Supreme Court.
[CAP. 4
person not party to
action.
139. 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.
140. The entry of a caveat warrant shall not prevent the issue of a warrant, but a party at whose instance a warrant is 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 shows, to the satisfaction of the court, good and sufficient reason to the contrary.
Consequence of entry of caveat warrant.
141. The party at whose instance a caveat release or payment is entered shall be condemned in all costs and damages occasioned thereby, unless he shows, to the satisfaction of the court, good and sufficient reason to the contrary.
Consequence of entry of caveat release or payment.
142. A caveat shall not remain in force for more than six months from the date of entering the same.
Duration of caveat.
143. (1) A caveat may at any time be withdrawn by the person at whose instance it has been entered, on his filing a notice withdrawing it.
(2) The court may over-rule any caveat.
Orders for payment.
144. (1) On application by a party to whom any sum has been found due, the court may order payment to be made out of any money in court applicable for the purpose.
(2) If there is no such money in court or if it is insufficient, the court 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 court may 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 the seal of the court.
Withdrawal and over-ruling of caveat.
Appendix. Form 44.
Order for payment to party entitled.
Appendix. Form 45.
Page 285
Supreme Court.
[CAP. 4
person not party to
action.
139. If the person entering a caveat is not a party to the Caveat by 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.
140. The entry of a caveat warrant shall not prevent the issue of a warrant, but a party at whose instance a warrant is 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 shows, to the satisfaction of the court, good and sufficient reason to the contrary.
Consequence caveat
of entry of
warrant.
of entry of caveat release or
141. The party at whose instance a caveat release or consequence caveat payment is entered shall be condemned in all costs and damages occasioned thereby, unless he shows, to the caveat satisfaction of the court, good and sufficient reason to the contrary.
payment.
caveat.
142. A caveat shall not remain in force for more than six Duration of months from the date of entering the same.
143. (1) 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.
(2) The court may over-rule any caveat.
Orders for payment.
144. (1) On application by a party to whom any sum has been found due, the court may order payment to be made out of any money in court applicable for the purpose.
(2) If there is no such money in court or if it is insufficient, the court 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 court may 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 pay- ment under the seal of the court.
withdrawal ruling of
and over-
caveat.
Appendix. Form 44.
Order for to party
payment
entitled.
Appendix. Form 45.
285
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