47Custody of arrested ships and property

#### 47 Custody of arrested ships and property (1) Subject to these Rules, a Marshal who arrests a ship or other property has the custody of the ship or property. (2) The Marshal must, unless the court otherwise orders, take all appropriate steps to retain safe custody of, and to preserve, the ship or property, including: (a) removing from the ship, or storing, cargo that is under arrest; (b) removing cargo from a ship that is under arrest and storing it; (c) removing, storing or disposing of perishable goods that are under arrest or are in a ship that is under arrest; and (d) moving the ship that is under arrest. (2A) The Marshal may, when considering moving a ship under arrest, take into consideration the operational requirements of the port authority where the ship is to be held in custody. (2B) The Marshal may, at any time after a ship has been arrested, demand and take possession of the original certification documents of the ship. (2C) The Marshal must return any documents taken under subrule (2B) as soon as practicable after the ship is released from arrest. (3) Subject to an order under paragraph 30(2)(b) of the Act, if a ship or other property that is under arrest in a proceeding in a court is arrested in a proceeding in another court, subrule (1) only applies in relation to the later arrest after the ship or property has been lawfully released from the earlier arrest. (4) If, in relation to a proceeding commenced as an action in rem that is pending in a court (in this subrule called the first court): (a) a Marshal of another court has the custody of the ship or other property; or (b) the proceeds of the sale under the Act of the ship or property are held by another court; the other court may make such orders as are necessary or convenient to transfer the custody of the ship or property to the Marshal of the first court or to transfer the proceeds to the first court.