CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
843
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.
cumstances.
H.K. Code, s. 19(1).
579. The court may at any time release a ship detained under section 578, on such terms as it may think just.
Release of ship under detention. H.K. Code, s. 19(3). Power to award limited compensation for arrest and detention.
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 for any injury or loss occasioned by the issue of the warrant, and such compensation shall be paid to such parties as the court may direct: 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.
H.K. Code, s. 19(2).
(2) An award of compensation under this section shall bar any action for damages in respect of the arrest and detention of the ship.
CHAPTER XXVI.
TEMPORARY INJUNCTION.
581. (1) In any action in which it is shown to the satisfaction of the court that any property in dispute in the action is in danger of being wasted, damaged or alienated by any party to the action, it shall be lawful for the court to issue an injunction to such party commanding him to refrain from doing the particular act complained of, or to give such other order for the purpose of staying and preventing him from wasting, damaging or alienating the property as to the court may seem fit.
H.K. Code, s. 18(1).
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
843
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 clear- ance shall be stopped or the ship arrested and detained accord- ingly: 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.
cumstances.
H.K. Code, 8. 19 (1).
579. The court may at any time release a ship detained under Release of section 578, on such terms as it may think just.
t
ship under detention. H.K. Code, 8. 19 (3). Power to award limit-
ed compen.
arrest and
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 other- sation for wise and it appears to the court that there was no probable unjustifiable ground for instituting the action, the court may, either before or detention. at the time of the pronouncing of the judgment, award against H.K. Code,
s. 19 (2).. the plaintiff such amount, not exceeding one thousand dollars, as it may deem a reasonable compensation for any injury or loss occasioned by the issue of the warrant, and such compen- sation shall be paid to such parties as the court may direct : 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.
(2) An award of compensation under this section shall bar any action for damages in respect of the arrest and detention of the ship.
CHAPTER XXVI.
TEMPORARY INJUNCTION.
581. (1) In any action in which it is shown to the satis- Granting of faction of the court that any property in dispute in the action injunction to
stay waste, is in danger of being wasted, damaged or alienated by any damage or party to the action, it shall be lawful for the court to issue an alienation
of property. injunction to such party commanding him to refrain from doing H.K. Code, the particular act complained of, or to give such other order s. 18 (1). for the purpose of staying and preventing him from wasting, damaging or alienating the property as to the court may seem
fit.
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