Directory_and_Chronicle_1899 — Page 356

Powers of Conrt

as to Infant

Defendants

unsound mind.

306

CODE OF CIVIL PROCEDURE-HONGKONG

XIV.-Repealed.

Guardian for Purpose of Suit

XV.-Where on default made by a defendant in entering an appear. ance to the suit after due service of the writ of summons it appears to and Persons of the Court that he is an infant, or a person of weak or unsound mind (not so found by inquisition), so that he is unable of himself to defend the suit, 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.

Notice and

thereof.

2.-No such order shall be made except on notice, after expiration of Mcde of Service 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 bis 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.

In suit for moveable Property [See s. 94].

Application for Becurity.

Warrant to bring up Defendant.

Bail for appearance.

Deposit in lieu of Bail.

Committal in Default.

Compensation for needless arrest.

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 land or other immoveable property, the defendant is about to leave the jurisdiction of the Court, or has disposed of or removed from the jurisdiction of the Court his proper- 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 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.-If 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 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 execution of any decree which may be made against him is likely to be obstructed or delayed, it shall be lawful for the Court to issue a warrant to the bailiff enjoining him to bring the defendant before the Court that he may show cause why he should not give good and sufficient bail for his appearance. 3.-If the defendant fail to show such cause, the Court shall order him to give bail for his appearance at any time when called upon while the suit is pending, and until execution or satisfaction of any decree that may be passed against him in the suit; and the surety or sureties shall undertake, in default of such appearance, to pay any sum of money that

be adjudged against the defendant in the suit, with costs.

may

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.

K

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