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Report No. 151

6. Proceedings where a claim is made to goods taken in execution.-

If any claim shall be made to any goods or chattels taken in execution under any process of the High Court of Admiralty, or in respect of the seizure thereof, or any act or matter connected therewith or in respect of the proceeds or value of any such goods or chattels, by any landlord for rent, or by any person not being the party against whom the process has issued, the registrar of the said Court may, upon application of the officer charged with the execution of the process,
whether before or after any action brought against such officer issue a summons calling before the said Court both the party issuing such process and the party making the claim: and thereupon any action which shall have been brought in any of Her Majesty's Superior Courts of Record, or in any local or inferior court, in respect of such claim, seizure, act or matter as aforesaid, shall be stayed; and the Court in which such action shall have been brought or any judge thereof,
on proof of the issue of such summons, and that the goods and chattels were so taken in execution may order the party bringing the action to pay the costs of all proceedings had upon the action after issue of the summons out of the said Admiralty Court: and the Judge of the said Admiralty Court, shall adjudicate upon the claim, and make such order between the parties in respect thereof and of the costs of the proceedings, as to him shall seem fit and such order shall be enforced in like manner as any order made in any suit brought in the said Court.

Where any such claim shall be made as aforesaid, the claimant may deposit with the officer charged with the execution of the process either the amount or value of the goods claimed, the value to be fixed by appraisement in case of dispute, to be by the officer paid into Court to abide the decision of the Judge upon the claim, or which the officer shall be allowed to charge as costs for keening posssessdiootg, h possession ofthe officerogfofoicclesr until such decision can be obtained; and in default of the claimant so may sell the goods as if no such claim had been made, and shall pay into Court the proceeds of the sale, to abide the decision of the judge.

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