Where De- fendant fula
to show Cause
How made.
Right of third Parties and
Claim to Property attached.
Removal of attachment.
Compensation for nee leas Attachment
Limit thereof.
To stay Waste, Damage, or Alienation.
116
CODE OF CIVIL PROCEDURE-HONGKONG.
4.-It 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 amplicition, if not already atelied, or such portion thereof as shall be suiffè ent to fulfil the decree, shall be attached until further order. If the defendant show such cause or jurish the required security, and the property specified in the application, or any portion oïat -lall bave been attacled, the Court shall order the attachment to be withdrawn.
5.--The attachment shall be made according to the nature of the property to le attached, in the warmer heroinauter prescribed for the at achment of property in «xecution of a deer e for moacy,
$
6.-- The attachment shall not affect the rights of persons not parties to the suit, and in the veut of any clann being preferred to the property attached before judgment, such claim shall be investigated in the unnner hereinafter pro ser bed 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 insuflicient grounds, or if the suit of the plaintiff is dismis d, or judgment is given against him by defadt 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 defendan') award against the plaintiff such amount, Lot exceeding the sum of one housand dollars, as it my deem a reasonable compersation to the defendant for the expense or injury occasionel to him by t'e a tachment of his proper y: Provaled that the Court shall not award a larger amount of compensation under this section than it is competent to such Court to d erico in an action for damages. An award of com¡ oazacion under this section shall bar any suit for damages in respect of sigh attachment.
Lu'mwitons
XVIII. -In any suit in whic it shall be shown to the satis action of the Court that any property which is in dispute in the suit is in danger of being wasted, damaged, or aliens d by any party to the suit, it shall be lawful for the Court to isate ninja etion to such par y, commanding him to refrain from doing the gazetar act complained of, or to give such other order for the P 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 nangment 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 cust dy the property may be from the poss ssion 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
Receiver or
Manager.
To restrain
Breach
t
Contract or
Repetition or
Continuance of Breach.
•
vand
property
the collection of the rents and profils thereof, and the application and
disposal of such rents and profits, as to the Court may seem proper
any breach of contract or other injury, and whether the game bearin
2.-Iu any suit for restraining the defendant from the committal of 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 tue 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
to the