Page:Halsbury Laws of England v1 1907.pdf/312

 ;

ACMIRALTr.

90 Sect.

1.

Actions in rem.

Marshal or his substitute appoints valuers (c), whose appraisement is conclusive, unless the judge in Court directs a further appraise-

ment to issue (d). The costs of the appraisement

are in the discretion of the Court,

but where the appraised value is considerably more than the value given in the affidavit of value, the costs of the appraisement are usually ordered to be borne by the defendants (e). If, owing to the property being out of the jurisdiction, valuers cannot value the property, the Court may itself determine the question of value at the hearing (/).

may

be taken either before the Admiralty Eegistrar or a any commissioner to administer oaths in the Supreme Court (g) who or whose partner is not acting as solicitor or agent for the party on whose behalf the bail is to be taken (// ) but in practice bail is always taken before a commissioner for oaths, the Admiralty Eegistrar not interfering in matters as to taking bail, unless, either on a summons or by order of the judge, a report is made on the sufficiency of the bail, or the sureties are cross-examined before him on their affidavits of justification (i). The solicitor desiring to put in bail has, after filing a praecipe as to the persons tendered as bail {k), to attend with the proposed sureties before a commissioner for oaths, who will swear the sureties to the truth of their affidavits of justification {I), and they then sign the bail bond, which, except in an action of restraint (in which action a special form is in use) (m), is in the same form in all Admiralty actions in rem. By the bail bond the sureties submit themselves to the judgment of the Court, and consent that execution shall issue against them and their heirs executors and administrators if the party for whom they are bail does not pay what may be adjudged against him in the action with costs (n). The sureties to the bail bond may not be partners (o).

172. Bail

district registrar, or before



Amount bail.

of

173. The amount entered in the bail bond as the amount for liable should include an amount sufficient to cover the costs of the action over and above the amount claimed by the plaintiff. The amount, however, ought not to be too

which the sureties make themselves

(c)

Nos.

See E.

S.

C,

Ord. 51,

r.

14.

Order as

to

Supreme Court

fees, Schedule,

13, 15, 94, 95, 100.

(d) The Oeorg, [1894] P. 330 The Cargo The Hohenzollern, [1906] P. 339. (e) The Pavl (1866), L. E. 1 A. & E. 57. (/) The Werra (1886), 12 P. D. 52.

(g)

E. S.

(/?)

E.

S.

C, Ord. C, Ord.

ex Venus (1866), L. E.

1

A.

&

E. 50

12, r. 19. 12,

r.

21.

For the form of report by the Admiralty Marshal as to the sufficiency of bail, see E. S. C, Appendix A, Part II., No. 11, and as to the cross-examination of the sureties on questions arisen as to their solvency, see The Bon Ricardo (*)

D. 121 TheFairport (1882), 8 P. D. 48, at p. 55. E. S. C, Appendix A, Part II., No. 9. Eor form of affidavit, see E. S. C, Appendix A, (0 E. S. C, Ord. 12, r. 19.

(1880), 5 P.



(k)

Part

II., No., 14. (m) See The Rohert Dickenson (1884), 10 P. D. 15. {n) (o)

See form of bail bond E. S. 0., Appendix A, Part The Corner (1863), Br. & L. 161.

II.,

No.

13.