Page:Halsbury Laws of England v1 1907.pdf/313

 — Part

III.

Practice of the Supreme Court.

91

if the Court thinks that the amount of bail is excessive, the party who has required the excessive bail may be ordered at the hearing to bear the costs incurred by such demand over and above the costs of the lesser amount of bail which ought to have been put in (p). The bail represents the res {q), and if necessary the party putting in bail may take out a commission of appraisement to ascertain the value of the res. A commission or fee not exceeding ^1 per cent, on the amount in which bail is given is payable to each surety, and may be recovered as taxed costs in the action {r).

large, as,

i.

Actions in

174. After the bail bond has been signed in the manner above Objections sureties to described, it must, together with the usual minute and a copy of the bail bond. notice of bail containing the names and addresses of the sureties and the name of the commissioner before whom the bail was taken, verified by affidavit, be filed in the Admiralty Eegistry or in the district But this cannot be registry where the action is proceeding (s). done, in the absence of consent by the adverse solicitor, until twentyfour hours have expired from the time when such notice was served on the adverse solicitor (t). From these provisions it follows that where bail is put in the adverse solicitor has twenty-four hours before the release can issue to take any objections to the sufficiency When a of the sureties, and if necessary enter a caveat release. caveat release is entered a motion before the judge in Court to overrule the caveat enables the validity of the objections to the bail These delays with respect to the taking of to be determined (a). bail may be dispensed with by the consent of the solicitors in the action (h).

to

175. The amount of bail put in in an action for damage by collision Amount of where the owners are not privy to the collision may, whether the vessel ^^^^ ^^tions" be British or foreign, be reduced to the statutory amount for which the owners are liable under the provisions as to limited liability contained in the Merchant Shipping Act, 1894, together with interest and costs (c).

176. Money paid into Court in lieu of bail must, in actions Money paid proceeding in London, be paid into the Law Courts branch of the ^^^^ <^omt. Bank of England (d), and will not be paid out of Court without the order of a Court or a judge {e). If a solicitor desires to prevent the payment of money out of Caveat payCourt in an Admiralty action he may file a notice or praecipe for ment. (p) 106.

The George Gordon (1884), 9 P. D. 46



The Chieftain (1863), 32 L.

Tlie Kalamazoo (1851), 15 Jur. 885, 886. R. S. C, Ord. 12, r. 21 A. (s) R. S. C, Ord. 12, r. 20. Por form of notice of bail, see R. S. (0 R. S. C, Ord. 12, r. 20. dix A, Part II., No. 9.

J. (adm.)

(?) {r)

C, Appen-

See The Don Ricardo (1880), 5 P. D. 121 The Corner (1863), Br. & L. 161. R. S. C, Ord. 64, r. 10. (c) 57 & 58 Vict. c. 60, s. 504; The Diichesse de Brahant (1857), Swa. 264; The Sisters (1876), 1 P. D. 281. {d) See Supreme Court Funds Rules, 1905, rr. 28, 29, 46. (^) R. S. C, Ord. 22, r. 20. («) {h)