Directory_and_Chronicle_1882 — Page 704

CODE OF CIVIL PROCEDURE-HONGKONG.

133

2. No such order shall be made except on notice, after expiration of the time for appearance, and four days at least before the day named in the notice for the hearing of the application; such notice shall be left at the dwelling-house of the person with whom or under whose care the defendant was at the time of service of the writ of summons, and also, in the case of an infant not residing with or under the care of his father or guardian, served on or left at the dwelling-house of such father or guardian, unless the Court thinks fit in any case to dispense with such last- mentioned service.

CHAPTER II-ARREST OF ABSCONDING DEFENDANT-INTERIM ATTACHMENT- INJUNCTIONS-DetentION OF SHIPS.

Arrest of Absconding Defendant.

XVI.-If in any suit, not being a suit for laud or other immoveable property, the defendant is about to leave the juris liction of the Court, or has disposed of or removed from the jurisdiction of the Court is property, or any part thereof, the plaintiff may, either at the institution of ti e suit, or at any time thereafter until final judgment, make an application to the Court that security be taken for the appearance of the defendant to answer any judgment that may be passed against him in the suit. 2.-I the Court, after making such investigation as it may consider necessary, shall be of opinion that there is probable cause for believing that the defendant is about to leave its jurisdiction, or that he has disposed of or removed from the jurisdiction of the Court his property, or any part thereof, and that in either case, by reason thereof, the execution of any decree which may be made against him is likely to be obstructed or delayed, it s all be lawful for the Court to issue a warrant to the sheriff enjoining him to bring the defendant before the Court that he may show canse why he should not give good and sufficient hail for his appearance.

3.-If the defen lant fail to show such cans, the Court shall order him to give bail for his appearance at a y time when called upon while the suit is pending, and until execution of satisfaction of any decree that may be passed against him in the suit; and the surety or sureties shal; undertake, in default of such appearance, to pay any sum of money that may be adjudged against the defendant in the suit, with costs. 4. Should a defendant offer, in lieu of bail for his appearance, to deposit a sum of money, or other valuable property, sufficient to answer the claim against him, with the costs of the suit, the Court may accept such deposit.

5.-In the event of the defendant neither furnishing security nor offering a sufficient deposit, he may be committ 4 to custody until the decision of the suit, or if judgment be given against the defendant, until the execution of the decree, if tue Court shall so order.

6.-If it shall appear to the Court that the arrest of the defendant was applied for on insufficient g ounds, or if the suit of the plaintiff is dismissed, or judgment is given against him by default or otherwise, and it shall appear to the Court that there was no pr bable ground for instituting the suit, the Court may (on the application of the defendant) award against the plaintiff such amount, not exceeding the sum of one thousand dollars, as it may dem'a rea-onable compensation to the def ndant for any injury or loss which he may have sustained by reason of such arrest: Provided that the Court shall not ward a larger amount of compension under this Section than it is competent to such Court to decree in an action for damages. An award of compensation under this section shall bar any suit for damages in respect of such

arrest.

Interim Attachment of his Property,

XVII.-If the defendant, with the intent to obstruct or delay the execution of any decree that may be passed against him, is about to d spose of his property, or any part thereof, or to remove any such property from the jurisdiction of the Court, the plaintiff may apply to the Court, either at the time of the institution of the suit or any time thereafter until final judg ut, to call upon the defendant to furnish sufficient security to fulfil any decree that may be a ale against him in the suit, and

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