or by leave of the Judge or arbitrator, a party may appear—
(d) by a member of his family;
(e) by a person in the permanent and exclusive employment of the party;
(f) in the case of a company or corporation, by any director of the company or corporation, or by the secretary or any other officer or any person in the permanent and exclusive employment of the company or corporation;
(g) by any officer or member of any society or other body of persons of which the party is a member or with which he is connected, or, where death results from the injury, by any officer or member of any society or other body of persons of which the deceased seaman was a member or with which he was connected; or
(h) under special circumstances, by any other person.
(2) No person other than a solicitor who appears or acts on behalf of any party in any arbitration under the Act shall be entitled to have or recover any fee or reward for so appearing or acting, other than such travelling expenses, and (in the case of a seaman or a member of his family) allowance for time (if any) as is allowed by the Judge or arbitrator:
Provided that nothing in these Regulations shall affect the right of counsel to appear or act in any arbitration, or the right of any solicitor to recover costs in respect of his employment of counsel to appear or act as aforesaid.
(3) The prescribed authority may appear and be heard in any arbitration by solicitor, counsel, or any other person.
Note to be taken of questions of law raised, &c, and copy furnished.
Eng. r. 36.
At the hearing of any arbitration the Judge shall make a note of any question of law raised, and of the facts in evidence in relation thereto and of his decision thereon and of his decision in the arbitration, and he shall, at the expense of any party to such arbitration, furnish a copy of the note so taken or allow a copy of the same to be taken by or on behalf of such party, and shall sign such a copy, whether a notice of motion by way of appeal has been served or not.
Claims for compensation.
Eng. r. 38.
(1) In the case of the death of a seaman the claim for compensation shall state the date on which news of the death was received by the claimant.
(2) The claim for compensation on behalf of the dependants of a seaman lost with his ship shall state the date on which the ship was lost or is deemed to have been lost.
Description of owners or charterers in documents and proceedings.
In any document, notice, or proceeding it shall be sufficient to describe the owners or the charterers of the ship as “the owners (or ‘charterers’) of the ship, ,” and the provisions of the County Court Rules for the time being of the place where the proceedings have been commenced as to the disclosure of the names of partners shall with the necessary modifications apply to the disclosure of the names of the owners or charterers.
Division. 5.—Detention of Ships.
Detention of ships.
Cf. Eng. r. 39.
(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.
(10) If a solicitor in the Commonwealth represents that he is authorized to act for the owners, agent, master, or consignee of the ship, and signs an undertaking in accordance with Form 24 in the Schedule, to put in or give security for an amount agreed on between the parties or fixed by the Judge, then, on the undertaking being filed in Court—
(a) the Judge may in his discretion refuse to make an order for detention; or
(b) if an order for detention has been made, but not executed, the Judge may rescind it; or
(c) if an order for detention has been made and executed, the Judge may deliver to the party applying for the same an order of release in accordance with sub-regulation (8) of this regulation.
(11) An undertaking given in accordance with the last preceding sub-regulation shall be filed in the Court in which the application for an order of detention is made or is intended to be made.
(12) A solicitor who fails to put in or give security in pursuance of his undertaking shall be liable to attachment.
(13) Where proceedings by way of arbitration for the recovery of compensation are taken against the persons giving security, the request for arbitration and particulars shall state concisely the circumstances under which the persons giving security are made respondents.
(14) Where proceedings are commenced in any Court in the Commonwealth other than that in which the order for detention was made or applied for, the Registrar of the Court in which the order was made or applied for shall, on request, transmit to the Registrar of the Court in which the proceedings are commenced all original documents filed in the matter, and a certified copy of all records made with reference to the matter, and any bond by way of security given in the matter, and shall transfer to the last-mentioned. Court any money paid into Court by way of security in the matter; and the provisions of the Rules of Court as to the costs of copies and the costs of transmission shall apply to any transmission under this regulation.
(15) The costs incurred by any party in relation to an application for an order of detention and any proceedings consequent thereon may in any subsequent proceedings by way of arbitration be allowed as costs of the arbitration.
(16) For the purposes of this regulation “Judge “means a Justice of the High Court or a Judge of the Supreme Court of a State.