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10. If it shall appear to the Court that there is reasonable ground for supposing that the decree, in satisfaction of which the sale of the property is applied for, was obtained by fraud or other improper means, the Court may refuse to allow the property to be sold in exccution, or may stay the proceedings for a reasonable time to enable the plaintiff in the pending suit to adopt proceedings to set aside the decree.
Injunctions.
XVIII. In any suit in which it shall be shown to the satisfaction of the Court that 1. C. 92-94. 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 injunc tion to such party, commanding him to refrain from doing the particular act com- plained of, or to give such other orders 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 preserva- tion, or the better inanagement 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 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.
2. In any suit for restraining the defendant from the committal of any breach of con- tract or other injury, and whether the same be accompanied with any claim for damages or not, it shall be lawful for the plaintiff, at any time after the cominencement 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 same property or right; and such injunction may be granted by the Court on such terms as to the duration of the injunction, keeping an account, giving security, or otherwise, as to such Court shall seem reasonable and just, and in case of disobedience, such injunction may be enforced by imprisonment in the same manner as a decree for specific performance: Provided always that any order for an injunction may be discharged or varied, or set aside by the Court, on application made thereto by any party dissatisfied with such order.
3. The Court may in every case before granting an injunction direct such reasonable notice of the application for the same to be given to the opposite party as it shall see fit.
4. If it shall appear to the Court that the injunction was applied for on insufficient grounds, or if the claim 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 in its decree such sum, not exceeding one thousand Dollars, as it may deem a reasonable compensation to the defendant for the expense or injury occasioned to him by the issue of the injunction: 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 the issue of the injunction.
Detention of Ships.
XIX. On the application of any plaintiff, it shall be lawful for the Court, if it S. R. 179. shall in its discretion think fit, by warrant under the seal of the Court, to stop the clearance or to order the arrest and detention by the Sheriff of any ship about to leave the Colony (other than a ship enjoying immunity from civil process) and such clearance shall be stopped or the ship arrested and detained accordingly: Provided always that no such warrant shall be issued unless the application for the issue thereof shall be supported by an affidavit of the facts, and the provisions of the last preceding section as to notice and compensation in relation to the granting of injunctions shall apply to the granting of a warrant for the arrest and detention of a ship under this section.
c. L. P. A. 1860,
(11)
CHAPTER III.
RELIEF FROM ADVERSE CLAIMS-DEATH, MARRIAGE, OR BANKRUPTCY OF PARTIES.
Relief from Adverse Claims,
XX. Upon application made on behalf of any defendant, and supported by 94 & 20 Vie, e. 120. affidavit showing that such defendant does not claim any interest in the subject matter of the suit, but that the right thereto is claimed or supposed to belong to some other party who has sued or is expected to sue for the same, and that such defendant does not in any manner collude with such other party, but is ready to bring into Court or to pay or dispose of the subject matter of the suit in such manner as the Court or any Judge thereof may direct, it shall be lawful for the Court in all suits or proceed- ings whatsoever and although the titles of the claimants have not a common origin but are adverse to and independent of one another, to make rules and orders calling upon such other party to appear and to state the nature and particulars of his claim and ruaintain or relinquish the same, and if he maintains it, to make himself defendant in the same suit; or with the consent of the plaintiff, and such other party, may dispose of the question between them in a summary manner. The Sheriff may obtain relief under this section if the adverse claimants have given him notice of their claims though none of them may have commenced proceedings.
I. C. 00-106.
Death of Parties.
XXI. The death of a plaintiff or defendant shall not cause the suit to abate if the cause of action survive.
2. If there be two or more plaintiffs or defendants, and one of them die, and if the cause of action survive to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, and against the surviving defendant or defendants.
3. If there be two or more plaintiffs, and one of them die, and if the cause of action shall not survive to the surviving plaintiff or plaintiffs alone, but shall survive to them and the legal representative of the deceased plaintiff jointly, the Court may, on the application of the legal representative of the deceased plaintiff, enter the name of such representative in the register of the suit in the place of such deceased plaintiff, and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, and such legal representative of the deceased plaintiff. If no application shall be made to the Court by any person claiming to be the legal representative of the deceased plain- tiff, the suit shall proceed at the instance of the surviving plaintiff or plaintiffs; and the legal representative of the deceased plaintiff shall be interested in and shall be bound by the judgment given in the suit in the same manner as if the suit had proceeded at his instance conjointly with the surviving plaintiff or plaintiffs.
4. In case of the death of a sole plaintiff or sole surviving plaintiff, the Court may, on the application of the legal representative of such plaintiff, enter the name of such representative in the place of such plaintiff in the register of the suit, and the suit shall thereupon proceed; if no such application shall be made to the Court within what it may consider a reasonable time by any person claiming to be the legal representative of the deceased sole plaintiff or sole surviving plaintiff, it shall be com- petent to the Court to pass an order that the suit shall abate, and to award to the defendant the reasonable costs which he may have incurred in defending the suit, to be recovered from the estate of the deceased sole plaintiff or surviving plaintiff; or the Court
may, if it think proper, on the application of the defendant, and upon such terms as to costs as may seem fit, pass such other order for bringing in the legal represent- ative of the deceased sole plaintiff or surviving plaintiff, and for proceeding with the suit in order to a final determination of the matters in dispute, as may appear just and proper in the circumstances of the case.
5. If any dispute arise as to who is the legal representative of a deceased plaintiff, it shall be competent to the Court either to stay the suit until the fact has been duly determined in another suit, or to decide at or before the hearing of the suit who shall be admitted to be such legal representative for the purpose of prosecuting the suit.
6. If there be two or more defendants, and one of them die, and the cause of action shall not survive against the surviving defendant or defendants alone, and also in case of the death of a sole defendant, or sole surviving defendant, where the action survives, the plaintiff may make an application to the Court, specifying the name, description, and place of abode of any person whom the plaintiff alleges to be
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