CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
839
s. 16 (3), (4).
Schedule.
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.
No. 43.
Form
(3) The surety or sureties giving such bail shall undertake, Schedule. 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).
maintenance of defendant
(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 support and maintenance, not exceeding two dollars per diem, which shall be paid by the plaintiff to the Superintendent of Prisons by monthly payments in advance before the first day in each month, the first payment to be made 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 support and maintenance money.
bail or for
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. 1 of 1933 [17.2.33].
Page 145
Page 146
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
839
s. 16 (3), (4).
Schedule.
shall order him to give sufficient bail for his appearance at any time when called upon while the action is pending and until the Form execution of any judgment that may be given against him in
the action.
No. 43.
Form
(3) The surety or sureties giving such bail shall undertake, Schedule. in default of such appearance, to pay any sum of money that No. 44. 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 tc custody of defendant. H.K. Code, s. 16 (5).
maintenance of defendant
(3) When a defendant is committed to prison under sub- Support and section (2) the court shall fix whatever monthly allowance it may think sufficient for his support and maintenance, not in prison to exceeding two dollars per diem, which shall be paid by the be paid by.
plaintiff. plaintiff to the Superintendent of Prisons by monthly payments [cf. s. 439.] 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 support and maintenance money.
bail or for
570.-(1) A defendant who has given bail for his appear- Application ance, or who has been committed to prison for default in giving by defens such bail, may at any time apply to the court for the discharge charge of of his bail or for his release from prison, as the case may be, base from on the ground that the plaintiff has not used due diligence in prison. the prosecution of the action, and, on the hearing of the applica- tion, the court may make such order as may seem just.
* As amended by No. 1 of 1933 [17.2,33].
Page 145Page 146
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