Article 22

For Order 75, rule 12 there shall be substituted the following new rule:—

“Directions with respect to property under arrest

12

(1)

The marshal may at any time apply to the Court for directions with respect to property under arrest in any action and may, and if the Court so directs shall, give notice of the application to any or all of the persons referred to in paragraph (2).

(2)

The marshal shall send by post a copy of any order made on an application under paragraph (1) to all those persons who, in relation to that property, have—

(a)

entered a caveat which is still in force; or

(b)

caused a warrant for the arrest of the property to be executed by the marshal; or

(c)

acknowledged issue or service of the writ in any action in which the property is under arrest; or

(d)

intervened in any action in which the property is under arrest.

(3)

A person other than the marshal may make an application under this rule by summons or motion in the action in which the property is under arrest and the summons or notice of motion together with copies of any affidavits in support must be served upon the marshal and all persons referred to in paragraph (2) unless the Court otherwise orders on an application made ex parte.

(4)

A district registrar by whom any order under paragraph (3) is made shall cause a copy of the order to be sent to the marshal.”.