1923_CODE_OF_CIVIL_PROCEDURE — Page 111

1224

No. 3 of 1901.

Issue of writ of foreign attachment. H. K. Code, s. 82 (2).

Schedule.

CODE OF CIVIL PROCEDURE.

453-(1) On the filing in court by the plaintiff in any such action of an affidavit to the following effect:-

(a) that the cause of action arose within the jurisdiction; (b) that the plaintiff has taken out a writ of summons against the defendant, but that the defendant is absent from the Colony or that there is probable cause to believe that the defendant is concealing himself to evade proceedings; and

(c) that the defendant is beneficially entitled to movable property within the jurisdiction in the custody or under the control of any other person within the jurisdiction, or that such other person (hereafter in this Chapter called the garnishee) is indebted to the defendant, or that the defendant is beneficially entitled to immovable property, or to any interest therein, within the jurisdiction;

and on the giving of the bond hereinafter mentioned, the Registrar may issue a writ of general attachment against all the property, movable and immovable, of the defendant within the jurisdiction.

(2) The writ shall be called a writ of foreign attachment, Form No. 38, and shall be made returnable not less than fourteen days after the date thereof, except by special leave of the court.

Meaning of absence from the Colony.

H. K. Code, s. 82 (3).

Bond by plaintiff before issue of writ.

H. K. Code, s. 82 (4), (5). Schedule. Form No. 39.

454. Absence from the Colony shall, for the purpose of proceedings by foreign attachment, be taken to be absence for the time being, whether the defendant has ever been within the Colony or not.

455.-(1) Before the writ shall issue, the plaintiff or some person on his behalf shall enter into a bond, with one or more sufficient sureties to be approved by the Registrar, in a penal sum equal to twice the amount of the claim or in any less sum by special leave of the court, the condition of which said bond shall be that in case the defendant shall, at any time within the period hereinafter limited in that behalf, cause the writ to be set aside, or any judgment which may be given in the action to be reversed or varied, the plaintiff will pay to the defendant all such sums of money, damages, costs, and charges as the court may order and award on account of or in relation to the action and the attachment, or either of them: 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 action and attachment.