1923_CODE_OF_CIVIL_PROCEDURE — Page 143

1256

No. 3 of 1901.

Application for taking security from

defendant or

for attach- ment of his

H. K. Code,

CODE OF CIVIL PROCEDURE.

dollars, as it may deem a reasonable compensation to the defendant for any injury or loss which he may have sustained by reason of the arrest: Provided that the court shall not award a larger sum by way of compensation under this section than it is competent to the court to award in an action for damages.

(2) An award of compensation under this section shall bar any action for damages in respect of the arrest.

Interim attachment of property of defendant.

572.-(1) If in any action the defendant, with intent to obstruct or delay the execution of any judgment that may be given against him in the action, is about to dispose of his property or any part thereof, or to remove any such property property in

from the jurisdiction of the court, the plaintiff may, either at certain cases. the institution of the action or at any time thereafter until s. 17 (1); (2).. final judgment, apply to the court to call upon the defendant to furnish sufficient security to produce and place at the disposal of the court, when required, his property, or the value of the same, or such portion thereof as may be sufficient to answer any judgment that may be given against him in the action, and, in the event of his failing to furnish such security, to direct that any property, movable or immovable, belonging to the defendant shall be attached until the further order of the court.

Issue of war-

ing defendant to furnish security or to appear and show cause,

(2) The application shall contain a specification of the property required to be attached, and the estimated value thereof, so far as the plaintiff can reasonably ascertain the

same.

(3) There shall be filed with the application an affidavit to the effect that the defendant is about to dispose of or remove his property or some part thereof, with such intent as aforesaid.

573.—(1) If the court, after making such investigation as rant requirit may consider necessary, is of opinion that there is probable cause for believing that the defendant is about to dispose of or remove his property or some part thereof, with such intent as aforesaid, it shall be lawful for the court to issue a warrant and attaching to the bailiff commanding him to call upon the defendant, H. K. Code, within a time to be fixed by the court, either to furnish 8. 17 (3), (5). security, in such sum as may be specified in the order, to Form No. 45. produce and place at the disposal of the court, when required,

his property.

Schedule.