Directory_and_Chronicle_1886 — Page 820

Notice of Application.

Compensation for needlesg Issue of

Injunction.

Limit thereof.

In what Cases.

Warrant.

110

CODE OF CIVIL PROCEDURE-HONGKONG.

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 the Court shall seem reasonable and just, and in case of disobedience, such injunction may be enforced by imprison- ment 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 dis- satisfied 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 such sum, not exceeding one thousand dollars, as it may deem a reasonable compensation to the defendant for the expense or injury occa- sioned 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. Where the extreme urgency or other peculiar circumstances of the case appear to the Court so to require, it shall be lawful for the Application for Court, on the application of any plaintiff, or of its own motion, 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 coloný (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 at the instance of any plaintiff unless the application for the issue thereof shall be supported by an affidavit of the facts.

Compensation for needless Issue thereof.

Limit thereof,

Release of Ship.

Interpleader.

2. If it shall appear to the Court that the warrant was applied for on insufficient grounds, or if the suit of the plaintiff is dismissed, or judg. ment 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 award against the plaintiff such amount, not exceeding the sum of one thousand dollars, as it may deem a reasonable compensation for the expense or injury occasioned by the issue of the warrant, and such compensation shall be paid to such parties as the Court shall direct: 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 detention of a ship.

3.-The Court may at any time release a ship detained under this section upon such terms as it shall deem reasonable.

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 sup ported 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