A 288
[Subsidiary]
App. B. Form 6.
CAP. 4] The Rules of the Supreme Court-Order 75
[1988 Ed.
(2) A writ need not be served or filed as mentioned in paragraph (1) if the writ is deemed to have been duly served on the defendant by virtue of Order 10, rule 1(4) or (5).
(3) Where by virtue of this rule a writ is required to be served on any property, then, if the plaintiff wishes service of the writ to be effected by the bailiff, he must file in the Registry a praecipe in Form No. 6 in Appendix B and lodge—
(a) the writ and a copy thereof, and
(b) an undertaking to pay on demand all expenses incurred by the bailiff or his substitute in respect of the service of the writ,
and thereupon the bailiff or his substitute shall serve the writ on the property described in the praecipe.
(3A) Where a writ is served on any property by the bailiff or his substitute the person effecting service must indorse on the writ the following particulars, that is to say, where it was served, the property on which it was served, the day of the week and the date on which it was served, the manner in which it was served and the name and the address of the person effecting service, and the indorsement shall be evidence of the facts stated therein.
(4) Where the plaintiff in an action in rem, or his solicitor, becomes aware that there is in force a caveat against arrest with respect to the property against which the action is brought, he must serve the writ forthwith on the person at whose instance the caveat was entered,
(5) Where a writ by which an action in rem is begun is amended under Order 20, rule 1, after service thereof, Order 20, rule 1(2), shall not apply and, unless the Court otherwise directs on an application made ex parte, the amended writ must be served on any intervener and any defendant who has acknowledged issue or service of the writ in the action or, if no defendant has acknowledged issue or service of the writ, it must be served in accordance with paragraph (1) of this rule.
9.
Committal of solicitor failing to comply with undertaking (O. 75, r. 9)
Where the solicitor of a party to an action in rem fails to comply with a written undertaking given by him to any other party or his solicitor to acknowledge issue or service of the writ in the action, give bail or pay money into court in lieu of bail, he shall be liable to committal.
Execution, etc., of warrant of arrest (O. 75, r. 10)
10. (1) A warrant of arrest is valid for 12 months beginning with the date of its issue.
(2) A warrant of arrest may be executed only by the bailiff or his substitute.