Where De- fendant fails
to show Cause.
How made.
Rights of third Parties and
Claims to Property attached.
Removal of attachment.
Compensation for needless Attachment.
Limit thereof.
To stay Waste, Damage, or Alienation.
116
CODE OF CIVIL PROCEDURE-HONGKONG.
4.—If the defendant fail to show such cause or to furnish the requi- red security within the time fixed by the Court, the Court may direct that 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specified in the application, or any portion of it shall have been attached, the Court shall order the attachment to be withdrawn.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 property to be attached, in the manner hereinafter prescribed for the attachment of property in execution of a decree for money.
6. The attachment shall not affect the rights of persons not parties to the suit, and in the event of any claim being preferred to the property attached before judgment, such claim shall be investigated in the manner hereinafter prescribed for the investigation of claims to property attached in execution of a decree for money.
7.-In all cases of attachment before judgment, the Court shall at any time remove the same, on the defendant furnishing security as above required, together with security for the costs of the attachment.
8.--If it shall appear to the Court that the attachment was applied for on insufficient grounds, or if the suit of the plaintiff 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 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.
XVIII.-In any suit in which it shall be shown to the satisfaction of the Court that any property which is in dispute in the 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 hi 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 Appointment of receiver or manager of such property, and, if need be, to remove the person 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.
To restrain Breach of Contract or
Repetition or Continuance of Breach.
2.-In any suit for restraining the defendant from the committal of any breach of contract or other injury, and whether the same be accom- panied by any claim for damages or not, it shall be lawful for the plain- tiff, at any time after the commencement of the suit, and whether before 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