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SUPREME COURT ACT 1935 - SECT 64

SUPREME COURT ACT 1935 - SECT 64

64 .         Security by defendant

        (1)         The security to be given by a defendant may be a deposit in Court of the amount mentioned in the order not exceeding the amount claimed in the action, or a bond to the plaintiff by the defendant and 2 sufficient sureties (or with the leave of a judge, one surety), or with the plaintiff’s consent any other form of security.

        (2)         The plaintiff may, after receiving particulars of the names and addresses of the proposed sureties, give notice that he objects thereto, stating in the notice the particulars of his objections.

        (3)         In such case the sufficiency of the security shall be determined by a master or a registrar, who shall have power to award costs to either party, and such order may be enforced as if it were an order of a judge.

        (4)         It shall be the duty of the plaintiff to obtain an appointment for the purpose of determining the sufficiency of the security, and unless he does so within 4 days after giving notice of objection, the security shall be deemed sufficient.

        [Section 64 amended: No. 67 of 1979 s. 15; No. 47 of 1983 s. 13.]