Directory_and_Chronicle_1889 — Page 941

CODE OF CIVIL PROCEDURE-HONGKONG,

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same property or right: and such injunction may be granted by the Court on such terms as to the duration of the injunction, ke ping an account, ving security, or otherwise, as to the Court shail seem reasonable and just, and in case of disobedˇence, such injunction may be enforced by imprison- ment in the same manner as a decrée for specific performance: Provided always that any order for an injunction may be discharg d ́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 injunétion direct Notice of such reasonable notice of the application for the same to be given to the Application, opposite party as it shall see fit.

1

for need ess

4.- It it shall app ar to the Court that the injunction was applied for Compensation en insutleient grounds, or if the claim of the paint is dismissed, or I of judgment is given against him by default or otherwise, and it shall appear injunction. to the Court that there was no probabic ground for instuuting the suit, the Court may (on the applica ion of the defendes to award against the platariff such 'sum, not exce ding one tho sque' dollars, as it may deem a reasonable compensation to the defendant for the exper se or injury orea- Limit thereof 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 Cut to decree in an action for dan as. award of compensation un ler this section shall bar any sup for damages in respect of the issue of the injunction.

Detention of Slips.

An

W.rrant.

XIX. --Where the extreme urgency or other peculiar circumstances In what Cases, of the case appear to the Court so to requise, it sha1 be lawful for the Court on the application of any plaintiff or of its own motion, by warrant Application for under the seal of the Court, to stop the clearance or to order the arrest and det ntion by the sheriff of any ship about to leave the colony (other than a ship enjoying immunity from civil proces) and such clearance shall be stopped or the ship arrested and detaine Laccordingly: Provided always that Lo such warrant shall be issued at the i: stance of any plaintiff unless the application for the issue thereof shall be supported by an affidavit of

the facts.

for needless

2.-If it shall appear to the Court that the warrant was applied for Compensation on insufficient grounds, or if the suit of the plaintiff is dismissed, or judg- issue thereof. 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 hundred dollars, as it may deem a reasonable compensation Limit thereof, for the expense or injury occasioned by the issue of the warrant, and such compensation shall e 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 Release of Ship. section upon such terms as it shall deem reasonable.

CHAPTER III-RELIEF FROM ADVERSE CLAIMS-DEATH, MARRIAGE, Interpleader.

OR BANKRUPTCY OF PARTIES.

Rebef from Adverse Claims.

XX. Upon application made on behalf of any defendant, and sup- ported by affidavit stowing that such defendant does not claim any interest in the subject matter of the suit, but that the right thereto is claimed, or