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37. 3. The certificate shall state by whom the warrant has been served, and the date and mode of service, and shall be signed by the Marshal A form of certificate of service will be found in the Appendix hereto, No. 13.
38.
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40
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BAIL.
39. Whenever bail is required by these rules, it shall be given by filing one or more bail bonds, each of which shall be sigued by two sureties, unless the judge shall, ou special cause shown, order that one surety shall suffice.
40. Every bail bond shall be prepared in the registry and shall be signed before the registrar, or by his direction before a clerk in the registry, or before a commissioner appointed by the court, to take bail. Forms of bail bond and commission to take bail will be found in the Appendix hereto, Nos. 14 and 15.
41. Sureties may attend to sign a bond either separately or together.
42. If bail is taken before a commissioner, the sureties shall justify by affidavit,
42. 43. The commission to take bail and the affidavits of justi- fication shall be prepared in the registry, and issued with the bailbond, and shall with the bailbond, when executed, he returned to the registry by the commissioner.
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44. No commissioner shall be entitled to take bail in any action in which he, or any person in partnership with him, is acting as solicitor or agent.
45. Before filing a bailbond, notice of bail shall be served upon the adverse party, and a certificate of such service shall be indorsed on the bond by the party filing it. A form of Notice of Bail will be found in the Appendix hereto, No. 16.
46. If the adverso party is not satisfied with the sufficiency of any surety, he may file a notice objecting to such surety, or Forms requiring him to justify, if he has not already done so. of Notice to Justify, of Affidavit of Justification, and of Notice of Objection to Bail, will be found in the Appendix hereto, Nos. 17, 18, and 19.
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RELEASES.
47. A release for property arrested by warrant may be issued by order of the judge,
48. A release may also be issued by the registrar, unless there is a caveat outstanding against the release of the property-
(a.) On payment into court of the amount claimed, or of the appraised value of the property arrested, or, where cargo is arrested for freight only, of the amount of the freight verified by affidavit:
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(b.) On one or more bail bonds being filed for the amount claimed, or for the appraised value of the property ar- rested; and on proof that twenty-four hours' notice of the names and addresses of the sureties has been pre- viously served on the party at whose instance the property has been arrested:
(c) On the application of the party at whose instance the
property has been arrested:
(d) On a consent in writing being filed signed by the party
at whose instance the property has been arrested:
(e) On discontinuance or dismissal of the action in which
the property has been arrested,
449. Where property has been arrested for salvage, the release shall not be issued under the foregoing rule, except on discon- tinuance or dismissal of the action, until the value of the property arrested has been agreed upon between the parties or determined by the judge. /
450. The registrar, may refuse to issue a release without the
order of the judge
51. The release shall be prepared in the registry, and shall be signed by the registrar, and issued under the seal of the court. A form of release will be found in the Appendix hereto, No. 20.
52. The release shall be served on the Marshal, either personally, or by leaving it at his office, by the party by whom it is taken
out.
JZ 3. On service of the release and on payment to the Marshal of all fees due to and ebarges incurred by him in respect of the arrest and custody of the property, the property shall be at once released from arrest.
PRELIMINARY ACTS.
54. In an action for damage by collision, each party shall, within one week from an appearance being entered, file a Preli minary Act, sealed up, signed by the party, and containing a statement of the following particulars :-
(1.) The names of the ships which came into collision, and the
names of their masters;
(2.) The time of the collision;
(3) The place of the collision;
(4.) The direction and force of the wind;
(5.) The state of the weather;
(6.) The state and force of the tide;
(7) The course and speed of the ship when the other was
first seen;
(8.) The lights, if any, carried by her;
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