CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
813
determine what property, movable or immovable, is liable to attachment under the writ.
(2) If the garnishee, either on such examination or by notice in writing filed in the Registry at any time after the attachment, disputes the liability of the property to attachment, the court may order that any issue or question necessary for determining such liability shall be tried and determined in any manner in which any issue or question in an action may be tried and determined. On such examination and at such trial or determination the garnishee may be represented by counsel and solicitor.
(3) The court may, at the instance of any person interested in the inquiry or of its own motion, summon any person whom it may think necessary and examine him in relation to such property as aforesaid, and may require the garnishee, as well as any person summoned as aforesaid, to produce all deeds and documents in his possession or power relating to such property.
(4) If the plaintiff obtains judgment the court may, at the time of pronouncing judgment in favour of the plaintiff or at any subsequent sitting, order that execution shall issue against all or any part of the property attached which the court may have declared to be liable to satisfy the plaintiff's claim; and all the provisions of this Code relating to execution of judgment in an ordinary action shall apply to the execution so ordered.
(5) If the plaintiff fails to obtain judgment the court shall thereupon dissolve the writ.
case of
adverse
claims to goods laden 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 deal with the several claims to
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
813
determine what property, movable or immovable, is liable to attachment under the writ.
(2) If the garnishee, either on such examination or by notice in writing filed in the Registry at any time after the attachment, disputes the liability of the property to attachment, the court. may order that any issue or question necessary for determining such liability shall be tried and determined in any manner in which any issue or question in an action may be tried and determined. On such examination and at such trial or deter- mination the garnishee may be represented by counsel and solicitor.
(3) The court may, at the instance of any person interested in the inquiry or of its own motion, summon any person whom it may think necessary and examine him in relation to such property as aforesaid, and may require the garnishee, as well as any person summoned as aforesaid, to produce all deeds and documents in his possession or power relating to such property.
(4) If the plaintiff obtains judgment the court may, at the time of pronouncing judgment in favour of the plaintiff or at any subsequent sitting, order that execution shall issue against all or any part of the property attached which the court may have declared to be liable to satisfy the plaintiff's claim; and all the provisions of this. Code relating to execution of judgment in an ordinary action shall apply to the execution so ordered.
(5) If the plaintiff fails to obtain judgment the court shall thereupon dissolve the writ.
case of
adverse
claims to goods laden on board.
471. Where there are two or more claimants to any goods Attachment laden on board of any ship and the ship is attached in an of ship in 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 ware- housed 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 Procedure ·
where attached under a writ or to any interest therein, the court may wveral in its discretion summon before it all the claimants and may claims to
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