3346
THE NEW ZEALAND GAZETTE
[No. 93

holding or having received such freight or proceeds to pay the same
into Court.

6. In urgent cases the marshal may, after a warrant is placed in
   his hands for execution, authorize his substitute by telegram or tele-
   phone to detain such property until the service of the warrant can
   be duly effected as herein provided.

7. Warrants may be served on any day, including Sunday and
   any public holiday.

8. Warrants shall be filed by the marshal within one week after
   service thereof has been completed, with a certificate of service en-
   dorsed thereon.

9. This order shall not apply to ships of war.

ORDER XI.

SALE, APPRAISEMENT, SAFE CUSTODY, AND INSPECTION OF PRIZE.

1. The Judge may, at any time on the application of the marshal
   or any party, make such order as to the removal, safe custody, or
   preservation of a ship as he may think fit, and may at any time, on
   account of the condition of a ship, or on the application of a claimant,
   and on or after condemnation, order the ship to be appraised, if not
   already appraised, and sold.

2. The appraisement and sale of a ship, the removal and survey
   thereof, and the unloading and warehousing of goods shall be effected
   by the marshal under the authority of a commission.

Forms of commission and bills of sale by the marshal will be found
in Appendix A, Nos. 23 and 25.

3. Where a ship is ordered to be sold, such sale shall be by public
   auction, unless the Judge shall for good cause otherwise order, and
   the gross proceeds thereof shall be paid into Court by the marshal.

Form showing usual conditions of sale will be found in Appen-
dix A, No. 26.

4. Where the Judge orders any act or acts in Rule 2 mentioned
   to be done, the party who has obtained the order shall thereupon
   obtain out of the Registry a commission, and shall lodge the same
   with the marshal for execution.

5. Every commission issued under Rule 2 shall, as soon as possible
   after its execution, be filed in the Registry by the marshal, with a
   return setting forth the manner in which it has been executed. The
   marshal shall, with the commission, file his accounts and the vouchers
   in support thereof.

Forms of marshal’s certificate and accounts will be found in
Appendix A, Nos. 24 and 27.

6. The Registrar shall on the application of any party review
   the marshal’s accounts, and shall report the amount which he con-
   siders should be allowed; and any party to the cause may be heard
   before the Registrar on the review.

7. The Judge on the application of any party by summons may
   review the Registrar’s decision.

8. The amount found due to the marshal shall be paid out to
   him on an order signed by the Judge.

9. All costs and expenses of and incidental to orders issued under
   Rule 2 shall in the first instance be borne and paid by the party on
   whose application the order is issued.

10. Where the Judge directs that goods be unladen, inventoried,
    and warehoused, they shall, unless the Judge otherwise orders, re-
    main in the custody of the marshal until sale or restitution there-
    of.

11. The Judge may, if he thinks fit, upon the application of any
    party to a prize proceeding, order any property under the arrest of
    the Court or being the subject-matter of a prize proceeding to be
    inspected by any party thereto or by any person appointed by the
    Court.

ORDER XII.

BAIL.

1. Bail shall be given by filing a bail bond, which shall be signed
   by two sureties, unless the Judge shall order that one surety shall
   suffice, and it shall be taken before a commissioner authorized to
   administer oaths in the Court in the exercise of its ordinary juris-