Page:Halsbury Laws of England v1 1907.pdf/306

.

Admiralty.

84 Sect.

1.

Actions in rem. Undertaking in the prgecipe for

155. It would seem that by signing a praecipe for a caveat warrant in the form given in the Eules of the Supreme Court without quahfication, a sohcitor renders himself personally hable to perform the undertaking contained in the praecipe, and that where such an undertaking has been given the plaintiff is entitled to have a reasonable opportunity of seeing whether he ought to accept it or not if it is not a satisfactory undertaking, and for good and sufficient reason he does not accept it, he will not be condemned in costs and damages for taking out a warrant for arrest (7-).

caveat warrant.

Service of writ where caveat

warrant entered.

156. If the solicitor for the plaintiff ascertains that a caveat warrant has been entered in the Caveat Warrant Book against the arrest of the property against which the plaintiff is proceeding, he must forthwith serve a copy of the writ of summons (verifying the service by affidavit) upon the party on whose behalf the caveat has been entered, or

Bail in pursuance of

undertaking.

upon

his solicitor

(s)

157. Within three days from the service of the writ or copy thereof the party on whose behalf the caveat has been entered must, if the sum in respect of which the action is commenced does not exceed the amount for which he has undertaken, give bail in such sum or pay the same into the Admiralty Eegistry or into the district registry where the action is proceeding (t) and after the expiration of twelve days from the service of the writ or copy thereof, if such bail has not been given or such sum not paid into the registry, the plaintiff's solicitor may proceed with the action by default, and on filing his proofs in the registry may have the action placed on the list for hearing («).

Judgment against party where undertaking not

performed.

Service of warrant.

when

the action comes before the judge in Court he is claim is well founded, he may pronounce for the amount appearing to be due and may enforce the payment thereof by attachment against the party on whose behalf the caveat was entered, and by the arrest of the property if it then be or thereafter come within the jurisdiction of the Court (b).

158.

If

satisfied that the

159. If no caveat warrant has been entered or if it is desired to have the property arrested notwithstanding the entry of a caveat warrant, the plaintiff or his solicitor must after the warrant has been issued if the action is proceeding in London leave it, together with a notice or praecipe (c) stamped with an impressed stamp of

the Admiralty Court and preventing parties from using the process of the Court to rearrest unvecessarily property which was already under arrest in other actions, is shown by Tin- Europa (1M49), 13 Jur. 856. (r) The Orimdon, [1901)] P. 17 1. [s) E. S. C, Ord. 29, r. 14. (t) E. S. C, Ord. 29, r. 15. As to bail, see p. 90, post, (a) E. S. C, Ord. 29, r. 16; and see p. 100 post, {b) E. S. C, Ord. 29, r. 17. It is to be observed that the attachment is to be against the party on whose behalf the caveat had been entered, and that nothing is to be found in the rule as to the attachment of a solicitor who may have signed the undertaking to put in bail. (c) E. S. 0., Ord. 67, r. 13.