AD. 1901.]
LAW AMENDMENT.
[No. 2.
651
entitled, if he thinks fit, to call upon the several persons making claim thereto to interplead concerning the same, or he may, if he thinks fit, pay the same into the Court under and in conformity with the provisions of any Ordinance for the time being in force relating to trustees.
10. Stipulations in contracts, as to time or otherwise, which would not, before the commencement of the Hongkong Code of Civil Procedure, have been deemed to be or to have become of the essence of such contracts in the Court in its equitable jurisdiction shall receive in the Court the same construction and effect as they would formerly have received in equity.
Sec Ordinance No. 5 of 1901.
Stipulations not of the essence of contracts.
36 & 37 Vict. c. 66 s. 25 (7.) Ordinance No.13 of 1873; not printed in this edition.
and receiver.
11.-(1.) A mandamus or an injunction may be granted, or a receiver appointed, by an interlocutory order of the Court in all cases in which it may appear to the Court to be just or convenient that such order should be made; and any such order may be made either unconditionally or on such terms and conditions as the Court may think just.
(2.) If an injunction is asked, either before, or at, or after the trial or hearing of any cause or matter, to prevent any threatened or apprehended waste or trespass, such injunction may be granted, if the Court thinks fit, whether the person against whom such injunction is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title; and whether the estates claimed by both or by either of the parties are legal or equitable.
12. In any cause or proceeding for damages arising out of a collision between two ships, if both ships are found to have been in fault, the rules in force in the Court in its Admiralty jurisdiction, so far as they are at variance with the rules in force in the Court in its common law jurisdiction, shall prevail.
Damages by collision between ships.
13. In questions relating to the custody and education of infants, the rules of equity shall prevail.
14. Generally, in all matters not particularly mentioned in sections 4 to 13, both inclusive, in which there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail.
Miscellaneous Provisions.
15. (1.) The Court may, in any civil cause or matter in which it may think it expedient to do so, call in the aid of one or more assessors specially qualified, and try and hear such cause or matter wholly or partially with their assistance.
Custody and education of infants. Ib. s. 25 (10.) General rule as to conflict between equity and law. Ib. s. 25 (11.)
Provision for sitting with assessors. Ib. s. 661
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