Aug. 29. THE NEW ZEALAND GAZETTE. 3347

diction, or before the Registrar, or by his direction before a clerk in
the Registry, and in every case the sureties shall justify by affidavit.
Forms of bail bond and of affidavit of justification will be found
in Appendix A, Nos. 28 and 29.

2. A bail bond shall not, unless by consent, be filed until after
   the expiration of twenty-four hours from the time when a notice
   (Appendix A, Form No. 30) 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.

3. No Commissioner shall take bail on behalf of any person for
   whom he or any person in partnership with him is acting as solicitor
   or agent.

4. A commission or fee paid to a person becoming surety to a
   bail bond or otherwise giving security may be recovered on taxa-
   tion, provided that the amount of such commission or fee shall not
   in the aggregate exceed one pound per centum on the amount in which
   bail is given.

5. If the adverse party is not satisfied with the sufficiency of a
   surety, he may file a notice of objection to such surety (Appendix A,
   Form No. 31). The surety shall thereupon be produced for cross-
   examination on his affidavit before the Registrar, who shall report
   on his sufficiency. If the Registrar reports against the sufficiency
   of the surety, a new bail bond shall be prepared.

6. Where bail is given in a cause for condemnation it shall be
   deemed to be given and to be answerable not merely to the actual
   captors, but to all parties having any rights in or against the pro-
   perty, including the Crown, and in respect of the decree of the Court
   or of any Court authorized to hear appeals therefrom.

ORDER XIII.
RELEASES.

1. Property in the custody of the Court whether under arrest
   or otherwise shall only be released under the authority of an instru-
   ment issued from the Registry (Appendix A, Form No. 32), to be
   called a release.

2. A release shall be issued at any time before adjudication upon
   the application of the proper officer of the Crown.

3. A release may be issued without an order of the Judge unless
   there is a caveat outstanding against the release of the property—
   (1.) Where the property has been ordered by the Judge to be
   delivered on bail, and one or more bail bonds have been
   filed for the appraised value of the property ; or
   (2.) Where the property has been arrested at the instance of the
   Crown and a consent for a release signed by the proper
   officer of the Crown is filed ; or
   (3.) Where the property is the subject of proceedings for con-
   demnation and a consent to restitution signed by the captors
   is filed ; or
   (4.) Where proceedings instituted by or on behalf of the Crown
   are discontinued ; or
   (5.) Where in proceedings for the recovery of prize salvage the
   parties claiming salvage discontinue their proceedings, or
   their claim is dismissed ; or
   (6.) Where in proceedings for the recovery of prize salvage one
   or more bail bonds have been filed, or other satisfactory
   security given, for the amount of salvage claimed and
   costs.

4. No release shall affect the right (if any) of the owners of the
   property captured to costs and damages against the captor, unless so
   ordered by the Judge.

5. Where property has been arrested for prize salvage, the release
   shall not be issued under the foregoing Rules, except on discontinuance
   of the proceedings or dismissal of the claim, until the value of the
   property arrested has been agreed upon between the parties or ascer-
   tained as by these Rules provided, unless the Judge shall otherwise
   order.

6. The release shall be lodged with the marshal by the party upon
   whose application it has been issued, and thereupon, upon payment
   to the marshal of all fees due to and charges incurred by him in
   B