Power to arrest defendant about to leave Belize

(1) Where the plaintiff in any action in the Supreme Court at any time before final judgment, proves on oath to the satisfaction of a judge, that he has good cause of action against the defendant and that there is probable cause for believing that the defendant is about to leave Belize unless he be apprehended, and that the absence of the defendant will materially prejudice the plaintiff in the prosecution of his action, the judge shall in the prescribed manner order such defendant to be arrested and imprisoned for a period not exceeding six months, unless and until he sooner gives the prescribed security, not exceeding the amount claimed in the action, that he will not leave Belize without the leave of the Provided that, (a) if no action is actually pending when the capias is applied for, the usual summons shall be served upon the defendant simultaneously with the execution of the capias; and (b) when the action is on an account or for a liquidated sum, the plaintiff shall show to the satisfaction of the Chief Justice, or of a Commissioner as aforesaid, that he has a reasonable claim against the defendant to the amount of thirty dollars at the least. (2) When the action is for a penalty or sum in the nature of a penalty, other than a penalty in respect of any contract, it shall not be necessary to prove that the absence of the defendant from Belize will materially prejudice the plaintiff in the prosecution of his action, and the security given, instead of 8 being that the defendant will not leave Belize, shall be to the effect that any sum recovered against the defendant in the action shall be paid, or that the defendant shall be rendered to prison. (3) The expenses incurred for the subsistence in prison of any person arrested under this section shall be paid by the plaintiff. (4) Such payment shall be at a daily rate as the court may from time to time direct, and shall be made to the gaoler or keeper of the prison by monthly payments, in advance before the first day of each month, the first payment to be made for such portion of the current month as may remain unexpired before the defendant is imprisoned. (5) The money so disbursed may be added to the costs of a decree, and be recovered by the plaintiff, unless the court shall otherwise order. (6) The court may release the person so imprisoned on failure by the plaintiff to pay the subsistence.