CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1265
(2) If the defendant fails to show such cause, the Court shall order him to give sufficient bail for his appearance at any time when called upon while the action is pending and until the execution of any judgment that may be given against him in the action.
(3) The surety or sureties giving such bail shall undertake, in default of such appearance, to pay any sum of money that may be adjudged against the defendant in the action, with costs.
(4) If the defendant offers, in lieu of giving bail, to deposit in Court a sum of money or other valuable property sufficient to answer any sum of money that may be adjudged against him in the action, with costs, the Court may accept such deposit in lieu of bail.
569.—(1) If the defendant complies with the order of the Court, the warrant shall be discharged and the defendant be released.
(2) If the defendant does not comply with the order of the Court, he may be committed to prison until the decision of the action, or, if judgment is given against him, until the execution of the judgment, or until the further order of the Court.
Release or committal to custody of defendant.
H. K. Code, s. 16 (5).
(3) When a defendant is committed to prison under sub-section (2) the Court shall fix whatever monthly allowance it may think sufficient for his subsistence, not exceeding 25 cents per diem, which shall be paid by the plaintiff to the Superintendent of the Gaol by monthly payments in advance before the first day in each month, the first payment made to be for such portion of the current month as may remain unexpired before the defendant is committed to prison.
(4) Every defendant imprisoned under sub-section (2) shall be released at any time on the plaintiff omitting to pay his subsistence money.
570.—(1) A defendant who has given bail for his appearance, or who has been committed to prison for default in giving such bail, may at any time apply to the Court for the discharge of his bail or for his release from prison, as the case may be, on the ground that the plaintiff has not used due diligence in the prosecution of the action, and, on the hearing of the application, the Court may make such order as may seem just.
* As amended by No. 10 of 1909. As amended by No. 36 of 1911.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1265
(2) If the defendant fails to show such cause, the Court shall form 43. order him to give sufficient bail for his appearance at any time when called upon while the action is pending and until the execu- tion of any judgment that may be given against him in the action.
(3) The surety or sureties giving such bail shall undertake, in form 44. default of such appearance, to pay any sum of money that may be adjudged against the defendant in the action, with costs.
(4) If the defendant offers, in lieu of giving bail, to deposit in Court a sum of money or other valuable property sufficient to answer any sum of money that may be adjudged against him in the action, with costs, the Court may accept such deposit in lieu of bail.
569.-(1) If the defendant complies with the order of the Court, the warrant shall be discharged and the defendant be released.
(2) If the defendant does not comply with the order of the Court, he may be committed to prison until the decision of the action, or, if judgment is given against him, until the execution of the judg- ment, or until the further order of the Court.
Release or
committal to custody of H. K. Code, defendant.
s. 16 (5).
of defendant
be paid by
plaintiff.
*
(3) When a defendant is committed to prison under sub-section Subsistence (2) the Court shall fix whatever monthly allowance it may think in prison to sufficient for his subsistence, not exceeding 25 cents per diem, which shall be paid by the plaintiff to the Superintendent of the Gaol by monthly payments in advance before the first day in each month, the first payment made to be for such portion of the current month as may remain unexpired before the defendant is committed to prison.
(4) Every defendant imprisoned under sub-section (2) shall be released at any time on the plaintiff omitting to pay his subsistence money.
release from
570.—(1) A defendant who has given bail for his appearance, or Application who has been committed to prison for default in giving such bail, by defendant for discharge may at any time apply to the Court for the discharge of his bail of bail or for or for his release from prison, as the case may be, on the ground prison. that the plaintiff has not used due diligence in the prosecution of the action, and, on the hearing of the application, the Court may make such order as may seem just.
* As amended by No. 10 of 1909. As amended by No. 36 of 1911.
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