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 — Part

III.

,

Practice of the Supreme Court.

89

information as to whether a caveat release is outstanding obtained from the district registry where the action may be proceeding; and a district registrar is bound to obtain such information from the Principal Eegistry by telegram or otherwise before he authorises the release (o). A caveat release is in force for six months (>), and may be applied for by a solicitor desiring to prevent the release of any property under the arrest of the Court in the same way and on payment of the same Court fee as in the case of a caveat warrant {q). A party delaying the release of any property by the entry of a caveat is liable to have the caveat overruled by the order of the Judge in Court or in chambers, or the Registrar in chambers, and to be condemned in costs and damages unless he shows good and sufficient reason for having entered the caveat (?•) and an objection to the sufficiency of bail which afterwards turns out to be groundless is not a sufficient reason for entering a caveat release

^'egt. i.

Actions in ^6^-

(s).

170. The release when obtained must be left, together with a Procedure with the Admiralty Marshal or his substitute by the solicitor ^P^^ release, who has taken it out(0, who must also at the same time pay the possession fees and all other costs, charges and expenses attending the care and custody of the property (/t)? and thereupon the property will be released. praecipe,

171. The value given in salvage cases in the affidavit of value above Affidavit referred to is the value of the salved property proceeded against ^^^^^ ^^^^ according to the estimate of the defendants or other person making the affidavit the affidavit cannot be contradicted by evidence at the

of .



hearing, nor is the deponent allowed to be cross-examined

on his

affidavit (a). If the plaintiff considers the value stated in the affidavit of value to Commission be incorrect his only course is to enter a caveat release and obtain an ^^^^^P^^^^^' order from the Judge or the Eegistrar for a commission of appraisement to ascertain the correct value. After this order has been obtained, the commission of appraisement should be applied for in the Admiralty Registry, or the district registry, as the case may be (b). Unless the Court or a judge otherwise orders, the Admiralty '

C, Ord. 29, r. 9. C, Ord. 64, r. 15. For form of praecipe, see E. S. C, Appen(?) R. S. C, Ord. '29, rr. 7, 8. dix A, Part II., No. 17. For minute, see E. S. C, Ord. 66, r. 8; see also Order as to Supreme Court Fees, 18S4, Schedule, No. 35. (r) E. S. C, Ord. 29, r. 10. For form of praecipe to withdraw the caveat, see (o)

E. S.

(p) E. S.

E. S. C, Appendix A, Part II., No. 19. (s) The Bon Eicardo (1880). 5 P. D. 121. (0 See E. S. C, Ord. 67, rr. 11, 12, 13, (m) E. S. C, Ord. 29, r. 7. For form of praecipe for release, see E. S. C, Appendix A, Part II., No. 15; of release, see ibid.. No. 16. For Court fees, see Order as to Supreme Court Fees, 1884, Schedule, Nos. 94, 98, 100. (a) See p. 88, ante; The Hanna (1877), 3 Asp. M. L. C. 503. {h) See E. S. C, Ord. 67, r. 10. Forprsecipe, seeE. S. C, Appendix Gc, No. 9. For the Court fee payable, see Order as to Supreme Court fees, 1884, Schedule,

No.

13.

The form of commission can be adapted from Form C, Appendix H, No. 16.

Sale,R. S.

of

Commission and