Directory_and_Chronicle_1892 — Page 343

Deposit in heu of Bail.

Committal in Default.

Compensation for needless arrest.

Limit thereof.

In what cases,

Application thereof.

Form of Warrant.

Where Defend- ant fails to show Cause.

284

CODE OF CIVIL PROCEDURE-HONGKONG

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 committed to custody until the decision of the suit, or if judgment be given against the defendant, until the execution of the decree, if the Court shall so order.

6. If it shall appear to the Court that the arrest of the defendant was applied for on insufficient grounds, 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 probable 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 deem a reasonable compensation to the defendant for any injury or loss which he may have sustained by reason of such arrest: Provided that the Court shall not award a larger amount of compensation 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 dispose 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 judgment, to call upon the defendant to furnish sufficient security to full any decree that may be made against him in the suit, and 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 re- quired to be attached, and the estimated value thereof, so far as the plain- tiff 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 defen lant 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 furnis' security. 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 requir ed 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 po:tion thereof as shall be sufficient to fulfil the decree, shall 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 it, shall have been attached, the Court shall order the attachment to be withdrawn.