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 — Part

III.

Pe actio e of the Supreme Court.

85

m

the Admiralty Marshal's the execution of the warrant, hj him or his snhstitntes, whether the property to be arrested be situate within the port of London or elsewhere within the If the action is in a district registry the jurisdiction of the Court (e). warrant has also to be served by the Admiralty Marshal or his substitutes, but in practice no delay takes place, as the collector of customs at the port w^here the vessel or other property to be arrested is situated acts as a substitute of the Admiralty Marshal, and wall on the application of the solicitor taking out the warrant effect the service and arrest required.

^2

(d) for

office for service

160. The detainer of a vessel or other property in consequence by telegram is not unusual, and the disregard of a notice by telegram from the Admiralty Marshal that a warrant has been issued against property and that the property is not to be removed is a contempt of Court (/). of directions sent

Sect.

l.

Actions in rem.

Detainer by telegram,

Where the solicitor of the defendant agrees to accept service Undertaking appear etc. put in bail or to pay money into Court in lieu of bail no service of the writ or warrant is required {g), and where a solicitor has given such a written undertaking and neglects to enter an appearance or put in bail or pay money into Court in lieu of bail, he is liable to attachment unless his authority to act as solicitor has been withdrawn {h). 161.

and

to

162. Service of the warrant, if required, may be effected within Mode of twelve months of its date (?*), either in the day-time or night-time, effecting and, if necessary, on a Sunday, Good Friday, or Christmas Day (k), and if the property to be arrested is a ship, freight, or cargo on board, must be effected by nailing or affixing the original warrant for a short time on the mainmast or on the single mast of the vessel, and on taking off the process leaving a true copy of it nailed or fixed in its place (/). If the cargo has been landed or transhipped, service of the warrant to arrest the cargo and freight is to be effected by placing it for a short time on the cargo, and on taking oft' the process by leaving a true copy upon it if the cargo be in the custody of a person who will not permit access to it, the service may be made upon the custodian {m) After the service of the warrant has been effected, the property arrested, whatever be its value, remains in the custody of the Court until the action is determined or the property is released by a release duly issued from the registry either on the warrant being withdrawn by the plaintiff's solicitor, which may be done before

.

(d) Order as to Supreme Court Pees, 1884, Schedule, No. 92. Order as to Fees and Percentages, July 4, 1884, Schedule, " In the Admiralty Marshal's Office."

E. S. C, Ord. 9, r. 11. (/) The Seraglio (1885), 10 P. D. 120. {g) E. S. C, brd. 9, r. 10. {h) E. S. C, Ord. 12, r. 18; The Anna and Bertha (1891), 64 L. T. 332; and compare Re IMy, [1901] 1 Ch. 467. As to practice on attachment, see title (e)

Contempt and Attachment,

post.

E. S. 0., Ord. 67, r. 11. E. S. C, Ord. 67, r. 12. {I) E. S. C, Ord. 9, r. 12. (m) E. S. C, Ord. 9, rr. 13, 14.

(V)

m

ser-