PART IV ADMIRALTY RULES Division I – Preliminary. 1–(1) Subject to the rules contained in this Part, the Supreme Court Rules 2000, shall so far as the same are applicable to admiralty actions, apply to and regulate the procedure and practice of the Court in the exercise of its jurisdiction in admiralty. (2) The rules contained in this Part shall be read and construed subject to the provisions of subsection (5) of section 9 of the Act. Division II – Form and commencement of action. 2–(1) All actions in the admiralty jurisdiction of the Court which, previously to the commencement of the Act, were commenced by an action in rem or in personam shall continue to be instituted by a writ of summons, and every proceeding so instituted shall continue to be called an action, but every such action shall be instituted and conducted in accordance with the rules contained or incorporated in this Part. (2) An action in the admiralty jurisdiction of the Court is hereinafter referred to as an "admiralty action". 3 Subject to the provisions of any Imperial Act and any Commonwealth Act, all actions for the condemnation of any ship, vessel, boat, cargo, proceeds, slaves, or effects, or for the recovery of any pecuniary forfeiture or penalty recoverable in the admiralty jurisdiction of the Court shall be instituted in the name of Her Majesty. Division III–Writ of summons. 4 The writ of summons in every admiralty action shall be in accordance with one of the forms Nos. 4, 5, and 6 in section I of Appendix Q, with such variations as circumstances may require. Division IV–Warrants of arrest. 5 In admiralty actions in rem, a warrant for the arrest of property (which warrant shall be in accordance with form No. 8 in Appendix Q, with such variation as circumstances may require) may be issued, at the instance either of the plaintiff or of the defendant, at any time after the writ of summons has been issued, but no warrant of arrest shall be issued until an affidavit by the party or his agent (including the solicitor of the party or the solicitor's clerk) has been filed and the following provisions complied with: – (a) The affidavit shall state the name and description of the party at whose instance the warrant is to be issued, the nature of the claim or counter-claim, the name and nature of the property to be arrested, and that the claim or counter-claim has not been satisfied, and that the aid of the Court is required to enforce it; (b) The affidavit to lead the warrant may be in accordance with form No. 7 in section I or in such of the forms in section III of Appendix Q as may be applicable; (c) In an action for wages or of possession, the affidavit small state the national character of the vessel proceeded against, and, if against a foreign vessel, that notice of the commencement of the action has been given to the consul, or consular representative or agent of the State to (d) (e) (f) which the vessel belongs, if there be one resident in the place of the registry in which the writ of summons is issued, and a copy of the notice shall be annexed to the affidavit. In an action for necessaries, the affidavit shall state the national character of the vessel, and, to the best of the deponent's belief, the port to which the vessel belongs, and that, to the best of the deponent's belief, no owner or part owner of the vessel is domiciled in Tasmania; In an action between co-owners relating to the ownership, possession, employment, or earnings of any vessel registered in the State of Tasmania, the affidavit shall state the port at which the vessel is registered and the number of shares in the ship owned by the party proceeding; and In an action of bottomry, the bottomry bond, and, if in a foreign language, also a notarial translation thereof, shall be produced for the inspection and perusal of the Registrar, and a copy of the bond or of the translation thereof certified to be correct shall be annexed to the affidavit. 6 The Registrar may, if he think fit, allow the warrant to issue, although the affidavit required by rule 5 may not contain all the required particulars, and, in an action for wages, although the notice mentioned in paragraph (c) of rule 5 has not been served, and, in an action of bottomry, although the bond has not been produced, or he may refuse to issue the warrant without an order of a judge. Division V–Service of writ of summons and warrant of arrest. 7 In admiralty actions in rem, service of a writ of summons or warrant of arrest shall not be required in any case in which the solicitor of the defendant agrees to accept service and to enter an appearance and put in bail or to pay money into Court in lieu of bail. 8 In admiralty actions in rem, the warrant of arrest shall be served by the Marshal or his substitute or officer wheresoever within the jurisdiction of the Court the property to be arrested may be, and the solicitor issuing. the warrant shall, within six days from the service thereof, file the same in the Registry. 9 In an admiralty action in rem, service of the writ of summons or warrant of arrest shall be effected– (a) upon a vessel or upon freight, cargo, or other property if the cargo or other property is on board a vessel, by nailing or affixing the writ or warrant for a short time to the mainmast or the single mast or to some other conspicuous part of the vessel, and on taking off the writ or warrant leaving a copy of it nailed or affixed in its place; (b) upon cargo, freight, or other property if the cargo or other property is not on board a vessel, by placing the writ or warrant for a short time on such cargo or property, and on taking off the writ or warrant leaving a copy upon it; (c) upon freight in the hands of any person, by showing the writ or warrant to him and by leaving with him a copy thereof; and (d) upon proceeds in Court, by showing the writ or warrant to the Registrar, and by leaving with him a copy thereof, which service shall be a sufficient arrest of the proceeds. 10 If access cannot be obtained to the property on which the writ or warrant is to be served, the writ or warrant may be served by showing it to any person appearing to be in charge of such property, and by leaving with him a copy of the writ or warrant, but in any such case a copy of the writ or warrant shall be published forthwith after such service in some public newspaper ordinarily circulating in the locality where the property is. Division VI–Appearance and bail. 11 Whenever bail is required to be given in an admiralty action, it shall be given by filing one or more bail bonds, each of which shall be signed by two sureties, unless a judge shall, on special cause shown, order that one surety shall suffice. 12 Sureties may attend to sign a bond, either separately or together. 13 A solicitor not entering an appearance or putting in bail or paying money into Court in lieu of bail in admiralty actions in rem in pursuance of his written undertaking so to do shall be liable to an attachment. 14 In admiralty actions in rem, bail may be taken before the Registrar or any district registrar or a commissioner of the Court, and in every case the sureties shall justify by affidavit. 15 A bail bond shall not, unless by consent, be filed until after the expiration of forty-eight hours from the time when a notice containing the names and addresses of the sureties, and of the commissioner before whom the bail was taken, shall have been served upon the adverse solicitor, and a copy of the notice verified by affidavit shall be filed with the bail bond. 16– (1) If the adverse party is not satisfied with the sufficiency of any surety, he may file a notice in the Registry objecting to such surety, and thereupon the Registrar shall give the party objecting an appointment for the surety objected to to be cross-examined on his affidavit before the Registrar, and the party objecting shall serve notice of such appointment on the solicitor for the party on whose behalf the bail is required to be given at least twenty-four hours before the time appointed for the examination, and the Registrar shall, at the time appointed for the examination or at any adjournment, take the cross-examination of the proposed surety, and shall determine the sufficiency of the surety objected to. (2) The bail bond shall not be filed until the Registrar has determined that the surety is sufficient. (3 ) If the Registrar determines that the surety is sufficient, the costs of and incidental to the cross-examination shall be paid by the party objecting to the sufficiency of the surety. 17 Every bail bond shall be deemed without any express condition in the bond to cover and apply to an agreement to compromise or settle the action and to an admission of liability therein and to any amount of salvage, damages, interest, and costs agreed to be paid in the action or assessed on a reference after an admission of liability or compromise or settlement. 18 No commissioner shall take bail on behalf of any person for whom he, or any person in partnership with him, is acting as solicitor or agent 19 A commission or fee paid to a person becoming surety to a bail bond or otherwise giving security may be recovered on taxation, provided that the amount of such commission or fee shall not in the aggregate exceed one dollar per centum on the amount in which bail is given. 20 In an admiralty action in rem, any person not named in the writ of summons may intervene and appear as heretofore on filing an affidavit showing that he is interested in the res under arrest or in the fund in the Registry. Division VII–Default of appearance. 21 In admiralty actions in rem, if the defendant does not appear within the time limited for appearance, upon the filing by the plaintiff of a proper affidavit of service and of a statement of claim, the action may, on the expiration of twenty-one days from the service of the writ of summons, be set. down for judgment by default. 22 The Court or a judge may, in any case in which the writ of summons contains sufficient particulars of the claim, dispense with the filing of a statement of claim. 23 In admiralty actions in rem, upon default of appearance, if when the action comes before him the judge is satisfied that the plaintiff's claim is well founded, he may pronounce for the claim with or without a reference to the Registrar, either alone or assisted by one or more merchants or other assessor or assessors, and may, at the same time, order the property to be appraised. and sold, with or without previous notice, and the proceeds to be paid into Court, or may make such order as he shall think fit. Division VIII–Parties and joinder of causes of action. 24 The provisions of Division 12 of Part 7 of the Supreme Court Rules 2000 shall be so construed as to permit several plaintiffs having separate causes of action in the admiralty jurisdiction of the Court to sue collectively in all cases in which several or a number of persons might have so sued before the commencement of the Act. 25 The Court or judge may order any person who is interested in the action, though not named in the writ of summons, to come in either as plaintiff or defendant. An underwriter and an insurer shall be deemed to be a person interested in the action for the purposes of this rule. 26 The Court or a judge may order upon what terms any person shall come in, and what notices and documents, if any, shall be given to and served upon him, and may give such directions in the matter as to it or him shall seem fit Division IX–Statement of claim. 27 In admiralty actions in rem, the plaintiff shall, subject to any order of the Court or a judge, within twelve days from the appearance of the defendant, deliver his statement of claim. Division X–Tenders 28 A party desiring to make a tender in satisfaction of the whole or any part of the adverse party's claim shall pay into Court the amount tendered by him, and shall file a notice of the terms on which the tender is made, and shall, on the same day, serve a copy of the notice on the adverse party. 29 Within seven days from the filing of the notice, the adverse party shall file a notice stating whether he accepts or rejects the tender, and shall, on the same day, serve a copy of the notice on the party who made the tender, and, if he shall not do so, he shall be held to have rejected the tender. 30 Pending the acceptance or rejection of a tender the proceedings in the action shall be suspended. Division XI–Payment into and out of Court 31 A party to an admiralty action may pay money into Court by way of satisfaction pursuant to Part 8 of the Supreme Court Rules 2000. 32 Money paid into Court in an admiralty action shall not be paid out of Court except in pursuance of an order of the Court or a judge. 33 A solicitor desiring to prevent the payment of money out of Court in an admiralty action shall file a notice, and thereupon a caveat shall be entered in a book in the Registry called the "Caveat Payment Book". Division XII–Default of pleading 34 In admiralty actions in rem, if the defendant makes default in delivering a defence, the plaintiff may, on the expiration of fourteen days from the delivery of the statement of claim, and on filing an affidavit of nondelivery of a defence, set down the action for judgment by default, and the provisions of rule 23 shall be applicable to such action. 35 In admiralty actions in rem, if the plaintiff make default in delivering a defence to a counter-claim, the defendant may, on the expiration of fourteen days from the delivery of the counter-claim, and on filing an affidavit of non-delivery of a defence to the counter-claim, set down the counter-claim for judgment by default, and the provisions of rule 23 shall be applicable to such action. Division XIII–Caveats and releases 36 Property arrested by warrant shall only be released under the authority of an instrument issued from the Registry to be called a release. 37–(1) A release may be issued by the Registrar, unless there is a caveat outstanding against the release of the property– (a) on payment into the Registry of the amount claimed (including costs), or of the appraised value of the property arrested; (b) where cargo is arrested for freight only, by filing an affidavit as to the value of the freight and by paying into the Registry the amount of the freight; (c) on one or more bail bonds being filed for the amount claimed (including costs), or for the appraised value of the property arrested, and on proof that forty-eight hours' notice of the names and addresses of the sureties has been previously served on the party at whose instance the property has been arrested; (d) on the application, before an appearance has been entered, of the party at whose instance the property has been arrested, by filing a notice that he withdraws the warrant; (e) on a consent in writing being filed signed by the party at whose instance the property has been arrested; or (f) on the discontinuance or dismissal of the action in which the property has been arrested. (2) The Registrar may refuse to issue a release without the order of a judge. 38 A judge may order the release of cargo arrested for freight only, if he is satisfied that the freight has been paid 39–(1) Notwithstanding anything contained in rule 37, property which has been arrested for salvage shall not be released unless– (a) the action in which the property has been arrested is discontinued or dismissed; (b) the value of the property arrested has been agreed upon or appraised or determined by a judge; or (c) an affidavit of the value of the property arrested has been filed in the Registry, and forty-eight hours' notice of the filing thereof has been given to the solicitor of the party at whose instance the property was arrested, and no notice disputing the value stated in the affidavit has been filed in the Registry on behalf of such party. (2) Service of the notice required by this rule shall be proved by affidavit, and such affidavit shall be filed in the Registry before the property is released. 40 In any case in which an affidavit of value and a notice objecting to the value stated in such affidavit have been filed pursuant to rule 39, either party shall be entitled to apply to the Court or a judge for an order for appraisement, and in any such case the costs of the application and the appraisement shall be reserved to abide the result of the appraisement. 41 The release, when obtained, shall be left with the Marshal by the solicitor taking out the same, who shall also at the same time pay all costs, charges, and expenses attending the care and custody of the property whilst under arrest; and the property shall thereupon be released. 42 A solicitor in an action, desiring to prevent the release of any property under arrest, shall file in the Registry a notice, and thereupon a caveat against the release of the property shall be entered in a book to be kept in the Principal Registry called the "Caveat Release Book". 43 When an action is proceeding in a district registry, the district registrar shall, before authorizing a release, ascertain by telegraph, or otherwise, from the Registry whether or not any caveat has been entered there. 44 A party delaying the release of any property by the entry of a caveat shall be liable to be condemned in costs and damages, unless he shall show to the satisfaction of the Court or a judge good and sufficient reason for having so done. 45 A party desiring to prevent the arrest of any property may cause a caveat against the issue of a warrant for the arrest thereof to be entered in the Principal Registry. 46 For the purpose in the last preceding rule mentioned, the party shall cause to be filed in the Registry a notice, signed by himself or his solicitor, undertaking to enter an appearance in any action that may be commenced against the said property, and to give bail in such action in a sum not exceeding an amount to be stated in the notice, or pay such sum into the Registry; and a caveat against the issue of a warrant for the arrest of the property shall thereupon be entered in a book to be kept in the Registry called the "Caveat Warrant Book". 47 Where an action is proceeding in a district registry the district registrar (unless required to act under rule 52 of this Part) shall, before issuing a warrant for the arrest of the property, ascertain by telegraph, or otherwise, from the Registry, whether or not any caveat has been entered against the issue of a warrant for the arrest thereof. 48 A solicitor commencing an action against any property in respect of which a caveat has been entered in the Caveat Warrant Book, shall forthwith serve a copy of the writ upon the party on whose behalf the caveat has been entered, or upon his solicitor. 49 Within three days from the service of the writ or copy thereof, the party on whose behalf the caveat has been entered shall, if the sum in respect of which the action is commenced does not exceed the amount for which he has undertaken, give bail in such sum, or pay the same into the Registry. 50 After the expiration of twelve days from the service of the writ or copy thereof, if the party on whose behalf the caveat has been entered shall not have given bail in such sum, or paid the same into the Registry, the plaintiff's solicitor may proceed with the action by default, and on filing his proofs in the Registry may have the action placed in the list for hearing. 51 If, when the action comes before the judge, he is satisfied that the claim is well founded, he may pronounce for the amount which appears to him to be due, and may enforce the payment thereof by attachment against the party on whose behalf the caveat has been entered, and by the arrest of the property, if it then be or thereafter come within the jurisdiction of the Court. 52 Nothing in these rules shall prevent a solicitor from taking out a warrant for the arrest of any property, notwithstanding the entry of a caveat in the Caveat Warrant Book; but the party at whose instance any property in respect of which a caveat is entered shall be arrested shall be liable to have the warrant discharged and to be condemned in costs and damages, unless he shall show, to the satisfaction of the judge, good and sufficient reason for having so done. 53 In admiralty actions a caveat, whether against the issue of a warrant, the release of property, or the payment of money out of Court, shall not remain in force for more than six months from the date thereof. 54 If the person entering a caveat is not a party to the action, the caveat shall state his name and address and an address within one mile of the Registry at which it shall be sufficient to leave all documents required to be served. upon him. 55 A caveat may at any time be withdrawn by the person at whose instance it has been entered on his filing in the Registry a notice withdrawing it. Division XIV–Proceedings in district registries 56 (1) The Court or a judge may order that an admiralty action be transferred from one registry to another. (2) If an admiralty action is transferred to another registry, any document filed in that action is to be transferred to the other registry. Division XV–Trial 57 Except as provided by rule 58 of this Part, all admiralty actions shall be tried by a judge without a jury. 58 The Court or a judge may order any admiralty action, or any question or issue of fact therein, to be tried by a jury if the Court or judge is satisfied that the action or question or issue of fact is one that is more suitable for trial by a judge and jury than by a judge sitting without a jury. 59 The Court or a judge, on the application of any party, or without any such application if it or he considers that the nature of the case requires it, may appoint one or more assessors to advise the Court or judge upon any matters requiring nautical or other professional knowledge. 60 Where the writ of summons has been endorsed with a claim to have an account taken, or the liability has been admitted or determined and the question is simply as to the amount due, the Court or a judge may, on the application of any party, fix a time within which the accounts and vouchers, and the proofs in support thereof, shall be filed, and at the expiration of that time any party may have the matter set down for trial. Division XVI–References 61 The provisions of this Part as to references shall apply to references by the Court or a judge or, by agreement of reference, to the Registrar, whether the reference to be to the Registrar alone or to the Registrar assisted by one or more merchants or other assessor or assessors. 62 A reference may be ordered to assess damages done by or to a ship or the amount due in claims for wages or disbursements or necessaries or in co-ownership actions and on bottomry bonds and mortgages, and generally in all cases where matters relating to the assessment of damages or of account are in dispute. 63–(1) Except in a limitation action, the claimant shall, within twenty-one days from the day when the order for the reference is made, or an agreement for reference is filed, file the claim and vouchers and affidavits, if any, and, except in a limitation action, serve copies thereof on the opposite party; failing which the Court may, on the application of any other party, dismiss the claim. (2) In a limitation action the time for filing claims shall be fixed by the Court or a judge. 64 After the filing of the claims and vouchers, or, in a limitation action, after the expiration of the time limited by the Court or a judge for the filing of claims, a day for the reference shall be appointed by the Registrar, who shall give notice to all parties entitled to attend on the reference. 65 At the time appointed for the reference, if the counsel or solicitor for any party be present, the reference may be proceeded with, but the Registrar may adjourn the reference as he may deem proper. 66 Evidence on any reference may be given viva voce or by affidavit, or in such other manner as may be agreed upon, and the evidence may, on the application of either party, but at the expense in the first instance of the party on whose behalf the application is made, be taken down by a shorthand writer appointed by the Court or a judge, and in such case a transcript of the shorthand writer's notes certified by him to be correct shall be admitted to prove the oral evidence of the witnesses on an objection to the Registrar's report. 67 Counsel may attend the hearing of a reference, but the expenses attending the employment of counsel shall not be allowed on taxation unless the Registrar shall be of opinion that the attendance of counsel was necessary. 68 The Registrar shall in his report make such order as to the costs of the reference as he shall think fit. 69 When a reference has been heard, the Registrar shall draw up a report in writing of the result. 70 When the report is ready, notice shall be sent by the Registrar to the parties. 71 The claimant, or in a limitation action the plaintiff, shall, within six days from the time when he has received notice that the report is ready, file the report and serve a notice that he has done so on the opposite party, or in a limitation action on the claimant. 72–(1) If the claimant shall not take the steps prescribed in rule 71,the opposite party may take up and file the report and apply for its confirmation, or may apply to the Court or a judge to have the claim dismissed with costs. (2)In a limitation action, if the plaintiff shall not take the steps prescribed in rule 71, a claimant may take up and file the report and apply for its confirmation. 73 A party who intends to object to the Registrar's report shall, within fourteen days after receiving notice that the report is ready, file in the Registry a notice that he objects to the report, and a copy thereof shall be served on the opposite party. 74– (1) An objection to a report shall be brought before the Court or a judge either by motion or on petition in objection to the report. (2) A notice of motion or a petition in objection to a report shall be filed within ten days from the filing of the notice of objection, and a copy of the notice or petition shall be served on the opposite party. (3)An answer to any petition in objection to a report shall be filed and a copy thereof served on the opposite party within ten days from the service of the petition. 75 All the rules respecting the pleadings and proofs in an action shall, so far as they are applicable, apply to the pleadings and proofs in an objection to a report of the Registrar. 76 The provisions of this Part as to references shall apply to references in a district registry as well as to references in the Principal Registry. Division XVII–Evidence 77 The evidence in every admiralty action may be given either by affidavit or by oral examination, or partly in one mode and partly in another 78 Evidence on a motion and on interlocutory proceedings shall ordinarily be given by affidavit, and at the hearing by the oral examination of witnesses, but the mode or modes in which evidence shall be given, either on a motion or interlocutory proceedings or at the hearing, may be determined either by consent of the parties or by the order of a judge. Division XVIII–Appraisement and sale 79 The Court or a judge may, either before or after final judgment, order any property under the arrest of the Court to be appraised or to be sold with or without appraisement and either by public auction or private contract. 80 If the property is deteriorating in value, the Court or a judge may order it to be sold forthwith. 81 If the property to be sold is of small value the Court or a judge may, it or he thinks fit, order it to be sold without a commission of sale being issued. 82 The Court or a judge may, either before or after final judgment, order any property under arrest of the Court to be removed or any cargo under arrest on board ship to be discharged. 83 The appraisement, sale, and removal of property, the discharge of cargo, and the demolition and sale of a vessel condemned under any Slave Trade Act shall, unless the Court or a judge otherwise orders, be effected under the authority of a commission addressed to the Marshal, and, subject to any such order, every such commission shall be executed by the Marshal, his substitutes, or officers. 84 The commission shall, as soon as possible after its execution, be filed by the Marshal, with a return setting forth the manner in which it has been executed. 85 As soon as possible after the execution of a commission of sale, the Marshal shall pay into Court the gross proceeds of the sale, and shall, with the commission, file his accounts and vouchers in support thereof. 86 The Registrar shall tax the Marshal's account, and shall report the amount at which he considers it should be allowed, and any party who is interested in the proceeds may be heard before the Registrar on the taxation, and any objection to the taxation shall be heard in the same manner as an objection to the taxation of a solicitor's bill of costs. Division XIX–Filing of documents 87 Documents and instruments filed in admiralty actions may be filed without any minute of the document or instrument and (except in cases in which a certificate of service is expressly required) without any certificate of service of a copy of the document or instrument on any adverse party. Division XX–Marshal 88 The Marshal shall execute by himself or his substitutes or officers all instruments issued from the Court which are addressed to him, and shall make returns thereof. 89 Any instrument which is required to be executed by the Marshal may be executed by him personally or by any of his officers or any competent person employed by him as his officer. Division XXI–Time 90 In admiralty actions, the Court or a judge shall have power, at any stage of the proceedings in any such action, upon a motion or summons by either party for the trial to take place on an early day to be appointed by the Court or judge, to appoint that such trial shall take place on any day or within any time which the Court or judge shall think fit, and for such purpose the Court or judge shall have power, upon such motion or summons, to dispense with the giving of notice of trial or to abridge the time or times appointed by the rules contained or incorporated in this Part for giving such notice, for the delivery of pleadings, or for doing any other act or taking any other proceeding in the action, upon such terms, if any, as the nature of the case may require. 91 The delays required by the rules contained in this Part with respect to the taking of bail in admiralty actions may be dispensed with by consent of the solicitors in the action. Division XXII–Preparation and service of instruments 92–(1) All instruments and documents to be filed in or issued from the Registry may be prepared by the party filing or applying for the issue of the instrument or document. (2) . . . . . 93 Every warrant, release, commission, attachment, and other instrument to be executed by any officer of, or commissioner acting under the authority of, the Court shall be signed by the Registrar, and shall be issued under the seal of the Court. 94 Every document issued under the seal of the Court shall bear date on the day of sealing, and shall be deemed to be issued at the time of the sealing thereof. 95 Every document requiring to be served shall be served within twelve months from the day on which it bears date otherwise the service thereof shall be invalid. 96 Every instrument to be executed by the Marshall shall be left with the Marshal by the party at whose instance it is issued with written instructions for the execution thereof. Division XXIII–Records of the Court in its admiralty jurisdiction 97 There shall be kept in the Registry a book, to be called "the Admiralty Minute Book", in which the Registrar shall cause to be entered, in order of date under the head of each action, a record of the commencement of the action, of all appearances entered, all documents issued or filed, all acts done, and all orders and judgments of the Court, whether made or done by the Court or a judge or by the Registrar or by consent of the parties in the action. 98 There shall be kept in the Registry a Caveat Warrant Book, a Caveat Release Book, and a Caveat Payment Book, in which all such caveats respectively, and the withdrawal thereof, shall be entered by the Registrar or his officers. 99 Any solicitor may, free of charge, inspect the Admiralty Minute and Caveat Books. 100 The parties to an action may, while the action is pending, and for one year after its termination, inspect free of charge all the records in the action. 101 Except as provided by the last two preceding rules, no person shall be entitled to inspect the records in a pending action without the permission the Registrar. 102 In an action which is terminated, any person may, on payment of a search fee, inspect the records in the action. Division XXIV–Security for costs 103 A seaman suing in an admiralty action for his wages, or for the loss of his goods or clothes in a collision, shall not be required to give security for costs.