Directory_and_Chronicle_1911 — Page 455

462 RULES OF VICE-ADMIRALTY COURTS IN H.B.M. POSSESSIONS ABROAD

action or counter claim that may have been, or may be, brought against the property, and thereupon the registrar shall enter a caveat in the caveat warrant book herein- after mentioned.

160. Any person desiring to prevent the release of any property under arrest, shall file a notice and thereupon the registrar shall enter a caveat in the caveat book hereinafter mentioned.

161. Any person desiring to prevent the payinent of money out of court shall file a notice, and thereupon the registrar shall enter a caveat in the caveat payment book hereinafter mentioned.

162. If the person entering a caveat is not a party to the action, the notice shall state his name and address, and an address within three miles of the registry at which it shall be sufficient to leave all documents required to be served upon him.

163. The entry of a caveat warrant shall not prevent the issue of a warrant, but a party at whose instince a warrant shall be issued for the arrest of any property in respect of which there is a caveat warrant outstanding, shall be condemned in all costs and damages occasioned thereby, unless he shall show to the satisfaction of the judge good and sufficient reason to the contrary.

164. The party at whose instance a caveat release or caveat payment is entered shall be condemned in all costs and damages occasioned thereby, unless he shall show to the satisfaction of the judge good and sufficient reason to the contrary.

165. A caveat shall not remain in force for more than six months from the date

of entering the same.

166. A caveat may at any time be withdrawn by the person at whose instance it has been entered, on his filing a notice withdrawing it.

167. The judge may overrule any caveat.

SUBPOENAS

168. Any party desiring to compel the attendance of a witness shall serve him with a subpoena, which shall be prepared by the party and issued under the seal of the Court.

169. A subpœna may contain the names of any number of witnesses, or may be issued with the names of the witnesses in blank.

170. Service of the subpoena must be personal, and may be made by the party or is agent, and shall be proved by affidavit.

ORDERS FOR PAYMENT

171. On application by a party to whom any sum has been found due, the judge may order payment to be made out of any money in Court applicable for the

purpose.

If there is no such money in Court, or if it is insufficient, the judge may order that the party liable shall pay the sum found due, or the balance thereof, as the case may be, within such time as to the judge shall seem fit. The party to whom the sum is due may then obtain from the registry and serve upon the party liable an order for payment under seal of the Court.

ATTACHMENTS

172. If any person disobeys an order of the Court, or commits a contempt of Court, the judge may order him to be attached.

173. The person attached shall without delay be brought before the judge, and if he persists in his disobedience or contempt, the judge may order him to be committed.