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Rules of the Superior Courts

Appendix: J

Admiralty



Forms:
Part I Originating summons
No.1 ¦ No.2 ¦ No.3

Part II Miscellaneous
No.4 ¦ No.5 ¦ No.6 ¦ No.7 ¦ No.8 ¦ No.9 ¦ No.10 ¦ No.11 ¦ No.12 ¦ No.13 ¦ No.14 ¦ No.15 ¦ No.16 ¦ No.17 ¦ No.18 ¦ No.19 ¦ No.20 ¦ No.21

Part III General endorsement of claim

Part IV Statement of claim
No.1 ¦ No.2 ¦ No.3 ¦ No.4 ¦ No.5

Part V Defence
No.1
¦ No.2 ¦ No.3

PART I.

ORIGINATING SUMMONS.

No. 1.


O. 64, r. 2

PLENARY SUMMONS IN ADMIRALTY ACTION IN REM.

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THE HIGH COURT.

ADMIRALTY.


19 ....... No. ...

The [name of ship, or other property to which the action relates, e.g. cargo ex....... specie ex.......... proceeds of the......... In the matter of a beacon buoy, or as the case may be]

Between A.B.,

Plaintiff,

and .....

The owners of [name of ship or other property to which action relates] [or in an action of co-ownership the remaining owners of the ....... or All persons claiming an interest in the ....... ] ....... Defendants.

To the owners and parties interested in ....... [name of ship] of the port of ....... [or other property to which the action relates].

This plenary summons is to require you [continue as in Form No. 1 in Appendix A, Part I.]


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No. 2.


O. 64, r. 2

PLENARY SUMMONS IN OTHER ADMIRALTY ACTIONS.

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THE HIGH COURT.

ADMIRALTY.


19 ....... No. .....

The ....... [name of ship, or other property to which the action relates. In actions of limitation of liability state the name of the plaintiff's ship].

Between A.B.,

Plaintiff,

and C.D.,

Defendant.

To the defendant C.D., ....... of ........... in the County of .......

This plenary summons is to require you [continue as in Form No. 1 in Appendix A, Part I.].



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No. 3.


O. 64, r. 2

SPECIAL SUMMONS IN ADMIRALTY PROCEEDINGS.

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THE HIGH COURT.

ADMIRALTY.


19 ....... No. ....

The ....... [name of ship]

Between A.B.,

Plaintiff,

and C.D.,

Defendant.

To the defendant, C.D., ....... of ....... in the County of .....

This special summons is to require you [continue as in Form No. 3 in Appendix A, Part I].


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PART II.

MISCELLANEOUS.

No. 4.

AFFIDAVIT TO LEAD TO WARRANT IN A CAUSE OF RESTRAINT.

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[Heading as in Form No. 1].


1, A.B., ....... of ....... make oath and say as follows:—

1. I am the lawful owner of [state number] sixty-four shares of the ..... or vessel ....... belonging to the port of ..... and the value of my said shares amounts to the sum of ....... pounds, or thereabouts.

2. The said vessel is now laying at ....... , and is in the possession or under the control of ....... , the owner of [state number] sixty-four shares thereof, and is about to be dispatched by him on a voyage to ....... , against my consent.

3. I am desirous that the said vessel be restrained from proceeding to sea until security be given to the extent of my interest therein for her safe return to the said port of [the port to which the vessel belongs] and the aid and process of the High Court are necessary in that behalf.

...... Sworn, &c.


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No. 5.

AFFIDAVIT TO LEAD TO WARRANT IN A CAUSE OF POSSESSION.

[Heading as in Form No. 1].


I, A.B., of ....... make oath and say as follows:—

1. I am the lawful owner of [state number] sixty-four shares of the ....... or vessel ....... belonging to the part of [state nationality of the vessel, and if the vessel be foreign show compliance with Order 64, rule 6 [b].

2. The said vessel is now lying at ....... , and is in the possession or under the control of [state name, address and description of the person retaining possession, and state whether he is the master or part owner, and if owner, of how many shares], and the said ....... refuses to deliver up the same to me [and the certificate of registry of the said vessel is also unlawfully withheld from me by the said ....... who is in possession thereof].

3. The aid and process of the High Court are necessary to enable me to obtain possession of the said vessel [and of the certificate of registry].

....... Sworn, &c.


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No. 6.

NOTICE OR PRAECIPE FOR WARRANT.

[Heading as in Form No. 1].


....... I, X.Y., solicitor for the plaintiff, pray a warrant to arrest [state name and nature of property].

Dated

(Signed)


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No. 7.


O. 64, r. 59

[Heading as in Form No. 1].

....... I, X.Y., solicitor for the plaintiff, pray that the warrant lodged herewith be executed by the arrest of the vessel ......... now lying at ........... and of the cargo now or lately laden therein, together with the freight due for the transportation thereof, and hereby undertake to indemnify the Admiralty Marshal in respect of all charges and expenses that may be incurred incidental thereto, or any claim made against him in connection with such arrest or detention.

Dated

(Signed)

(Note.—If the property is at an outport and immediate arrest is required, complete the Form as follows:)

I, X.Y., also pray that instructions be forwarded by telegraph to the Admiralty Marshal's substitute at ........ requiring the immediate arrest of the said vessel and of the cargo now or lately laden therein, together with the freight due for the transportation thereof, in anticipation of the arrival of the warrant, and hereby undertake to indemnify the Admiralty Marshal in respect of all charges and expenses that may be incurred in consequence of such instructions.

Dated

(Signed)


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No. 8.

O. 64, r. 6

WARRANT OF ARREST.

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[Heading as in Form No. 1].


To the Admiralty Marshal of the High Court and to all and singular his substitutes, greeting.

You are hereby commanded by the High Court to arrest the ship or vessel ....... of the port of ....... (and the cargo now or lately laden therein together with the freight due for the transportation thereof or as the case may be) and to keep the same under safe arrest until you shall receive further orders from the High Court.

BY ORDER of the High Court.

Dated

(Signed)

Master of the High Court. [Seal].


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No. 9.

NOTICE OF BAIL.

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[Heading as in Form No. 1].


Take notice that I, X.Y., solicitor for the [state whether plaintiff or defendant] tender the under-mentioned persons as bail on behalf of [state the name, address and description of the party for whom bail is to be given] in the sum of £ ....... to answer judgment in this action [if for costs add so far as regards costs].

Names, addresses and descriptions of
Sureties.Referees.
1. ...
2. ...
Dated .......

[To be signed by the solicitor and to be produced and left in the Central Office with certificate of service indorsed thereon on the application for bail.]

[The names of bankers should, if possible, be given as referees.]


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No. 10.

BAIL BOND.

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[Heading as in Form No. 1].


Whereas an action of ....... has been commenced in the High Court on behalf of ....... against ....... [and against ....... intervening]. Now therefore we ....... and ....... hereby jointly and severally submit ourselves to the jurisdiction of the High Court and consent that if the said ....... shall not pay what may be adjudged against him in the said action with costs execution may issue forth against us, our heirs, executors and administrators goods and chattels for a sum not exceeding

(Signatures of sureties).

The bail bond was signed by ....... the ....... and ....... the sureties the ....... day of ..... 19...

Before me

[To be signed in the Central Office or before a commissioner.]


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No. 11.

AFFIDAVIT OF JUSTIFICATION.

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[Heading as in Form No. 1].


I [state name, address and description] one of the proposed sureties for [state name, address and description of the person for whom bail is to be given] make oath and say that I am worth more than the sum of [state the sum in letters in which bail is to be given] pounds after the payment of all my debts.

Sworn, &c.


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No. 12.

PRÆCIPE FOR RELEASE.

_______

[Heading as in Form No. 1].


I, X.Y., solicitor for the [state whether plaintiff or defendant] in an action [state nature of action] commenced on behalf of ....... against the [state name and nature of property] now under arrest by virtue of a warrant issued from the Central Office, pray a release of the said ....... [bail having been given or the act ion having been withdrawn by me before an appearance was entered therein, &c., as the case may be], and there being no caveat against the release thereof outstanding.

Dated

(Signed)


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No. 13.

RELEASE.

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[Heading as in Form No. 1].


To the Admiralty Marshal of the High Court and to all and singular his substitutes greeting.

Whereas in an action of ....... commenced in the High Court on behalf ....... of ....... against ....... , you were commanded to arrest the said ....... and to keep the same under safe arrest until you should receive further orders. Now you are hereby commanded to release the said from the arrest effected by virtue of the warrant in the said action upon payment being made to you of all costs, charges and expenses attending the care and custody of the property whilst under arrest in that action.

BY ORDER, &c.

(Signed)

(Seal.)

Release ....... Master of the High Court.

Taken out by .....


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No. 14.


O. 64, r. 23

NOTICE OR PRÆCIPE FOR CAVEAT AGAINST RELEASE.

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[Heading as in Form No. 1].


I, X.Y., solicitor for the plaintiff in an action [state nature of cause] commenced on behalf of [state, name, address and description of plaintiff] against [state name and nature of property] pray a caveat against the release of the said [state name and nature of property].

Dated

(Signed)


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No. 15.

NOTICE OR PRÆCIPE FOR CAVEAT AGAINST WARRANT.

THE HIGH COURT.

ADMIRALTY.


In the matter of [state name of the ship or other property.]

I, [state name, address and description], hereby undertake to enter an appearance in any action that may be commenced in the High Court against [state name and nature of the property], and within twelve days after I shall have been served with a notice of the commencement of any such action to give bail therein in a sum not exceeding [state amount for which the undertaking is given] pounds, or to pay such sum into Court. And I consent that all instruments and other documents in such action may be left for me at [address for service or registered place of business].

Dated

(Signed)


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No. 16.


O. 64, r. 42

NOTICE OR PRÆCIPE FOR CAVEAT AGAINST PAYMENT.

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[Heading as in Form No. 1].


I, [state name, address and description of caveator] pray a caveat against the payment of any money out of Court in this action without notice to me, and I consent that such notice may be given to me by letter addressed to (state address within the jurisdiction)

Dated

[To be signed by the party or his solicitor].


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No. 17.

NOTICE OR PRÆCIPE TO WITHDRAW CAVEAT.

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[Heading as in Form No. 1].


I, X.Y., solicitor for the [state whether plaintiff or defendant] pray that the caveat against [state tenor of caveat] entered by me on the day of , 19 ....... , on behalf of [state name] may be withdrawn.

Dated

(Signed)


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No. 18.

PRÆCIPE FOR COMMISSION OF APPRAISEMENT AND SALE.

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[Heading as in Form No. 1].


I, X.Y., solicitor for the [state whether plaintiff or defendant], pray a commission for the appraisement and sale of the [state name and nature of property] which was ordered by the Court on the ....... day of ....... 19 .

Dated

(Signed)


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No. 19.

COMMISSION OF APPRAISEMENT AND SALE.

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[Heading as in Form No. 1].


To the Admiralty Marshal of the High Court and to all and singular his substitutes, greeting.

Whereas in an action of ....... by ....... against ....... the High Court has ordered the said ....... to be appraised and sold. You are hereby commanded to reduce into writing an inventory of the said ....... and having chosen one or more experienced person or persons to swear him or them to appraise the same according to the true value thereof, and upon a certificate of such value having been reduced into writing to cause the said ....... to be sold by public auction for the highest price not under the appraised value thereof that can be obtained for the same. And you are further commanded as you receive the same to pay the gross proceeds arising from the sale into Court and to file the certificate of appraisement signed by you and the appraiser or appraisers and an account of the sale signed by you together with this commission.

BY ORDER, &c.

(Seal)

Commission of appraisement and sale.

Taken out by


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No. 20.

ORDER OF POSSESSION IN ADMIRALTY ACTION.

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[Heading as in Form No. 1].


To the Admiralty Marshal of the High Court and to all and singular his substitutes, greeting.

Whereas in an action of possession in the High Court against ....... the High Court has ordered possession of the ....... to be delivered up to the said ....... or to his lawful attorney for his use.

You are hereby commanded to release the said vessel her tackle apparel and furniture from the arrest made by virtue of the warrant in that behalf and to deliver possession thereof to the said ....... or to his lawful attorney for his use.

BY ORDER, &c.

This order was issued by ....... of [registered place of business]

solicitor for the said


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No. 21.


O. 64, r. 59

PRÆCIPE FOR SERVICE OF AN INSTRUMENT.

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[Heading as in Form No. 1].


I, X.Y., solicitor for the ....... pray that the [state nature of instrument] lodged herewith be duly served by the Admiralty Marshal.

Dated

(Signed)


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PART III

GENERAL INDORSEMENT OF CLAIM.


Damage to vessel by collision

The plaintiffs, as owners of the vessel "Mary," of the port of ....... claim £ ....... against the vessel "Jane" for damage occasioned by a collision which took place in the Irish Sea on the ....... day of .......

Damage to cargo by collision

The plaintiffs, as owners of the cargo laden on board the vessel "Mary," of the port of ....... , claim £ against the vessel "Jane" for damage done to the said cargo in a collision in the Irish Sea on the day of


[The foregoing may be combined.]

Damage to cargo otherwise

The plaintiff, as owner of goods laden on board the vessel "Mary" on a voyage from Lisbon to Dublin, claims from the owner of the said vessel £ ....... , for damage done to the said goods during such voyage.

Possession

The plaintiff, as sole owner of the vessel "Mary," of the port of claims to have possession adjudged to him of the said vessel.

The plaintiff, as part owner of the vessel "Mary," claims against C.D., part owner, and his shares in the said vessel £ ....... , as part of the earnings of the said vessel due to plaintiff.

Salvage

The plaintiffs, as the owners, master and crew of the vessel "Caroline," of the port of ....... , claim the sum of £ ....... , for salvage services rendered by them to the vessel "Mary," off the Fastnet Rock, on the day of

Towage

The plaintiffs, as owners of the steam-tug "Jane," of the port of ....... claim £ ....... , for towage services performed by the said steam-tug to the vessel "Mary," on the ....... day of ....... .

Seamens' wages

The plaintiffs, as seamen on board the vessel "Mary," claim £ ....... for wages due to them.

Necessaries

The plaintiffs claim £ ....... for necessaries supplied to the vessel "Mary" at the port of Cork, delivered on the ....... day of ....... .


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PART IV.

STATEMENT OF CLAIM.

No. 1.

HEADING OF STATEMENT OF CLAIM.

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THE HIGH COURT.

ADMIRALTY.

[Title of action as in Forms Nos. 1 or 2. Part I.].

Statement of claim.


Delivered on the ....... day of ....... 19 ....... , by E.F. of .......

solicitor for the plaintiff [or as the case may be].

[To be filled up in manner exemplified in the following forms].


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No. 2.

EQUIPMENT AND NECESSARIES.


1. The plaintiff supplied necessaries and equipment and did repairs to the vessel "Mary," in the months of ....... 19 ....... , at the port of ......., on the order of Messrs. K.L. who were duly authorised in that behalf, the said vessel belonging to the port of .

The plaintiff claims:—

1. £ ....... (with interest thereon at ....... per cent. per annum from the ....... [date] ....... until judgment).

2. The condemnation of the defendant and his bail in the said sum.


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No. 3.

SALVAGE.


1. The plaintiffs are the owners, master and crew of the steamship "Irish Charter," of the port of Dublin, of the burthen of 1,300 tons gross registered tonnage and rendered salvage services to the steamship "Jane" off the coast of Norway on or about the ....... day of ....... .

2. [Here set out particulars of the services and the circumstances under which the same were rendered].

PARTICULARS.
£
(a)Value of "Jane" at the time of the services
Value of cargo
Freight
(b)Value of "Irish Charter," her freight and cargo
(c)Damage sustained by "Irish Charter"
Extra coal consumed
Paid for harbour dues, &c., at .....

The plaintiffs claim such amount of salvage as may be just.

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No. 4.

SHIPPER AGAINST MASTER ON A BILL OF LADING FOR DAMAGE TO GOODS.


1. The plaintiff has suffered damage by breach of contract by bill of lading of goods shipped by the plaintiff on board the "Jane" signed by defendant dated the ........

2. 50 bales of cotton were delivered in a damaged condition.

Particulars of damage:—
50 bales at £ ...£ ....
The plaintiff claims £


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No. 5.

SHIPPER AGAINST SHIPOWNER ON A BILL OF LADING FOR DAMAGE AND SHORT DELIVERY.


1. The plaintiff has suffered damage by breach of contract by bill of lading of goods shipped by the plaintiff signed by the master of the ship "Mary" as the defendant's agent dated the ......

2. 50 quarters of wheat were delivered in a damaged condition and 100 quarters were not delivered.

Particulars of damage:—£
100 quarters at £... ...
50 quarters at £... ______
-______
The plaintiff claims £......

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PART V.

DEFENCE.

No. 1.

HEADING OF DEFENCE.

[Heading and title as in Fform No. 1. of Part IV.].

DEFENCE.


Delivered on the ....... day of ....... 19 ....... by G.H. of ....... solicitor for the defendant.

[To be filled up in the manner exemplified in the following forms].


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No. 2.

EQUIPMENT AND NECESSARIES.


1. The equipment and repairs supplied and done were not necessaries and the claim is not a claim for necessaries within section 31 of the Court of Admiralty (Ireland) Act, 1867.

2. The alleged necessaries were not supplied on the credit of the said vessel, but upon the personal credit of J.B., who was the broker for the vessel and upon the agreement that the plaintiffs were not to have recourse to the vessel.


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No. 3.

SALVAGE.


1. The alleged services did not amount to salvage.

2. (If the defendant made a tender, plead as required by Order 22).


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