D 1901.]
CODE OF CIVIL PROCEDURE.
(No. 3.
765
appearance to answer any judgment that may be given against him in the action.
warrant for
before the
should not
567. If the Court, after making such investigation as it may consider necessary, is of opinion that there is probable cause for believing that the defendant is about to leave the jurisdiction or that he has disposed or removed from the jurisdiction his property or any part thereof, and in either case, by reason thereof, the execution of any judgment that may be given against him in the action is likely to be obstructed or delayed, it shall be lawful for the Court to issue a warrant to the Bailiff enjoining him to bring the defendant before the Court that he may show cause why he should not give security for his appearance to answer any judgment that may be given against him in the action.
Court to show cause why he should give security.
8. 16 (2.) H.K. Code, Schedule: Forms Nos. 41 and 42.
568.—(1.) If the defendant shows such cause, the warrant shall be discharged and the defendant be released.
(2) If the defendant fails to show such cause, the Court shall order him to give sufficient bail for his appearance at any time when called upon while the action is pending and until the execution of any judgment that may be given against him in the action.
cause, and procedure thereon.
Ib. s. 16 (3.), (4).
Schedule: Form No. 43.
Schedule: Form No. 44.
(3.) The surety or sureties giving such bail shall undertake, in default of such appearance, to pay any sum of money that may be adjudged against the defendant in the action, with costs.
(4.) If the defendant offers, in lieu of giving bail, to deposit in Court a sum of money or other valuable property, sufficient to answer any sum of money that may be adjudged against him in the action, with costs, the Court may accept such deposit in lieu of bail.
569.—(1.) If the defendant complies with the order of the Court, the warrant shall be discharged and the defendant be released.
(2.) If the defendant does not comply with the order of the Court, he may be committed to prison until the decision of the action, or, if judgment is given against him, until the execution of the judgment or until the further order of the Court.
committal to custody of defendant.
Ib, s. 16 (5.)
New sub-sections added by Ord 10 of 1909.
Application for discharge of bail or for release from prison.
570.—A defendant who has given bail for his appearance, or who has been committed to prison for default in giving such bail, may at any time apply to the Court for the discharge of his bail or for his release from prison, as the case may be, on the ground that the plaintiff has not used due diligence in the prosecution of the action, and, on the hearing of the application, the Court may make such order as may seem just.
571.—(1.) If it appears to the Court that the arrest of the defendant was applied for on insufficient grounds, or if the action is dismissed or judgment is given against the plaintiff by default or otherwise, and it
Power to award limited compensation to defendant.
d. 36/11 § 21