1923_CODE_OF_CIVIL_PROCEDURE — Page 141

1254

Issue of

warrant for bringing defendant

. before the

court to show cause why he should not

No. 3 of 1901. CODE OF CIVIL PROCEDURE.

to call upon the defendant to furnish sufficient security for his appearance to answer any judgment that may be given against him in the action.

any

567. If the court, after making such investigation as it may consider necessary, is of the opinion that there is probable cause for believing that the defendant is about to leave the jurisdiction or that he has disposed of or removed from the jurisdiction his property or any part thereof, and that in either case, by reason thereof, the execution of give security, judgment that may be given against him in the action 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 security for his appearance to answer any judgment that may be given against him in the action.

s. 16 (2). Schedule.

Forms Nos. 41, 42.

Showing cause, and procedure thereon. H. K. Code,

s.

8. 16 (3), (4). Form No. 43.

Schedule.

Schedule.

568.—(1) If the defendant shows such cause, the warrant shall be discharged and the defendant be released.

(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 under- Form No. 44. take, in default of such appearance, to pay any sum of money that may be adjudged against the defendant in the action, with costs.

Release or

(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 committal to court, the warrant shall be discharged and the defendant be

custody of defendant.

·H. K. Code, s. 16 (5).

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.

* As amended by Law Rev. Ord., 1924.