Directory_and_Chronicle_1896 — Page 339

CODE OF CIVIL PROCEDURE-HONGKONG

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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 In what Cases. of the case appear to the Court so to require, it shall 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 Warrant. and detention by the bailiff 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: Provided 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.

Issue thereof.

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- for needless 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 Limit thereof. 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,

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OR BANKRUPTCY OF PARTIES.

Relief from Adverse Claims.

interest

XX. Upon application made on behalf of any defendant, and sup- Interpleader. ported by affidavit showing that such defendant does not claim any 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 sus for the same, and that such defendant does not in any manner 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 à 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; or with the consent of the plaintiff and such other party, may dispose of the question between them in a summary manner. The bailiff 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.

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 Action survives. 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.