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THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.
Attachment.
8. If it shall appear to the Court that the Attachment was Compensation applied for on insufficient Grounds, or if the Suit of the Plaintiff for needless is dismissed, or Judgment is given against him by Default or otherwise, and it shall appear to the Court that there was no probable Ground for instituting the Suit, the Court may (on the Application of the Defendant) award against the Plaintiff such Amount, not exceeding the Sum of One thousand Dollars, as it may deem a reasonable Compensation to the Defendant for the Expense or Injury occasioned to him by the Attachment of his Property: Provided that the Court shall not award a larger Amount of Compensation under this Section than it is competent Limit thereof. to such Court to decree in an Action for Damages. An Award of Compensation under this Section shall bar any Suit for Damages in respect of such Attachment.
Injunctions.
Alienation.
XVIII. In any Suit in which it shall be shown to the Satisfac- To stay Waste," tion of the Court that any Property which is in dispute in the Damage, or Suit is in danger of being wasted, damaged, or alienated by any Party to the Suit, it shall be lawful for the Court to issue an Injunction to such Party, commanding him to refrain from doing the particular Act complained of, or to give such other Order for the Purpose of staying and preventing him from wasting, da- maging, or alienating the Property, as to the Court may seem meet, and in all Cases in which it may appear to the Court to be necessary for the Preservation, or the better Management or Custody of any Property which is in dispute in a Suit, it shall be lawful for the Court to appoint a Receiver or Manager of such Property, Appointment and, if need be, to remove the Person in whose Possession or of Receiver or Custody the Property may be from the Possession or Custody
Manager. thereof, and to commit the same to the Custody of such Receiver or Manager, and to grant to such Receiver or Manager all such Powers for the Management or the Preservation and Improve- ment of the Property, and the Collection of the Rents and Profits thereof, and the Application and Disposal of such Rents and Pro- fits, as to the Court may seem proper.
2. In any Suit for restraining the Defendant from the Com- To restrain mittal of any Breach of Contract or other Injary, and whether Breach of
Contract or the same be accompanied by any Claim for Damages or not, it shall be lawful for the Plaintiff, at any Time after the Com- Continuance
Repetition or mencement of the Suit, and whether before or after Judgment, of Breach. to apply to the Court for an Injunction to restrain the Defendant from the Repetition, or the Continuance of the Breach of Con- tract or wrongful Act complained of, or the Committal of any Breach of Contract or Injury of a like kind arising out of the same Contract or relating to the same Property or Right; and such Injunction may be granted by the Court on such Terms as to the Duration of the Injunction, keeping an Account, giving Security, or otherwise, as to the Court shall seem reasonable and just, and in Case of Disobedience, such Injunction may be enforced by Imprisonment in the same Manner as a Decree for specific Performance: Provided always that any Order for an Injunction may be Discharged or varied, or set aside by thie Court, on Application made thereto by any Party dissatisfied with such Order.
3. The Court may in every Case before granting an Injunc- Notice of tion direct such reasonable Notice of the Application for the same Application. to be given to the opposite Party as it shall see fit.
Issue of
4. If it shall appear to the Court that the Injunction was Compensation applied for on insufficient Grounds, or if the Claim of the Plain- for needless tiff is dismissed, or Judgment is given against him by Default or Injunction. otherwise, and it shall appear to the Court that there was no probable Ground for instituting the Suit, the Court may (on the Application of the Defendant) award against the Plaintiff such Suin, not exceeding One thousand Dollars, as it may deem a reasonable Compensation to the Defendant for the Expense or Injury occasioned to him by the Issue of the Injunction: Provided Limit thereof. that the Court shall not award a larger Amount of Compensation under this Section than it is competent to such Court to decree in an Action for Damages. An Award of Compensation under this Section shall bar any Suit for Damages in respect of the Issue of the Injunction.
Detention of Ships.
XIX. Where the extreme Urgency or other peculiar Cir- In what Cases, cumstances of the Case appear to the Court so to require, it shall
be lawful for the Court on the Application of any Plaintiff or Application for of its own Motion, by Warrant under the Seal of the Court, to Warrant. stop the Clearance or to order the Arrest and Detention by the Sheriff of any Ship about to leave the Colony (other than a Ship enjoying Immunity from Civil Process) and such Clearance
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