Page:Halsbury Laws of England v1 1907.pdf/345

 — Part

III.

Practice of the Supreme Court.

123

Sect. 7. a caveat payment, and thereupon a caveat against the payment of the money will be entered in a book kept in the Admiralty Eegistry, Judgment in and ^yhenever this has been done no order for payment of the money Contested A ction s, will be made either by the Court or a judge until notice has been given to the party on whose behalf the caveat has been entered (l). Moreover, when in any action before the Court questions of priority are likely to arise, and in all cases of judgment being pronounced in default actions, the practice is for the judgment to be without prejudice to other claims against the property and reserving all questions as to the priority of such claims {m).

267. Where in an action of possession the plaintiff's claim is pronounced for, possession of the vessel proceeded against will, if it has not been bailed, be decreed to the plaintiff, and on a praecipe for a decree of possession being filed (u) in the Admiralty Eegistry if the action is proceeding in London, or in the district registry where the action

Decree of possession,

proceeding, a decree of possession directed to the

is

Admiralty Marshal or his substitute commanding the release of the vessel and her delivery to the plaintiff, or his attorney for him, will be issued out of the Eegistry. The decree must be left in the Admiralty Marshal's office in London actions, or with his substitute where the action is proceeding in a district registry, and after payment of the proper Court fee with the Marshal's charges for possession fees and other expenses (o), it will be executed by the delivery of the ship to the plaintiff or his attorney.

until the decree is

268. Where in an action in rem the property is left under arrest made, the defendant will of course, if the suit is dismissed, be entitled to have the property released from arrest, on

property proceeded against is

taking the necessary steps (p).

under

It, however, the plaintiff's claim pronounced for it will be necessary to have the property sold by the Court in order that the claim may be paid off out of the

Sale where

arrest.

is

proceeds.

The order plaintiffs

must

praecipe for a

executed

sale will usually be

for

at the hearing,

when

made

a part of the decree Commission

in order to carry it out the solicitor for the of appraisement and in the registry where the action is proceeding a sale.

and file

of appraisement and sale, and have it issued, unless the Court or a judge shall otherwise

commission

by the Admiralty Marshal or his substitutes (q). Unless the Court otherwise orders, after the appraised value has Conduct been fixed, the property will be sold by auction by the broker of the sale. Court at not less than such value. For good cause on application being made by the parties, the Court will sometimes direct the property to be put up for sale privately. After the property has been sold the Marshal or his substitute returns the commission of order,

See pp. 91, 92, ante. (m) See The Africano, [1894] P. 141, at p. 150. 00 This must be stamped with a stamp of 15s. (Order as to Supreme Court Fees, 1884, Schedule, No. 13). (o) See Order as to Supreme Court Fees, 1884, Schedule, Nos. 94, 98. (/)

See p. 88, ante. See R. S. C, Ord. 51, r. 14. See also p. 89, ante, where the practice in relation to a commission of appraisement is set out. (p) (7)

of