Ord. 45. SCHEDULE II. any other ground, the Court shall inquire into the matter of the complaint, and make such Order as may be proper under the circumstances of the case. Penalty for 3. If the Court shall be satisfied, after such investigation of the facts of the case as it may deem proper, that the resistance or obstruction complained of was without any just cause, and that the Complainant is still resisted or obstructed in obtaining effectual possession of the property adjudged to him by the Decree, by the Judgment Debtor, or some person at his instigation, the Court may without prejudice to any proceedings to which such Judgment Debtor or other person may be liable for such resistance or obstruction, commit the Judgment Debtor or such other person to prison as for Contempt of Court, for such period as may be necessary to prevent the continuance of such obstruction or resistance. By any Person 4. If it shall appear to the satisfaction of the Court that the other than the resistance or obstruction to the execution of the Decree has been Judgment Debtor assert- occasioned by any person other than the Judgment Debtor claiming a Claim to ing bonâ fide to be in possession of the property on his own account, or on account of some other person than the Judgment Debtor, the claim shall be numbered and registered as a Suit between the Claimant as Plaintiff and the Decree-holder as Defendant, and the Court shall, without prejudice to any proceedings to which the Claimant may be liable for such resistance or obstruction, proceed to investigate the claim, in the same manner and with the like power as if a Suit for the property had been instituted by the Claimant against the Decree-holder under the provisions of this Schedule, and shall make such Order for staying execution of the Decree, or executing the same, as it may deem proper in the circumstances of the case. Possession. Where right of Decreeholder disputed. Effect of under the 5. If any person other than the Judgment Debtor shall be dispossessed of any land or other immoveable property in execution of a Decree, and such person shall dispute the right of the Decreeholder to dispossess him of such property under the Decree on the ground that the property was bona fide in his possession on his own account, or on account of some other person than the Judgment Debtor, and that it was not included in the Decree, or if included in the Decree, that he was not a party to the Suit in which the Decree was made, he may apply to the Court within two months from the date of such dispossession; and if, after examining the Applicant, it shall appear to the Court that there is probable cause for making the application, the application shall be numbered and registered as a Suit between the Applicant as Plaintiff, and the Decree-holder as Defendant, and the Court shall proceed to investigate the matter in dispute in the same manner and with the like powers as if a Suit for the property had been instituted by the Applicant against the Decree-holder. 6. The decision of the Court under the provisions contained in either of the last preceding Rules shall be of the same force or effect as a Decree in an ordinary Suit, and no fresh Suit shall be entertained between the same parties or persons claiming under them in respect of the same cause of action. 2. Execution by Attachment of Property. SCHEDULE II. Ord. 45. 7. If the Decree be for money, and the amount thereof is to be Mode of levied from the property of the person against whom the same may Attachment. have been pronounced, the Court shall cause the property to be attached in the manner following: 8. Where the property shall consist of goods, chattels, or other Moveable moveable property in the possession of the Judgment Debtor the Property in attachment shall be made by actual seizure, and the Sheriff or other possession of Officer shall keep the same in his custody, and shall be responsible for the custody thereof. Defendant. Third Parties. 9. Where the property shall consist of goods, chattels, or other Where submoveable property to which the Judgment Debtor is entitled sub- ject to Lien ject to a lien or right of some other person to the immediate or Rights of possession thereof, the attachment shall be made by a written Order prohibiting the person in possession from giving over the property to the Judgment Debtor. 10. Where the property shall consist of lands, houses, or other Immoveable immoveable property, or any interest therein, either at law or in Property. equity, the attachment shall be made by a written Order of the Sheriff prohibiting the Judgment Debtor from alienating the property by sale, gift, or in any other way, and all persons from receiving the same by purchase, gift, or otherwise, and the Sheriff may also take and retain actual possession thereof. Public 11. Where the property shall consist of debts not being negoti- Debts and able instruments, the attachment shall be made by a written Order Shares in attaching the debts and requiring the person indebted to the Judg- Companies. ment Debtor to show cause why he should not pay over such debts to the Execution Creditor in satisfaction of the judgment debt, and in the case of shares in any Public Company or Corporation the attachment shall be made by a written Order prohibiting the person in whose name the shares may be standing from making any transfer of the shares or receiving payment of any dividends thereof, and the Manager, Secretary, or other proper Officer of the Company or Corporation from permitting any such transfer or making any such payment, until such further Order. a Public 12. Property in the custody or under the control of any public Property in officer in his official capacity shall be liable to attachment in execu- the custody of tion of a Decree with the consent of the Attorney General, and Officer or in property in custodia legis shall be liable also to attachment by leave custodia legis. of the Court. In such cases the Order of Attachment must be served on such public officer, or on the Registrar, as the case may be. 13. Where the property shall consist of a negotiable instrument, Negotiable the attachment shall be made by actual seizure, and the Sheriff or Instruments. other Officer shall bring the same into Court, and such instrument shall be held subject to the further Orders of the Court. 14. In the case of goods, chattels, or other moveable property Service of not in the possession of the Judgment Debtor, an office copy of the Prohibitory Order shall be delivered to the person in possession of the property. In the case of lands, houses, or other immoveable property, or any Orders. Ord. 45. SCHEDULE II. interest therein, a copy of the Order certified by the Sheriff shall be delivered to the Judgment Debtor, or if he cannot be found, the Order shall be published as the Court shall direct. In the case of debts, office copies of the Order shall be delivered to or served upon each individual debtor. And in case of shares in the capital or joint-stock of any Public Company or Corporation, an office copy of the Order shall be delivered to or served upon the Manager, Secretary, or other proper Officer of the Company or Corporation. Private after Attach- Procedure where Garnishee does not dispute Debt. Procedure if Debt disputed. Where Claim by a Third Person. Procedure upon appearance of Claimants. Effect of Payment or Court may 15. After any attachment shall have been made by actual seizure, or by written Örder as aforesaid, and in case of an attachment by written Order, after it shall have been duly intimated and made known in manner aforesaid, any alienation without leave of the Court of the property attached, whether by sale, gift, or otherwise, and any payment of the debt, or debts, or dividends, or shares to the Judgment Debtor during the continuance of the attachment, shall be null and void, and the person making such alienation or payment shall be deemed to have committed a contempt of Court. 16. If the Garnishee does not forthwith pay into Court the amount due from him to the Judgment Debtor, or an amount equal to the judgment debt, and does not dispute the debt due or claimed to be due from him to the Judgment Debtor, or if he does not appear upon summons, and proof of service be made, then the Court may order execution to issue and it may issue accordingly without any previous Writ or Process to levy the amount due from such Garnishee, or so much thereof as may be sufficient to satisfy the judgment debt. 17. If the Garnishee disputes his liability the Court, instead of making an Order that execution shall issue, may order that any Issue or question necessary for determining his liability, be tried or determined in the same manner in which any Issue or question in a Suit may be tried or determined. 18. Whenever, in any proceedings to obtain an attachment of debt, it is suggested by the Garnishee that the debt sought to be attached belongs to some third person, or that any third person has a lien or charge upon it, the Court may order such third person to appear and state the nature and particulars of his claim upon such debt. 19. After hearing the allegations of such third person, and of other any whom the Court may order to appear, or in case person of such third or other person not appearing when ordered, the Court may order execution to issue to levy the amount due from such Garnishee, or any issue or question to be tried and determined, and may bar the claim of such third or other person, or make such other Order upon such terms with respect to any lien or charge and otherwise as the Court shall think just. 20. Payment made by, or execution levied upon, the Garnishee shall be a valid discharge to him as against the Judgment Debtor, to the amount paid or levied, although such proceedings may be set aside or the judgment reversed. 21. In all cases of attachment under this Order, it shall be comorder Money petent to the Court, at any time during the attachment, to direct or Proceeds SCHEDULE II. Ord. 45. that any part of the property so attached as shall consist of money or bank notes, or a sufficient part thereof, shall be paid over to the party applying for execution of the Decree, or that any part of the of Property property so attached as may not consist of money or bank notes, so attached to far as may be necessary for the satisfaction of the Decree, shall be the Decreesold, and that the money which may be realized by such sale, or a holder. sufficient part thereof, shall be paid to such party. be paid to 22. When the property attached shall consist of debts due to the Appointment of Manager. party who may be answerable for the amount of the Decree, or of any lands, houses, or other immoveable property, it shall be competent to the Court to appoint a Manager or Managers of the said property, with power to sue for the debts and to collect the rents or other receipts and profits of the land or other immoveable property, and to execute such deeds or instruments in writing, as may be necessary for the purpose, and to pay and apply such rents, profits, or receipts, towards the payment of the amount of the Decree and costs; or, when the property attached shall consist of land, if the Mortgage in Judgment Debtor can satisfy the Court that there is reasonable lieu of Sale on ground to believe that the amount of the judgment may be raised of Judgment the mortgage of the lands, or by letting them on lease, or by Debtor. disposing by private sale of a portion of the lands, or of any other property belonging to the Judgment Debtor it shall be competent to the Court, on the application of the Judgment Debtor, to postpone the sale for such period as it may think proper, to enable the Judgment Debtor to raise the amount. In any case in which a Manager shall be appointed under this Order, such Manager shall be bound to render due and proper accounts of his receipts and disbursements, from time to time, as the Court may direct. 23. If the Judgment Debtor shall be absent from the jurisdic- In absence of tion, and it shall appear to the satisfaction of the Court that the Judgment Debtor, Court public sale of any of his property, which has been attached, con- may order sisting of lands, houses, or any interest therein, is objectionable, and Mortgage in that satisfaction of the Decree may be made within a reasonable lieu of Sale. period by a temporary alienation of such property, the Court may of its own motion, instead of proceeding to a public sale of such property, order that provision be made for the satisfaction of the Decree by Mortgage thereof, and may authorise the Registrar, if necessary, to execute the Mortgage Deed in lieu of the Judgment Debtor or any other necessary parties, and may make such Orders in relation to such Mortgage as may be requisite to carry out this provision; and the execution of such Mortgage Deed by the Registrar shall have the same effect as the execution thereof by the Judgment Debtor or other necessary parties. Attachment 24. If the amount decreed, with costs and all charges and ex- Order for penses which may be incurred by the attachment, be paid into withdrawal of Court, or if satisfaction of the Decree be otherwise made, an Order on satisfaction shall be issued for the withdrawal of the attachment; and if the of Decree. Defendant shall desire it, and shall deposit in Court a sum sufficient to cover the expense, the Order shall be notified in the same manner as hereinbefore prescribed for the notification of the attachment; SCHEDULE II. and such steps shall be taken as may be necessary for staying further proceedings in execution of the Decree. Ord. 45. Investigation thereof by the Court. 3. Claims to Attached Property. 25. In the event of any claim being preferred to, or objection offered against, the sale of lands, or any other immoveable or moveable property which may have been attached in execution of a Decree, or under any Order for attachment made before judgment, as not liable to be sold in execution of a Decree against the Judgment Debtor, the Court shall, subject to the proviso contained in the next succeeding Rule, proceed to investigate the same with the like powers as if the Claimant had been originally made a party to the Suit, and if it shall appear to the satisfaction of the Court that the land or other immoveable or moveable property was not in the possession of the party against whom execution is sought, or of some person in trust for him, or in the occupancy of persons paying rent to him at the time when the property was attached, or that, being in the possession of the party himself at such time, it was so in his possession not on his own account, or as his own property, but on account of, or in trust for some other person, the Court shall make an Order for releasing the said property from attachment. But if it shall appear to the satisfaction of the Court that the land or other immoveable or moveable property was in possession of the party against whom execution is sought as his own property, and not on account of any other person, or was in the possession of some person in trust for him, or in the occupancy of persons paying rent to him at the time when the property was attached, the Court shall disallow the claim. Claim or 26. The claim or objection shall be made at the earliest opporObjection to tunity to the Court; and if the property to which the claim or be preferred at the earliest objection applies, shall have been advertised for sale, the sale may opportunity. (if it appears necessary) be postponed for the purpose of making the investigation mentioned in the last preceding Rule: provided that no such investigation shall be made if it appear that the making of the claim or objection was designedly and unnecessarily delayed, with a view to obstruct the ends of justice, and in such case the Claimant shall be left to prosecute his claim by a regular Suit. Sheriff or Registrar to have conduct of Sales. 4. Sales in Execution of Decrees. 27. Sales in Execution of Decrees shall be made under the direction of the Sheriff or the Registrar, as the Court may direct, and shall be conducted according to such Orders, if any, as the Court may make on the application of any parties concerned, and such sales shall be made by public auction: provided that it shall be competent to the Court to authorise the sale to be made in such other manner as it may deem advisable. Any Order relating to Sale may be made at the time of issuing a Writ of Execution or |