Directory_and_Chronicle_1894 — Page 322

CODE OF CIVIL PROCEDURE-HONGKONG

285

5.—The attachment shall be made according to the nature of the How made. property to be attached, in the manner hereinafter prescribed for the attachment of property in execution of a decree for money.

Parties and

6. The attachment shall not affect the rights of persons not parties Rights of third to the suit, and in the event of any claim being preferred to the property claims to attached before judgment, such claim shall be investigated in the manner Property bereinafter prescribed for the investigation of claims to property attached in execution of a decree for money.

attached.

attachment.

7. In all cases of attachment before judgment, the Court shall at Removal of any time remove the same, on the defendant furnishing security as above required, together with security for the costs of the attachment.

for needless

8.-If it shall appear to the Court that the attachment was applied Compensation for on insufficient grounds or if the suit of the plaintiff is dismissed, or attachment. 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 amount, not exceeding the sum of one thousand dollars, as it may deem a reasonable compensation to the defendant for the expense or injury occasione.l to him by the attachment of his property: Provided that the Cout 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 or compensation under this section shall bar any suit for damages in respect of such attachment.

Injunctions.

Limit thereof.

XVIII.—In any suit in which it shall be shown to the satisfaction of To stay Waste, the Court that any property which is in dispute in the suit is in danger of Alienation.

Damage, or being wasted, damaged, or alienated by any party to the suit, it shall be lawful for the Court to issue an injunction to such party, commanding him 10 refrain from doing the particular act complained of, or to give such other order for the purpose of staying and preventing him from wasting, damaging, or alienating the property, as to the Court may seem meet, and in all cases in which it may appear to the Court to be necessary for the preservation or the better management or custody of any property which is in dispute in a suit, it shall be lawful for the Court to a point a receiver or manager of such property, and, if need be, to remove the person Appointment of in whose possession or custody the property may be from the possession Manager. or custody thereof, and to commit the same to the custody of such receiver or manager, and to grant to such receiver or manager all such powers for the management or the preservation and improvement of the property and the collection of the rents and profits thereof, and the application and disposal of such rents and profits, as to the Court may seem proper.

Receiver or

Breach of

Continuance

2.-In any suit for restraining the defendant from the committal of To restrain any breach of contract or other injury, and whether the same be accom- Contract or panied by any claim for damages or not, it shall be lawful for the plain- Repetition or tiff, at any time after the commencem nt of the suit, and whether before of Broach. or after judgment, to apply to the Court for an injunction to restrain the defendant from the repetition or the continuance of the breach of contract or wrongful act complained of, or the committal of any breach of conꞌract or injury of a like kind arising out of the same contract or relating to the 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 reasonab e and just, and in case of disobedience, such injuuction may be enforced by impr son- 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.