"ملف 28/2 الحرب. الاختصاص القضائي للسفن المغتنمة في دول الخليج العربي" [ظ‎‎٦‎٦] (٢٩٢/١٣٢)

Where no ship papers or aircraft papers are delivered up or found on
board the ship, the affidavit shall be in the form marked No. n (iii ) in
Appendix A.
Provided that no affidavit shall be invalidated by reason only of a defect
in form.
ORDER V.
Proceedings in case of failure to proceed by Captors.
x. Where a ship or aircraft has been and still remains detained, whether
captured as prize or not, and no cause is instituted against it within one
month from the time it is so taken or seized, a claimant may, after issuing
a writ as provided by Order II., apply for an order for the release of the
ship or aircraft and its restoration to him, and the Judge upon such appli
cation may make such order as to the restoration of the ship or aircraft
and as to damages or costs or as to proceeding to judgment as he may
think fit.
2. Where a ship or aircraft has been captured as prize, but has been sub
sequently released by the captors, or has, by loss, destruction, or otherwise,
ceased to be detained by them without proceedings for condemnation having
been taken, any person interested in the ship or aircraft wishing to make
a claim for costs and damages in respect thereof, shall issue a writ as pro
vided by Order II.
3. Where, after a cause has been instituted, the captors fail to take any
of the steps within the respective times provided by these Rules, or, in
the opinion of the Judge, fail to prosecute with effect the proceedings for
adjudication, the Judge may, upon the application of a claimant who has
entered an appearance as provided by Order III., order the ship or aircraft
to be released and to be restored to the claimant, and may make such order
as to damages or costs as he may think fit.
4. Any person interested in a ship or aircraft may, without issuing a
writ, under the circumstances stated in Rule 1, provided he does not intend
to make a claim for restitution or damages, apply by summons for an
order that the captors proceed to adjudication, and the Judge may, on the
hearing of such summons, order the captors to proceed to adjudication or
make such other order as he may think fit.
ORDER VI.
Discon tinuance.
Proceedings may be discontinued by leave of the Judge, and not other
wise; such discontinuance may be in respect of all or any part of the
subject matter of the cause. No order for discontinuance shall be made or
taken to prejudice the right (if any) of a claimant to costs and damages.
Notice of discontinuance (Appendix A, Form No. 12) shall be served on the
other parties.
ORDER VII.
Pleadings.
1. In any cause, the Judge may, on the application of any party by
summons, order such pleadings to be delivered as he may think fit.
2. A pleading shall be divided into short paragraphs numbered con
secutively which shall state concisely the facts, and the effect of the docu
ments, if any, on which the party relies, and shall be signed by the party
or his solicitor or counsel.
3. A pleading may at any time be amended by consent of the parties,
or by order of the Judge. If a party unreasonably refuses to give his
consent he shall be liable to be condemned in the costs occasioned by such
refusal.