AD 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
767
pear before the Court and show cause why he should not furnish such security.
(2) The Court may also in the warrant direct the attachment until farther order of the whole or any portion of the property of the defendant within the Colony.
The attachment shall be made, according to the nature of the property to be attached, in the manner prescribed in Chapter 16 for the attachment of property in execution of a judgment for money.
574.—(1.) If the defendant shows such cause or furnishes the required security within the time fixed by the Court, and the property specified in the application, or any portion thereof, has been attached, thereon.
H. K. Code, the Court shall order the attachment to be withdrawn.
s. 17 (4.), (5.)
(2.) If the defendant fails to show such cause or to furnish the required security within the time fixed by the Court, the Court may direct that the property specified in the application, if not already attached, or such portion thereof as may be sufficient to answer any judgment that may be given against the defendant in the action, shall be attached until the further order of the Court.
(3.) The attachment shall be made, according to the nature of the property to be attached, in the manner prescribed in Chapter 16 for the attachment of property in execution of a judgment for money.
575. The attachment shall not affect the rights of any persons not being parties to the action, and in the event of any claim being preferred to the property attached before judgment, such claim shall be investigated in the manner prescribed in Chapter 16 for the investigation of claims to property attached in execution of a judgment.
576. In any case of attachment before judgment, the Court shall at any time remove the same on the defendant furnishing the required security, together with security for the costs of the attachment.
577.(1.) If it appears to the Court that the attachment 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 appears to the Court that there was no probable ground for instituting the action, the Court may, on the application of the defendant, made either before or at the time of the pronouncing of the judgment, award against the plaintiff such amount, not exceeding one thousand dollars, as it may deem a reasonable compensation to the defendant for any injury or loss which he may have sustained by reason of the attachment: Provided that the Court shall not award a larger sum by way of compensation under this section than it is competent to the Court to award in an action for damages.
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Saving of other persons' rights under attachment. Ib. s. 17 (6.)
Removal of attachment on furnishing of security. 18. s. 17 (7.)
Power to award limited compensation to defendant for unjustifiable attachment. Ib. s. 17 (8.)