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478
THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.
Compensation for needless Issue thereof.
shall be stopped, or the Ship arrested and detained accordingly: Provided always that no such Warrant shall be issued at the instance of any Plaintiff unless the Application for the Issue thereof shall be supported by an Affidavit of the Facts.
2: If it shall appear to the Court that the Warrant was applied for on insufficient Grounds, or if the Suit of the Plaintiff is dis- missed, 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 award against the Plaintiff such Amount, not exceeding the Sum of One thousand Dollars, as it may deem a reasonable Compensation for the Ex- pense or Injury occasioned by the issue of the Warrant and such Compensation shall be paid to such Parties as the Court shall Limit thereof. direct: Provided 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 Com- pensation under this Section shall bar any Suit for Damages in respect of such Detention a Ship.
Release of Ship.
3. The Court may at any Time release a Ship detained under this Section upon such Terms as it shall deem reasonable.
Iuterpleader.
When Suit not abated.
When Cause of Action survives.
When Cause of Action acerues to
Survivors, &c.
Death of sole
CHAPTER III.
RELIEF FROM ADVERSE CLAIMS-DEATH, MARRIAGE, OR BANKRUPTCY OF PARTIES.
Relief from Adverse Claims.
XX. Upon Application made on behalf of any Defendant, and supported by Affidavit showing that such Defendant does not claim any Interest in the Subject Matter of the Suit, but that the Right thereto is claimed, or supposed to belong to some other Party who has sued or is expected to sue for the same, and that such Defendant does not in any Manner collude with such other Party, but is ready to bring into Court, or to pay or dispose of the Subject Matter of the Suit in such Manner as the Court or any Judge thereof may direct, it shall be lawful for the Court in all Suits or Proceedings whatsoever and although the Titles of the Claimants have not a common Origin but are adverse to and independent of one another, to make Rules and Orders calling upon such other Party to appear and to state the Nature and Particulars of his Claim and maintain or relinquish the same, and if he maintains it, to make himself Defendant in the same Suit; or with the Consent of the Plaintiff and such other Party, may dispose of the Question between them in a summary Manner. The Sheriff may obtain Relief under this Section if the adverse Claimants have given him Notice of their Claims though none of them may have commenced Proceedings.
Death of Parties.
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XXI. The Death of a Plaintiff or Defendant shall not cause the Suit to abate if the Cause of Action survive.
2. If there be two or more Plaintiffs or Defendants, and one of them die, and if the Cause of Action survive to the surviving Plaintiff or Plaintiffs alone, or against the surviving Defendant or Defendants alone, the Suit shall proceed at the Instance of the surviving Plaintiff or Plaintiffs, and against the surviving Defendant or Defendants.
3. If there be two or more Plaintiffs, and one of them die, and if the Cause of Action shall not survive to the surviving Plaintiff or Plaintiffs alone, but shall survive to them and the legal Representative of the deceased Plaintiff jointly, the Court may, on the Application of the legal Representative of the deceased Plaintiff, enter the Name of such Representative in the Register of the Suit in the Place of such deceased Plaintiff, and the Suit shall proceed at the Instance of the surviving Plaintiff or Plaintiffs, and such legal Representative of the deceased Plaintiff. If no Application shall be made to the Court by any Persou claiming to be the legal Representative of the deceased Plaintiff, the Suit shall proceed at the Instance of the surviving Plaintiff or Plaintiffs; and the legal Representative of the deceased Plaintiff shall be interested in and shall be bound by the Judgment given in the Suit in the same Manner as if the Suit had proceeded at his Instance conjointly with the surviving Plaintiff or Plaintiffs.
4. In Case of the Death of a sole Plaintiff or sole surviving or surviving Plaintiff, the Court may, on the application of the legal Representative of such Plaintiff, enter the Name of such Representative in the Place of such Plaintiff in the Register of
Plaintif