Directory_and_Chronicle_1898 — Page 366

CODE OF CIVIL PROCEDURE-HONGKONG

309

3.-If there be two or more plaintiffs, and one of them die, and if the When Cause of. ause 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- ive of deceased plaintiff, enter the name of such representative in the gister 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 soull 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 plain iffs.

Plaintif

4.-In case of the dea h of a sole plaintiff, or sole surviving plaintiff, Death of sole the Court may, on the a, plication of the legal representative of such or surviving plaintiff, enter the name of such representative in the place of such plaintiff in the egister of the suit, and the suit shall thereupou 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 1 gal representa ize of the deceased sole plaintiff or sole surviving plaintiff, it shall be competent to the Court to make an order that the suit s all 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, if 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 deccased 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.

tutive.

5.-If any dispute arise as to who is the legal representative of a Dispute as to deceased paintiff, it shall be competent to the Court either to stay the legal Represen. suit until the fact has been du y 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

fendant.

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 sets or of a sole 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 application to the Court, specifying the name, description, and place of alode 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 o: such defendant, and shall issue an order to him to appear on a day to be therein mentioned to defend the suit; and the case shall thereupon proceed in the same manner as if such representative had originally been made a defendant, and had len a party to the fo.mer proceedings in the suit.

Marriage of Parties

abate the Suit.

XXII.--The marriage of a female plai, tiff, or defendant, shall not When not to cause the suit to abate, but the suit may notwithstanding be proceeded with to judgment, and the decree thereupon may be executed upon the wile alone; and if the case is one in which the husband is by law liable for the debts of his wife, tho decrce may, by leave of the Court, be executed against the husband also; and in case of judgment for the wife, xecution of the decree may, by leave of the Court, be issued upon the applicati n

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