the-ordinances-of-the-legislative-counci-1890 — Page 330

294 ORDINANCE No. 2 OF 1855 .


Foreign Attachment.

On any return 1. Be it therefore enacted and ordained by His Excellency the Governor of
of non estinventus
and on affidavit
filed, &c. plaintiff Hongkong, with the advice of the Legislative Council thereof, that in every action at
may proceed
against an law which shall hereafter be commenced in the Supreme Court of Hongkong wherein
absent defendant
by foreign the writ of summons or of capias shall as to any defendant named therein be returned
attachment .
non est inventus if upon or after such return an affidavit shall be filed on behalf of the
plaintiff (in addition to a full affidavit of the cause of action that such cause of action
arose within this Island or its dependencies and that to the best of the deponent's
belief such defendant does not reside within this Island or its dependencies and is to
the best of the deponent's belief possessed of or entitled to or otherwise beneficially
interested in any lands monies securities for money chattels or other property in the
custody or under the control of any person or persons in this Island or its dependencies
(to be named in such affidavit) or that any such person or persons is or are indebted
to such defendant the plaintiff may proceed against such defendant by process of
foreign attachment in the manner hereinafter directed .
Form ofattach 2. And be it enacted and ordained that at any time after the filing of such affidavit
ment and how
served. as aforesaid a writ of foreign attachment shall be issued at the plaintiff's instance as of
course and every such writ shall be in the form or to the effect of the form contained
in the schedule to this Ordinance marked A and be returnable into the said Court not
less than fourteen days nor more than sixty days next after the date thereof and shall
be served upon the several garnishees or persons therein named in whose hands it is
intended thereby to attach any such lands monies chattels or debts by delivering a copy
thereof to each such garnishee personally or by leaving the same at his or her then or
Proviso as to then last usual place of abode -Provided always that final judgment shall in no case be
proof where
cause of action signed in any such action until an entry shall have been made on the record of the
accrued.
issue of such writ of attachment with a suggestion of the fact that the cause or causes of
action so arose as aforesaid and that in case it shall at any time appear that the cause of
action did not arise within this Island or its dependencies the attachment shall be
forthwith dissolved with costs to be paid by the plaintiff to such parties and in such
manner as the Court shall direct.
Public notice to 3. And be it enacted and ordained that in addition to such service the plaintiff
be given.
shall also cause a notice of the issue of such writ signed by him or his attorney to be
1
published not less than twice in the Government Gazette and also not less than twice in
one newspaper published within this Colony and every such notice shall be in the form
.
or to the effect of the form contained in the schedule to this Ordinance marked B and
the last of such publications thereof shall be one week at the least before the day on
which the writ of attachment shall be so made returnable.

Property and 4. And be it enacted and ordained that from the time of the service of such writ
debts bound from
the time of upon any such garnishee or person as aforesaid all and singular the lands monies and
attachment
served.
chattels bills bonds and other property of whatsoever nature in the custody or under
the control of such garnishee then belonging to the defendant against whom the same
writ issued or to or in which such defendant shall then be legally or equitably entitled
or otherwise beneficially interested and whether solely or jointly with any other person