THE "ABODI MENDI."

(1939) 63 Ll L Rep 100

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice Clauson and Lord Justice Finlay.

Admiralty practice-Ship-Action in rem for possession brought by plaintiffs, the Spanish Republican Government - Arrest by Admiralty Marshal-Unconditional appearance entered by owners and captain-Conditional appearance entered by Nationalist Government of Spain-Notice of discontinuance of action given by plaintiffs-Consent to release signed by owners-Summons for release issued by plaintiffs- Captain prevented from returning on board-Consent to release withdrawn by owners-Whether consent by owners necessary as plaintiffs had discontinued their action-Summons by owners for order for reinstatement of master-Allegation by plaintiffs that captain had been dismissed prior to issue of writ and had never acted as captain since-Function of Admiralty Marshal - Rules of the Supreme Court, Order 5, r. 16, Order 29, Order 52, r. 23.