Chapter 39

Twelveth Edition (2019)

Sheriff or the Marshal

Sheriff or the Marshal or other officer including administrative assistants such as Bailiffs or  other subordinate officers who shall assist in carrying out their duties to execute the process of the Court including serving order of arrest or executing arrest warrants on ships; taking all appropriate steps to retain safe custody of, and to preserve, a ship under arrest, including removing from the ship, cargo that is under arrest; removing cargo from a ship that is under arrest; and moving the ship that is under arrest; arranging for the release of a ship pursuant to an Order of Court or instrument of Release; arranging for the valuation and sale of a ship pursuant to an Order of Court; filing a return of the sale, and an account of the sale and documents in support of the account for taxation; arranging for the payment of the proceeds of the sale of a ship into the Court.

The Sheriff or Marshall or other officer shall serve the process of the Court and shall return the process to the Registry within four days from the service thereof. Service of writ or warrant, when dispensed with in suit in rem – In a suit in rem no service of Writ of Summons or warrant of arrest shall be required, when the Advocate for the defendant agrees to accept service and to give security or to pay money into Court.

Service of Writ of Summons or warrants of arrest in a suit in rem

- In a suit in rem the Writ of Summons or the Warrant of arrest shall be served on property against which the suit is brought Service how effected.

- Where the property is ship or cargo on board, service shall be effected by affixing the original Writ of Summons or the warrant of arrest for a short time on any mast of the ship or on the outside of any suitable part of the ship’s superstructure and leaving a duplicate thereof affixed in its place, when removing the original Writ of Summons or the warrant of arrest.

- Where the property is cargo which has been landed or transhipped, service shall be effected by placing the original Writ of Summons or the warrant of arrest for a short time on the cargo and leaving a duplicate thereof upon the cargo, when removing the original Write of Summons or the warrant or arrest.

- Where a cargo is in the custody of a person who will not permit access to it, service shall be made upon the custodian.

- Where the property is freight, service shall be effected by serving on the cargo in respect of which the freight is payable or on the ship in which the cargo was carried, in the manner hereinabove prescribed in this rule for service on a cargo or on a ship.

Sheriff or the Marshal or the other officer may apply for directions – The sheriff may at any time make a report to the Court and apply for directions with respect to property under arrest in a suit. The Court may direct notice of the application to be given to any person concerned with the property before passing orders on the report.

BCAS: 7103-1001
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