1264

No. 3 of 1901.

Application of Chapter XXIV to references

CODE OF CIVIL PROCEDURE.

tion or issue in any such proceedings, to be tried before any special referee, arbitrator, or officer without the consent of His Majesty, or shall affect the law as to costs payable by the Crown.

564. This Chapter shall apply to every arbitration under any Ordinance passed before or after the commencement of this Code as if the arbitration were pursuant to a submission, except in so far as this Chapter is inconsistent with the Ordinance regulating the arbitration or with any rules or procedure authorised or recognized by that Ordinance.

[52 & 53 Vict. c. 49 s. 24.]

[s. 565, rep. No. 36 of 1911.]

Application for taking security for appearance of defendant in certain cases.

H. K. Code, s. 16 (1).

Issue of warrant for bringing defendant before the Court to show cause why he should not give security.

PART III.

PROVISIONAL REMEDIES.

CHAPTER XXV.

ARREST AND ATTACHMENT BEFORE JUDGMENT. Arrest of Absconding Defendant.

566. If in any action, not being an action for the recovery of immovable property, the defendant is about to leave the jurisdiction of the Court, or has disposed of or removed from the jurisdiction of the Court his property or any part thereof, the plaintiff may, either at the institution of the action or at any time thereafter until final judgment, apply to the Court to call upon the defendant to furnish sufficient security for his appearance to answer any judgment that may be given against him in the action.

567. If the Court, after making such investigation as it may consider necessary, is of the opinion that there is probable cause for believing that the defendant is about to leave the jurisdiction or that he has disposed of or removed from the jurisdiction his property or any part thereof, and that 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.

Forms 41, 42.

[ib. s. 16 (2).]

Showing cause, and procedure thereon.

[ib. s. 16 (3), (4).]

568.-(1) If the defendant shows such cause, the warrant shall be discharged and the defendant be released.

Share This Page