Page:Halsbury Laws of England v1 1907.pdf/354

 Admiralty.

132 Sect.

1.

County Courts in Admiralty.

bond and

affidavits

of

justification

prepared by the party giving bail

in proper

form (/) must be

{g).

290. If bail is to be taken before the Eegistrar, the party giving must serve before six o'clock on the day before the day appointed for giving bail on the party requiring bail a notice on a form sent to the party giving bail by the Eegistrar, containing the names and addresses of the sureties and the time appointed (/i) If bail is taken before a commissioner, notice of such bail must be given and an affidavit of service in proper form filed but the property bail

Procedure on taking bail.

.



cannot be released without consent until the expiration of twentyfour hours from such service {i), nor can the property be released after that time if within that time the party requiring bail has given notice to the other party and the Eegistrar that he requires to cross-examine the sureties as to their means (A;). On receipt of this notice the Eegistrar appoints a time for cross-examination on forty-eight hours' notice to all parties, and decides as to the sufficiency of the bail; the costs of an attendance at an appointment for cross-examination made without sufficient cause, and the expense of detaining the property kept under arrest in consequence of the notice, may in the discretion of the Eegistrar fall on the party requiring the attendance (l). Eel ease of property.

Costs

and

commission.

291. Payment into Court of the amount claimed with costs, or completion of the bail, and payment of the bailiff's charges, entitles the defendant to an order for release (in). In an action for salvage, however, the property cannot be released except by consent of the plaintiff until the value thereof has been agreed or stated in an A plaintiff affidavit of value by the party seeking the release (ri). wishing to dispute the affidavit of value may apply by praecipe for an appraisement, the costs of which are in the discretion of the judge, but unless he applies for an appraisement he may not dispute the value sworn to, except by leave of the judge for good cause (o). Cargo arrested for freight only may be released on an affidavit of value as to the value of the freight being filed and payment into Court of the amount of the freight being made or proof given that such amount has already been paid (p).

292. Costs properly incurred by any party in respect of instrucbail, preparation and execution of the bail bond and affidavits of justification, and any notices, perusals and attendances in relation to bail, may be allowed on taxation, not exceeding the

tions for

(/) County Court Ord. 39, r. 39. (h) Ord. 39, r. 40. (i) Ord. 39, r. 41 (k) Ord. 39, r. 42 (/) Ord. 39, rr. 43, (m) Ord. 39, r. 45 (n) Ord. 39, r. 46. (o) Ord. 39, r. 47 Ord. 39, r. 48.

Eules and Forms, 1903—1906, forms 377, 378.

(g)









forms 379, 380. form 381. 44.

form

384.

The Argo, [1895] P. 33



form 383.