Page:Halsbury Laws of England v1 1907.pdf/314

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,

Admiralty.

92 Sect.

1.

Actions in rem.

Arrests at

d?fendants

a caveat against the payment of the money (/), and thereupon a. caveat against the payment of the money, called a caveat payment {g) which remains in force for six months, must be entered in a book to be kept in the Admiralty Registry called a Caveat Payment Book {h). Where a caveat payment has been entered, notice will be given to the person at whose instance it has been entered before an order is made for payment of the money out of Court, and a motion may then be made in Court on behalf of such person to overrule the caveat (i). If the question with regard to the payment out has been settled by consent, the solicitor at whose instance the caveat payment has been entered may withdraw it by filing in the Registry with the usual minute a praecipe to withdraw the caveat (/c).

177. The provisions with regard to caveat warrants, caveat releases, and payment into Court in lieu of bail apply equally to arrests at the instance of defendants as to arrests at the instance i"eleases, bail

of plaintiffs.

Sub-Sect.

178.

Appraisement

and

sale.

5.

Sale of Properiy imder Arrest he/ore Judgment.

Where property under the

gQQ(j reason should

qj.

arrest of the Court is deteriorating be sold before judgment, the judge may on

motion

(Q, supported by affidavit, after notice to the parties interested they have appeared, or, if no appearance has been entered, on proof of that fact by affidavit, and on a report of the Admiralty Marshal as to the desirability of the sale, order the property to be forthwith On appraised and sold, and the proceeds brought into Court (m). such order being obtained the solicitor having the conduct of the sale must take out from the registry where the action is proceeding a commission of appraisement and sale (n), which will be executed by the Admiralty Marshal or his substitute, as in the case of the sale of property after judgment (o). if

Sub-Sect. Consolidation

damage^^^^^

of

6.

Consolidation,

179. It is usual, in accordance with the practice of the High Court Admiralty {p), to consolidate pending actions of salvage against

actions.

(/)

A

Court fee of

bs. is

paid on the minute filing the notice

Supreme Court fees, 1884, Schedule, No. R. S. C, Ord. 64, r. 15. ((/) {h) E. S. C, Ord. 22, r. 21.



Order as to

35.

The MarJclaud (1871), L. E. 3 A. & E. 340, at p. 341. See E. S. C, Appendix A, Part II., No. 19, for form of praecipe. (/) The notice of motion must, where the action is proceeding in London, be filed in the Admiralty Eegistry three days before the hearing, and a copy of the notice and affidavits must be served on the adverse solicitor before the originals are filed (E. S. C, Ord. 52, r. 10). (m) The Hercules (1885), 11 P. 1). 10 The Kathleen (181 4), L. E. 4 A. & E, (i)

(k)



269, at p. 271. (n)

No.

9,

Form

see Order (o)

of praecipe for commission, see E. S. C, Appendix Gr, Part I., Commission. See E. S. C, Appendix H, No. 16. Eor Court fees, Supreme Court Eees, 1884, Schedule, Nos. 13, 15.

Eor form

See

(p) See Lush. 25.

of as to

p. 99; post.

The Demetrius

(1872), L. E. 3 A.

&

E. 523; The Wniiam Hutt (1860),