LAW AMENDMENT.
No. 2 of 1901.
1131
if the debtor, trustee, or other person liable in respect of such debt or chose in action has had notice that such assignment is disputed by the assignor or any one claiming under him or of any other opposing or conflicting claims to such debt or chose in action, he shall be entitled to call upon the several persons making claim thereto to interplead concerning the same, or he may pay the same into the Court under and in conformity with the provisions of any Ordinance relating to trustees.
1901.]
not of the essence of
10. Stipulations in contracts, as to time or otherwise, which would not, before the commencement of the Hongkong Code of Civil Procedure, have been deemed to be or to have become of the essence of such contracts in the Court in its equitable jurisdiction shall receive in the Court the same construction and effect as they would formerly have received in equity.
136&37 Vict. c. 66 s. 25 cf. No. 3 of 1901 s. 2.
11. (1) A mandamus or an injunction may be granted, or a receiver appointed, by an interlocutory order of the Court in all cases in which it may appear to the Court to be just or convenient that such order should be made; and any such order may be made either unconditionally or on such terms and conditions as the Court may think just.
(2) If an injunction is asked, either before, or at, or after the trial or hearing of any cause or matter, to prevent any threatened or apprehended waste or trespass, such injunction may be granted, if the Court thinks fit, whether the person against whom such injunction is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title; and whether the estates claimed by both or by either of the parties are legal or equitable.
[s. 12, rep. No. 43 of 1912 Supp. Sched.]
13. In questions relating to the custody and education of infants, the rules of equity shall prevail.
14. Generally, in all matters not particularly mentioned in sections 4 to 13, in which there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail.
*As amended by No. 50 of 1911.
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LAW AMENDMENT.
No. 2 of 1901.
1131
if the debtor, trustee, or other person liable in respect of such debt or chose in action has had notice that such assignment is disputed by the assignor or any one claiming under him or of any other op- posing or conflicting claims to such debt or chose in action, he shall be entitled to call upon the several persons making claim thereto to interplead concerning the same, or he may pay the same into the Court under and in conformity with the provisions of any Ordinance lef. No. 5 of relating to trustees.
1901.]
not of the
essence of
10. Stipulations in contracts, as to time or otherwise, which Stipulations would not, before the commencement of the Hongkong Code of Civil Procedure, have been deemed to be or to have become of the contracts. essence of such contracts in the Court in its equitable jurisdiction c. 66 s. 25 shall receive in the Court the same construction and effect as they would formerly have received in equity.
136&37 Vict.
cf. No. 3 of 1901 s. 2.
11. (1) A mandamus or an injunction may be granted, or a re- Mandamus,
injunction, ceiver appointed, by an interlocutory order of the Court in all cases and receiver. in which it may appear to the Court to be just or convenient that [ib.s. 25 (8).] such order should be made; and any such order may be made either unconditionally or on such terms and conditions as the Court may think just.
(2) If an injunction is asked, either before, or at, or after the trial or hearing of any cause or matter, to prevent any threatened or apprehended waste or trespass, such injunction may be granted, if the Court thinks fit, whether the person against whom such injunc- tion is sought is or is not in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title; and whether the estates claimed by both or by either of the parties are legal or equitable.
[s. 12, rep. No. 43 of 1912 Supp. Sched.]
13. In questions relating to the custody and education of infants, Custody and the rules of equity shall prevail.
education of infants. [ib. s. 25 (10).]
between
14. Generally, in all matters not particularly mentioned in sec- General rule tions 4 to 13, in which there is any conflict or variance between the as to conflict rules of equity and the rules of the common law with reference to equity and the same matter, the rules of equity shall prevail.
*As amended by No. 50 of 1911.
law. [ib. s. 25 (11).]
*
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