CAP. 4]
Objection
to surety.
Appendix.
Forms
17. 18. 19.
Supreme Court.
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.
Issue of release by the court.
Cases in
which release
may be issued by Registrar,
Release in case of
arrest for salvage.
Refusal of Registrar to issue release.
Preparation,
etc., of release.
Appendix. Form 20.
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;
(b) 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 upon 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.
48. Where property has been arrested for salvage, the release shall not be issued under rule 47, except on discontinuance or dismissal of the action, until the 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 shall be signed by the Registrar, and issued under the seal of the court.
272
CAP. 4]
Objection
to surety.
Appendix.
Forms
17. 18. 19.
Supreme Court.
45. If the adverse party is not satisfied with the suffi- ciency of any surety, he may file a notice objecting to such surety or requiring him to justify, if he has not already done so.
Issue of release by the court.
Cases in
which release
may be issued by Registrar,
Release in case of
arrest for salvage.
Refusal of Registrar to issue release.
Preparation,
etc., of release.
Appendix. Form 20.
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; (b) 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 upon 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.
48. Where property has been arrested for salvage, the release shall not be issued under rule 47, except on dis- continuance or dismissal of the action, until the 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 shall be signed by the Registrar, and issued under the seal of the court.
272
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