son of unsound mind be a party to the action, producing a copy of the order giving leave to enter the same for argument.

A special case for the purpose of raising a question of law was formerly seldom used in the Court of Admiralty; but it is now of more frequent use, and, when convenient, this form of procedure may well be employed. R. 1 refers to a case stated by consent of the parties; r. 2 by the Court, on the application of one of the parties. The application under r. 2 should be by a summons to show cause why the facts should not be stated in a special case, and the applicant should have an affidavit showing that no facts are in dispute in the action. The Court of Appeal has decided that an order may be made any time after the defendant has appeared, and even before the delivery of the statement of claim (Metropolitan Board of Works v. The New River Co., L. R. 2 Q. B. 67; 36 For form of case, see The Two Ellens, 41 L. J. Ad. 33.

L. J. Q. B. 183).

L. R. 3 Ad. 345;

As to special case by registrar after a reference, see ante, O. xxxiii. p. 213.

By R. 9 (April, 1880) the parties may agree to pay a fixed sum according to the decision of the case.

Proceedings to be taken in district registries.

ORDER XXXV.

PROCEEDINGS IN DISTRICT REGISTRIES.

12. Order XXXV., rule 1, of the "Rules of the Supreme Court" is hereby annulled, and the following shall stand in lieu thereof :1. Where an action proceeds in the district registry all proceedings, except where by any of the rules of the Supreme Court it is otherwise provided, or the Court or a judge shall otherwise order, shall be taken in the district registry, down to and including final judgment, and every final judgment and every order for an account by reason of the default of the defendant or by consent shall be entered in the district registry in the proper book, in the same manner as a like judgment or order in an action proceeding in London would be entered in London.

Where an action proceeds in the district registry, final judgment shall be entered in such registry, unless the judge at the trial or the Court or a judge shall otherwise order.

2. Subject to the foregoing rules, where an action proceeds in the district registry the judgment and all such orders therein as require to be entered, except orders made by the district registrar under the authority and jurisdiction vested in him under these rules, shall be entered in London, and an office copy of every judgment and order so entered shall be transmitted to the district registry to be filled with the proceedings in the action.

3. Where an action proceeds in the district registry all writs of Writs of execution for enforcing any judgment or order therein shall issue execution from the district registry, unless the Court or a judge shall otherwise direct. Where final judgment is entered in the district registry costs shall be taxed in such registry unless the Court or judge shall otherwise order.

As to writs of execution, see Oo. xlii., xliii., et seq.

tion of

district

4. Where an action proceeds in a district registry the district Jurisdicregistrar may exercise all such authority and jurisdiction in respect of the action as may be exercised by a judge at chambers, except such registrar. as by these rules a master of the Queen's Bench, Common Pleas, or Exchequer Divisions is precluded from exercising.

As to jurisdiction of registrar at chambers, see post, O. liv.

5. Every application to a district registrar shall be made in the same manner in which applications at chambers are directed to be made by these rules.

See O. liv. r. 1.

6. If any matter appears to the district registrar proper for the References decision of a judge, the registrar may refer the same to a judge, and to judge. the judge may either dispose of the matter or refer the same back to the registrar with such directions as he may think fit.

7. Any person affected by any order or decision of a district regis- Appeal from trar may appeal to a judge. Such appeal may be made notwith- district standing that the order or decision was in respect of a proceeding or registrar. matter as to which the district registrar had jurisdiction only by consent. Such appeal shall be by summons within four days after the decision complained of, or such further time as may be allowed by a judge or the registrar.

8. An appeal from a district registrar shall be no stay of proceedings unless so ordered by a judge or the registrar.

9. Every district registrar and other officer of a district registry shall be subject to the orders and directions of the Court or a judge as fully as any other officer of the Court; and every proceeding in a district registry shall be subject to the control of the Court or a judge, as fully as a like proceeding in London.

11. In any action which would, under the foregoing rules, proceed in the district registry, any defendant may remove the action from the district registry as of right in the cases, and within the times, following:

Where the writ is not specially indorsed, any defendant may

remove the action as of right at any time after appearance and before delivering a defence, and before the expiration of the time for doing so.

As to procedure, see The General Birch, 33 L. T. N. S. 792; 24 W. R. 24, ante, note to O. xii., r. 5.

11a. In an Admiralty action in rem, any person who may have duly intervened and appeared may remove an action from a district registry as of right.

12. Any defendant desirous to remove an action as of right under rule 11 may do so by serving upon the other parties to the action, and delivering to the district registrar, a notice, signed by himself or his solicitor, to the effect that he desires the action to be removed to London, and the action shall be moved accordingly: Provided, that if the Court or a judge shall be satisfied that the defendant giving such notice is a merely formal defendant, or has no substantial cause to interfere in the conduct of the action, such Court or judge may order that the action may proceed in the district registry notwithstanding such notice.

13. In any case not provided for by the last two preceding rules, any party to an action proceeding in a district registry may apply to the Court or a judge, or to the district registrar, for an order to remove the action from the district registry to London; and such Court, judge, or registrar may make an order accordingly, if satisfied that there is sufficient reason for doing so, upon such terms, if any, as shall seem just.

Any party to an action proceeding in London may apply to the Court or a judge for an order to remove the action from London to any district registry; and such Court or judge may make an order accordingly, if satisfied that there is sufficient reason for doing so, upon such terms, if any, as shall seem just.

14. Whenever any proceedings are removed from the district registry to London, the district registrar shall transmit to the proper officer of the High Court of Justice all original documents, if any, filed in the district registry, and a copy of all entries in the books of the district registry of the proceedings in the action.

15. Every district registrar shall account for and pay over to the Treasury all moneys paid into Court at the registry of which he is registrar, in such manner and at such times as may be from time to time directed by the Treasury.

ORDER XXXVI.1

TRIAL.

2. Actions shall be tried and heard either before a judge or judges, or before a judge sitting with assessors, or before a judge and jury, or before an official or special referee, with or without assessors.

As to assessors,

issue by

judge and

An action is always tried in the Admiralty Division by Trial of the judge alone, or assisted by assessors. see J. A. 1873, s. 56, and post, r. 28. The Admiralty Divi- jury. sion possesses no machinery for summoning jurors, but by 3 & 4 Vict. c. 65, ss. 11-16, the Court of Admiralty had power to direct a trial by jury in London, or at the county assizes, of any specified issue. Such power was occasionally but rarely used (see The Harriet, 1 W. Rob. 439, where an issue was directed to try the existence of a custom). Under rr. 27 and 29 of this Order, the judge of the Admiralty Division has a similar power; and, therefore, if it were desired to try an action by a judge and jury, application could be made to the judge under these rules, and the cause, if so tried, would, so far as the particular issue in dispute was concerned, continue under the procedure in use in the other division of the High Court.

As to referees, it would be quite feasible to employ them, 1 The portions of the following rules, which relate to trial by jury, have been omitted, as inapplicable to the practice in the Admiralty Division.

i

Time for notice of trial.

Dismissal of action for want of prosecution.

Ten days' notice of trial.

Notice of trial.

but the registrar's or deputy-registrar's duties are very analogous to those intended of the official referees. As to references to registrar and merchants, see O. xxxiii., p. 210.

3. Subject to the provisions of the following rules, the plaintiff may, with his reply, or at any time after the close of the pleadings, give notice of trial of the action.

4. Subject to the provisions of the following rules, if the plaintiff does not, within six weeks after the close of the pleadings, or within such extended time as a Court or judge may allow, give notice of trial, the defendant may, before notice of trial given by the plaintiff, give notice of trial.

4a. The defendant, instead of giving notice of trial, may apply to the Court or judge to dismiss the action for want of prosecution; and, on the hearing of such application, the Court or a judge may order the action to be dismissed accordingly, or may make such other order, and on such terms, as to the Court or judge may seem just.

This rule is applicable if there is undue delay on the part of the plaintiff; and, if the defendant have a counterclaim in such an action, having obtained the dismissal of the plaintiff's claim, he can move for judgment on his own counter-claim (Aitken v. Dunbar, 46 L. J. Ch. 489).

6. Subject to the provisions of the preceding rules, the Court or a judge may, in any action at any time or from time to time, order that different questions of fact arising therein be tried by different modes of trial, or that one or more questions of fact be tried before the others, and may appoint the place or places for such trial or trials, and in all cases may order that one or more issues of fact be tried before any other or others.

9. Ten days' notice of trial shall be given, unless the party to whom it is given has consented to take short notice of trial; and shall be sufficient in all cases, unless otherwise ordered by the Court or a judge. Short notice of trial shall be four days' notice.

10. Notice of trial shall be given before entering the action for trial.

Notice of trial must be given to the opposite party: as to the time at which notice may be given (ante, r. 3, and as to length of notice, ante, r. 9). Under O. lvii., r. 7, which is specially applicable to Admiralty actions, the