Directory_and_Chronicle_1893 — Page 329

CODE OF CIVIL PROCEDURE—HONGKONG

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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 When Suit not to abate if the cause of action survive.

abated.

Action survives.

2. If there be two or more plaintiffs or defendants and one of them When Cause of 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.

Action accrues to

3.-If there be two or more plaintiffs, and one of them die, and if the When Cause of cause of action shall not survive to the surviving plaintiff or plaintiffs survivors, &c. alone, but shall survive to them and the legal representative of the deceased plaintiff jointly, the Court may, on the application of the legal representa- tive of 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 sur- viving plaintiff or plaintiffs; and the legal 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.

Plaintiff.

4.-In case of the death of a sole plaff, or sole surviving plaintiff, Death of sole the Court may, on the application of the legal representative of such or surviving) 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 plaintiff; or the Court may, it 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 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 circumstances of the case.

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

legal Represen.. the tative. 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 legal representative for the purpose of prosecuting the suit.

ants or of a sole

6. If there be two or more defendants, and one of them die, and the Death of one of cause of action shall not survive against the surviving defendant or several Defend defendants alone, and also in case of the death of a sole defendant, or sole or surviving De- surviving defendant, where the action survives, the plaintiff may make an fendant. application to the Court, specifying the name, description, and place of abode of any person whom the plaintiff alleges to be the legal representa- tive of such defendant, and whom he desires to be made the defendant in his stead; and the Court shall thereupon. enter the name of such repre- sentative in the register of the suit in the place of such defendant, and shal issue an order to him to appear on a day to be therein mentioned to