Page:Halsbury Laws of England v1 1907.pdf/310

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Admiralty.

88 Sect.

1.

Actions in rem.

entitled to any further time for delivering his defence or for any other purpose than if he had appeared according to the writ (c)

167. In an action in rem any person who has intervened and Eemoval from appeared may, on giving notice to the other parties to the suit, remove district an action from a district registry as of right, subject to a rule registry by defendant that the Judge in Court or chambers, or the Eegistrar, may for intervening-. good cause order the action to proceed in the district registry notwithstanding the notice (d), Sub-Sect. Kelease.

4.

Release on Bail,

Caveat Release and Caveat Payment.

168. As soon as appearance has been entered, or the solicitor for the defendant has accepted service of the writ and undertaken to put in bail {e) steps may be taken to obtain the release of the property under arrest. For this purpose a release must be obtained, which issues from the Admiralty Kegistry if the action is proceeding in London, and in other cases from the district registry where the action is proceeding (/) The application for this release is made in the same manner and on payment of the same Court fees as on an application for a warrant {g) but except by consent and on payment of the Admiralty Marshal's fees, or by special order of the judge in Court or in chambers, the release will not issue (a) unless the sum in respect of which the action has been commenced has been paid into the registry Qi) or (b) unless, in cases where cargo has been arrested for freight, an affidavit has been filed as to the value of the freight and the amount of the freight has been paid into the registry, or the judge is satisfied that it has already been paid (i) or (c) in an action of salvage unless the value of the res has been agreed or an affidavit of value filed unless the Court or (d) in ordinary cases unless a bail or judge otherwise order (/c) bond {I), signed by two sureties who have justified (m) in the sum in respect of which the action has been"commenced, has been filed in the registry. ,

Conditions of obtaining release.

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Caveat release.

169. A release will not be granted if there is found to be a caveat against the release of the property outstanding in a book kept in the Principal Admiralty Eegistry, London, called the Caveat Kelease Book ill). Search must be made accordingly in the Principal Admiralty Eegistry if the action is proceeding in London, or E. S. C, Ord. 12, r. 22. E. S. C, Ord. 35, rr. 13, 14. (e) See p. 85, ante. If) E. S. C, Ord. 29, r. 1. For form of release, see E. S. C, Appendix A, Part II., No. 16. A form of tlie notice or praecipe for the release is given {g) See p. 81, ante. (E. S. C, Appendix A, Part II., No. 15). (h) E. S. C, Ord. 29, r. 3. (i) E. S. C, Ord. 29, r. 4. (k) See The Seraglio (1885), 10 P. D. 120, 121. {I) For form, see E. S. C, Appendix A, Part II., No. 13. For form of praecipe (c)

{d)

for iDail bond,, see iMd,, No. 12. (m) E. S. C., Ord. 29, rr. 5, 6. (E. S. 0., Ord. 12, r. 19). {n)

E. S.

C, Ord.

29,

r. 6.

"Justified,"

i.e.,

filed affidavit of justification

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