Directory_and_Chronicle_1896 — Page 337

CODE OF CIVIL PROCEDURE-HONGKONG

207

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 Limit thereof. 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 In what cases. 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.

thereof.

2.-The application shall contain a specification of the property re- Application 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 defendant is about to dispose of or remove his property with such intent as aforesaid.

Warrant.

3.-If the Court, after making such investigation as it may consider Form of 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 bailiff, 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 degree, or to appear and show cause why he should not furnish 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,

Cause,

4.—If the defendant fail to show such cause or to furnish the required Where Defend- security within the time fixed by the Court, the Court may direct that ant fails to show the property specified in the application, if not already attached, or such por 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.

5. The attachment shall be made according to the nature of the How made. property to be attached, in the manner hereinafter prescribed for the attachment of property in execution of a decree for money.

l'arties and

Claims

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

attachment.

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

8.-If it shall appear to the Court that the attachment was applied Compensation for on insufficient grounds or if the suit of the plaintiff is dismissed, or attachment.

for needless