CAP. 4]
Particulars
of affidavit in certain actions.
Production
of bottomry bond in
action for bottomry.
Issue of warrant notwith-
standing certain defects.
Preparation, etc., of warrant.
Appendix, Form 12.
Mode of service of warrant.
Supreme Court.
30. (1) In an action for wages the affidavit shall also state the national character of the ship, and, if the ship is foreign, that notice of the action has been served upon a consular officer of the state to which the ship belongs, if there is one resident in the Colony.
(2) In an action for necessaries, or an action by the owner, or consignee, or assignee of any bill of lading of any goods imported into the Colony in any ship, for damage done to the goods or any part thereof by the negligence or misconduct of, or for any breach of duty or breach of contract on the part of, the owner, master, or crew of the ship, the affidavit shall also state the national character of the ship, and that, to the best of the deponent's belief, no owner or part owner of the ship was domiciled in the Colony at the time of the institution of the action.
(3) In an action between co-owners relating to the ownership, possession, employment, or earnings of any ship registered in the Colony, the affidavit shall also state the number of shares in the ship owned by the party proceeding.
31. In an action for bottomry the bottomry bond in original, and, if it is in 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.
32. The Registrar may, if he thinks fit, issue a warrant although the affidavit does not contain all the prescribed particulars, and, in an action for bottomry, although the bond has not been produced; or he may refuse to issue a warrant without an order of the court.
33. The warrant shall be prepared in the Registry, and shall be signed by the Registrar, and issued under the seal of the court.
34. The warrant shall be served by the bailiff 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.
270
CAP. 4]
Particulars
of affidavit in certain actions.
Production
of bottomry bond in
action for bottomry.
· Issue of warrant notwith-
standing certain defects.
Preparation, etc., of warrant.
Appendix, Form 12.
Mode of service of warrant.
Supreme Court.
30. (1) In an action for wages the affidavit shall also state the national character of the ship, and, if the ship is foreign, that notice of the action has been served upon a consular officer of the state to which the ship belongs, if there is one resident in the Colony.
(2) In an action for necessaries, or an action by the owner, or consignee, or assignee of any bill of lading of any goods imported into the Colony in any ship, for damage done to the goods or any part thereof by the negli- gence or misconduct of, or for any breach of duty or breach of contract on the part of, the owner, master, or crew of the ship, the affidavit shall also state the national charac- ter of the ship, and that, to the best of the deponent's belief, no owner or part owner of the ship was domiciled in the Colony at the time of the institution of the action.
(3) In an action between co-owners relating to the ownership, possession, employment, or earnings of any ship registered in the Colony, the affidavit shall also state the number of shares in the ship owned by the party pro- ceeding.
31. In an action for bottomry the bottomry bond in original, and, if it is in 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 transla- tion thereof, certified to be correct, shall be annexed to the affidavit.
32. The Registrar may, if he thinks fit, issue a war- rant although the affidavit does not contain all the pres- cribed particulars, and, in an action for bottomry, although the bond has not been produced; or he may refuse to issue a warrant without an order of the court.
33. The warrant shall be prepared in the Registry, and shall be signed by the Registrar, and issued under the seal of the court.
34. The warrant shall be served by the bailiff 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.
270
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