Directory_and_Chronicle_1879 — Page 612

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CODE OF CIVIL PROCEDURE-HONGKONG.

on his failing to give such security, to direct that any property, moveable or immoveable, belonging to the defendant, shall be attached until the further order of the Court.

2. The application shall contain a specification of the property required to be attached, and the estimated value thereof, so far as the plaintiff can reasonably ascertain the same; and the plaintiff shall, at the time of making the application, declare that to the best of his information and belief, the defendant is about to dispose of or remove his property with such intent as aforesaid.

3. If the Court, after making such investigation as it may consider necessary, shall be satisfied that the defendant is about to dispose of or remove his property. with intent to obstruct or delay the execution of the decree, it shall be lawful for the Court to issue a warrant to the sheriff, commanding him to call upon the defendant, within a time to be fixed by the Court, either to furnish security in such sum as may be specified in the order, to produce and place at the disposal of the Court when required the said property, or the value of the same, or such portion thereof as may be sufficient to fulfil the decree, or to appear, and show cause why he should not furnish scurity. The Court may also in the warrant direct the attachment until further order of the whole or any portion of the property specified in the application. 4. If the defendant fail 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 shall be sufficient to fulfil the decree, sball be attached until further order. If the defendant show such cause or furnish the required security, and the property specified in the application, or any portion of if, shall have been attached, the Court shall order the attachment to be withdrawn.

5.-The attachment shall be made according to the natu of the property to be attache, in the manner hereinafter prescribed for the attachment of property in execution of a decree for money.

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6. The attachment shall not affect the rights of persons not parties to the suit, and in the event of any claim being preferred to the property attacked before judgment, such claim shall be investigated in the manner hereinafte prescribed for the investigation of claims to property attached in execution of a decree for

money.

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7. In all cases of attachment before judgment, the Court shall at remove the same, on the defendant furnishing security as above required, gether with security for the costs of the attachment.

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8.-If it shall appear to the Court that the attachment was applied on insufficient grounds, or if the suit of the plaintiff is dismissed, or judgment is against him by default or otherwise, and it shall appear to the Court that theret no probable ground for instituting the suit, the Court may (on the application o defendant) award against the plaintiff such amount, not exceeding the sum of thousand dollars, as it may deem a reasonable compensation to the defendant for expense or injury occasioned to him by the attachment of his property: Provi that the Court shall not award a larger amount of compensation under this sect than it is competent to such Court to decree in an action for damages. An aw of compensation under this section shall bar any suit for damages in respect of s attachment.

Injunctions.

XVIII. In any suit in which it shall be shown to the satisfaction of the C that any property which is in dispute in the suit is in danger of being wasted, dama or alienated by any party to the suit, it shall be lawful for the Court to issu injunction to such party, commanding him to refrain from doing the particula complained of, or to give such other order for the purpose of staying and prever him from wasting, damaging, or alienating the property, as to the Court may meet, and all cases in which it may appear to the Court to be necessary f preservation, or the better management or custody of any property which is in in a suit, it shall be lawful for the Court to appoint a receiver or manager