Directory_and_Chronicle_1898 — Page 334

RULES OF PROCEDURE IN SUPREME COURT IN CHINA AND JAPAN 277

sought to be recovered (which should include the estimated costs of the suit). It must be supported by an affidavit of all the circumstances which justify its being made, and a fee is to be paid on its being granted.

Nork. The application must be filed in triplicate,-one copy for service on the vessel, another for the Court, and the third for service on any party who may appear to the action,

(2). It shall be in the discretion of the Court to require and take security from the applicant for the prosecution of the suit

■ well as to cover any damages which may be awarded against him, in consequence of the impropriety, frivolity, or maliciousness of the application.

(3) All payments into Court shall be made in such currency and at such exchange as the Court shall direct.

5. On the application being made in due form, a warrant will issue to the officer of the Court, to arrest the Res and cite all persons, having an interest in the subject-matter of the arrest, to appear within a time mentioned in the warrant and answer to the plaintiff in his cause.

6. The arrest shall be executed by the arresting officer affixing a certified copy of the warrant to the principal mast or to some other conspicuous part of the ship, after having previously read the original warrant to the officer or other person in charge of the vessel.

Nore. The warrant extends to the apparel, appurtenances, &c., of the ship, although all or part may have been detached from her and sent on shore. If the entire cargo be still on board the vessel the service on the mast arrests the former as well the latter, and should the action be against the freight, this latter is considered to be arrested simultaneously with the cargo. But should the cargo have been landed, and deposited in a public or private warehouse, a separate and distinet arrest of it must be made—provided the warehouse be within the jurisdiction of a British Court. In this case, the officer of the Court will aillx a certineal copy of the warrant on such separate cargo, and the like if the cargo has been transhipped to a British ship. But if the warehouseman, or person in charge of the cargo, will not permut access to it, the officer will serve him instead of the Res with the warrant, by showing to him the original and leaving with him a copy of it.

(2) The fact of ariest is to be certified by endorsement under the hand of the officer makin; it.

7.--A person nominated by the Court shall be left in charge of the Res.

Nors.-A fee will be charged on each of the three last named steps (5-7), that is to say, for the warrant, the service and arrest, and expenses connected with and arising out of the custody of ship, &c.

8.

-The fact of the arrest and the citation to appear shall be advertised in the usual way.

9. At any time before the trial of the case, the owner or captain or any one interested in the vessel or in the cargo or freight attached, may come in and give an undertaking to appear or to appear and give bail to the action. Such an undertaking sball operate as a stay of all proceedings for twenty-four hours, after which time, or such extended time as the Court may see fit to grant, if no appearance is entered or no bail given, the proceedings shall continue as if no such undertaking had been given.

Not. If bail—which also implies appearance-be given, the Res arrested shall be released, and the action proceed. (2) If only an appearance is entered, the Res shall be detained under arrest.

13: On bail being tendered and an appearance entered, it shall be competent for the Court to require security for costs. 44. On tender of bail, it shall be competent for the Court to accept the same, or to call on the petitioner to accept the sume, or to make an order for justification of the bail.

10. A petition shall be filed within three days after the arrest is completed unless a longer time shall on application be allowed by the Court: and such petition shall be served in the same way as the order of arrest, as well as upon any parties who may have appeared in answer to the citation.

11.-The Rules prevailing in the Supreme Court with reference to answers, setting down the cases for hearing, and hearing shall be applicable to causes in the Admiralty. 12. At any stage of a cause, either party may pray for an appraisement of the Res, and it shall be competent for the Court to order such appraisement on such terms as to costs and expenses as it sees fit to impose.

13.-All Interlocutory Proceedings and all proceedings before and on the trial of the case. shall, as far as circumstances admit, be conducted in conformity with the General Rules of Procedure in the Supreme Court.

14. On the cause being heard, the Court shall give judgment and decree the release of the Res or-in the event of a decision adverse to the ship, and should no bail have been given in the suit, or no satisfaction of the judgment of the Court be offered by the party (if any) who appeared to defend the suit-the sale thereof. The date at which such sale shall take place, and the manner-whether by public auction or otherwise, as shall seem to the Court most advantageous-shall be specified in the decree of the Court and notified by advertisement.

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