Payment to obtain release of arrested will then be prepared and should then be forwarded to the commissioner. A. C. R., 1859, r. 43. "A bail bond taken before a commissioner appointed under a special or a standing commission shall not be filed in the registry until after the expiration of twenty-four hours from the time when a notice containing the names and addresses of the sureties and of the commissioner before whom the bail was taken shall have been served upon the adverse solicitor; and a copy of the notice verified by affidavit shall be filed with the bail bond." The defendant's solicitor must take care that after this notice the documents are filed. With the exception of obtaining a special commission the proceedings before a standing commissioner are the same; but by A. C. R., 1859, r. 44, "A commissioner appointed under a special or standing commission shall not take bail on behalf of any person for whom he or any person in partnership with him is acting as proctor, attorney, solicitor, or agent;" and by r. 45, "The delays required by the preceding rules in regard to the taking of bail may be dispensed with by the consent of the solicitors in the cause." If the plaintiff is not satisfied with the bail he enters a caveat against the release (see p. 158). The defendant will then either give satisfactory bail or move for the release of the ship, and the objection to the bail being mentioned to the Court, it will order the sureties to be examined before the registrar on their affidavits of justification. If the objection is not upheld by the registrar, the plaintiffs will be condemned in the costs occasioned by their objection (The Don Ricardo, L. R. 5 P. D. 121; 49 L. J. Ad. D. 28). By A. C. R., 1859, r. 48, " A solicitor may obtain the into Court release of any property by paying into the registry the sum in which the cause has been instituted." And by A. C. R., 1859, r. 49, “Cargo arrested for the freight only may be released by filing an affidavit as to the value of the freight, and by paying the amount of the freight into the registry." See p. 165. By A. C. R., 1859, r. 127, “ All monies property. shall be paid to the account of the registrar of the Admiralty Division, at the Bank of England, upon receivable orders to be obtained in the registry." A copy of the receipt for the sum paid in and a notice thereof should then be served on the adverse solicitor, and the original filed. By r. 128, "Orders for the payment of money out. of Court shall be signed by the judge;" but it will not generally be paid until the end of the action (The Annie Childs, Lush. 509). The money will not bear interest without an application is made to the Court with that object (The North American, Lush. 79; 5 Jur. N. S. 659); and it is allowed only if the sum is large. lease. The manner of releasing property under ordinary cir- The recumstances is regulated by A. C. R., 1859, r. 46, " Property arrested by warrant shall only be released under the authority of an instrument issued from the registry, to be called a release." The præcipe on which the release is obtained recites the fact that bail has been given or money paid in respect of the cause of action, and that there is no caveat against the release of the property outstanding. If parts of the property under arrest are released at different times, separate releases are necessary. Also, by A. C. R., 1859, r. 47, "A solicitor at whose instance any property has been arrested may, before an appearance has been entered, obtain the release thereof by filing a præcipe to withdraw the warrant." As regards r. 49, "Cargo arrested for the freight only Release of may be released by filing an affidavit as to the value of the cargo. freight, and by paying the amount of the freight into the registry:" the value is that which is due under the charterparty or bill of lading, and the amount is less the expenses of paying in. By A. C. R., 1859, r. 52, "The release, when obtained, shall be left with a præcipe in the marshal's office by the solicitor taking out the same, who shall also at the same time pay all costs, charges, and expenses attending the Caveat against care and custody of the property whilst under arrest, and To prevent the release of any property under arrest, release of proceedings must be taken under A. C. R., 1859, r. 53. property arrested. Preliminaries to bail in salvage actions. "A solicitor in a cause shall file in the registry a præcipe, and thereupon a caveat against the release of the property shall be entered in a book to be kept in the registry, called the 'Caveat Release Book,'" and thereupon no proceedings can be taken without notice to the person who enters such caveat. And care should be taken not to fall under r. 54. "A party delaying the release of any property by the entry of a caveat shall be liable to be condemned in costs and damages unless he shall show to the satisfaction of the judge good and sufficient reason for having so done" (on this rule see The Corner, Br. & L. 161; 12 L. T. N. S. 62; The Don Ricardo, L. R. S. P. D. 121; 49 L. J. Ad. 28). The damages will be assessed by the registrar. When such a caveat is entered the defendant may apply by motion or summons to overrule it, and ask for the release of the vessel, if there is good reason for such a course. If an action is transferred from a County Court to the High Court, and the res is under arrest in the Superior Court in respect of other actions, A. C. R. 1859, r. 53 (supra), is applicable (The Rio Lima, 28 L. T. N. S. 774; 2 Mar. L. C. N. S. 34). To the general proceedings as to bail, actions for salvage are an exception. Here the plaintiff is entitled to have the value of the res ascertained before it passes out of the hands of the Court. This value can be obtained in two ways. By A. C. R., 1859, r. 50, "In a cause of salvage the value of the property under arrest shall be agreed, or an affidavit of value filed, before the property is released." Agree- (a) This agreement is usually binding on the parties ment on or unless exceptional circumstances can be shown by affidavit value. for altering the agreed amount. (b) The affidavit should affidavit of = T contain the value of the property saved when the salvors' services were concluded. The amount, as shown in the affidavit, if it is given wrongly by a bond fide mistake, will be altered on application to the Court, even after a decree has been made (The James Armstrong, L. R. 4 Ad. 380; 33 L. T. N. S. 390). But generally, the value as shown is conclusive, e.g., when the ship was afterwards sold for a larger sum (The Betsy, 5 C. Rob. 296; The Hanna, 37 L. T. N. S. 364; 3 Asp. M. C. N. S. 503). If the salvors are not satisfied with this value they are entitled to have the property officially appraised. As to official appraisements, see ante, p. 153. As to power of receivers of wreck, see ante, p. 33. The three following rules are applicable to caveats generally. 174. A caveat, whether against the issue of a warrant, the release Duration of property, or the payment of money out of the registry, shall not of caveat. remain in force for more than six months from the day of the date thereof. caveat. 175. A caveat may be withdrawn by the party on whose behalf Withit has been entered, or by his solicitor; but the præcipe to lead the drawal of withdrawal thereof shall, save by permission of the registrar, be signed by the same person who signed the præcipe to lead the entry of the caveat. 176. Application may be made to the judge on motion or by summons to overrule any caveat. ORDER VI. CONCURRENT WRITS. 1. The plaintiff in any action may, at the time of or at any time Concurduring twelve months after the issuing of the original writ of sum- rent writs mons, issue one or more concurrent writ or writs, each concurrent writ to bear teste of the same day as the original writ, and to be marked with a seal bearing the word "concurrent," and the date of issuing the concurrent writ: and such seal shall be impressed upon the writ by the proper officer: Provided always, that such concur rent writ or writs shall only be in force for the period during which the original writ in such action shall be in force. 2. A writ for service within the jurisdiction may be issued and marked as a concurrent writ with one for service, or whereof notice in lieu of service is to be given, out of the jurisdiction; and a writ for service, or whereof notice in lieu of service is to be given, out of the jurisdiction, may be issued and marked as a concurrent writ with one for service within the jurisdiction. Disclosure of client by soli citor. Disclosure ORDER VII. DISCLOSURE BY SOLICITORS AND PLAINTIFFS. 1. Every solicitor whose name shall be indorsed on any writ of summons shall, on demand in writing made by or on behalf of any defendant who has been served therewith or has appeared thereto, declare forthwith whether such writ has been issued by him or with his authority or privity; and if such solicitor shall declare that the writ was not issued by him or with his authority or privity, all proceedings upon the same shall be stayed, and no further proceedings shall be taken thereupon without leave of the Court or a judge. It was the ancient practice of the Court that the proctor should exhibit his proxy, showing that he was authorized to appear for his client. But this practice has gradually fallen into disuse, and it was of late always assumed that a solicitor who appeared for a party was duly authorized to do so; at the same time the Court, if it though right, could always require the solicitor to state by name the parties for whom he was authorized to appear (The Euxine, L. R. 4 P. C. 8; 41 L. J. Ad. 17). The above rule will now govern the practice as between plaintiffs' solicitor and the defendant; but as regards the power of the Court to inquire, the old practice remains in force. Payment of solicitors' charges by a client, if he changes them during the action, will be enforced by the Court before allowing it to proceed (The Oneiza, L. R. 4 Ad. 36; 1 Asp. M. C. N. S. 470. 2. When a writ is sued out by partners in the name of their firm, |