Directory_and_Chronicle_1896 — Page 338

Limit thereof.

To stay Waste, Damage, or Alienation.

208

CODE OF CIVIL PROCEDURE-HONGKONG

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 occasioned to him by the attachment of his property: 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 or compensation under this section shall bar any suit for damages in respect of such attachment.

Injunctions.

XVIII. In any suit in which it shall be shown to the satisfaction of the Court that any property which is in dispute in the suit is in danger of 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 appoint a Appointment of receiver or manager of such property, and, if need be, to remove the person in whose possession or custody the property may be from the possession 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

Manager.

To restrain Breach of Contract or Repetition or Continuance of Breach.

Notice of Application,

Compensation

for needless Issue of Injunction.

2.-In any suit for restraining the defendant from the committal of any breach of contract or other injury, and whether the same be accom- panied by any claim for damages or not, it shall be lawful for the plain- tiff, at any time after the commencement of the suit, and whether before 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 contract 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 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- 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 Court to decree in an action for damages. An