CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1211
405. Property in custodiâ legis shall be liable to attachment by leave of the court, and in such case the order of attachment shall be served on the Registrar.
406.-(1) In the case of movable property not in possession of the judgment debtor, an office copy of prohibitory order shall be delivered to or served on the person in possession of the property.
of property in custodia legis. H. K. Code, s. 76 (6).
the Service of the prohibitory order. H. K. Code, s. 76 (8).
(2) In the case of immovable property or any interest therein, an office copy of the prohibitory order shall be delivered to or served on the defendant, and, if such property or interest is registered in the Land Office, shall be registered in the Land Office under the Land Registration Ordinance, Ordinance No. 1 of 1844.
(3) In the case of shares in any public company or corporation, an office copy of the prohibitory order shall be delivered to or served on the manager, secretary, or other proper officer of the company or corporation.
407. After an attachment has been made by actual seizure or by prohibitory order as aforesaid, and, in the case of an attachment by prohibitory order, after it has been duly intimated and made known in manner aforesaid, any alienation without leave of the court of the property attached, whether by sale, gift, or in any other way, and any transfer or payment of the shares or dividends to the judgment debtor or any other person, during the continuance of the attachment, shall be null and void.
of prop-erty after attachment. H. K. Code, s. 76 (9).
408. In any case of attachment of property other than debts, the court may, at any time during the attachment, direct that any part of the property so attached which consists of money or bank notes, or a sufficient part thereof, shall be paid over to the party applying for execution of the judgment, and that any part of the property so attached which does not consist of money or bank notes shall, so far as may be necessary for the satisfaction of the judgment, be sold, and that the money which may be realized by such sale, or a sufficient part thereof, shall be paid to such party.
proceeds of attached to judgment creditor. H. K. Code, s. 76 (11).
409-(1) Where the property attached consists of immovable property, the court may appoint a manager of such property, with power to collect the rents or other profits and receipts of such property, and to execute such deeds or other instruments in writing as may be necessary for the purpose,
of immovable property attached. H. K. Code, s. 76 (12).
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1211
405. Property in custodiâ legis shall be liable to attach- Attachment ment by leave of the court, and in such case the order of attachment shall be served on the Registrar.
406.-(1) In the case of movable property not in possession of the judgment debtor, an office copy of prohibitory order shall be delivered to or served on the son in possession of the property.
of property in custodia legis. H. K. Code, s. 76 (6).
the Service of the prohibitory per- H. K. Code,
order.
s. 76 (8).
(2) In the case of immovable property or any interest therein, an office copy of the prohibitory order shall be deliv- ered to or served on the defendant, and, if such property or interest is registered in the Land Office, shall be registered in the Land Office under the Land Registration Ordinance, Ordinanco 1844.
(3) In the case of shares in any public company or corpora- tion, an office copy of the prohibitory order shall be delivered to or served on the manager, secretary, or other proper officer of the company or corporation.
No. 1 of 1844.
etc.,
H. K. Code,
407. After an attachment has been made by actual seizure Nullity of alienation, or by prohibitory order as aforesaid, and, in the case of an
of prop- attachment by prohibitory order, after it has been duly orty aftor intimated and made known in manner aforesaid, any aliena- attachment. tion without leave of the court of the property attached, s. 76 (9). whether by sale, gift, or in any other way, and any transfer or payment of the shares or dividends to the judgment debtor or any other person, during the continuance of the attachment, shall be null and void.
proceeds of
attached to
408. In any case of attachment of property other than Payment of debts, the court may, at any time during the attachment, money or direct that any part of the property so attached which property consists of money or bank notes, or a sufficient part thereof, judgment shall be paid over to the party applying for execution of the creditor. judgment, and that any part of the property so attached H. K. Code, which does not consist of money or bank notes shall, so far as may be necessary for the satisfaction of the judgment, be sold, and that the money which may be realized by such sale, or a sufficient part thereof, shall be paid to such party.
s. 76 (11).
of immovable
409-(1) Where the property attached consists of im- Appointment movable property, the court may appoint a manager of such of manager property, with power to collect the rents or other profits and property receipts of such property, and to execute such deeds or other attached. instruments in writing as may be necessary for the purpose, s. 76 (12).
H. K. Code,
#
No comments yet.
Private notes are available after approval.