1268
Saving of rights of other persons under attachment.
H. K. Code, s. 17 (6).
Removal of attachment on furnishing of security [ib. s. 17 (7).]
Power to award limited compensation for unjustifiable attachment. [ib. s. 17 (8).]
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
(3) The attachment shall be made, according to the nature of the property to be attached, in the manner prescribed in Chapter XVI for the attachment of property in execution of a judgment for money.
575. The attachment shall not affect the rights of any persons not being parties to the action, and in the event of any claim being preferred to the property attached before judgment, such claim shall be investigated in the manner prescribed in Chapter XVI for the investigation of claims to property attached in execution of a judgment.
576. In any case of attachment before judgment, the Court shall at any time remove the same on the defendant furnishing the required security, together with security for the costs of the attachment.
577.—(1) If it appears to the Court that the attachment was applied for on insufficient grounds, or if the action is dismissed or to defendant judgment is given against the plaintiff by default or otherwise, and it appears to the Court that there was no probable ground for instituting the action, the Court may, on the application of the defendant, made either before or at the time of the pronouncing of the judgment, award against the plaintiff such amount, not exceeding 1,000 dollars, as it may deem a reasonable compensation to the defendant for any injury or loss which he may have sustained by reason of the attachment: Provided that the Court shall not award a larger sum by way of compensation under this section than it is competent to the Court to award in an action for damages.
Arrest and detention of ship in special circumstances.
(2) An award of compensation under this section shall bar any action for damages in respect of the attachment.
Arrest and Detention of Ship.
578. Where the extreme urgency or other peculiar circumstances of the case appear to the Court so to require, it shall be lawful for the Court, on the application of the plaintiff in any action or of its [ib. s. 19 (1).] own motion, by warrant under the seal of the Court, to stop the clearance or to order the arrest and detention by the bailiff of any ship about to leave the Colony (other than a ship enjoying immunity from civil process), and such clearance shall be stopped or the ship arrested and detained accordingly: Provided that no such warrant...