Admiralty Rules (Cth)

STATUTORY RULES.

1917. No. 322.

 

HIGH COURT OF AUSTRALIA.

 

RULES OF COURT.

 

As of Tuesday, the 4th day of December, a.d. 1917.

It is ordered as follows:—

I. The following Rules shall stand as Order XLIIa. of the Rules of the High Court and may be cited as the “Admiralty Rules.”

ORDER XLIIa.

Practice inAdmiralty Actions.

1. Except as by this Order otherwise provided the Rules of the Court relating to the procedure of the Court in its original jurisdiction shall so far as they are respectively applicable apply to Admiralty actions.

1. General.

Admiralty Action.

2.The term “Admiralty Action” means any action, cause, suit, or other proceeding instituted in the Court in the exercise of the jurisdiction conferred on it by the Colonial Courts of Admiralty Act 1890 and the Judiciary Act 1914.

To be commenced by writ of summons.

Title of action.

3. Admiralty actions shall be commenced by writ of summons. Every such action shall be entitled “In the High Court of Australia in Admiralty.” The title “Emperor of India” shall be added to the titles of the Sovereign.

C.6486.—Price 5d.

 

Admiralty actions for wages.

4. In Admiralty actions for seamen’s or master’s wages, two or more persons claiming relief against the same person or property may be joined as plaintiffs.

Crown Admiralty actions.

5. Actions for condemnation of any ship, boat, cargo, proceeds, slaves, or effects, or for recovery of any pecuniary forfeiture or penalty, shall be instituted in the name of the King.

Title of actions in personam

6. In an Admiralty action in personam the defendants may be described as the owners of the ship instead of by their personal names.

Forms of description of res.

7. In Admiralty actions in rem the description of the res shall be in such one of the forms following, as may be applicable, with such variations as circumstances may require, that is to say:—

(a) The Ship ;

or (b) The Ship and freight;

or (c) The Ship her cargo and freight;

or (if the action is against cargo only),

(d) The cargo ex the Ship (state the name of ship on board of which the cargo now is or lately was laden);

or (if the action is against the proceeds realized by the sale of the ship or cargo),

(e) The proceeds of the ship;

or (f)The proceeds of the cargo ex the Ship (or as the case may b e).

Indorsement of claim.

8. The indorsement of claim on the writ shall be in such one of the forms in the Schedule to this Order as may be applicable.

Account in certain Admiralty actions.

9. In Admiralty actions for seamen’s or master’s wages, or for master’s wages and disbursements or for necessaries, or for bottomry, or any other Admiralty action in which the plaintiff desires an account, the indorsement on the writ may include a claim to have an account taken.

Seaman not to give security in action for wages, &c.

10. A seaman suing in an Admiralty action for his wages or for the loss of his goods or clothes in a collision shall not be required to give security for costs.

2. Arrest of Property.

Arrest in Admiralty actions by warrant after affidavit.

11. In Admiralty actions in rem a warrant for the arrest of property, which shall be in the Form in the Schedule, with such variations as circumstances may require, may be issued by the Registrar at the instance either of the plaintiff or the defendant, at any time after the writ of summons has been issued. But, except by leave of the Court or a Justice, a warrant of arrest

 

shall not be issued until an affidavit by the party or his agent setting forth the particulars hereby prescribed, has been filed, and the following provisions have been complied with, that is to say:—

(a)The affidavit shall state the name and description of the party at whose instance the warrant is to be issued and the nature of the property to be arrested and that the claim or counter claim has not been satisfied, and that the aid of the Court is required to enforce it;

(b)In an action for wages or of possession the affidavit shall 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 place of the Registry in which the writ of summons is issued.

(c) In an action for necessaries the affidavit shall state the national character of the ship, the port to which the ship belongs, and that to the best of the deponent’s belief, no owner or part owner of the ship is domiciled in the Commonwealth at the time of the commencement of the action;

(d)In an action between co-owners relating to the ownership, possession, employment, or earnings of a ship registered in the Commonwealth, the affidavit shall state the port at which the ship is registered and the number of shares in the ship owned by the party proceeding;

(e) In an action of bottomry, the bottomry bond, and, if it it is in a foreign language, also a notarial 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.

Arrest without affidavit by leave.

12. The Court or a Justice may in any case, if they or he think fit, allow the warrant to issue, although the affidavit in the last preceding Rule mentioned may not contain all the prescribed particulars. The Court or a Justice may also, in an action for wages against a foreign ship, dispense with the service of the notice, and, in an action of bottomry, with the production of the bond.

3. Service and Arrest.

Service when dispensed with in Admiralty actions in rem.

13. In Admiralty actions in rem, service of the writ of summons or warrant of arrest shall not be required when the defendant or his solicitor agrees to enter an appearance and put in bail, or pay money into Court in lieu of bail.

 

Service of warrant of arrest in Admiralty actions.

14. In Admiralty actions in rem the writ of summons and warrant of arrest stall be served by the Marshal or his officer, and the party issuing the warrant shall, within six days from the service thereof, file the same in the Registry with a certificate of service indorsed thereon.

Mode of service of writ of summons in rem and warrants.

15. In Admiralty actions in rem, the service of a writ of summons in rem, or warrant against a ship, freight, cargo, or other property, is to be effected as follows:—

(a) Upon a ship, or upon freight, cargo, or other property if the cargo or other property is on board the ship, by nailing or affixing the original writ or warrant for a short time on the mainmast or on the single mast of the ship, or on some other conspicuous part of the vessel, and on taking off the process leaving a true copy of it nailed or affixed in its place;

(b)Upon freight, cargo, or other property if the cargo or other property is not on board a vessel, by placing the original writ of summons or warrant for a short time on the cargo or property and on taking off the process leaving a true copy of it thereon;

(c) Upon freight in the hands of any person, by showing the original writ or warrant to him, and leaving with him a true copy of it.

(d)Upon proceeds in Court by showing the original writ to the Registrar, and leaving with him a copy of it, which service shall be a sufficient arrest of the proceeds.

When no access to property.

16. If access cannot be obtained to the property on which the writ or warrant is to be served the service may be made by showing it to the person appearing to be in charge of the property and leaving with him a copy of it and also publishing a copy in some newspaper ordinarily circulating in the locality where the property is.

4. Appearance.

Solicitor not entering appearance.

17. A solicitor who fails to enter an appearance in pursuance of his written undertaking so to do, or who fails to put in security in an Admiralty action in rem, in pursuance of a like undertaking, shall be liable to attachment.

5. Pleadings. Discontinuance.

Delivery of statement of claim in Admiralty actions in rem.

18. In Admiralty actions in rem, the plaintiff shall, if required to deliver a statement of claim, and unless otherwise ordered by the Court or a Justice, deliver his statement of claim within twelve days from the entry of appearance by the defendant.

 

Extension or shortening of time.

19. In Admiralty actions the Court or a Justice may extend or shorten the time for pleading to any pleading of the opposite party.

Effect of discontinuance on consolidated actions.

20. The discontinuance of an Admiralty action by the plaintiff shall not prejudice any action consolidated with it.

6. Caveats and Releases in Admiralty Actions.

Caveat against warrant to arrest.

21. A party desiring to prevent the arrest of any property, may cause a caveat against the issue of a warrant for the arrest thereof to be entered in the Registry.

Caveat Warrant Book.

22. For the purpose in the last preceding Rule mentioned, the party shall cause to be filed in the Registry a notice, signed by himself or his solicitor, undertaking to enter an appearance in any action that may be commenced against the property, and to give security in such action in a sum not exceeding an amount to be stated in the notice, or to pay such sum into Court; and a caveat against the issue of a warrant for the arrest of the property shall thereupon be entered in a book to be kept in the Registry, called the Caveat Warrant Book.

Writ to be served on party entering caveat.

23. A plaintiff commencing an action against any property in respect of which a caveat has been entered in the Caveat Warrant Book, shall forthwith serve a copy of the writ upon the party on whose behalf the caveat has been entered, or upon his solicitor.

Security to be given within three days.

24. The party on whose behalf the caveat has been entered shall, if the sum in respect of which the action is commenced does not exceed the amount for which he has undertaken, give security in such sum within three days from the service of the writ.

If security not given, action may proceed as on default.

25. After the expiration of twelve days from the filing of the notice in Rule 22 of this Order mentioned, if the party on whose behalf the caveat has been entered has not, within three days from the service of the writ, given security as required by the last preceding Rule, the plaintiff may proceed with the action as upon default of appearance.

Judgment may be enforced by attachment and warrant

26. If, when the action comes before the Court, the Court is satisfied that the claim is well founded, it may pronounce for the amount which appears to be due, and may enforce payment thereof by attachment against the party on whose behalf the caveat has been entered, as well as by the arrest of the property, if it then is, or thereafter comes, within the jurisdiction of the Court.

Release.

27. Property arrested by warrant in Admiralty actions shall not be released except under the authority of an instrument issued from the Registry, to be called a release.

 

Caveat against release.

28. A party desiring to prevent the release of any property under arrest, shall file in the Registry a notice, and thereupon a caveat against the release of the property shall be entered in a book, to be kept in the Registry, called the Caveat Release Book.

Payment into Court.

29. Except as hereinafter provided, a party may obtain the release of any property by paying into Court the sum in respect of which the action has been commenced, or giving security for the like sum.

Release of cargo arrested for freight only.

30. Cargo, arrested for freight only, may be released by filing an affidavit as to the value of the freight, and by paying the amount of the freight into Court, or upon an order of the Court or a Justice upon proof that the freight has already been paid.

In salvage actions.

31. In an action for salvage, the value of the property under arrest shall be agreed, or an affidavit of value filed, before the property is released, unless the Court or a Justice otherwise orders.

On giving security.

32. A party who has given security in the sum in respect of which the action has been commenced, or paid such sum into Court, and if the action is one of salvage, has also filed an affidavit as to the value of the property arrested, shall be entitled to a release for the same, unless a caveat against the release is outstanding in the Caveat Release Book.

On consent or discontinuance or dismissal of action.

33. A release may also be issued by the Registrar, unless there is a caveat outstanding in the Caveat Release Book, on a consent in writing being filed, signed by the party at whose instance the property has been arrested, or on discontinuance or dismissal of the action in which the property has been arrested.

To be left with Marshal.

34. The release, when obtained, shall be left with the Marshal by the party taking it out, who shall also at the same time pay all costs, charges, and expenses attending the care and custody of the property while under arrest; and the property shall thereupon be released.

Registrar may require Justice’s order.

35. The Registrar may refuse to issue a release without the order of a Justice.

Liability for delaying release.

36. A party delaying the release of any property by the entry of a caveat shall be liable to be condemned in the costs and damages occasioned thereby, unless he shows to the satisfaction of the Court or a Justice good and sufficient reason for having done so.

Arrest notwithstanding caveat.

37. Nothing in these Rules shall prevent a solicitor from taking out a warrant for the arrest of any property, notwithstanding the entry of a caveat in the Caveat Warrant Book; but the party at

 

whose instance any property in respect of which the caveat was entered has been arrested shall be liable to have the warrant discharged and to be condemned in costs and damages, unless he shows to the satisfaction of the Court or Justice good and sufficient reason for having so done.

Caveat Payment Book.

38. A book shall be kept in the Registry, called the Caveat Payment Book, in which caveats shall be entered against the payment of money out of Court in Admiralty actions.

Caveat against payment out of Court.

39. A person desiring to prevent the payment of money out of Court in an Admiralty action must file a notice objecting to the payment, and thereupon a caveat shall be entered in the Caveat Payment Book.

Liability for delaying payment.

40. The party at whose instance a caveat payment is entered, shall be liable to be condemned in the costs and damages occasioned thereby, unless he shows to the satisfaction of the Court or Justice good and sufficient reason for entering the caveat.

Address of caveator.

41. If the person entering a caveat is not a party to the action, the notice shall state his name and address, and an address within one mile of the Registry, at which it shall be sufficient to leave all documents required to be served upon him.

Withdrawal of caveats.

42. A caveat may at any time be withdrawn by the person at whose instance it has been filed, on his filing a notice withdrawing it.

Caveats may be overruled.

43. The Court or a Justice may set aside any caveat.

7. Trial.

Mode of trial.

44.Admiralty actions shall be tried by a Justice without a jury.

Entry of cause for trial.

45. Notice of trial shall be given before entering the cause or questions or issues for trial; and a cause may be entered for trial, notwithstanding that the pleadings are not closed, provided that notice of trial has been given.

Avoidance of notice of trial.

46. The entry must be made with six days after notice of trial is given; otherwise the notice of trial shall cease to have effect.

Entry for trial by party served with notice.

47. If the party giving notice of trial omits to enter the cause or issues for trial on the day or the day after giving notice of trial, the party to whom notice has been given may, within four days thereafter, enter the same for trial, unless in the meantime the notice has been countermanded.

Trial in default of appearance.

48. In an Admiralty action, if no appearance has been entered, the plaintiff may, at any time after the time limited for appearance, apply to a Justice for leave to enter the action for trial ex parte.

 

In default of pleading.

49. In an Admiralty action, if an appearance has been entered, either party may give notice of trial and enter the action for trial as soon as the last pleading has been delivered, or as soon as the time allowed to the opposite party for delivering any pleading has expired without such pleading having been delivered.

Appointment of early day for trial in Admiralty actions.

50. In Admiralty actions either party may, at any stage of the proceedings, apply to the Court or a Justice for an Order that the trial shall take place on an early day to be appointed by the Court or Justice; and on such application the Court or Justice may appoint that the trial shall take place on any day or within any time which the Court or Justice may think fit; and for such purpose may dispense with giving notice of trial, or may abridge the time or times appointed by these Rules for giving notice of trial or for the delivery of pleadings, or for doing any other act or taking any other proceedings in the action, upon such terms, if any, as may be just.

In case of accounts.

51. In an Admiralty action in rem, if the writ of summons has been indorsed with a claim to have an account taken, or if the liability has been admitted or determined and the question is simply as to the amount due, the Justice may, on the application of either party, fix a time within which the accounts and vouchers, and the proofs in support thereof, shall be filed, and at the expiration of that time either party may give notice of trial and enter the action for trial.

Copies of pleadings, &c., to be delivered.

52. The party entering the cause or questions or issues for trial, shall deliver to the proper officer two copies of the whole of the pleadings, if any, and of the issues, or of such other proceedings as show the questions for trial, one of which shall be for the use of the Justice at the trial.

Proof on trial in default of appearance in actions in rem.

53. Upon the trial of an Admiralty action in rem upon default of appearance, the claim must be proved to the satisfaction of the Court.

Affidavit evidence in Admiralty references.

54. In default actions in rem, and in references in Admiralty actions evidence may be given by affidavit.

Payment out of Court to be on order only.

55. Money paid into Court in an Admiralty action shall not be paid out of Court except in pursuance of an order of the Court or a Justice.

Tender to be accompanied by payment into Court.

56. In an Admiralty action a party desiring to make a tender in satisfaction of the whole or any part of the adverse party’s claim, shall pay into Court the amount tendered by him, and shall file a notice of the terms on which the tender is made.

 

Acceptance or rejection of tender.

57. Within eight days after the filing of the notice, the adverse party shall file a notice stating whether he accepts or rejects the tender, and if he does not do so, he shall be deemed to have rejected it.

Suspension of proceedings.

58. Pending the acceptance or rejection of a tender, the proceedings in the action shall be suspended.

8. Motions.

Copies of affidavits to be served.

59.In Admiralty actions, a copy of every affidavit intended to be used on the motion shall be served with the notice of motion.

9. References to the Registrar.

Application of Rules.

60. The following thirteen Rules of this Order shall apply to references to the Registrar, whether the reference is to the Registrar alone, or to the Registrar assisted by a merchant or merchants.

Reference to Registrar and merchants.

61. The Court or a Justice may refer the assessment of damages and the taking of any account to the Registrar, either alone or assisted by a merchant or merchants.

Filing of claim and affidavits.

62. Within twelve days from the day when the order for the reference is made, the claimant shall file his claim and his affidavits verifying the same; and within twelve days from the day when the claim and affidavits are filed, the adverse party shall file his counter affidavits.

Filing of further affidavits.

63. After the filing of the counter affidavits, six days shall be allowed to either party for filing further affidavits, and after that period no further affidavits shall be filed, unless by order of the Court or a Justice, or by permission of the Registrar.

Time for hearing.

64. Within three days from the expiration of the time allowed for filing the last affidavits, the claimant shall file in the Registry a notice, praying to have the reference set down for hearing, and if he does not do so, the adverse party may apply to the Court or a Justice to have the claim dismissed with costs.

Hearing.

65. At the time appointed for the reference, if either party is present, the reference may be proceeded with; but the Registrar may adjourn the reference from time to time as he may deem proper.

Witnesses.

66. Witnesses may be produced before the Registrar for examination and the evidence may, on the application of either party, but at the expense in the first instance of the party on whose behalf

 

the application is made, be taken down by a shorthand writer or reporter appointed by the Justice, who shall be sworn faithfully to report the evidence; and a transcript of the shorthand writer’s or reporter’s notes, certified by him to be correct, shall be admitted to prove the oral evidence of the witnesses on an objection to the Registrar’s report.

Counsel.

67. Counsel may attend the hearing of any reference, but the expenses attending the employment of counsel shall not be allowed on taxation, unless the Registrar is of opinion that the attendance of counsel was necessary.

Report by Registrar.

68. When a reference has been heard, the Registrar shall make a report in writing of the result in the form of a certificate, showing the amount, if any found due, and to whom, together with any further particulars that may be necessary.

Costs.

69.The Registrar may, if he thinks fit, report whether any and what part of the costs of the reference shall be allowed, and to whom.

Notice to parties.

70. When the report is ready, notice shall be sent to the parties, and either party may thereupon take up and file the report.

Motion to vary.

71. Within two weeks from the date of the filing of the Registrar’s report, either party may give notice of motion to vary the report, specifying the items objected to.

Order thereon.

72. At the hearing of the motion the Justice may make such order thereon as he thinks just, or may remit the matter to the Registrar for further inquiry or report.

Confirmation if no motion to vary.

73. If a notice of motion to vary the report is not filed within two weeks from the date of the filing of the Registrar’s report, the report shall stand confirmed.

10. Appraisement or Sale.

Appraisement.

74. In Admiralty actions the Court or a Justice may, either before or after final judgment, order any property under the arrest of the Court to be appraised, or to be sold without appraisement, and either by public auction or by private contract.

Sale of perishable property.

75. If the property is deteriorating in value, the Court or a Justice may order it to be sold forthwith.

Without commission in certain cases.

76. If the property to be sold is of small value, the Court or a Justice may, if they or he think fit, order it to be sold without a commission of sale being issued.

 

Removal of property.

77. The Court or a Justice may, either before or after final judgment, order any property under arrest of the Court to be removed, or any cargo under arrest on board ship to be discharged.

Commissions.

78. The appraisement, sale, and removal of property, the discharge of cargo, and the demolition and sale of a vessel condemned under any Slave Trade Act, shall, except as provided by Rule 76 of this Order, be effected under the authority of a commission which, unless the Court or a Justice otherwise orders, shall be addressed to the Marshal, and executed by the Marshal or his officers.

Return of commissions.

79. The commission shall, as soon as possible after its execution, be filed by the Marshal, with a return setting forth the manner in which it has been executed.

Gross proceeds of sale to be paid into Court.

80. The Marshal shall pay into Court the gross proceeds of sale of any property which has been sold by him, and shall at the same time bring into the Registry the account of sale, with vouchers in support thereof, for taxation by the Taxing Officer, who shall proceed to tax the same.

Taxation of Marshal’s expenses.

81. Any person interested in the proceeds may be heard before the Taxing Officer on the taxation of the Marshal’s account of expenses, and an objection to the taxation shall be heard in the same manner as an objection to the taxation of a solicitor’s bill of costs.

11. Books, &c.

Minute Book.

82. There shall be kept in the Registry a separate book, to be called the “Admiralty Minute Book,” in which the Registrar shall enter in order of date, under the head of each Admiralty action, and on a page numbered with the number of the action, a record of the commencement of the action, of all appearances entered, all documents issued or filed, all acts done, and all judgments and orders made in the action, whether made by the Court or a Justice or by consent of the parties.

Inspection of Minute and Caveat Books.

83. Any solicitor may, free of charge, inspect the Admiralty Minute Book, the Caveat Warrant Book, the Caveat Release Book, or Caveat Payment Book.

Inspection of records.

84. The parties to an Admiralty action may, while the action is pending, and for one year after its termination, inspect, free of charge, all the records in the action.

By whom to be made.

85. Except as provided by the two last preceding Rules, no person shall be entitled to inspect the records in a pending Admiralty action without the permission of the Registrar.

 

After action terminated.

86.In an Admiralty action which is terminated any person may, on payment of the prescribed fee, inspect the records in the action.

12. Service of Process by Marshal.

To be left with Marshal with written instructions.

87. Every instrument to be served or executed by the Marshal shall be left with the Marshal by the party at whose instance it is issued, with written instructions for the service or execution thereof.

Verification of service or execution.

88. The service or execution of any instrument by the Marshal or his officer shall be sufficiently proved by his return, which shall state by whom the warrant has been served or executed, and the date and mode of service or execution, and shall be signed by the Marshal. When any instrument issued in an Admiralty action is served by any other person, the service shall be proved by affidavit.

13. Time.

Duration of caveat in Admiralty actions.

89. In Admiralty actions a caveat, whether against the issue of a warrant, the release of property, or the payment of money out of Court, shall not remain in force for more than six months from the date thereof.

Time for service in Admiralty actions.

90. In Admiralty actions every instrument requiring to be served shall be served within twelve months from the date on which it bears date; otherwise the service shall be of no effect.

14. Costs.

Costs of excessive claims in Admiralty action.

91. In an Admiralty action a party claiming an excessive amount, either by way of claim or of set-off or counter-claim, may be ordered to pay all costs and damages occasioned by the excess.

Tender improperly rejected in Admiralty action.

92. In an Admiralty action, if a tender is rejected, but is afterwards accepted, or is held by the Court to be sufficient, the party rejecting the tender shall, unless the Court otherwise orders, pay all the costs incurred after the tender is made.

Costs in small Admiralty cases.

93. When the sum in dispute in an Admiralty action does not exceed £50, or the value of the res does not exceed £100, one-half only of the ordinary costs on the lower scale shall be allowed. When costs are awarded to a plaintiff, the expression “sum in dispute” means the sum recovered by him in addition to the sum, if any, counter-claimed from him by the defendant; and, when costs are awarded to a defendant, it means the sum claimed from him, in addition to the sum, if any, recovered by him.

Half costs in Admiralty actions.

94. The Court or a Justice may, in any Admiralty action, order that half costs only shall be allowed.

 

THE SCHEDULE.

 

Indorsements of Claim in Admiralty Actions.

Damage by Collision.—The plaintiffs, as owners of the ship Mary (her cargo, &c., or as the case may be), claim the sum of £ against the ship Jane for damage occasioned by a collision which took place (state where) on the  day of

Salvage.—The plaintiffs, as the owners, master, and crew of the ship Mary claim the sum of £ for salvage services rendered by them to the ship Jane (her cargo and freight, &c., or as the case may be)on the day of 19 , in or near (state where the services were rendered).

Pilotage.—The plaintiff claims the sum of £ for pilotage of the ship Jane on the day of 19 , from (state where pilotage commenced) to (state where pilotage ended).

Towage.—The plaintiffs, as owners of the ship Mary, claim the sum of £for towage services rendered by the said ship to the ship Jane (her cargo and freight, &c., or as the case may be)on the day of 19 , at or near (state where the services were rendered).

Master’s Wages and Disbursements.-—The plaintiff claims the sum of £, for his wages and disbursements as master of the ship Mary (and to have an account taken thereof).

Seamen’s Wages.—The plaintiffs, as seamen on board the ship Mary, claim the sum of £ , for wages due to them, as follows:—

To A.B., the mate, £30 for two months’ wages from the day of

To C.D., able seaman, £    , &c., &c.

(and the plaintiffs claim to have an account taken thereof).

Necessaries, Repairs, &c.—The plaintiffs claim the sum of £ , for necessaries supplied (or repairs done, &c., as the case may be) to the ship Mary at the port of on the day of  (and the plaintiffs claim to have an account taken thereof).

Possession.—(a)The plaintiff, as sole owner of the ship Mary, of the port of , claims possession of the said ship.

(b)The plaintiff, as owner of 48-64th shares of the ship Mary, of the port of , claims possession of the said ship as against C.D., owner of 16-64th shares of the same ship.

Mortgage.—The plaintiff, under a mortgage dated the day of , claims against the proceeds of the ship Mary the sum of £ as the amount due to him for principal and interest.

Claims between Co-Owners.—(a) The plaintiff, as part owner of the ship Mary, claims against C.D., part owner of the same ship, the sum of £ as part of the earnings of the said ship, due to the plaintiff, and to have an account taken thereof.

(b)The plaintiff, as owner of 24-64th shares of the ship Mary, being dissatisfied with the management of the said ship by his co-owners, claims that his co-owners shall give bail in the sum of £ , the value of his said shares, for the safe return of the ship to .

 

Bottomry.—The plaintiff, as assignee of a bottomry bond, dated the day of  , and granted by C.D. as master of the ship Mary, of , to A.B at the port of , claims the sum of £against the ship Mary (her cargo and freight, &c., or as the case may be)as the amount due to him under the said bond.

Derelict.—A.B. claims to have the derelict ship Mary (or cargo, &c., or as the case may be)condemned as forfeited to His Majesty in His Office of Admiralty.

Piracy.—A.B., Commander of H.M.S. Torch, claims to have the Malay prahu Foo Sung and her cargo condemned as forfeited to His Majesty as having been captured from pirates.

Under Foreign Enlistment Act.—A.B. claims to have the British ship Mary, together with the arms and munitions of war on board thereof, condemned as forfeited to His Majesty for violation of The Foreign Enlistment Act 1870.

Under Customs Acts.—A.B. claims to have the ship Mary (or as the case may be)condemned as forfeited to His Majesty for violation of (state Act under which forfeiture is claimed).

Recovery of Pecuniary Forfeiture or Penalty.—A.B. claims judgment against the defendant for penalties for violation of (state Act under which penalties are claimed).

Warrant of Arrest in Admiralty Action In Rem.

George, &c.

To the Marshal of our High Court of Australia in Admiralty.

We hereby command you to arrest the ship or vessel of the port of  (and the cargo and freight, &c., as the case may be), and to keep the same under safe arrest until you shall receive further orders from us.

Witness, &c.

 

II. These Rules shall come into operation on the first day of the month succeeding the month in which the approval thereof by His Majesty in Council shall be notified in the Commonwealth Government Gazette, and shall apply to all Admiralty actions commenced on or after that day. Admiralty actions commenced before that day may, by consent of parties and with permission of the Court or a Justice, be continued under these Rules on such terms as to the Court or a Justice may seem fit.

S. W. GRIFFITH, C.J.

EDMUND BARTON, J.,

ISAAC A. ISAACS, J.,

CHAS. POWERS, J.

G. E. RICH, J.

(Sgd.) J. W. O’HALLORAN,

Principal Registrar.

 

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