Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 849
849. The effects of a precautiona ry garnishee order are the
same as those of an executive garnishee order, and the provisio ns of
articles 375 to 383 inclusive, and articles 842, 843, 844, 846 and
848, shall apply to such order:
Provided that where the garnishee is a bank, a
precautionary garnishee order sh all not apply to money payable by
234 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
the bank in execution of any guarantee given by the bank that i t
will effect payment on the demand of the person in whose favour
the banker’s guarantee is mad e out; and in any such case,
notwithstanding the garnishee order, the bank shall have power to
pay out or otherwise dispose of any such money as free from any
garnishee order and shall also b e entitled to withdraw any such
money from any court or other place, or from any person, into
which, or with whom, it may have been lodged or deposited, and it
shall be the duty of the Registrar of such court or other perso n in
possession or having control over such money to r eturn it forth with
to the bank.
Duration of
garnishee order.
Amended by:
XXXI.1934.68;
XXIV .1995.318.
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