1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 117

HK Historical Laws 香港歷史法例 All AI Reviewed

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

811

taining a copy of the writ shall be registered in the Land Office immovable 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.

property. H.K. Code, s. 82 (9). Ordinance No. 1 of 1844.

of memorial

463. From the time of the registration in the Land Office of Effect of the memorial of the writ all immovable property within the registration 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.

movable property attached

464. The court may at any time before judgment, on such Sale of 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-

(1) knowingly and wilfully parts with the custody or control of any property attached in his hands; or

(2) removes the same out of the jurisdiction of the court;

(3) sells or otherwise disposes of the same; or

(4) pays over any debt due by him to the defendant, excepting only to or to the use of the plaintiff,

shall pay such damages to the plaintiff as the court may award and shall further be deemed guilty of a contempt of court and shall be liable to be proceeded against and punished accordingly: Provided that the court shall not award a larger amount of

under writ. H.K. Code, s. 82 (12).

Punishment of garnishee disposing, without leave, of property attached. H.K. Code, s. 82 (13).

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 811 taining a copy of the writ shall be registered in the Land Office immovable 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. property. H.K. Code, s. 82 (9). Ordinance No. 1 of 1844. of memorial 463. From the time of the registration in the Land Office of Effect of the memorial of the writ all immovable property within the registration 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. movable property attached 464. The court may at any time before judgment, on such Sale of 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- (1) knowingly and wilfully parts with the custody or control of any property attached in his hands; or (2) removes the same out of the jurisdiction of the court; (3) sells or otherwise disposes of the same; or (4) pays over any debt due by him to the defendant, excepting only to or to the use of the plaintiff, shall pay such damages to the plaintiff as the court may award and shall further be deemed guilty of a contempt of court and shall be liable to be proceeded against and punished accordingly: Provided that the court shall not award a larger amount of under writ. H.K. Code, s. 82 (12). Punishment of garnishee disposing, without leave, of property attached. H.K. Code, s. 82 (13).
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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 811 taining a copy of the writ shall be registered in the Land Office immovable 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. property. H.K. Code, s. 82 (9). Ordinance No. 1 of 1844. of memorial 463. From the time of the registration in the Land Office of Effect of the memorial of the writ all immovable property within the registration jurisdiction, or any interest therein, to which the defendant of writ on mentioned in the writ is then beneficially entitled, whether solely immovable property. or jointly with others, shall, to the extent of his interest therein H.K. Code, and subject to Crown debts and to any bonâ fide prior title s. 82 (10). thereto or lien or charge thereon and to the rights and powers. of prior incumbrancers, be attached to satisfy the claim of the plaintiff. movable property attached 464. The court may at any time before judgment, on such Sale of 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- (1) knowingly and wilfully parts with the custody or con- trol of any property attached in his hands; or or (2) removes the same out of the jurisdiction of the court; (3) sells or otherwise disposes of the same; or (4) pays over any debt due by him to the defendant, except- ing only to or to the use of the plaintiff, shall pay such damages to the plaintiff as the court may award and shall further be deemed guilty of a contempt of court and shall be liable to be proceeded against and punished accordingly: Provided that the court shall not award a larger amount of under writ. H.K. Code, s. 82 (12). Punishment of garnishee disposing, without leave, of property attached. H.K. Code, s. 82 (13).
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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

811

taining a copy of the writ shall be registered in the Land Office immovable 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.

property. H.K. Code, s. 82 (9). Ordinance No. 1 of

1844.

of memorial

463. From the time of the registration in the Land Office of Effect of the memorial of the writ all immovable property within the registration jurisdiction, or any interest therein, to which the defendant of writ on mentioned in the writ is then beneficially entitled, whether solely immovable

property. or jointly with others, shall, to the extent of his interest therein H.K. Code, and subject to Crown debts and to any bonâ fide prior title s. 82 (10). thereto or lien or charge thereon and to the rights and powers. of prior incumbrancers, be attached to satisfy the claim of the plaintiff.

movable property attached

464. The court may at any time before judgment, on such Sale of 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-

(1) knowingly and wilfully parts with the custody or con- trol of any property attached in his hands; or

or

(2) removes the same out of the jurisdiction of the court;

(3) sells or otherwise disposes of the same; or

(4) pays over any debt due by him to the defendant, except- ing only to or to the use of the plaintiff,

shall pay such damages to the plaintiff as the court may award and shall further be deemed guilty of a contempt of court and shall be liable to be proceeded against and punished accordingly: Provided that the court shall not award a larger amount of

under writ. H.K. Code, s. 82 (12).

Punishment of garnishee disposing, without leave, of property attached. H.K. Code, s. 82 (13).

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