RULES OF THE VICE-ADMIRALTY COURTS IN H.M.'S POSSESSIONS ABROAD 357
(c.) In an action between co-owners relating to the ownership, possession, employment, or earnings of any ship registered in the Possession, the port at which the ship is registered and the number of shares in the ship owned by the party proceeding.
32. In an action for bottomry, the bottomry bond in original, and, if it is a foreign language, a translation thereof, shall be produced for the inspection and perusal of the Registrar, and a copy of the bond, or of the translation thereof, certified to be correct, shall be annexed to the affidavit.
33. The Registrar, if he thinks fit, may issue a warrant, although the affidavit does not contain all the prescribed particulars, in an action for bottomry, although the bond had not been produced; or he may refuse to issue a warrant without the order of the judge.
34. The warrant shall be prepared in the registry, and shall be signed by the registrar, and issued under the seal of the Court.
35. The warrant shall be served by the Marshal, or his officer in the manner prescribed by these rules for the service of a writ of summons in an action in rem, and thereupon the property shall be deemed to be arrested.
36. The warrant may be served on Sunday, Good Friday, or Christmas Day, as well as on any other day.
37. The warrant shall be filed by the Marshal within one week after service thereof has been completed, with a certificate of service indorsed thereon.
38. The certificate shall state by whom the warrant has been served, and the late and mode of service, and shall be signed by the Marshal,
BAIL.
39. Whenever bail is required by these rules, it shall be given by filing one or more bail bonds, each of which shall be signed by two sureties, unless the judge- shall, on special cause shown, order that one surety shall suffice.
40. Every bail bond shall be prepared in the registry and shall be signed before the registrar, or by his direction before a clerk in the registry, or before a commissioner appointed by the Court, to take bail.
41. Sureties may attend to sign a bond either separately or together.
42. If bail is taken before a commissioner, the sureties shall justify by affidavit. 43. The commission to take bail and the affidavits justification shall be prepared in the registry, and issued with the bail bond, and shall with the bail bond, when executed, be returned to the registry by the commissioner.
44. No commissioner shall be entitled to take bail in any action in which he, or any person iu partnership with him, is acting as solicitor or agent.
45. Before filing a bail bond, notice of bail shall be served upon the adverse party, and a certificate of such service shall be indorsed on the bond by the party filing it.
46. If the adverse party is not satisfied with the sufficiency of any surety, he may file a notice objecting to such surety, or requiring him to justify, if he has not already done so.
RELEASES.
47. A release for property arrested by warrant may be issued by order of the judge.
48. A release may also be issued by the registrar, unless there is a caveat outstanding against the release of the property-
(a.) On payment into court of the amount claimed, or of the appraised value of the property arrested, or, where cargo is arrested for freight only, of the amount of the freight verified by affidavit:
No comments yet.
Private notes are available after approval.