CODE OF CIVIL PROCEDURE-HONGKONG.
109
fendant fails
4.-If the defendant fail to show such cause or to furnish the requi- Where De- red security within the time fixed by the Court, the Court may direct that to show Cause, the property specified in the application, if not already attached, or such portion thereof as shall be sufficient to fulfil the decree, shall be attached until further order. If the defendant show such cause or furnish the required security, and the property specified in the application, or any portion of it shall have been attached, the Court shall order the attachment to be withdrawn.
5. The attachment shall be made according to the nature of the How made. property to be attached, in the manner hereinafter prescribed for the attachment of property in execution of a decree for money.
Parties and
6.--The attachment shall not affect the rights of persons not parties Rights of third to the suit, and in the event of any claim being preferred to the property claims to attached before judgment, such claim shall be investigated in the manner Property hereinafter prescribed for the investigation of claims to property attached in execution of a decree for money.
attached.
7.--In all cases of attachment before judgment, the Court shall at Removal of any time remove the same, on the defendant furnishing security as above Attachment. required, together with security for the costs of the attachment.
for needless
8.—If it shall appear to the Court that the attachment was applied Compensation for on insufficient grounds, or if the suit of the plaintiff is dismissed, or Attachment. 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 Limit thereoĽ this section than it is competent to such Court to decrce 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 satisfaction of To stny Waste, the Court that any property which is in dispute in the suit is in danger of Damage, or 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, damaging, 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, and if need be, to remove the person Appointment in whose possession or custody the property may be from the possession or custody 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 improvement of the property and the collection of the rents and profits thereof, and the application and disposal of such rents and profits, as to the Court may seem proper.
Receiver or Manager
Breach of
Continuance
2.-In any suit for restraining the defendant from the committal of To restrain any breach of contract or other injury, and whether the same be accom- Contract or panied by any claim for damages or not, it shall be lawful for the Repetition or plaintiff, at any time after the commencement of the suit, and whether before of Breach, or after judgment, to apply to the Court for an injunction to restrain the defendant from the repetition or the continuance of the breach of contract 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
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