CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
809
Form No. 38.
(2) The writ shall be called a writ of foreign attachment and shall be made returnable not less than fourteen days after the date thereof except by special leave of the court.
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.
Meaning of absence from the Colony.
H.K. Code, s. 82 (3).
H.K. Code, s. 82 (4), (5).
Form of writ.
455.-(1) Before the writ issues, 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, at any time within the period hereinafter limited in that behalf, causes 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.
(2) The bond shall be in such form and given to such person as the court may from time to time or in any particular case approve and direct, and shall be entered into before the Registrar and deposited in the Registry.
Bond by plaintiff before execution of writ.
H.K. Code, s. 82 (5).
456.-(1) If in any case it is made to appear to the satisfaction of the court, by affidavit or otherwise, that in the circumstances it is expedient that the writ should issue forthwith and before the bond has been entered into, the court may order the writ to issue accordingly, on such terms as it may think fit, and by the same order shall limit the time, not exceeding seven days from the date of the issue of the writ, within which the bond must be entered into and deposited as aforesaid.
(2) If default is made in complying with the requirements of the order within the time thereby limited, the court may dissolve the writ and thereupon may award damages and costs to the defendant in the manner hereinbefore provided in the case of bond.
**
As amended by Law Rev. Ord., 1939.
Page 115
Page 116
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
809
Form No. 38.
(2) The writ shall be called a writ of foreign attachment Schedule. and shall be made returnable not less than fourteen days after the date thereof except by special leave of the court.
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.
Meaning of absence Colony.
from the
H.K. Code, s. 82 (3).
before issue
H.K. Code, s. 82 (4), (5).
Form
455.-(1) Before the writ issues, the plaintiff or some Bond by person on his behalf shall enter into a bond, with one or more plaintiff sufficient sureties to be approved by the Registrar, in a penal of writ.
less sum sum equal to twice the amount of the claim or in any by special leave of the court, the condition of which said bond shall be that, in case the defendant, at any time within the Schedule. period hereinafter limited in that behalf, causes the writ to be No. 39. 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.
(2) The bond shall be in such form and given to such person as the court may from time to time or in any particular case approve and direct, and shall be entered into before the Registrar and deposited in the Registry.
of writ
before execution H.K. Code,
of bond.
456.-(1) If in any case it is made to appear to the satis- Court may faction of the court, by affidavit or otherwise, that in the circum- order issue stances it is expedient that the writ should issue forthwith and before the bond has been entered into, the court may order the writ to issue accordingly, on such terms as it may think fit, and by the same order shall limit the time, not exceeding seven days from the date of the issue of the writ, within which the bond must be entered into and deposited as aforesaid.
(2) If default is made in complying with the requirements of the order within the time thereby limited, the court may dissolve the writ and thereupon may award damages and costs to the defendant in the manner hereinbefore provided in the case
**
As amended by Law Rev. Ord., 1939.
s. 82 (5).
Page 115Page 116
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