the-ordinances-of-the-legislative-counci-1890 — Page 332

296 ORDINANCE No. 2 of 1855 .


Foreign Attachment.


ise such garnishee or person to sell or dispose of any such property or receive any such
amount and to hold the proceeds of such sale or disposal or the amount so received
subject to such attachment as aforesaid or otherwise for the satisfaction of the plaintiff
as to such Court shall seem fit.

Afterattachment 7. And be it enacted and ordained that at any time after the return day of any
returned plaintiff
may proceed in such writ of attachment it shall be lawful for the plaintiff to cause an appearance to be
the action.
entered for the defendant against whom the same shall have so issued and to proceed
thereon as if such defendant resided within this Colony and had appeared to the action
in person- provided that such bond as is in that behalf hereinafter mentioned shall
have been duly entered into before final judgment be given therein .
Court to
determine what 8. And be it enacted and ordained that so soon as upon any such examination or
property is to
continue subject enquiry as aforesaid it shall be ascertained by the Court what lands monies or other
to the attach
ment. such property and debts as aforesaid can be made available for the purpose of making
such satisfaction to the plaintiff as aforesaid the said Court shall forthwith order the
same or such part or parts thereof respectively as it shall think proper in that behalf
to be thenceforward holden for that purpose and to continue subject to such attachment
accordingly or to be sold or otherwise disposed of if such Court shall think fit and the
proceeds or (in case of debts then payable) the amount of such debts to be paid into
the hands of some officer of the Court subject to such attachment as the said Court
may order and with respect to all and singular the lands monies and other property
debts and other choses in action to which no such order as last aforesaid shall be in
tended to apply it shall be lawful for the said Court at any time to direct that the
said attachment shall be dissolved. .

Plaintiff to enter 9. And be it enacted and ordained that within one calendar month next after any
into a bond to
account, &c. such writ of attachment shall have issued as aforesaid the plaintiff at whose suit the
same shall have been so issued or if absent some person on his behalf shall before the
said Court enter into a bond with two sufficient sureties to be approved of by such
Court acknowledging himself and themselves to be indebted to the defendant against
whom such attachment shall have so issued in such sum as the said Court shall think
fit to order the condition of which said bond shall be in the form or to the effect of the
form contained in the schedule to this Ordinance marked C -and in case of any breach

or alleged breach of such condition the defendant shall be at liberty to sue the parties to
such bond thereon at any time and if such bond be not so entered into as aforesaid the
attachment shall be ipso facto dissolved .

After judgment 10. And be it enacted and ordained that at any time after such bond shall have
plaintiff may
issue afierifacias. been so entered into and after final judgment in favour of the plaintiff shall have been
obtained it shall be lawful for him to cause a writ or writs of fieri facias upon such
judgment to be from time to time issued as in any ordinary case for the amount of the
debt or damages and costs thereby recovered and to cause to be taken in execution under
any such writ as against any defendant whose property shall have been so attached as
aforesaid all or any part of the lands goods monies and other property so attached and