Pacific Tractor Rentals ( V.I. ) Ltd. v. Palaquin ( The )
T-2616-95
Hargrave P.
10/6/96
7 pp.
Motion for definition of scope of arrest warrant served on Palaquin-Captain removing ship's engine for repairs 10 days before arrest and vessels electronics for safekeeping some time before arrest-Interlocutory declarations as to legal rights, being discretionary should be made with caution, having regard to all circumstances but may be made in proper instance-Must have practical effect-Deciding whether warrant extends to engine and electronics equipment determines narrow point and allows parties to get on with substance of action without distraction-Warrant of arrest covers everything belonging to ship as part of equipment, even items physically detached from it-Otherwise complete chaos with enterprising owners stripping vessels after accidents-Electronics clearly caught by warrant-Where evidence engine having no value at time repairs made, engine, following repairs, being worth no more than repairs, might properly be released to owner-No such evidence here-Engine subject to warrant.