person, during the continuance of the attachment, shall be null and void.
408. In any case of attachment of property other than debts, the Court may, at any time during the attachment, direct that any part of the property so attached which consists of money or bank notes, or a sufficient part thereof, shall be paid over to the party applying for execution of the judgment, and that any part of the property so attached which does not consist of money or bank notes shall, so far as may be necessary for the satisfaction of the judgment, be sold, and that the money which may be realized by such sale, or a sufficient part thereof, shall be paid to such party.
409.-(1) Where the property attached consists of immovable property, the Court may appoint a manager of such property, with power to collect the rents or other profits and receipts of such property, and to execute such deeds or other instruments in writing as may be necessary for the purpose, and to pay and apply such rents, profits, and receipts.
1224
No. 3 of 1901.
Attachment
of property
in custodiâ legis.
H. K. Code, s. 76 (6).
Service of prohibitory order.
CODE OF CIVIL PROCEDURE.
405. Property in custodià legis shall be liable to attachment by leave of the Court, and in such case the order of attachment shall be served on the Registrar.
406.-(1) In the case of movable property not in the possession of the judgment debtor, an office copy of the prohibitory order shall [ib. s. 76 (8).] be delivered to or served on the person in possession of the
property.
(2) In the case of immovable property or any interest therein, an office copy of the prohibitory order shall be delivered to or served on the defendant, and, if such property or interest is registered in the Land Office, shall be registered in the Land Office No. 1 of 1844. under the Land Registration Ordinance, 1844.
Nullity of alienation, etc., of pro- perty after attachment. [ib. s. 76 (9).]
Payment of
money or proceeds of property attached to judgment creditor. [ib. s. 76 (11).]
Appointment
of manager
(3) In the case of shares in any public company or corporation, an office copy of the prohibitory order shall be delivered to or served on the manager, secretary, or other proper officer of the company or corporation.
407. After an attachment has been made by actual seizure or by prohibitory order as aforesaid, and, in the case of an attachment by prohibitory order, after it has been duly intimated and made known in manner aforesaid, any alienation without leave of the Court of the property attached, whether by sale, gift, or in any other way, and any transfer or payment of the shares or dividends to the judgment debtor or any other person, during the continu- ance of the attachment, shall be null and void.
408. In any case of attachment of property other than debts, the Court may, at any time during the attachment, direct that any part of the property so attached which consists of money or bank notes, or a sufficient part thereof, shall be paid over to the party applying for execution of the judgment, and that any part of the property so attached which does not consist of money or bank notes shall, SO far as may be necessary for the satisfaction of the judgment, be sold, and that the money which may be realized by such sale, or a sufficient part thereof, shall be paid to such party.
409.-(1) Where the property attached consists of immovable of immovable property, the Court may appoint a manager of such property, with power to collect the rents or other profits and receipts of such property, and to execute such deeds or other instruments in writ- ing as may be necessary for the purpose, and to pay and apply such
property attached. [ib. s. 76 .(12).]
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