stantial interest in the res or fund is required, or in other words an interest which may be injuriously affected by the decree in the action (The Dowthorpe, 2 W. Rob. 73 (77)). This principle does not in reality conflict with the judgment in The Killarney, Lush. 427 (435); 6 L. T. N. S. 908, where it was assumed that the interests of third parties would from the nature of the defendant's case be properly cared for without the necessity of a separate appearance. So, a mortgagee may appear (The Julinder, Spk. 75), and the trustee of a bankrupt (The Dowthorpe, supra), and underwriters, as long as they fall within the above principle (The Regina del Mare, Br. & Lush. 315). The owners of a ship which has been found to blame in a collision suit may appear in an action of salvage against the injured and salved ship, and, if they put in bail in lieu of the latter, may conduct the defence, whilst the bail of the salved ship will be discharged (The Diana, 31 L. T. N. S. 203; 2 Mar. L. C. N. S. 366). Also the owners of cargo may appear in a wages suit against ship and freight, where the claimants desire to be preferred to bottomry bondholders, since the result may cause the latter to have a claim against the cargo (The Union, Lush. 128; 30 L. J. Ad. 19). Adverse claimants would, it seems, also be allowed to appear (The India, 32 L. J. Ad. 35; The Volant, Br. & Lush. 321; The Eastern Belle, 33 L. T. N. S. 214). ORDER XIII. DEFAULT OF APPEARANCE. ance in 1. Where no appearance has been entered to a writ of summons Default of for a defendant who is an infant, or a person of unsound mind not so appearfound by inquisitions, the plaintiff may apply to the Court or a judge actions in for an order that some proper person be assigned guardian of such defendant, by whom he may appear and defend the action. But no such order shall be made unless it appears on the hearing of such personam. demand. application that the writ of summons was duly served, and that notice of such application was after the expiration of the time allowed for appearance, and at least six clear days before the day in such notice named for hearing application, served upon or left at the dwelling-house of the person with whom or under whose care such defendant was at the time of serving such writ of summons, and also (in the case of such defendant being an infant not residing with or under the care of his father or guardian) served upon or left at the dwelling-house of the father or guardian, if any, of such infant, unless the Court or judge at the time of hearing such application shall dispense with such last-mentioned service. This rule is applicable only to actions in personam. 2. Where any defendant fails to appear to a writ of summons, and the plaintiff is desirous of proceeding upon default of appearance under any of the following rules of this order, or under Order XV., Rule 1, he shall, before taking such proceeding upon default, file an affidavit of service, or of notice in lieu of service, as the case may be. Default in 5. Where the defendant fails to appear to the writ of summons, and claim for the writ is not specially indorsed, but the plaintiff's claim is for a debt liquidated or liquidated demand only, no statement of claim need be delivered, but the plaintiff may file an affidavit of service or notice in lieu of service, as the case may be, and a statement of the particulars of his claim in respect of the causes of action stated in the indorsement upon the writ, and may, after the expiration of eight days, enter final judgment for the amount shown thereby and costs to be taxed, provided that the amount shall not be more than the sum indorsed upon the writ, besides costs. Proceedings in default of 5a. Where a defendant fails to appear to a writ of summons issued out of a district registry, and the defendant had the option of entering an appearance either in the district registry or in the London office, judgment for want of appearance shall not be entered by the plaintiff until after such time as a letter posted in London on the previous evening in due time for delivery to him on the following morning, ought in due course of post to have reached him. The above rules only apply to actions in personam. (10.) In an Admiralty action in rem in which an appearance has not been entered, the plaintiff may proceed as follows:"If within a fortnight after service of a writ of summons and : ance in actions in warrant no appearance shall have been entered in the action, the appearsolicitor for the plaintiff may file his statement of claim. And, if within a fortnight from the filing of the statement of claim, no appear- rem. ance shall have been entered, the plaintiff's solicitor may, on bringing in his proofs, enter the action for trial. "If when the action comes before the judge he is satisfied that the plaintiff's claim is well founded, he may pronounce for the claim with or without a reference to the registrar or the registrar assisted by merchants, 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 in the premises as to him shall seem just." Rule 10 of the Judicature Rules having been repealed the old practice was revived and embodied in the preceding rules by an order issued from the registry in Feb. 1876. The practice is to enter the cause for hearing, when it will be set down in the list, and generally taken on the motion day of the week; but, in some cases where there are exceptional circumstances, the cause may come before the judge on motion for judgment under O. xl., r. 1, and a decree will be made according to the claim on the writ without a statement of claim as required by the above rules (The Julina, 35 L. T. N. S. 410) where there was a fund in Court, a previous action in regard to the same subjectmatter had been allowed to go by default, and the last claim was for wages. In the case of an action on a bottomry bond, the original bond must in all cases be brought into Court (The Rowena, 37 L. T. N. S. 366; 3 Asp. M. C. N. S. 406). When foreign sailors are plaintiffs and a sum is demanded by way of viaticum, a certificate of their consul must be brought to the notice of the judge, stating that the plaintiffs are returning home at their own cost, before a decree for this special sum can be obtained (The Raffaelluccia, 37 L. T. N. S. 365; 3 Asp. M. C. N. S. 505). The Court will generally also grant leave to bondholders to pay prior charges, as wages and other claims, and to have a lien in respect thereof, so as to save expense of actions, on an affidavit showing the charges (The Fair Haven, L. R. 1 Ad. 67). Application for account. ORDER XV. APPLICATION FOR ACCOUNT WHERE WRIT INDORSED UNDER 1. In default of appearance to a summons indorsed under Order III., Rule 8, and after appearance, unless the defendant, by affidavit or otherwise, satisfy the Court or a judge that there is some preliminary question to be tried, an order for the account claimed, with all directions now usual in the Court of Chancery in similar cases, shall be forthwith made. 2. An application for such order as mentioned in the last preceding rule shall be made by summons, and be supported by an affidavit filed on behalf of the plaintiff, stating concisely the grounds of his claim to an account. The application may be made at any time after the time for entering an appearance has expired. Parties. ORDER XVI. PARTIES. 1. All persons may be joined as plaintiffs in whom the right to any relief claimed is alleged to exist, whether jointly, severally, or in the alternative. And judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to, without any amendment. But the defendant, though unsuccessful, shall be entitled to his costs occasioned by so joining any person or persons who shall not be found entitled to relief, unless the Court in disposing of the costs of the action shall otherwise direct. 2. Where an action has been commenced in the name of the wrong person as plaintiff, or where it is doubtful whether it has been commenced in the name of the right plaintiff or plaintiffs, the Court or a judge may, if satisfied that it has been so commenced through a bond fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person or persons to be substituted or added as plaintiff or plaintiffs upon such terms as may seem just. Where the bailee of a vessel brings an action and is successful, the Court will take precautions that the sum awarded shall not be paid out without reasonable security that the owners do not also bring an action, and that both parties consent to the appropriation of the sum awarded (The Minna, L. R. 2 Ad. 97). In such a case it would be advisable to join both bailees and owners under the first of the above rules. The assignors of a cause of action where there is no lien may sue for the assignees even though the assignors' claim does not accrue, and even if their general property has vested in a trustee in bankruptcy (The Wasp, L. R. 1 Ad. 367; 2 Mar. L. C. O. S. 552). Any number of persons having a common interest may be joined as plaintiffs: thus, several seamen may unite in a wages suit, and the owner of the ship and the owner of the cargo in an action for damages. A charterer, being generally, pro hac vice, owner of the vessel, should be a party to an action for salvage instead of the actual owner (The Scout, L. R. 3 Ad. 512; 41 L. J. Ad. 42), and the representative of a foreigner lost at sea in an action of damage (The Explorer, L. R. 3 Ad. 289; 40 L. J. Ad. 41). 3. All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative. And judgment may be given against such one or more of the defendants as may be found to be liable, according to their respective liabilities, without any amendment. It will be obvious that this rule can apply only to an action in personam. 4. It shall not be necessary that every defendant to any action shall be interested as to all the relief thereby prayed for, or as to |