CO129-271 - Governor Sir Robinson - 1896 [1-4] — Page 102

བ

BAIL.

38. Whenever bail is required by these rules, it shall be given by filing one or more bail bonds, each of which shall be signed by two sureties, unless the Court shall, on special cause shown, order that one surety shall suffice.

39. 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,

40. Sureties may attend to sign a bond either separately or together.

41. If bail is taken before a commissioner, the suretics shall justify by affidavit.

42. The commission to take bail and the affidavits of justification shall be prepared in the registry, and issued with the bail bond, and shalt with the bail bond, when sxecuted, be returned to the registry by the commissioner,

43. 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,

44. Before filing a bail bond, 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.

45. If the adverse party is not satisfied with the sufficiency of any surety, he may file a notice objecting to such surety, or requiring him to justify, if he has not already done so. Forms 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.

RELEASES.

46. A release for property arrested by warrant may be issued by order of the Court.

47. 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: (3) On one or more bail bonds being filed for the amount claimed, or for the appraised value of the property arrested; and on proof that twenty- four hours' notice of the names and addresses of the sureties has been previously 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 sigued by the party at whose instance the property has been arrosted:

(e) On discontinuance or dismissal of the action in

which the property has been arrested.

48. Where property has been arrested for salvage, the release shall not be issued under the foregoing rule, except on discontinuance or dismissal of the action, until tho value of the property arrested has been agreed upon between the parties or determined by the Court."

49. The registrar may refuse to issue a release without the order of the Court,

50. The release shall be prepared in the registry, and sball he 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.

51. The release shall be served on the bailiff either personally, or by leaving it at his office, by the party by whom it is taken out.

52. On service of the release and on payment to the bailift of all fees due to and charges incurred by him in respect of the arrest and custody of the property, the property shall be at once released from arrest.

5

101

4T