Admikalty.
82 Sect.
1.
Actions in
otherwise ordered, the name and description of the party at whose instance the warrant is to be issued, the nature of the claim, the name and nature of the property to be arrested, and that the claim has not been satisfied further, if the action be one of wages or possession, the affidavit must state the national character of the vessel proceeded against, and, if it be against a foreign vessel, that notice of the commencement of the action has been given to the consul of the state to which the vessel belongs, if there be one resident in London {e), a copy of the notice being required to be annexed to the affidavit. Moreover, before the issue of the warrant in an action of bottomry, the bottomry bond and also, if it be in a foreign language, a notarial translation thereof, must 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 should be annexed The Court or a judge (g) may, however, if it to the affidavit (/). is thought fit, allow the warrant to issue, although the affidavit (li) may not contain all the required particulars, and may waive in an action of wages the service of the notice, and in an action of bottomry the production of the bottomry bond (i).
Exempted mail ships.
153. Ships engaged in postal service and subsidised for the execution of that service within the meaning of a convention with a foreign state to which the Mail Ships Act, 1891, applies, by reason of receiving from the foreign state or from the Government of the United Kingdom or of a British possession a bond fide subsidy for a specified postal service are, if their owners have given and maintain in the Admiralty Eegistry sufficient security {j), and proper document filed in Admiralty actions, must be stated on a printed form called a minute to be obtained in the Admiralty Eegistry. This is retained in the registry, and is used to enter up a book called the minute book kept there and containing a record of all such minutes, of all actions commenced and appearances entered, and of all orders of the Court (R. S. C, Ord. 66, rr. 8 and 9). A stamp of 5s. is to be paid on every " minute " in Admiralty actions, for every instrument or document to which the minute relates (other than an exhibit or any instrument or document previously issued from the registry or the marshal's office) unless otherwise provided (Order as to Supreme Court Tees, 1884, No. 35). (e) See The Ooluhchick (1840), 1 W. Eob. 143, at p. 154; The Herzogin Marie The Nina (1867), L. E. 2 A. & E. 44, at p. 52. (1861), Lush. 292 (/) E. S. C, Ord. 5, r. 16. The rule also makes provision for an affidavit to lead warrant in an action of distribution of salvage, but the rule only applies to actions in rem, and no such affidavit is ever filed in an action of distribution of salvage, which is an action in personam. Jurisdiction is given by these words both to the (y) E. S. C, Ord. 5, r. 17. judge in Court and in chambers, and with certain exceptions specified in E. S. C, Ord. 54, r. 12, to the registrar in chambers. See also the Judicature Act, 1873, s. 39 Baker v. Gates (1877), 2 Q. B. D. 171, at p. 175. (h) Be B., [1892] 1 Ch. 463. (r) E. S. C, Ord. 5, r. 17. Forms of affidavits to lead warrants in a cause of restraint and a cause of possession are to be found in the Supreme The strict Court Eules of 1883, Appendix A, Part L, Nos. 13 and U. practice of the Admiralty Court, whereby in a bottomry suit the bond had to be brought in before its validity would be pronounced for {The Bowena (1877), 26 W. E. 82), may have been aifected by the discretion given by this
rule.
(/)
Mail Ships Act, 1891 r54
Act, 1902 (2
Edw.
7, c. 36),
s!
1.
&
55 Yict.
c.
31),
s. 3,
amended by Mail
Ships.
