--(1) Except where property arrested in pursuance of a warrant of arrest is sold under an order of the court, such property may only be released under the authority of a release in the appropriate practice form.
--(2) A release may not be issued with respect to property as to which a caveat against release is in force, unless, either-
----(a) at the time of the issue of the release the property is under arrest in one or more other proceedings; or
----(b) the court so orders.
--(3) A release may be issued at the instance of any party to the claim in which the warrant of arrest was issued if the court so orders, or, subject to paragraph (2), if all the other parties, except a defendant who has not acknowledged issue or service of the claim form, consent.
--(4) Before a release is issued, the party applying for its issue must, unless paragraph (2)(a) applies, give notice to any person at whose instance a subsisting caveat against release has been entered, or to his attorney-at-law, requiring the caveat to be withdrawn.
--(5) Before property under arrest is released in compliance with a release issued under this rule, the party at whose instance it was issued must, in accordance with the directions of the marshal either-
----(a) pay the fees of the marshal already incurred and lodge in the marshal's office an undertaking to pay on demand the other fees and expenses in connection with the arrest of the property and the care and custody of it while under arrest and of its release; or
----(b) lodge in the marshal's office an undertaking to pay on demand all such fees and expenses, whether incurred or to be incurred.
--(6) The court, on the application of any party who objects to directions given to him by the marshal under paragraph (5), may vary or revoke the directions.
Notes
Amended by Legal Notice 233 of 2005.
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