Directory_and_Chronicle_1885 — Page 812

CODE OF CIVIL PROCEDURE HONGKONG.

111

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 dis- pose of the subject matter of the suit in such manner as the Court or any judy» thereof may diret, it shall be lawful for the Court in all suits or proceedings 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 abitain or relinquish the same, and if h Saintems it, to make himself defendant in the same suit; or with the ant at the plaintiff and such other pay, may dispose of the {{ ation between thong lata summary man The sheriff may obtain

relief unde, this so far it the adverse claimants have given him notice of their chains, thrush none of ( may have commen procce lings.

1.

Parties

XXI. The bon how a plaintiff or defendant shall not use the suit When Suit not

abated. to abate if the cat si velúr eurvive.

2. Il Given by

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ין.

of action

plaiutiffs or defendants, and one of them When Cause die, and if the aerodantha cive to the surviving plaintiff or plaintiffs dnevis long defendant ne de'cadants alone, the suit 1. i.

the surviving plaintiff or plaintiffs, and nt or defendants.

alone, or

shall : r-

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agerst the sÚPAILIJA

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3. If thereby ta

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Wuen Causa

of Action Bomen to

vere plaùntiffs, and one of them die, and if the cause of action shat are alike" to the surviving plaintiff or plaintiffs alone, but shall survive to the enl tla. legal representative of the deceased Sunity.rs, $0. plaintiff jointly, the Court wy, on the yiplicafi of the legal representa- tive of the dewasal plabant, enter the name of such representative in the register of the suit là 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 decase-1 plaintiff. If no application small be made to the Court by any jetson claiming to be the legal representative of the deceased plaintiff, the suit shall proceed at the instance of the sur- viving plaintiff or plaintiffs; and the legal representative of the deceasel 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 procceded at his instance conjointly with the surviving plaintiff or plaintiffs.

A

or surviving

4. In case of the death of a sole plaintiff, or sole surviving plaintiff, Death of sele the Court may, on the application of the legal representative of such Platf plaintiff, enter the nam› 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 nice 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 of surviving plaintiff; or the Court may, if it thin 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 representative 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 circunstances of the case.

to legal Re

5.-If any dispute arise as to who is the legal representative of a Dispute deceased plaintiff, it shall be competent to the Court either to stay the presentative, 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.

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