VOL. XV.] EXOHEQUER .COURT REPORTS. ' 23 BRITISH COLUMBIA ADMIRALTY DISTRICT. (IN CHAMBERS.) MOMSEN PLAINTIFF; , 1913 Sept. 29. AGAINST -- THE SHIP AURORA. Admiralty law Practice—Re-arréat of ship after judgment—Bail—Judgment— Costs—Seca. 15 and 22 Admiralty Courts Act, 1881---Rule 39. A warrant may be issued for the re-arrest of a ship, released on bail, to answer' the amount of the claim and costs for which judgment has been recovered and remains unsatisfied. • APPLICATION for an order under rule 39 for a warrant to issue for the re-arrest of the defendant ship. She had been arrested and released under a bail bond, and later judgment was recovered against her with costs, but had not been paid though execution had issued against the owner and sureties, and been returned nulla bona. The application was heard by the Honourable Mr. Justice Martin, Local Judge, of the British Columbia Admiralty District, in Chambers at Victoria, September 26th, 1913 . E. A. Lucas for the motion. On the facts proved I submit the plaintiffs are entitled to the order—see secs. 15 and 22 Admiralty Courts Act, 1861; Williams & Bruce Ad. Prac., (1) The ship is still within the jurisdiction available to till process of. the Court. MARTIN, L. J:—There does not seem to be any valid reason why the order should not be granted. In The Freedom (2) the ship was re-arrested to answer the costs, though the damages had been paid to the full (1) Pp. 480, 511-2. (2) (1871) L.R. 3 Ad. & E., 495.
24 EXCHEQUER COURT REPORTS.. [VOL. XV. 1913 extent of the bail bond. Here nothing has been paid MOMSEN on either head, so I see no obstacle in the way. She V. THE SHIP can at least be arrested for costs, and there is nothing AURORA. in The Freedom Reasons for case to show that she should not be Judgment,. arrested to answer the judgment in the present circum- stances; the reasoning, indeed, in that decision is all in favour of such a course, though because no one has. appeared to present an argument in support of a con- trary view I shall be prepared to listen to one should. occasion arise. Order accordingly,
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.