CODE OF CIVIL PROCEDURE.
No. 3 of 1901. 1215
0.45, r. 8..
421. There shall be kept by the Registrar a Debt Attachment Book, and in such book entries shall be made of the attachment and proceedings thereon, with names, dates, and statements of the amount recovered, and otherwise; and copies of any entries made therein may be taken by any person, on application to the Registrar and on payment of the prescribed fee.
422. The costs of any application for an attachment of debts, and of any proceedings arising from or incidental to such application shall be in the discretion of the court.
Claim to attached property.
attachment. 0. 45, r. 9.
to attached
thereon.
423.-(1) In the event of any claim being preferred to, or objection offered against the sale of, any movable or immovable property which has been attached in execution of a judgment or under any order for attachment made before judgment, the court shall, subject to the proviso hereinafter contained, proceed to investigate the same, with the like powers as if the claimant had been originally made a defendant to the action.
(2) If on the investigation it appears to the court that the property was not in the possession of the judgment debtor or of some person in trust for him, or in the occupancy of some person paying rent to him, at the time when the property was attached, or that, being in the possession of the judgment debtor at such time, it was so in his possession not on his own account or as his own property, but on account of or in trust for some other person, the court shall make an order for releasing the property from attachment.
(3) If on the investigation it appears to the court that the property was in the possession of the judgment debtor on his own account or as his own property and not on account of or in trust for any other person, or was in the possession of some person in trust for him, or in the occupancy of some person paying rent to him, at the time when the property was attached, the court shall disallow the claim. The party against whom such order of disallowance is made shall be at liberty to bring an action to establish his right at any time within three months from the date of the order.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901. 1215
0.45, r. 8..
421. There shall be kept by the Registrar a Debt Attach- Debt Attach- ment Book, and in such book entries shall be made of the ment Book. attachment and proceedings thereon, with names, dates, and statements of the amount recovered, and otherwise; and copies of any entries made therein may be taken by any person, on application to the Registrar and on payment of the prescribed fee.
422. The costs of any application for an attachment of Costs of pro- debts, and of any proceedings arising from or incidental to ceedings for such application shall be in the discretion of the court.
Claim to attached property.
attachment. 0. 45, r. 9.
to attached
thereon.
423.-(1) In the event of any claim being preferred to, Investigation or objection offered against the sale of, any movable or im- of claim movable property which has been attached in execution of a property, judgment or under any order for attachment made before and order judgment, as not liable to be sold in execution of the judg- H. K. Code, ment, the court shall, subject to the proviso hereinafter s. 77. contained, proceed to investigate the same, with the like powers as if the claimant had been originally made a defendant to the action.
(2) If on the investigation it appears to the court that the property was not in the possession of the judgment debtor or of some person in trust for him, or in the occupancy of some person paying rent to him, at the time when the prop- erty was attached, or that, being in the possession of the judgment debtor at such time, it was so in his possession not on his own account or as his own property, but on account of or in trust for some other person, the court shall make an order for releasing the property from attachment.
(3) If on the investigation it appears to the court that the property was in the possession of the judgment debtor on his own account or as his own property and not on account of or in trust for any other person, or was in the possession of some person in trust for him, or in the occupancy of some person paying rent to him, at the time when the property was attached, the court shall disallow the claim. The party against whom such order of disallowance is made shall be at liberty to bring an action to establish his right at any time within three months from the date of the order.
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