Div 5Detention of Ships.

Division 5.—Detention of Ships.

Detention of ships. Cf. Eng. r. 37.

42. (1) An application for an order for the detention of a ship under section 13 of the Act shall be made in accordance with this regulation.

(2) The application may (subject to the provisions of sub-regulation 9 of this Regulation) be made ex parte either in or out of court, according to Form 19 in the Schedule, and shall be supported by affidavit or other evidence showing, to the satisfaction of the judge, the grounds on which the application is made.

(3) The judge may, before granting the application, require the applicant to give or procure an undertaking, to the satisfaction of the judge, to abide by any order as to damages and costs which may be thereafter made, in case any person affected by the order for detention shall sustain any damages by reason of the order which the applicant ought to pay.

(4) An order for detention shall specify the amount for which security shall be given, and may be in accordance with Form 21 in the Schedule, and shall be issued in triplicate; one copy shall be delivered to the applicant, and the other two copies to the officer named by the judge; and one of the last-mentioned copies shall be delivered by the officer to the person who is at the time of the execution of the order apparently in charge of the ship, or, if there is no person apparently in charge, shall be affixed on the main mast or on the single mast of the ship; and the other copy shall be retained by the officer.

(5) The judge may at any time on good cause shown rescind any order for detention made by him.

(6) The provisions of any Act regulating the procedure of, and the Rules of, the Court in which the proceedings have been commenced as to security shall, with the necessary modifications, apply to the giving of security under this regulation; and the approval by the judge of any security shall be signified in writing signed by him.

(7) Where security is given by bond, the bond may be in accordance with Form 22 in the Schedule.

(8) If the judge rescinds any order for detention, or is satisfied that satisfaction has been made, or when security has been given and approved, or in any other case if the applicant so requires, the judge shall deliver, to the party applying for the same, an order according to Form 23 in the Schedule, directed to the officer named in the order for detention, authorizing and directing him, upon payment of all costs, charges, and expenses attending the custody of the ship, to release it forthwith.

(9) Notwithstanding anything contained in this regulation, a person intending to apply for an order for detention shall, if the name and address of an agent in the Commonwealth for the owners of the ship, or of a solicitor in the Commonwealth authorized to act for the owners, agent, master, or consignee of the ship, are known to him, give to the agent or solicitor such notice of the time and place at which the application for the order of detention is intended to be made as may be practicable in the circumstances of the case.