NRS-14505 | Caveat Warrant and Release Book

Full description

Caveat warrants and releases were defined under Rule 159 and 160 of the Supreme Court Rules and Regulations of 1883. Rule 159 specified that "Any person desiring to prevent the arrest of any property may file a note undertaking within three days after being required to do so, to give bail to any action or counterclaim that may have been, or may be brought against the property, and thereupon the registrar shall enter a caveat in the caveat warrant book".

Rule 160 provided that "Any person desiring the release of any property under arrest, shall file a notice, and thereupon the registrar shall enter a caveat in the caveat release book". (1)

This series records both caveat warrants and caveat releases. The name of the ship against which the caveat was entered, the date of the caveat, and subsequent withdrawal of the caveat, if applicable, are noted. Entries until 1911 refer to actions in the Vice Admiralty Court, while entries from 1912 refer to actions in the Supreme Court in its Admiralty Jurisdiction.

End notes
(1) Order of Queen in Council New Rules touching the the practice to be observed in the Vice-Admiralty Courts 23 August 1883. In NSW Parliamentary Papers 1883-84 Vol. 11 p. 703-734. The rules took effect in NSW from 1 Januaryu, 1884.