1266
No. 3 of 1901.
Power to
H. K. Code,
s. 16 (6).
CODE OF CIVIL PROCEDURE.
(2) The surety or sureties for the appearance of the defendant or either or any of them may at any time apply to a Judge to be discharged from his or their obligation.
On such application being made the Judge shall summon the defendant to appear; or, if necessary, he may issue a warrant for his arrest in the first instance.
On the appearance of the defendant pursuant to the summons or warrant, or on his voluntary surrender, the Court shall direct the surety or sureties making application under this section to be discharged from his or their obligation, and shall call upon the defendant to find security, whereupon the provisions of section 569 (2) shall again apply.
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 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 1,000 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 arrest: 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.
Application for taking security from defendant or for attachment of his property in certain cases. [ib. s. 17 (1), (2).]
(2) An award of compensation under this section shall bar any action for damages in respect of the arrest.
Interim Attachment of Property of Defendant.
572.—(1) If in any action the defendant, with intent to obstruct or delay the execution of any judgment that may be given against him in the action, is about to dispose of his property or any part thereof, or to remove any such property from the jurisdiction of the Court, 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 to produce and place at the disposal of the Court, when required, his property, or the value of the same, or such portion thereof as may be sufficient to answer any judgment that may be given against him in
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