1226
Effect of service of writ on garnishee as regards movable property, s. 82 (11).
No. 3 of 1901. CODE OF CIVIL PROCEDURE.
461. From the time of the service on the garnishee of the writ, all property whatsoever within the jurisdiction, other than immovable property or any interest therein, to which the defendant mentioned in the writ is then beneficially entitled, whether solely or jointly with others, and which is in the custody or under the control of the garnishee, and all debts then due or accruing from the garnishee to the defendant, shall, to the extent of the defendant's interest therein, and subject to Crown debts, and to any bonâ fide prior title thereto or lien or charge thereon, and to the rights and powers of prior incumbrancers, be attached in the hands of the garnishee to satisfy the claim of the plaintiff.
Execution of writ against immovable property. s. 82 (9). Ordinance No. 1 of 1844.
Effect of registration of memorial of writ on immovable property.
462.--(1) Where the defendant is beneficially entitled to immovable property or to any interest therein, a memorial containing a copy of the writ shall be registered in the Land Office under the Land Registration Ordinance, 1844.
(2) In case the writ is dissolved or the judgment in the action is satisfied, a certificate to that effect, under the hand of the Registrar and the seal of the court, may be registered in the Land Office, and thereupon the memorial shall be deemed to have been cancelled.
[(3), rep. No. 36 of 1902.]
463. From the time of the registration in the Land Office of the memorial of the writ, all immovable property within the jurisdiction, or any interest therein, to which the defendant mentioned in the writ is then beneficially entitled, whether solely or jointly with others, shall, to the extent of his interest therein, and subject to Crown debts, and to any bonâ fide prior title thereto or lien or charge thereon, and to the rights and powers of prior incumbrancers, be attached to satisfy the claim of the plaintiff. s. 82 (10).
Sale of movable property attached under writ. H. K. Code, s. 82 (12).
Punishment of garnishee disposing, without leave or order of the court, property attached under the writ.
464. The court may, at any time before judgment, on such grounds as it may deem sufficient, order any property, other than immovable property or any interest therein, attached under the writ to be sold in such manner as it may direct and the net proceeds to be paid into court.
465. Any garnishee who, without the leave or order of the court, at any time after the service of the writ and before the writ is dissolved,
1226
Effect of service of writ on garnishee as regards movable property,
s. 82 (11).
No. 3 of 1901. CODE OF CIVIL PROCEDURE.
461. From the time of the service on the garnishee of the writ, all property whatsoever within the jurisdiction, other than immovable property or any interest therein, to which the defendant mentioned in the writ is then beneficially entitled, whether solely or jointly with others, and which is H. K. Code, in the custody or under the control of the garnishee, and all debts then due or accruing from the garnishee to the defend- ant, shall, to the extent of the defendant's interest therein, and subject to Crown debts, and to any bonâ fide prior title thereto or lien or charge thereon, and to the rights and powers of prior incumbrancers, be attached in the hands of the garnishee to satisfy the claim of the plaintiff.
Exocution of writ against immovable property.
8. 82 (9). Ordinance
No. 1 of 1844.
Effect of registration of memorial
of writ on immovable
property.
462.--(1) Where the defendant is beneficially entitled to immovable property or to any interest therein, a memorial containing a copy of the writ shall be registered in the Land Office under the Land Registration Ordinance, 1844.
(2) In case the writ is dissolved or the judgment in the action is satisfied, a certificate to that effect, under the hand of the Registrar and the seal of the court, may be register- ed in the Land Office, and thereupon the memorial shall be deemed to have been cancelled.
[(3), rep. No. 36 of 1902.]
463. From the time of the registration in the Land Office of the memorial of the writ, all immovable property within the jurisdiction, or any interest therein, to which the defendant mentioned in the writ is then beneficially entitled, H. K. Code, whether solely or jointly with others, shall, to the extent of his interest therein, and subject to Crown debts, and to any bonâ fide prior title thereto or lien or charge thereon, and to the rights and powers of prior incumbrancers, be attached to satisfy the claim of the plaintiff.
s. 82 (10).
Sale of mov-
able property
attached under writ.
H. K. Code, s. 82 (12).
Punishment
464. The court may, at any time before judgment, on such grounds as it may deem sufficient, order any property, other than immovable property or any interest therein, attached under the writ to be sold in such manner as it may direct and the net proceeds to be paid into court.
465. Any garnishee who, without the leave or order of of garnishes the court, at any time after the service of the writ and before
the writ is dissolved,-
disposing,
without
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