CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1213
Schedule.
and upon an affidavit by himself or his solicitor stating that judgment has been recovered, and that it is still unsatisfied, and to what amount, and that any other person is indebted to the judgment debtor and is within the jurisdiction, order that all debts due or accruing from such third person (hereafter in this Chapter called the garnishee) to the judgment debtor shall be attached to answer the judgment.
(2) By a subsequent order it may be ordered that the garnishee shall appear before the court to show cause why he should not pay to the person who has obtained the judgment the debt due or accruing from him to the judgment debtor or so much thereof as may be sufficient to satisfy the judgment.
413. Service of an order that debts due or accruing to a judgment debtor shall be attached, or notice thereof to the garnishee, in such manner as the court may direct, shall bind such debts in the hands of the garnishee.
O. 45, r. 2.
414. (1) On such service or notice, the garnishee may forthwith pay into court the amount due from him to the judgment debtor or an amount equal to the judgment.
(2) On such payment being made, the court may make such order as it may think proper for the disposal of the amount paid into court.
O. 45, r. 3.
415. If the garnishee does not forthwith pay into court the amount due from him to the judgment debtor, or an amount equal to the judgment, and does not dispute the debt due or claimed to be due from him to such debtor, or if he does not appear upon summons, the court may order execution to issue, and it may issue accordingly, without any previous writ or process, to levy the amount due from the garnishee or so much thereof as may be sufficient to satisfy the judgment.
416. If the garnishee disputes his liability, the court, instead of making an order that execution shall issue, may order that any issue or question necessary for determining his liability shall be tried or determined in any manner in which any issue or question in an action may be tried or determined.
O. 45, r. 4.
Page 100
Page 101
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1213
Schedule.
and upon an affidavit by himself or his solicitor stating that debtor. judgment has been recovered, and that it is still unsatisfied, 9451. and to what amount, and that any other person is indebted Forms Nos. to the judgment debtor and is within the jurisdiction, order *, 34. that all debts due or accruing from such third person (hereafter in this Chapter called the garnishee) to the judgment debtor shall be attached to answer the judgment.
(2) By a subsequent order it may be ordered that the garnishee shall appear before the court to show cause why he should, not pay to the person who has obtained the judgment the debt due or accruing from him to the judgment debtor or so much thereof as may be sufficient to satisfy the judgment,
order of
413. Service of an order that debts due or accruing to a Effect of judgment debtor shall be attached, or notice thereof to the service of garnishee, in such manner as the court may direct, shall attachment. bind such debts in the hands of the garnishee.
O. 45, r. 2.
414. (1). On such service or notice, the garnishee may Payment forthwith pay
into court the amount due from him to the judgment debtor or an amount equal to the judgment.
(2). On such payment being made, the court may make such order as it may think proper for the disposal of the amount paid into court.
into court by garnishee. H. K. Code, s. 76 (10).
execution
0. 45, r. 3.
415. If the garnishee does not forthwith pay into court Issue of the amount due from him to the judgment debtor, or an against amount equal to the judgment, and does not dispute the garnishee. debt due or claimed to be due from him to such debtor, or Schedule. if he does not appear upon summons, the court may order Form No. 35. execution to issue, and it may issue accordingly, without any previous writ or process, to levy the amount due from the garnishee or so much thereof as may be sufficient to satisfy the judgment.
·
416. If the garnishee disputes his liability, the court, Trial of
question of instead of making an order that execution shall issue, may
liability of order that any issue or question necessary for determining garnishee. his liability shall be tried or determined in any manner in 0.45, r. 4. which any issue or question in an action may be tried or determined.
Page 100Page 101
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