1923_CODE_OF_CIVIL_PROCEDURE — Page 145

1258 No. 3 of 1901.

Power to award limited compensation.

H. K. Code, s: 17 (8).

CODE OF CIVIL PROCEDURE

577.-(1) If it appears to the court that the attachment was applied for on insufficient grounds, or if the action against defendant is dismissed or 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 one thousand 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.

H. K. Code, s. 19 (1).

Release of ship under detention.

H. K. Code, s. 19 (3).

Power to award compensation.

(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 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 shall be issued at the instance of any plaintiff unless the application for the issue thereof is supported by an affidavit of the facts.

579. The court may at any time release a ship detained under section 578, on such terms as it may think just.

580.-(1) If it appears to the court that the warrant was applied for on insufficient grounds, or if the action is dismissed or 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, either before or at the time of the pronouncing of the judgment, award against the plaintiff such amount, not exceeding one thousand 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 arrest and detention.

As amended by Law Rev. Ord., 1924.

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