Page:Halsbury Laws of England v1 1907.pdf/308

 Admiralty.

86 Sect,

1.

Actions in rem.

Verification of service of

warrant.

or on bail being put in or money paid into Court in ship-keeper is put in possession under the authority of the Admiralty Marshal during the time a ship is under arrest (o), and any person breaking the arrest or interfering with the property whilst under arrest is guilty of a contempt of Court and liable to

appearance

iii),

lieu of bail.

A

attachment

{j)).

163. The service of the warrant is verified by the certificate of the Admiralty Marshal, or his substitute who effected the service, indorsed on the warrant [q) and within six days of the service the original warrant bearing the indorsement must be returned to the Admiralty Eegistry or the district registry out of which it issued, and be filed there with the usual minute by the solicitor who took

it

Removal

of

property

under

arrest.

Service of writ.

out

(?•).

164. If during the time the property remains under arrest it has to be removed to another place than that where it was arrested, or if cargo has to be unladen from a ship under arrest, a summons must be taken out before the Judge in chambers or the Eegistrar, who will issue a commission of removal or a commission of unlivery, as the case may be. In some cases the issue of a formal commission will be dispensed with, the Admiralty Marshal acting on a copy of the order made on the summons (s). 165. The time for judgment in actions where there has been default is counted from the date of the service of the writ (i), and accordingly the writ, which may be served by the plaintiff's solicitor or any person on his behalf {a), should be served as soon as possible after it has issued, unless the defendant's solicitor agrees to accept service (h). In practice a convenient opportunity for service occurs as soon as the Admiralty Marshal or his substitute has entered into possession under a warrant. The writ is served on ship, freight, or cargo in the same manner as above mentioned in the case of the service of a warrant (c) but where the action is against proceeds in Court it is served on the Eegistrar or district registrar {d) but in all other Service on the Eegistrar need not be verified (e) in appearance



.

Verification of service.



{n)

E.

S. 0.,

Ord. 29,

By the Order as

r. 2.

Supreme Court Fees, 1884, No. 98, a Court fee of os. per Admiralty Marshal's office "on retaining possession of a ship with or without a cargo, or of a ship's cargo without a ship, to include the (o)

day is

to

to be paid in the

cost of a ship keeper if required." {f) The Seraglio (1885), 10 P. D.

120; The Armenian, Admiralty Court, 1874 (unreported) The Barmonie {184:1), 1 W. Eob. 179; The Bare The Mathests (1844), 2 W. Eob. 286, at p. 288. (1850), 14 Jur. 1123 The SoUs (1885), 10 P. D. 62, 64. iq) E. S. C, Ord. 67, r. 14 (r) E. S. C, Ord. 9, r. 11. (s) See " Admiralty Procedure against Merchant Ships and Cargoes etc.," by E. G-. M. Browne (Admiralty Marshal), 1887 edn., pp. 187-189. Where the issue of a commission is not required, the only Court fees payable would be those for the summons and order. (0 E. S. C, Ord. 13, r. 12a. (a) The SoUs (1885), 10 P. D. 62. {h) E. S. C, Ord. 9, r. 10. (c) See p. 85, ante. (d) The Cassiopeia (1879), 4 P. D. 188. (e) Proceeds of The Berengere, [1905] W. N. 18.

March

20,