Directory_and_Chronicle_1879 — Page 614

#124

CODE OF CIVIL PROCEDURE-HONGKONG.

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 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 proceedings whatsoever, and althongh 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 maintain 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.

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 plaintiff, the suit shall proceed at the instance of the surviving plaintiff or plaintiffs; and the loyal 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 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 competent to the Court to make 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 piniutiff; 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, make such other order for bringing in the legal representatives 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