Reports of Cases Decided in the Vice-Admiralty Court of New Brunswick from 1879-1891; With an Introduction on Admiralty Jurisdiction

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1894. Not illustrated. Excerpt: ... order of the judge upon such terms as to him shall seem fit (1). 34. The judge, if he thinks fit, may order several actions to be tried at the same time, and on the same evidence, or the evidence in one action to be used as evidence in another, or may order one of several actions to be tried as a test action, and the other actions to be stayed to abide the result. WARRANTS. 35. In an action in rem, a warrant for the arrest of property may be issued by the registrar at the time of, or at any time after, the issue of the writ of summons, on an affidavit being filed, as prescribed by the following rules. A form of affidavit to lead warrant will be found in the Appendix hereto, No. 14 (2). 36. The affidavit shall state the nature of the claim, and that the aid of the Court is required. 37. The affidavit shall also state--(-) In an action for wages, or possession, the national character of the ship, and if the ship is foreign, that notice of the action has been served upon a consular officer of the State to which the ship belongs, if there is one resident in the district within which the ship is at the time of the institution of the suit; and a copy of the notice shall be annexed to the affidavit; (b) In an action for necessaries, the national character of the ship, and that, to the best of the deponent's belief, no owner or part owner of the ship was domiciled within Canada at the time when the necessaries were supplied; (c) In an action for building, equipping, or repairing any ship, the national character of the ship and that at the time of the institution of the action, the ship, or the proceeds thereof, are under the arrest of the Court; (1) The William Hull, Lush. 25. The Cosmopolitan, 9 P. D. 35; The Melpomene, L. R. 4 A. & E. Wm. & Br. 386 (ed. 1886). 12...