Directory_and_Chronicle_1898 — Page 364

CODE OF CIVIL PROCEDURE-HONGKONG

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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 t may deem a reasonable compensation to the defendant for the expense

r injury occasioned to him by the attachment of his property: Provided Limit thereof. 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 stit for dan ages in respect of such attachment.

Injunctions

Alienation.

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 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 appoint 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 sit for restraining the defendant from the committal of To restrain any breach of contract or other injury, and whether the same be accom- Cntract 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 Breach. 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 b. any party dis- satisfied with such order.

3.-The Court may in every case before granting an injunction direct Notice of such reasonable notice of the application for the same to be given to the Application. opposite party as it shall see fit.

needless

Issue of

4.-If it shall appear to the Court that the injunction was applied for Compensation on insufficient grounds, or if the claim of the plaintiff is dismissed, or for need judgment is given against him by default or otherwise, and it shall appear Injunction. 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 Limit thereof. 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

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