Directory_and_Chronicle_1892 — Page 345

Notice of Application.

Compensation

for needless Issue of Injunction.

Limit thereof.

In what Cases.

Warrant.

286

CODE OF CIVIL PROCEDURE-HONGKONG

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 Ship.

XIX.-Where the extreme urgency or other peculiar circumstances of the case appear to the Court s 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 colony (other than a ship enjoying immunity from civil process) and such clearance shall be stopped or the ship arrested and detained accordingly: Provide 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 nay 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 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 manuer 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 judge thereof may direct, 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 maintain or relinquish the same, and if he maintains it, to make himself defendant in the same suit;

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