Caveats

65. Any person desiring to prevent the arrest of any property or the release of any property under arrest or the payment of any moneys out of Court may cause a caveat against the issue of any warrant of arrest or of any order of release or for the payment. of moneys out of Court to be entered by the Registrar in a book to be kept by him for that purpose and hereinafter called the Caveat Book.

66. The person desiring to enter a caveat shall make a written application for the entry thereof to the Registrar.

67. Every such application, signed by the person making the same, or his advocate, shall be entitled in the action, and, in the case of a caveat against the arrest of property, if there be no action, then with the description of the property against the arrest of which the caveat is entered.

68. Every application for the entry of a caveat shall be filed; and may be in the Form F in Schedule I hereto.

69. If the person applying for a caveat to be entered is not a party to the action, the application shall contain a statement of his name and place of residence, and an address within the municipal limits of the town within which the Court-house is situate, at which it shall be sufficient to leave all documents required to be served upon him.

70. No order of the Court or Judge affecting the property or moneys referred to or specified in any caveat, duly entered in accordance with these Rules, shall ordinarily be made on the application of any party or person, except notice of such application shall have been given to the party or person at whose instance the caveat has been entered, but the Court or Judge may, upon proof or any special circumstances, which render it desirable or necessary, and upon such terms as may seem fit, make any such order without notice to the person by whom the caveat has been entered.

71. Where any order of arrest, or release of property, or for the payment of money out of Court, has been made without notice to the party by whom a caveat, affecting such property, shall have been entered, the party, on whose application such order has been made, shall be liable for all costs and damages occasioned thereby, unless he shall show to the satisfaction of the Judge good and sufficient reason to the contrary.

72. A caveat shall not remain in force for more than three months from the date of entering the same.

73. A caveat may at any time be withdrawn by the person at whose instance it has been entered giving notice of withdrawal in writing to the Registrar.

The Registrar shall, upon receipt of such notice, file the same and make a note against the caveat that the same has been withdrawn, and the date of such withdrawal.

Appraisement, etc., of Property under the Arrest of the Court.