(b)
(i)
(ii)
(c)
in any suit founded on contract or for detinue in which the cause of action arose within the
jurisdiction
the defendant is absent from the jurisdiction, or there is a probable cause to believe that he is
concealing himself to evade service; and
the defendant is beneficially entitled to any property of the jurisdiction in the custody or under the
control of any other person in the jurisdiction, or such person is indebted to the defendant,
then in either such case, the Plaintiff may apply to the Court either at the time of the institution of
the suit or at any time thereafter until final Judgment, to call upon the defendant to furnish
sufficient security to fulfill any decree that may be made against him in the suit, and on his failing to
give the security, or pending the giving of such security, to direct that any property movable or
immovable belonging to the defendant shall be attached until the further order of the Court.
Application for attachment.
2.
The application for attachment s1 all contain a specification of property required to be attached,
and the estimated value thereof so far as the Plaintiff can reasonably as certain the same,
and the plaintiff shall, at the time of making the application, declare that to the best of his
information and belief the defendant is about to dispose of or remove his property with such
intent as aforesaid.
Form of order.
3.
(1) If the Court after making such investigation as it may consider necessary is satisfied that the
defendant is about to dispose of or remove his property with intent to obstruct or delay the execution
of the decree, it shall be lawful for the Court to order the defendant, within a time to be fixed by the
Court, either to furnish security in such sum as may be specified in the order or produce and place
at the disposal of the Court when required, the said property, or value of the same or such portion
thereof as may be sufficient to fulfill the decree, or to appear and show cause why he should not
furnish security.
(2)
Pending the defendant's compliance with the order, the Court may by warrant direct the attachment
until further order of the whole, or any portion, of the property specified in the application.
Where defendant fails to show cause or give security.
4.
(1) If the defendant fails to show such cause, or to furnish the required security within the time
fixed by the Court, the Court may direct that the property specified in the application if not already
attached, or such portion thereof as shall be sufficient to fulfill the decree, shall be attached until
further order.
(2)
If the defendant shows such cause, or furnishes the required security, and the property specified in
the application or any portion of it shall have been attached, the Court shall order the attachment to
be withdrawn.
Rights of third parties not to be affected.
5.
The attachment shall not affect the rights of persons not parties to the suit, and in the event of
any claim being preferred to the property attached before Judgment, such claim shall be