Document ID: chunk:federal_register_of_legislation:F2016C00720:reg:49
Version: federal_register_of_legislation:F2016C00720
Segment Type: reg
Provision Reference: reg 49
Character Range: 39598–40711

49  Discharge
 (1) If:
 (a) cargo on board a ship is under arrest but the ship is not; or
 (b) a ship is under arrest but its cargo is not;
a person who is entitled to immediate possession of the ship or the cargo, respectively, may apply, in accordance with Form 17, to the Marshal to discharge the cargo from the ship.
 (2) If:
 (a) the Marshal is satisfied that the applicant is entitled to immediate possession of the ship or cargo;
 (b) the applicant gives an undertaking in writing that is satisfactory to the Marshal to pay on demand to the Marshal the costs and expenses of the Marshal in connection with the discharge; and
 (c) if the Marshal so requires, the applicant indemnifies the Marshal, in a form satisfactory to the Marshal, in respect of any claim against the Marshal arising from the discharge;
the Marshal may comply with the application.
 (3) If:
 (a) cargo on a ship is under arrest but the ship is not; or
 (b) a ship is under arrest but its cargo is not;
the court may, on application and subject to such terms and conditions as are just, order the cargo to be discharged from the ship.