[O. 73, rr. 1-3

ORDER 73

SPECIAL PROVISIONS AS TO PARTICULAR PROCEEDINGS

ADMIRALTY PROCEEDINGS

1. (1) This Order applies to Admiralty causes and matters, and the other provisions of these Rules apply to those causes and matters subject to the provisions of this Order.

(2) In this Order-

2. (1) An action in rem must be begun by writ; and the writ must be in Form No. 1 or 2 in Appendix C, whichever is appropriate.

(2) Order 6, rule 6, shall apply in relation to a writ by which an Admiralty action is begun.

3. (1) The provisions of this rule shall apply to service out of the jurisdiction of notice of a writ-

(2) For the purposes of paragraph (1) "collision regulations" means regulations under section 418 of the Merchant Shipping Act, 1894, (57 & 58 Vict. C. 60) or any such rules as are mentioned in subsection (1) of section 421 of that Act or any rules made under subsection (2) of the said section 421.

(3) Subject to the following provisions of this rule, service out of the jurisdiction of notice of a writ containing any such claim as is mentioned in paragraph (1) is permissible with the leave of the Court if, but only if-

(4) Order 11, rule 1 and rule 4(1), (2) and (3), shall apply in relation to an application for the grant of leave under this rule as they apply in relation to an application for the grant of leave under rule 2 or 3 of that Order.

(5) Paragraph (3) shall not apply to an action in rem.

[O. 73, rr. 3-5

(6) The proviso to rule 6(1) of Order 6 and Order 11, rule 2(2), shall not apply to notice of a writ by which any Admiralty action is begun.

4. (1) After a writ has been issued in an action in rem a warrant in Form No. 3 in Appendix C for the arrest of the property against which the action or any counterclaim in the action is brought may, subject to the provisions of this rule, be issued at the instance of the plaintiff or of the defendant, as the case may be.

(2) Where an action in rem is proceeding in a Sub-Registry, a warrant of arrest in the action may be issued out of that Sub-Registry but, except as aforesaid, a warrant of arrest shall not be issued out of a Sub-Registry.

(3) A party applying for the issue out of the Registry of a warrant to arrest any property shall procure a search to be made in the caveat book for the purpose of ascertaining whether there is a caveat against arrest in force with respect to that property and, if the warrant is to issue out of a Sub-Registry, the Assistant Registrar of that Sub-Registry shall procure a search to be made in the said book for that purpose.

(4) A warrant of arrest shall not be issued until the party applying for it has filed a praecipe in Form No. 4 in Appendix C requesting issue of the warrant together with an affidavit made by him or his agent containing the particulars required by paragraphs (8) and (9) so, however, that the Court may, if it thinks fit, allow the warrant to issue notwithstanding that the affidavit does not contain all those particulars.

(5) Within 72 hours of the issue of a warrant of arrest in an action in rem against a foreign ship known to belong to a port of a State having a consulate in Trinidad and Tobago, being an action for possession of the ship or for wages, notice that the action has been begun shall be sent to the consul.

(6) Except with the leave of the Court, a warrant of arrest shall not be issued in an action in rem in which there is a claim arising out of bottomry until the bottomry bond and, if the bond is in a foreign language, a notarial translation thereof is produced to the Registrar or Assistant Registrar, as the case may be.

(7) Every affidavit must state-

(8) Every affidavit in an action in rem for possession of a ship or for wages must state the nationality, if known, of the ship against which the action is brought and that the notice (if any) required by paragraph (6) will be sent.

A copy of any such notice where the nationality of the ship is known and the State to a port of which the ship belongs has a consulate in Trinidad and Tobago must be annexed to the affidavit.

(9) An affidavit in such an action as is referred to in paragraph (7) must have annexed thereto a certified copy of the bottomry bond, or of the translation thereof.

5. (1) A person who desires to prevent the arrest of any property must file in the Registry a praecipe, in Form No. 5 in Appendix C, signed by him or him solicitor undertaking-

and on the filing of the praecipe a caveat against the issue of a warrant to arrest the property described in the praecipe shall be entered in the caveat book.

(2)The fact that there is a caveat against arrest in force shall not prevent the issue of a warrant to arrest the property to which the caveat relates.

[O. 73, rr. 6-9

6. Where any property with respect to which a caveat against arrest is in force is arrested in pursuance of a warrant of arrest, the party at whose instance the caveat was entered may apply to the Court by motion for an order under this rule and, on the hearing of the application, the Court, unless it is satisfied that the party procuring the arrest of the property had a good and sufficient reason for so doing, may by order discharge the warrant and may also order the last-mentioned party to pay to the applicant damages in respect of the loss suffered by the applicant as a result of the arrest.

Service of Writ in Action in rem

7. (1) Subject to paragraph (2), a writ by which an action in rem is begun must be served on the property against which the action is brought except-

(2) A writ need not be served on the property or officer mentioned in paragraph (1) if the writ is deemed to have been duly served on the defendant by virtue of Order 10, rule 1(2) or (3).

1. Where the plaintiff in an action in rem, or his solicitor, becomes aware that there is in force a caveat against arrest with respect to the property against which the action is brought, he must serve the writ forthwith on the person at whose instance the caveat was entered.
2. Where a writ by which an action in rem is begun is amended under Order 20, rule 1, after service thereof, Order 20, rule 1(2), shall not apply and, unless the Court otherwise directs on an application made ex parte, the amended writ must be served on any defendant who has entered an appearance in the action or, if no defendant has entered an appearance therein, on the property or officer mentioned in paragraph (1) of this rule.

8. Where the solicitor of a party to an action in rem fails to comply with a written undertaking given by him to any other party or his solicitor to enter an appearance in the action, give bail or pay money into Court in lieu of bail, he shall be liable to committal.

9. (1) A warrant of arrest is valid for 12 months beginning with the date of its issue.

(2) A warrant of arrest may be executed only by the Marshal or an officer authorised by him.

(3) A warrant of arrest shall not be executed until an undertaking in writing, satisfactory to the Registrar or, where the action is proceeding in a Sub-Registry, to the Assistant Registrar of that Sub-Registry, to pay the fees and expenses of the Marshal has been lodged in the Registry or that Sub-Registry, as the case may be.

(4) A warrant of arrest shall not be executed if the party at whose instance it was issued lodges a written request to that effect with the Registrar or, where the action is proceeding in a Sub-Registry, the Assistant Registrar of that Sub-Registry.

(5) A warrant of arrest issued against freight may be executed by serving the warrant on the cargo in respect of which the freight is payable or on the ship in which that cargo was carried or on both of them.

(6) Subject to paragraph (5), a warrant of arrest must be served on the property against which it is issued.

(7) Within 7 days after the service of a warrant of arrest, the warrant must be filed in the Registry or Sub-Registry out of which it is issued by the officer by whom it was executed.

[O. 73, rr. 10-12

10. (1) Subject to paragraph (2), service of a warrant of arrest or writ in an action in rem against a ship, freight or cargo shall be effected by-

(2) Service of a warrant of arrest or writ in an action in rem against freight or cargo or both shall, if the cargo has been landed or trans-shipped, be effected by-

(3) Order 65, rule 10, shall not apply in relation to a warrant of arrest or writ in rem.

11. (1) The Marshal may at any time apply to the Court for directions with respect to property under arrest in an action and may, or, if the Court so directs, shall, give notice of the application to any or all of the parties to every action against the property.

(2) The Marshal shall send a copy of any order made under paragraph (1) to all the parties to every action against the property to which the order relates.

(3) Before any person, other than the Marshal, makes an application to the Court with respect to property under arrest, the applicant must give notice to the Marshal of the nature of the application, and the Court shall not make an order on the application unless and until it is satisfied that the Marshal is aware of the nature of the application.

This paragraph shall not apply to applications for release of any property.

(4) An application with respect to property under arrest may be made ex parte to a Judge in Chambers.

12. (1) Except where property arrested in pursuance of a warrant of arrest is sold under an order of the Court, property which has been so arrested shall only be released under the authority of an instrument of release (in this rule referred to as a "release"), in Form No. 6 in Appendix C, issued out of the Registry or, where the action in which the warrant was issued is proceeding in a Sub-Registry, out of that Sub-Registry.

(2) A party at whose instance any property was arrested may, before an appearance is entered in the action, file a notice withdrawing the warrant of arrest and, if he does so, a release shall, subject to paragraphs (3) and (6), be issued with respect to that property.

(3) Unless the Court otherwise orders, a release shall not be issued with respect to property as to which a caveat against release is in force.

(4) A release may be issued at the instance of a party interested in the property under arrest if the Court so orders, or, subject to paragraph (3), if all the other parties to the action in which the warrant of arrest was issued consent.

(5) Where a release is to issue out of a Sub-Registry the Assistant Registrar of that Sub-Registry shall, before issuing it, procure a search to be made in the caveat book for the purpose of ascertaining whether there is a caveat against release in force as to the property in question.

(6) Before a release is issued the party entitled to its issue must-

(7) Before property under arrest is released in compliance with a release issued under this rule, the party at whose instance it was issued must, in accordance with the directions of the Registrar, or where the action is proceeding in a Sub-Registry, the Assistant Registrar of that Sub-Registry, either pay the Marshal’s costs, charges and expenses due in connection with the care and custody of the property while under arrest or give a written undertaking to do so.

(8) The Court, on the application of any party who objects to any directions given to him under paragraph (7), may vary or revoke the directions.

13. (1) A person who desires to prevent the release of any property under arrest in an action in rem and the payment out of Court of any money in Court representing the proceeds of sale of that property must file in the Registry a praecipe in Form No. 8 in Appendix C, and on the filing of the Praecipe a caveat against the issue of a release with respect to that property and the payment out of Court of that money shall be entered in the caveat book.

(2) Where the release of any property under arrest is delayed by the entry of a caveat under this rule, any person having an interest in that property may apply to the Court by motion for an order requiring the person who procured the entry of the caveat to pay to the applicant damages in respect of the loss suffered by the applicant by reason of the delay, and the Court, unless it is satisfied that the person procuring the entry of the caveat had a good and sufficient reason for so doing, may make an order accordingly.

14. (1) Every caveat entered in the caveat book is valid for 6 months beginning with the date of its entry but the person at whose instance a caveat was entered may withdraw it by filing a praecipe in Form No. 9 in Appendix C.

(2) The period of validity of a caveat may not be extended but this provision shall not be taken as preventing the entry of successive caveats.

15. (1) Bail on behalf of a party to an action in rem must be given by bond in Form No. 10 in Appendix C; and the sureties to the bond must enter into the bond before a commissioner of affidavits, not being a commissioner who, or whose partner, is acting as solicitor or agent for the party on whose behalf the bail is to be given, or before the Registrar or any Assistant Registrar.

(2) Subject to paragraph (3), a surety to a bail bond must make an affidavit stating that he is able to pay the sum for which the bond is given.

(3) Where a corporation is a surety to a bail bond given on behalf of a party, no affidavit shall be made under paragraph (2) on behalf of the corporation unless the opposite party requires it, but where such an affidavit is required it must be made by a director, manager, secretary or other similar officer of the corporation.

(4) The party on whose behalf bail is given must serve on the opposite party a notice of bail containing the names and addresses of the persons who have given bail on his behalf and of the commissioner or officer before whom the bail bond was entered into; and after the expiration of 24 hours from the service of the notice (or sooner with the consent of the opposite party) he may file the bond and must at the same time file the affidavits (if any) made under paragraph (2) and an affidavit proving due service of the notice of bail to which a copy of that notice must be exhibited.

16. (1) Where the property against which an action in rem is brought is under arrest or money representing the proceeds of sale of that property is in court, a person who has an interest in that property or money but who is not a defendant to the action may, with the leave of the Court, intervene in the action.

(2) An application for the grant of leave under this rule must be made ex parte by affidavit showing the interest of the applicant in the property against which the action is brought or in the money in court.

(3) A person to whom leave is granted to intervene in an action must enter an appearance therein in the Registry or, if the action is proceeding in a Sub-Registry, that Sub-Registry within the period specified in the

[O. 73, rr. 16-17

order granting leave; and Order 12, rules 1 to 4, shall, with the necessary modifications, apply in relation to the entry of appearance by an intervener as if he were a defendant named in the writ.

(4) The Court may order that a person to whom it grants leave to intervene in an action shall, within such period as may be specified in the order, serve on every other party to the action such pleading as may be so specified.

17. (1) In an action to enforce a claim for damage, loss of life or personal injury arising out of a collision between ships, unless the Court otherwise orders, the plaintiff must, within 2 months after issue of the writ and the defendant must within 2 months after entering an appearance in the action, and before any pleading is served, lodge in the Registry or, if the action is proceeding in a Sub-Registry, that Sub-Registry, a document (in these rules referred to as a preliminary act) containing a statement of the following particulars:-

(2) Every preliminary act shall be sealed by the proper officer and shall be filed in a closed envelope (stamped with an official stamp showing the date of filing) and, unless the Court otherwise orders, no envelope shall be opened until the pleadings are closed and a consent signed by each of the parties or his solicitor to the opening of the preliminary acts is filed with the proper officer.

(3) Where the Court orders the preliminary acts to be opened, the Court may further order the action to be tried without pleadings but, where the Court orders the action to be so tried, any party who intends to rely on the defence of compulsory pilotage must give notice of his intention to do so to the other parties within 7 days after the opening of the preliminary acts.

(4) Where the Court orders the action to be tried without pleadings, it may also order each party, within such period as may be specified in the order, to file a statement of the grounds on which he charges any other party with negligence in connection with the collision and to serve a copy thereof on that other party.

[O. 73, rr. 17-20

(5) Order 18, rule 1, shall not apply to an action in which preliminary acts are required but, unless the Court orders the action to be tried without pleadings, the plaintiff must serve a statement of claim on each defendant within 14 days after the latest date on which the preliminary act of any party to the action is filed.

18. (1) Where in such an action as is referred to in rule 17(1) the plaintiff fails to lodge a preliminary act within the prescribed period, any defendant who has lodged such an act may apply to the Court by summons for an order to dismiss the action, and the Court may by order dismiss the action or make such other order on such terms as it thinks fit.

(2) Where in such an action, being an action in personam, a defendant fails to lodge a preliminary act within the prescribed period, Order 19, rules 2 and 3, shall apply as if the defendant’s failure to lodge the preliminary act within that period were a failure by him to serve a defence on the plaintiff within the period fixed by or under these Rules for service thereof, and the plaintiff, if he has lodged a preliminary act may, subject to Order 75, rule 10, accordingly enter judgment against that defendant in accordance with the said rule 2 or the said rule 3, as the circumstances of the case require.

(3) Where in such an action, being an action in rem, a defendant fails to lodge a preliminary act within the prescribed period, the plaintiff, if he has lodged such an act, may apply to the Court by motion for judgment against that defendant, and it shall not be necessary for the plaintiff to file or serve a statement of claim or an affidavit before the hearing of the motion.

(4) On the hearing of a motion under paragraph (3) the Court may make such order as it thinks just, and where the defendant does not appear on the hearing and the Court is of opinion that judgment should be given for the plaintiff provided he proves his case, it shall order the plaintiff’s preliminary act to be opened and require the plaintiff to satisfy the Court that his claim is well founded.

The plaintiff’s evidence may, unless the Court otherwise orders, be given by affidavit without any order or direction in that behalf.

(5) Where the plaintiff in accordance with a requirement under paragraph (4) satisfies the Court that his claim is well founded, the Court may give judgment for the claim with or without a reference to the Registrar or Assistant Registrar and may at the same time order the property against which the action is brought to be appraised and sold and the proceeds to be paid into Court or make such order as it thinks just.

(6) The Court may, on such terms as it thinks just, set aside any judgment entered in pursuance of this rule.

(7) In this rule references to the prescribed period shall be construed as references to the period within which by virtue of rule 17(1) or of any order of the Court the plaintiff or defendant, as the context of the references requires, is required to lodge a preliminary act.

19. (1) Notwithstanding anything in Order 18, rule 3, the plaintiff in any such action as is referred to in rule 3(1)(a) may not serve a reply or a defence to counterclaim on the defendant except with the leave of the Court.

(2) If in such an action there is a counterclaim and no defence to counterclaim by the plaintiff, then, notwithstanding Order 18, rule 14(3), but without prejudice to the other provisions of that rule, there is an implied joinder of issue on the counterclaim, and the joinder of issue operates as a denial of every material allegation of fact made in the counterclaim.

20. (1) Where a writ is served under rule 7(3) on a party at whose instance a caveat against arrest was issued, then if-

the plaintiff may, after filing an affidavit verifying the facts on which the action is based, apply to the Court for judgment by default.

(2) Judgment given under paragraph (1) may be enforced by the arrest of the property against which the action was brought and by committal of the party at whose instance the caveat with respect to that property was entered.

(3) Where a defendant to an action in rem fails to enter an appearance within the time limited for appearing, then, on the expiration of 14 days after service of the writ and upon filing an affidavit proving due service of the writ, an affidavit verifying the facts on which the action is based and, if a statement of claim was not indorsed on the writ, a copy of the statement of claim, the plaintiff may apply to the Court for judgment by default.

Where the writ is deemed to have been duly served on the defendant by virtue of Order 10, rule 1(2), or was served on an officer under rule 7 of this Order, an affidavit proving due service of the writ need not be filed under this paragraph, but the writ indorsed as mentioned in the said rule 1(2) or indorsed by the officer with a statement that he accepts service of the writ must be lodged with the affidavit verifying the facts on which the action is based.

(4) Where a defendant to an action in rem fails to serve a defence on the plaintiff, then, after the expiration of the period fixed by or under these Rules for service of the defence and upon filing an affidavit stating that no defence was served on him by that defendant during that period, an affidavit verifying the facts on which the action is based and, if a statement of claim was not indorsed on the writ, a copy of the statement of claim, the plaintiff may apply to the Court for a judgment by default.

(5) Where a defendant to a counterclaim in an action in rem fails to serve a defence to counterclaim on the defendant making the counterclaim, then, subject to paragraph (6), after the expiration of the period fixed by or under these Rules for service of the defence to counterclaim and upon filing an affidavit stating that no defence to counterclaim was served on him by the first-mentioned defendant during that period, an affidavit verifying the facts on which the counterclaim is based and a copy of the counterclaim, the defendant making the counterclaim may apply to the Court for judgment by default.

(6) No application may be made under paragraph (5) against the plaintiff in any such action as is referred to in rule 3(1)(a).

(7) An application to the Court under this rule must be made by motion and if, on the hearing of the motion, the Court is satisfied that the applicant’s claim is well founded it may give judgment for the claim with or without a reference to the Registrar or Assistant Registrar and may at the same time order the property against which the action or, as the case may be, counterclaim is brought to be appraised and sold and the proceeds to be paid into Court or may make such other order as it thinks just.

(8) In default actions in rem, evidence may, unless the Court otherwise orders, be given by affidavit without any order or direction in that behalf.

(9) The Court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this rule.

(10) Order 13 and Order 19 (except rule 1) shall not apply to actions in rem.

21. (1) Where in an action in rem against a ship the Court has ordered the ship to be sold, any party who has obtained or obtains judgment against the ship or proceeds of sale of the ship may-

apply to the Court by motion for an order determining the order of priority of the claims against the proceeds of sale of the ship.

(2) Where in an action in rem against a ship the Court orders the ship to be sold, it may further order-

[O. 73, rr. 21-23

(3) The notice referred to in paragraph (2)(c.) must state-

(4) The Marshal must lodge in the Registry or, if the action is proceeding in a Sub-Registry, that Sub-Registry, a copy of the Trinidad and Tobago Gazette and each newspaper in which the notice referred to in paragraph (2)(c.) appeared.

(5) The expenses incurred by the Marshal in complying with an order of the Court under this rule shall be included in his expenses relating to the sale of the ship.

(6) An application to the Court to extend the period referred to in paragraph (2) (a) must be made by motion, and a copy of the notice of motion, must, at least 3 days before the day fixed for the hearing thereof, be served on each party who has begun an action in rem against the ship or the proceeds of sale thereof.

22. (1) A commission for the appraisement and sale of any property under an order of the Court shall not be issued until the party applying for it has filed a praecipe in Form No. 11 in Appendix C.

(2) Such a commission must, unless the Court otherwise orders, be executed by the Marshal and must be in Form No. 12 in Appendix C.

(3) A commission for appraisement and sale shall not be executed until an undertaking in writing satisfactory to the Marshal to pay the fees and expenses of the Marshal on demand has been lodged in the Registry.

(4) The Marshal shall pay into Court the gross proceeds of the sale of any property sold by him under a commission for sale and shall bring into Court the account relating to the sale (with vouchers in support) for taxation.

(5) On the taxation of the Marshal’s account relating to a sale any person interested in the proceeds of the sale shall be entitled to be heard, and any decision of the Registrar or an Assistant Registrar made on the taxation to which objection is taken may be reviewed in the same manner and by the same persons as any decision of the Registrar or an Assistant Registrar made in taxation proceedings under Order 62, and rules 33 and 35 of that Order shall apply accordingly with the necessary modifications.

23. (1) Order 22 (except rules 3, 4 and 5) shall apply in relation to an Admiralty action as it applies to an action for debt or damages.

(2) Subject to paragraph (3), money paid into Court shall not be paid out except in pursuance of an order of a Judge.

[O. 73, rr. 23-26

(3) The Registrar or, in the case of an action which is proceeding in a Sub Registry, the Assistant Registrar of that Sub-Registry may, with the consent of the parties interested in money paid into Court, order the money to be paid out to the person entitled thereto in the following cases, that is to say-

24. (1) Order 25 shall apply to Admiralty actions (other than limitation actions) as it applies to other actions, except that-

On the day on which any party serves on any other party a notice under Order 25, rule 7, he must lodge two copies of the notice in the Registry or, if the action is proceeding in a Sub-Registry, that Sub-Registry.

(2) An order made on the summons for directions shall determine whether the trial is to be without assessors or with one or more assessors.

(3) An order may be made on the summons for directions, or a direction may be given at the trial, limiting the witnesses who may be called at the trial, whether they are expert witnesses or not.

(4) Any such order or direction as is referred to in paragraph (2) or (3), (including an order made on appeal) may be varied or revoked by a subsequent order or direction made or given at or before the trial by a Judge or, with the Judge’s consent, by the Registrar or Assistant Registrar, as the case may be.

25. (1) Not less than 7 days before the date fixed for the trial, or such other period before that date as may be specified by directions given by the Chief Justice, the party by whom the action was set down for trial must, unless the Court otherwise orders, file in the Registry or, if the action is proceeding in a Sub-Registry, that Sub-Registry,-

(2) Order 21, rule 2(4), shall not apply to Admiralty actions and the provisions of Order 34, rule 3, shall apply as if there were no references therein to delivery to the proper officer by post or otherwise of pleadings or the bundle described therein.

26. Where an action in rem, being an action to enforce any such claim as is referred to in rule 3(1)(a), is begun and a cross-action in rem arising out of the same collision or other occurrence as the first-mentioned action is subsequently begun, or a counterclaim arising out of that occurrence is made in the first-mentioned action then-

the Court may stay proceedings in the first-mentioned action until security is given to satisfy any judgment given in favour of that party.

27. Without prejudice to its powers under Order 29, rules 2 and 3, and Order 35, rule 6, the Court may, on the application of any party, make an order for the inspection by the assessors (if the action is tried with assessors), or by any party or witness, of any ship or other property, whether real or personal, the inspection of which may be necessary or desirable for the purpose of obtaining full information or evidence in connection with any issue in the action.

28. (1) The power conferred by Order 39, rule 1, shall extend to the making of an order authorising the examination of a witness or person on oath before a Judge sitting in Court as if for the trial of the cause or matter, without that cause or matter having been set down for trial or called on for trial.

(2) The power conferred by the said rule 1 shall also extend to the making of an order, with the consent of the parties, providing for the evidence of a witness being taken as if before an examiner, but without an examiner actually being appointed or being present.

(3) Where an order is made under paragraph (2), it may make provision for any consequential matters and, subject to any provision so made, the following provisions shall have effect-

(4) In actions in which preliminary acts fall to be filed under rule 17, an order shall not be made under Order 39, rule 1, authorising any examination of a witness before the preliminary acts have been filed, unless for special reasons the Court thinks fit so to direct.

29. (1) Notwithstanding anything in Order 38, rule 8, rules 1, 2 and 4 of that Order shall not apply to a reference to the Registrar or an Assistant Registrar.

(2) Unless the Court otherwise directs, Order 38, rule 21(1), shall not apply in relation to any statement which is admissible in evidence by virtue of sections 34, 36 or 37 of the Evidence Ordinance Ch 7 No 9 and which an applicant for judgment in default under rule 18 or 20 desires to give in evidence at the hearing of the motion by which the application for judgment is made.

(3) In an Admiralty action in which a summons for directions is required by virtue of rule 24 or rule 35(7) to be taken out, any notice under Order 38, rule 21, must, if given by the party who takes out that summons, be served with that summons and, if given by any other party, be served within 21 days after service of the summons for directions on him.

(4) In any proceedings on a reference to the Registrar or an Assistant Registrar, any notice under Order 38, rule 21, must be served not less than 6 weeks before the day appointed for the hearing of the reference.

[O. 73, rr. 29-34

(5) On the day on which any party served on any other party a notice under Order 38, rule 21, or a counter-notice under Order 38, rule 26, he must lodge two copies of the notice or counter-notice in the Registry or, if the action is proceeding in a Sub-Registry, that Sub-Registry.

(6) Unless the Court otherwise directs, an affidavit for the purposes of rule 18(4), 20 or 35(2) may, except in so far as it relates to the service of a writ, contain statements of information or belief with the sources and grounds thereof.

30. (1) Proceedings for the apportionment of salvage the aggregate amount of which has already been ascertained shall be begun by originating motion.

(2) The notice of such motion, together with the affidavits in support thereof, must be filed in the Registry or Sub-Registry out of which it is issued 7 days at least before the hearing of the motion, unless the Court gives leave to the contrary, and a copy of the notice and of the affidavits must be served on all the other parties to the proceedings before the originals are filed.

(3) On the hearing of the motion the Judge may exercise any of the jurisdiction conferred by section 556 of the Merchant Shipping Act, 1894.

31. (1) Notice of a motion in any action, together with the affidavits (if any) in support thereof, must be filed in the Registry or Sub-Registry out of which it is issued 3 days at least before the hearing of the motion unless the Court gives leave to the contrary.

(2) A copy of the notice of motion and of the affidavits (if any) in support thereof must be served on all the other parties to the proceedings before the originals are filed.

32. (1) Any agreement in writing, other than an agreement purporting to fix a date for the trial or to vacate or alter any such date, which is made between the solicitors of the parties to a cause or matter and dated and signed by those solicitors, may, if the Registrar thinks it reasonable and such as a Judge would under the circumstances allow, be filed in the Registry, and the agreement shall thereupon become an order of Court and have the same effect as if such order had been made by a Judge.

(2) Paragraph (1) shall apply in relation to a cause or matter which is proceeding in a Sub-Registry as if for the references to the Registrar and the Registry there were substituted references to the Assistant Registrar and Sub-Registry respectively.

(3) If the Registrar or Assistant Registrar, as the case may be, refuses to fiat any such agreement as is mentioned in paragraph (1) the parties to the agreement may apply by summons to a Judge in chambers for an order in terms of the agreement.

33. (1) An originating summons in Admiralty may be issued either out of the Registry or out of a Sub-Registry.

(2) Order 21, rule 2(4), shall not apply to an Admiralty cause or matter begun by originating summons.

34. (1) In a limitation action the person seeking relief shall be the plaintiff and shall be named in the writ by his name and not described merely as the owner of, or as bearing some other relation to, a particular ship or other property.

(2) The plaintiff must make one of the persons with claims against him in respect of the casualty to which the action relates defendant to the action and make any or all of the other defendants also.

(3) At least one of the defendants to the action must be named in the writ by his name but other defendants may be described generally and not named by their names.

[O. 73, rr. 34-36

(4) The writ must be served on one or more of the defendants who are named by their names therein and need not be served on any other defendant.

(5) In this rule and rules 35, 36 and 37 "name" includes a firm name or the name under which a person carries on his business, and where any person with a claim against the plaintiff in respect of the casualty to which the action relates has described himself for the purposes of his claim merely as the owner of, or as bearing some other relation to, a ship or other property, he may be so described as defendant in the writ and, if so described, shall be deemed for the purposes of the rules aforesaid to have been named in the writ by his name.

35.(1) Within 7 days after the entry of appearance by one of the defendants named by their names in the writ, or, if none of them enters an appearance, within 7 days after the time limited for appearing, the plaintiff, without serving a statement of claim, must take out a summons returnable in chambers before a Judge asking for a decree limiting his liability or, in default of such a decree, for directions as to the further proceedings in the action.

(2) The summons must be supported by an affidavit or affidavits proving-

(3) The affidavit in support of the summons must state-

(4) The summons and every affidavit in support thereof must, at least 7 clear days before the hearing of the summons, be served on any defendant who has entered an appearance.

(5) On the hearing of the summons the Judge, if it appears to him that it is not disputed that the plaintiff has a right to limit his liability, shall make a decree limiting the plaintiff’s liability and fix the amount to which the liability is to be limited.

(6) On the hearing of the summons the Judge, if it appears to him that any defendant has not sufficient information to enable him to decide whether or not to dispute that the plaintiff has a right to limit his liability, shall give such directions as appear to him to be appropriate for enabling the defendant to obtain such information and shall adjourn the hearing.

(7) If on the hearing or resumed hearing of the summons the Judge does not make a decree limiting the plaintiff’s liability, he shall give such directions as to the further proceedings in the action as appear to him to be appropriate, including, in particular, a direction requiring the taking out of a summons for direction under Order 25 and, if he gives no such direction, a direction fixing the period within which any notice under Order 38, rule 21, must be served.

(8) Any defendant who, after the Judge has given directions under paragraph (7), ceases to dispute the plaintiff’s right to limit his liability must forthwith file a notice to that effect in the Registry or Sub-Registry, as the case may be, and serve a copy on the plaintiff and on any other defendant who has entered an appearance.

(9) If every defendant who disputes the plaintiff’s right to limit his liability serves a notice on the plaintiff under paragraph (8), the plaintiff may take out a summons returnable in chambers before a Judge asking for a decree limiting his liability; and paragraphs (4) and (5) shall apply to a summons under this paragraph as they apply to a summons under paragraph (1).

36. (1) Where the only defendants in a limitation action are those named in the writ by their names and all the persons so named have either been served with the writ or entered an appearance, any decree in the action limiting the plaintiff’s liability (whether made by a Judge in chambers or on the trial of the action)-

(2) In any case not falling within paragraph (1), any decree in the action limiting the plaintiff’s liability (whether made by a Judge in chambers or on the trial of the action)-

(3) The advertisement to be required under paragraph (2)(a) shall, unless for special reasons the Judge in chambers or on the trial of the action thinks fit otherwise to provide, be a single advertisement in each of three newspapers specified in the decree, identifying the action, the casualty and the relation of the plaintiff thereto (whether as owner of a ship involved in the casualty or otherwise as the case may be), stating that the decree has been made and specifying the amounts fixed thereby as the limits of the plaintiff’s liability and the time allowed thereby for the entering of appearance, the filing of claims and the taking out of summonses to set the decree aside.

The plaintiff must within the time fixed under paragraph (2)(b) file in the Registry or Sub-Registry, as the case may be, a copy of each newspaper in which the advertisement required under paragraph (2)(a) appears.

(4) The time to be allowed under paragraph (2)(b) shall, unless for special reasons the Judge in chambers or on the trial of the action thinks fit otherwise to provide, be not less than 2 months from the latest date allowed for the appearance of the advertisements; and after the expiration of the time so allowed, no appearance may be entered, claim filed or summons taken out to set aside the decree except with the leave of the Court or on appeal, of the Court of Appeal.

(5) Save as aforesaid, any decree limiting the plaintiff’s liability (whether made by a Judge in chambers or on the trial of the action) may make any such provision as is authorised by section 504 of the Merchant Shipping Act, 1894.

37. (1) Where a decree limiting the plaintiff’s liability (whether made by a Judge in chambers or on the trial of the action) fixes a time in accordance with rule 36(2), any person with a claim against the plaintiff in respect of the casualty to which the action relates, who-

(2) The summons must be supported by an affidavit or affidavits showing that the defendant in question has a bona fide claim against the plaintiff in respect of the casualty in question and that he has sufficient prima facie grounds for the contention that the plaintiff is not entitled to the relief given him by the decree.

(3) The summons and every affidavit in support thereof must, at least 7 clear days before the hearing of the summons, be served on the plaintiff and any defendant who has entered an appearance.

(4) On the hearing of the summons the Judge, if he is satisfied that the defendant in question has a bona fide claim against the plaintiff and sufficient prima facie grounds for the contention that the plaintiff is not entitled to the relief given him by the decree, shall set the decree aside and give such directions as to the further proceedings in the action as appear to him to be appropriate including, in particular, a direction requiring the taking out of a summons for directions under Order 25.

38. (1) Any party (hereafter in this rule referred to as the "claimant") making a claim which is referred to the Judge in Chambers for decision must, within 2 months after the order is made, or, in a limitation action, within such other period as the Court may direct, file his claim and, unless the reference is in such an action, serve a copy of the claim on every other party.

[O. 73, rr. 38-40

(2) At any time after the claimant’s claim has been filed, or, where the reference is in a limitation action, after the expiration of the time limited by the Court for the filing of claims but, in any case, not less than 28 days before the day appointed for the hearing of the reference, any party to the cause or matter may apply to the Judge in Chambers as the case may be, by summons for directions as to the proceedings on the reference, and the Judge in Chambers shall give such directions, if any, as he thinks fit including without prejudice to the generality of the foregoing words, a direction requiring any party to serve on any claimant, within such period as the Judge in Chambers may specify, a defence to the claimant’s claim.

(3) The reference shall be heard on a day appointed by the Judge in Chambers and, unless the reference is in a limitation action or the parties to the reference consent to the appointment of a particular day, the appointment must be made be order on an application by summons made by any party to the cause or matter.

(4) An appointment for the hearing of a reference shall not be made until after the claimant has filed his claim or, where the reference is in a limitation action, until after the expiration of the time limited by the Court for the filing of claims.

(5) Not later than 7 days after an appointment for the hearing of a reference has been made the claimant or, where the reference is in a limitation action, the plaintiff must enter the reference for hearing by lodging in the Registry or appropriate Sub-Registry a praecipe requesting the entry of the reference in the list for hearing on the day appointed.

(6) Not less than 14 days before the day appointed for the hearing of the reference the claimant must file-

and, unless the reference is in a limitation action, he must at the same time serve on every other party a copy of every document filed under this paragraph.

(7) If the claimant fails to comply with paragraph (1) or (6)(b), the Court may, on the application of any other party to the cause or matter, dismiss the claim.

39. (1) The Judge in Chambers may adjourn the hearing of a reference from time to time as he thinks fit.

(2) At or before the hearing of a reference, the Judge in Chambers may give a direction limiting the witnesses who may be called, whether expert witnesses or not, but any such direction may, on sufficient cause being shown, be revoked or varied by a subsequent direction given at or before the hearing.

(3) Subject to paragraph (2), evidence may be given orally or by affidavit or in such other manner as may be agreed upon.

(4) When the hearing of the reference has been concluded, the Judge in Chambers shall-

(5) Where no statement of the grounds of the decision of the Judge in Chambers is filed with his decision and no intimation has been given by the Judge in Chambers that he intends to cause such a statement to be filed later, any party to the reference may, within 14 days after the filing of the decision, make a written request to the Judge in Chambers to cause such a statement to be filed.

40. (1) Any party to a reference to the Judge in Chambers may, by motion in objection, apply to the Court of Appeal to set aside or vary the decision of the Judge in Chambers on the reference, but notice of the

[O. 73, rr. 40-42

motion, specifying the points of objection to the decision, must be filed within 14 days after the date on which notice of the filing of the decision was sent to that party under rule 39(4) or, if a notice of the filing of a statement of the grounds of the decision was subsequently sent to him thereunder, within 14 days after the date on which that notice was sent.

(2) The decision of the Judge in Chambers shall be deemed to be given on the date on which it is filed, but unless the Judge otherwise directs, the decision shall not be acted upon until the time has elapsed for filing notice of a motion in objection thereto, or while such a motion is pending or remains undisposed of.

(3) The direction shall not be given under paragraph (2) without the parties being given an opportunity of being heard, but may, if the Judge in Chambers announces his intended decision at the conclusion of the hearing of the references, be incorporated in his decision as reduced to writing under rule 39(4).

41. Every judgment given or order made in an Admiralty cause or matter shall be drawn up in the Registry or, where the cause or matter is proceeding in a Sub-Registry, in that Sub-Registry and shall be entered by an officer of the Registry or Sub-Registry, as the case may be, in the book kept for the purpose.

42. For the purpose of Order 63, rule 6, a decree made in Chambers in a limitation action shall be deemed to have been made in court.