Arrest of Property

50. In an action in rem any party may at the time of, or at any time after the issue of the writ of summons, apply to the Court or a Judge for the issue of a warrant for the arrest of property.

The party so applying shall before making his application file in the Court an affidavit containing the particulars prescribed by the following rules.

Such application shall be in writing signed by the person making the application or his advocate and shall be filed by the Registrar.

The affidavit may be in the Form C in Schedule I hereto.

51. The affidavit shall state the nature of the claim, and that the aid of the Court is required.

52. The affidavit shall also state-

(a) In an action for wages, the national character of the ship, and if the ship is neither a British nor an Ottoman ship, 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 Cyprus;

(b) In an action for necessaries, or for building, equipping, or repairing any ship, 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 in Cyprus at the time when the necessaries were supplied or the work was done.

53. In an action for bottomry, the bottomry bond in original shall be produced for the inspection and perusal of the Court or Judge, and a copy of the bond, or. of a translation thereof, certified by the Registrar to be correct, shall be annexed to the affidavit and filed therewith.

54. The Court or Judge may direct the issue of a warrant although the affidavit does not contain all the prescribed particulars, and, in an action for bottomry, although the bond has not been produced.

55. The warrant shall be served by the marshal, or his officer in the manner prescribed by these Rules for the service of a writ of summons in an action in rem, and thereupon the property shall be deemed to be arrested.

56. The warrant may be served on any day whatever.

57. The warrant shall be prepared by the Registrar and when so prepared shall be signed by a Judge of the Court.

A warrant of arrest may be in the Form D in the Schedule I hereto.

58. The marshal shall immediately after service of the warrant has been effected forward to the Registrar of the Court a certificate of service.

The Registrar shall file the certificate on receipt thereof.

59. The certificate shall state by whom the warrant of arrest has been served, and the date and mode of service, and shall be signed by the marshal.

The certificate of service may be in the Form E in Schedule I hereto,