CODE OF CIVIL PROCEDURE-HONGKONG
XIV.-Repealed.
Guardian for Purpose of Suit
303
to
unsound mind.
XV.-Where on default made by a defendant in entering an appear- Powers of Court ance to the suit after due service of the writ of summons it appears to Defendants the Court that he is an infant, or a person of weak or unsound mind (not and Persons of
found by inquisition), so that he is unable of himself to defend the uit, the Court may, on the application of the plaintiff, or of its own motion, appoint some fit person to be guardian of the defendant for the purpose of the suit, by whom he may defend the same.
Mcde of Service hereof.
2.-No such order shall be made except on notice, after expiration of Notice and the time or 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 wri of summons, and also, in the vas 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-men- tioned service.
·
CHAPTER II.-ÅKREST OF ABSCONDING Defendant—Interim
ATTACHMENT-INJUNCTIONS-DETENTION OF SHIPS Arrest of Absconding Defendant
moveable
XVI. If in any suit, not being a suit for land or other immoveable In suit for property, the defendant is about to leave the jurisdiction of the Court, or Property has disposed of or removed from the jurisdict on of the Court his proper. [See s. 94]. ty, or any part thereof, the plaintiff may, either at the institution of the suit, or at any time thereafter until final judgment, make an aplication to the Court that security be taken for the appearance of the defendant to answer any ju Igment that may be passed against him in the suit.
2.-If the Court, after making such investigation as it may consider Application necessary, shall be of opinion that there is probable cause for believing for Security. that he defendant is about to leave its jurisdiction, or that he has dis- posed of or removed from the jurisdiction of the Court his property, or any part thereof, and that in either case, by reason thereof, the execwion of any decree which may be made against him is likely to be obstructed or dlaved, it shall be lawful for the Court to issue a warrant tot e bailiff warrant to enjoining him to br ng the defendant before the Court that he may show bring up cause why he should not give good and sufficient bail for his appearance.
Defendant.
3.—İf the defendant fil to show such cause, the Court shall order Bail for him to give bail for his appearance at any time when called upon while appearance, the suit is pending, and until execution or satisfaction of any decree that may be passed against him in the su't; and the surety or sureties shall undertake, in default of such appearance, to pay any sum of money that may be adjudged against the defendant in the suit, with costs
of Bail.
4.-Shou d a defendant offer, in lieu of bail for is appearance, to Deposit in heu deposit a sum of money, or other valuable property sufficient to answer the claim against him, with the costs of the suit, the Cort may accept such deposit.
5.-In the event of the defendant neither furnishin security nor Committal in offering a sufficient d posit, he may be committed to custody until the Default, decision of the suit, or if judgment be given against the de endant, until the execution of the decree, if the Court shall so order.
arrest.
6.-I. it shall appear to the Court that the arrest of th defendant was Compensation applied for on insufficient grounds, or if the suit of the plaintiff is dismissed, for needless 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 Digitized by Toog e
No comments yet.
Private notes are available after approval.