Directory_and_Chronicle_1901 — Page 374

When Cause of

Action accrues to Survivors, &c.

Death of sole or surviving Plaintiff,

Dispute as to

tative.

316

CODE OF CIVIL PROCEDURE-HONGKONG

3. If there be two or more plaintiffs, and one of them die, and if the cause of action shall not survive to the surviving plaintiff or plaintiffs 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- tivo of deceased plaintiff, enter the name of such representative in the register 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 shall 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 plaintiffs.

4. In case of the death of a sole plaintiff, or sole surviving plaintiff, the Court may, on the application of the legal representative of such plaintiff, enter the name of such representative in the place of such plaintiff in the register of the suit, and the suit shall thereupon 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 legal representative of the deceased sole plaintiff or sole surviving plaintiff, it shall be competent to the Court to make an order that the suit shall 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 deceased 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.

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

Death of one of

6. If there be two or more defendants, and one of them die, and the several Defend cause of action shall not survive against the surviving defendant or Or surviving De. defendants alone, and also in case of the death of a sole defendant, or sole

ants or of a sole

fendaut.

When not to abate the Suit.

surviving defendant, where the action survives, the plaintiff may make an application to the Court, specifying the name, description, and place of abode 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 of 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 been a party to the former proceedings in the suit.

Marriage of Parties

XXII. The marriage of a female plaintiff, or defendant, shall not cause the suit to abate, but the suit may notwithstanding be proceeded with to judgment, and the decree thereupon may be executed upon the wife alone; and if the case is one in which the husband is by law liable for the debts of his wife, the decree may, by leave of the Court, be executed against the husband also; and in case of judgment for the wife, execution of the decree may, by leave of the Court, be issued upon the application