--(1) Except in the case where a ship or aircraft has been arrested in respect of a claim under rule 74.2(a) or (b), the court must permit the release of a ship or aircraft which has been arrested upon sufficient bail being provided.
--(2) Where a ship or aircraft has been arrested in respect of a claim under rule 74.2(a) or (b) the court may-
----(a) permit the person in possession of the ship or aircraft to continue trading upon such person providing sufficient bail; or
----(b) deal otherwise with the operation of the ship during the period of arrest.
--(3) In default of agreement between the parties as to the amount of bail, the court must determine the nature and amount of such bail.
--(4) Bail on behalf of a party to a claim in rem may be given by-
----(a) bond in the appropriate practice form; or
----(b) bank guarantee or other security from a reputable financial institution acceptable to the marshal.
--(5) Sureties to a bond must enter into the bond before a commissioner of affidavits not being a commissioner who, or whose partner or associate, is acting as attorney-at-law or agent for the party on whose behalf the bail is to be given.
--(6) Subject to paragraph (7), a surety to a bail bond must make an affidavit stating that he is able to pay the sum for which the bond is given.
--(7) Where a corporation is a surety to a bail bond given on behalf of a party, no affidavit may be made under paragraph (6) on behalf of the corporation unless the opposite party requires it, but where such an affidavit is required it must be made by a director, manager, secretary or other similar officer of the corporation.
--(8) The party on whose behalf bail is given must serve on the opposite party a notice of bail containing the names and addresses of the persons who have given bail on his behalf and of the commissioner before whom the bail bond was entered into.
--(9) After the expiration of 24 hours from the service of the notice (or sooner with the consent of the opposite party) the party on whose behalf bail is given may file the bond and must at the same time file-
----(a) the affidavits (if any) made under paragraph (2); and
----(b) an affidavit proving due service of the notice of bail to which a copy of that notice must be exhibited.
Notes
Amended by Legal Notice 140 of 2000 although an error in the Legal Notice describes the rule to be amended as rule 74.47(5).
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