the-ordinances-of-the-legislative-counci-1890 — Page 355

ORDINANCE No. 6 OF 1855 . 319


Common Law Procedure.


not without a rule of Court or Judge's order ; nor if more than fifteen ,
without a rule to show cause.


Judgment Debtors.


51. It shall be lawful for any creditor who has obtained a judgment Examination
of judgment
in the Supreme Court, to apply to the said Court for a rule or order that debtor as to
debts due to
the judgment debtor should be orally examined as to any and what debts him.

are owing to him, before the Registrar of the said Court, or such other
person as the said Court shall appoint ; and the said Court shall make

such rule or order for the examination of such judgment debtor, and for
the production of any books or documents , and the examination shall be
conducted in the same manner, as in the case of an oral examination of
an opposite party before the Registrar under this Ordinance.

52. It shall be lawful for the said Court, upon the ex parte appli- Court may
order an
cation of such judgment creditor, either before or after such oral examin attachment
of debts.
ation, and upon affidavit by himself or his attorney stating that judgment
had been recovered, and that it is still unsatisfied , and to what amount,

and that any other person is indebted to the judgment debtor , and is
within the jurisdiction of the Court , to order that all debts owing or
accruing from such third person ( hereinafter called garnishee ) to the
judgment debtor, shall be attached to answer the judgment debt ; and by
the same, or any subsequent order , it may be ordered that the garnishee
shall appear before the Court or Registrar, as the Court shall appoint , to
shew cause why he should not pay the judgment creditor the debt due
from him to the judgment debtor , or so much thereof as may be sufficient
to satisfy the judgment debt.

53. Service of an order that debts due or accruing to the judgment Order for
attachment to
debtor shall be attached , on notice thereof to the garnishee , in such manner bind debts.
as the Court shall direct, shall bind such debts in his hands .


54. If the garnishee does not forthwith pay into Court the amount Proceedings
to levy
due from him to the judgment debtor , or an amount equal to the judgment amount due
from garni
debt, and does not dispute the debt due or claimed to be due from him to shee to
judgment
the judgment debtor, or if he does not appear upon summons, then this debtor.
Court may order execution to issue, and it may be sued forth accordingly,
without any previous writ or process , to levy the amount due from such
garnishee towards satisfaction of the judgment debt .