CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1229
(5) If the plaintiff fails to obtain judgment, the court shall thereupon dissolve the writ.
of adverse
on board.
471. Where there are two or more claimants to any goods laden on board of any ship, and the ship is attached in an action against the shipowner for the non-delivery of the goods, the court may stay the proceedings on such terms as the court may think proper, and order the goods to be landed and warehoused in custodiâ legis, without prejudice to the master's lien thereon, and may dissolve the attachment against the ship and make such orders as may be necessary for the determination of the rights of the claimants, on such terms as to security and other matters as may seem just.
H. K. Code, s. 82 (22).
472. Where there are two or more claimants to any property attached under a writ, or to any interest therein, the court may, in its discretion, summon before it all the claimants, and may make such orders for the ascertaining of their respective rights and for the custody of the property in the meanwhile as it may think fit, either under this Chapter or under the provisions of this Code relating to claims to attached property or to interpleader proceedings.
H. K. Code, s. 82 (23).
473. The court may stay proceedings in any action commenced against a garnishee under the provisions of this Chapter in respect of property attached in his hands, on such terms as may seem just.
H. K. Code, s. 82 (24).
474. The court, at any time before judgment, on being satisfied by affidavit or otherwise, that the defendant has substantial ground of defence, either wholly or in part, to the action on the merits, may give leave to the defendant to defend the action, without prejudice to the attachment under the writ.
H. K. Code, s. 82 (25).
475. The defendant may, at any time before any property attached in the action has been sold in satisfaction of the plaintiff's claim, apply to the court, upon notice of motion, for an order to dissolve the writ as to the whole or any part of the property attached, on security being given to answer the plaintiff's claim, and the court may make such order, either absolutely or on such terms as may seem just, and in the meanwhile may stay or postpone any sale.
H. K. Code, s. 82 (26).
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1229
(5) If the plaintiff fails to obtain judgment, the court shall thereupon dissolve the writ.
of adverse
on board.
471. Where there are two or more claimants to any Attachment goods laden on board of any ship, and the ship is attached of ship in case in an action against the shipowner for the non-delivery of claims to the goods, the court may stay the proceedings on such terms goods laden as the court may think proper, and order the goods to be H. K. Code, landed and warehoused in custodiâ legis, without prejudice s. 82 (22). to the master's lien thereon, and may dissolve the attach- ment against the ship and make such orders as may be necessary for the determination of the rights of the claimants, on such terms as to security and other matters as may seem just.
claims to
attached. K.
472. Where there are two or more claimants to any Procedure property attached under a writ, or to any interest therein, where several the court may, in its discretion, summon before it all the property claimants, and may make such orders for the ascertaining H. Code, of their respective rights and for the custody of the property s. 82 (23). in the meanwhile as it may think fit, either under this Chapter or under the provisions of this Code relating to claims to attached property or to interpleader proceedings.
-
against
473. The court may stay proceedings in any action Staying commenced against a garnishee under the provisions of this proceedings Chapter in respect of property attached in his hands, on garnishee. such terins as may seem just.
a
H. K. Code, s. 82 (24).
to defend
474. The court, at any time before judgment, on being Giving leave satisfied by affidavit or otherwise, that the defendant has to defendant substantial ground of defence, either wholly or in part, to action. the action on the merits, may give leave to the defendant to s. 82 (25). defend the action, without prejudice to the attachment under the writ.
to dissolve
H. K. Code,
s.
475. The defendant may, at any time before any property Application attached in the action has been sold in satisfaction of the by defendant plaintiff's claim, apply to the court, upon notice of motion, attachment. for an order to dissolve the writ as to the whole or any part 4, 82 (26). of the property attached, on security being given to answer the plaintiff's claim, and the court may make such order, either absolutely or on such terms as may seem just, and in the meanwhile may stay or postpone any sale.
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