694
No. 2 of 1901.
[cf. No. 18 of 1934.]
Stipulations not of the essence of contracts.
36 & 37 Vict. c. 66, s. 25 (7).
[cf. No. 3 of 1901, s. 2.]
Mandamus, injunction, and receiver.
36 & 37 Vict. c. 66, s. 25 (8). [cf. No. 3 of 1901, s. 270, and 15 & 16 Geo. 5, c. 49, s. 45.]
LAW AMENDMENT.
and all legal and other remedies for the same, and the power to give a good discharge for the same, without the concurrence of the assignor: Provided that 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.
10. Stipulations in contracts, as to time or otherwise, which would not, before the commencement of the Hong Kong 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.
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.
Rules of equity to prevail.
15 & 16 Geo. 5, c. 49, s...
12. Subject to the express provisions of any enactment, questions relating to the custody and education of infants and generally in all matters not particularly mentioned in this Ordinance, in which there was formerly or is any conflict or...
694
No. 2 of 1901.
[cf. No. 18 of 1934.]
Stipulations not of the essence of contracts.
36 & 37 Vict. c. 66, 8. 25 (7).
[cf. No. 3 of 1901, s. 2.]
Mandamus, injunction, and receiver.
36 & 37 Vict.
c. 66, 8. 25 (8). [cf. No. 3 of 1901, s. 270,
and 15 & 16 Geo. 5,
LAW AMENDMENT.
and all legal and other remedies for the same, and the power to give a good discharge for the same, without the concurrence of the assignor: Provided that 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.
10. Stipulations in contracts, as to time or otherwise, which would not, before the commencement of the Hong Kong 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.
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 unconditonally or on such terms and conditions as the court may think just.
(2) If an injunction is asked, either before, or at, or after c. 49, s. 45.] 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.
Rules of equity to prevail.
15 & 16 Geo.
5, c. 49,
in
12. Subject to the express provisions of any enactment, questions relating to the custody and education of infants and generally in all matters not particularly mentioned in this Ordinance, in which there was formerly or is any conflict or
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