--(1) In a claim in rem the claimant or defendant may, after the issue of the claim in the proceedings and subject to the provisions of this rule, issue a warrant in Form No. 18 for the arrest of the property against which the claim or counterclaim is brought.
--(2) Before a warrant to arrest any property is issued the party intending to use it must procure a search to be made in the caveat book for the purpose of ascertaining whether there is a caveat against arrest in force with respect to that property.
--(3)The general rule is that a warrant of arrest may not be issued until the party intending to issue the same has filed an affidavit made by him or his agent containing the following particulars:
----(a) in every case-
--------(i) the nature of the claim or counterclaim and that it has not been satisfied and, if it arises in connection with a ship, the name of that ship; and
--------(ii) the nature of the property to be arrested and, if the property is a ship, the name of the ship and the port to which she belongs;
----(b) in the case of a claim against a ship under rules 74 .2(e) to (f) and (h) to (r)-
--------(i) the name of the person who would be liable on the claim in a claim in personam ("the relevant person");
--------(ii) that the relevant person was when the cause of proceedings arose the owner or charterer of, or in possession or in control of, the ship in connection with which the claim arose; and
--------(iii) that at the time of the issue of the claim the relevant person was either the beneficial owner of all the shares in the ship in respect of which the warrant is required or (where appropriate) the charterer of it under a charter by demise; and
----(c) in the case of a claim for possession of a ship or for wages, the nationality of the ship in respect of which the warrant is required and that the notice (if any) required by paragraph (7) has been sent.
--(4) Where appropriate a copy of any notice sent to a consul under paragraph (7) must be exhibited to an affidavit required by paragraph (3).
--(5) The court may, however, give permission to issue the warrant notwithstanding that the affidavit does not contain all those particulars.
--(6) A warrant of arrest may not be issued without the permission of the court in the case of property whose beneficial ownership has, since the issue of the claim, changed as a result of a sale or disposal by the court.
--(7) The general rule is that a warrant of arrest may not be issued in a claim in rem against a foreign ship belonging to a port of a State having a consulate in Port-of-Spain being a claim for possession of the ship or for wages, until notice that the proceedings have been begun has been sent to the consul or the court gives permission.
--(8) Issue of a warrant of arrest takes place upon it being sealed by the court office.
Notes
Amended by Legal Notice 140 of 2000.
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