Θεσμοί Πολιτικής Δικονόμίας - ORDER 42A: ATTACHMENT AND SEQUESTRATION

1. Where any order is issued by any Court directing any act to be done or prohibiting the doing of any act there shall be endorsed by the Registrar on the copy of it, to be served on the person required to obey it, a memorandum in the words or to the effect following:

"If you, the within-named A.B., neglect to obey this order, by the time therein limited, you will be liable to be arrested and to have your property sequestered."

2. An office copy of the order shall be served on the person to whom the order is directed. The service shall, unless otherwise directed by the Court or a Judge, be personal.

3. (1) Where such an order has been issued by any Court and the person directed to do or prohibited from doing an act (hereinafter referred to as "the respondent") refuses or neglects to do or abstain from doing it, according to the directions of such order, the person in whose favour such order has been given (hereinafter referred to as "the applicant") may apply to the Court for a writ of attachment.

(2) Such an application shall be made by summons supported by affidavit and an office copy thereof shall, unless otherwise directed by the Court or Judge, be served on the respondent personally. But the Court or a Judge, if satisfied that the delay caused by proceeding in the aforesaid way would or might entail irreparable or serious mischief, may make an order ex parte upon such terms as to costs or otherwise, and subject to such undertaking, if any, as the Court or Judge may think just; and any party affected by such order may move to set it aside.

4. On the return day of the summons, if the respondent does not attend and the Court is satisfied that he has been duly served, the Court may order that a writ of attachment be issued against him.

5. The Court may enlarge the time for the appearance of the respondent, or may, on the return day of the summons, direct that the writ of attachment shall issue only until after a certain time and in the event of his continued disobedience at that time to the order in respect of which he has been guilty of disobedience.

6. If the respondent shall not establish sufficient excuse for not attending on the return day of the summons, or if he attends and does not show cause to the satisfaction of the Court why he should not be punished for disobedience, the Court may order him to pay such fine, or to be committed to prison for such time as the Court directs.

7. The Court may order that a person committed to prison for disobedience to an order shall be detained in prison till he has obeyed such order in all things that are to be immediately performed and given such security as the Court thinks fit to obey the other parts of the order, if any, at the time or times when they are to be performed.

8. Whenever any such order or commitment shall have been made the Registrar shall issue, under the seal of the Court, a warrant of commitment directed to the proper officer of the Court who by such warrant shall be empowered to take the body of the person against whom such order shall have been made, and all police officers within their several jurisdictions shall aid in the execution of every such warrant, and the gaoler or keeper of every gaol or prison mentioned in any such order shall be bound to receive and keep therein the person against whom such order of commitment shall have been made until he shall be discharged by due course of law.

9. Where any person in custody under a warrant desires to apply for his discharge, he shall file an affidavit showing that he has purged or is desirous of purging his contempt, and shall, not less than one clear day before the application is made, serve on the party at whose insentience the warrant of attachment was issued, an office copy of the affidavit, together with notice of his intention to make the application.

10. In case the respondent against whom a writ of attachment has issued is not and cannot be found, the Court may make an order that a writ of sequestration be issued against his property. The said writ shall bind his immovable property from the date of the order in the same manner, and to the same extent in every respect, as an order for sequestration in a civil action.

11. The writ of sequestration shall be directed to two or more persons to be appointed by the Court for that purpose, who shall be commanded and empowered to enter upon all the immovable property of the person against whom the writ shall issue, and collect, take, and get into their hands not only the rents and profits of his said immovable property, but also all his goods, chattels, and movable property, and detain and keep the same under sequestration in their hands until he shall make other order to the contrary. And the Court may order payment out of the proceeds of such sequestration of all charges attending the execution thereof, including such reasonable remuneration to the persons appointed to carry out the same as the Court shall think fit to allow.

12. In all proceedings against any person for disobedience of the order of a Court, the Court before which such proceedings are taken shall make such order as to the costs thereby occasioned as to the Court shall seem just.