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Act of Sederunt (Rules of the Court of Session 1994) 1994

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Arrestment of ships and arrestment in rem of cargo on board ship

16.13.  (1)  An arrestment of a ship in rem or on the dependence, or an arrestment in rem of cargo on board ship, may be executed on any day by a messenger-at-arms who shall affix the schedule of arrestment–

(a)to the mainmast of the ship;

(b)to the single mast of the ship; or

(c)where there is no mast, to some prominent part of the ship.

(2) In the execution of an arrestment of a ship on the dependence, the messenger-at-arms shall, in addition to complying with paragraph (1), mark the initials “ER” above the place where the schedule of arrestment is fixed.

(3) On executing an arrestment under paragraph (1), the messenger-at-arms shall deliver a copy of the schedule of arrestment and a copy of the certificate of execution of it to the master of the ship, or other person on board in charge of the ship or cargo, as the case may be, as representing the owners of, or parties interested in, the ship or cargo, as the case may be.

(4) Where the schedule of arrestment and the copy of the certificate of execution of it cannot be delivered as required under paragraph (3)–

(a)the certificate of execution shall state that fact; and

(b)either–

(i)the arrestment shall be executed by serving it on the harbour master of the port where the ship lies; or

(ii)where there is no harbour master, or the ship is not in a harbour, the pursuer shall enrol a motion for such further order as to intimation and advertisement, if any, as may be necessary.

(5) A copy of the schedule of arrestment and a copy of the certificate of excution of it shall be delivered by the messenger-at-arms to the harbour master, if any, of any port where the ship lies.

(6) In this rule, “ship” has the meaning assigned in section 48(f) of the Administration of Justice Act 1956(1).

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