1320

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

said action on the application of the plaintiff, to be set aside, or any judgment which may be given in the said action to be reversed or varied, and if the plaintiff, his executors or administrators, shall thereupon forthwith pay or cause to be paid to the defendant, or his executors, administrators, or assigns, all such sums of money, damages, costs, and charges as the said Court may order and award on account of or in relation to the said action and the said writ of Foreign Attachment, or either of them, then this obligation shall be void; otherwise it is to remain in full force.

Signed, sealed, and delivered

in the presence of

[J. A. App., B, Part II, form 26.]

(1)

are.

(2) If the claim is in

I, C.D., of

as follows:--

FORM No. 40.

Affidavit on Interpleader.

(Signed.) A.B. [L.S.]

E.F. [L.S.]

[s. 526.]

Action No. of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and C.D., Defendant.

I, the defendant in this action, make oath and say

1. The writ of summons herein was issued on the day of 19, and was served on me on the day of 19.

2. The action is brought to recover

or said writing, make the writing an exhibit. (3) State expectation of suit, or that he has already sued.

interest therein.

5

The (1) in my possession, but I claim no

3. The right to the said subject-matter of this action has been and is claimed (2) by one who (3).

4. I do not in any manner collude with the said or with the above-named plaintiff, but I am ready to bring into Court or to pay or dispose of the said in such manner as the Court may direct.

Sworn, &c.

FORM No. 41.

[s. 567.]

Order for Issue of Warrant for Arrest of Absconding Defendant.

Action No. of 19

IN THE SUPREME Court of HONGKONG,

ORIGINAL JURISDICTION,

Between A.B., Plaintiff,

and C.D., Defendant.

filed the of 19

Upon the application of the plaintiff A.B., and upon hearing the solicitor for the said plaintiff, and upon reading the affidavit of 19, It is ordered that a warrant do issue to the Bailiff enjoining him to bring the defendant C.D. before the Court in order that he may show cause why he should not give security for his appearance to answer any judgment that may be given against him in this action; and it is further ordered that the Bailiff be authorised to release the said defendant upon payment by the said defendant to him of the sum of $, being the amount of the plaintiff's claim herein, together with the sum of $ for the costs of this action, and such sum as may be due to him for the execution of the warrant: and it is further ordered that, in default of such payment, the Bailiff shall detain the said defendant until the further order of the Court.

Dated the day of 19

Share This Page