6. The party by or on whose behalf any deposition, affidavit, or A.D. 1875. 7. The party or solicitor who has taken any printed or written 9. The party requiring any such copy, or his solicitor, is to make 11. It shall be stated in a note at the foot of every affidavit filed, on whose behalf it is so filed, and such note shall be printed on every printed copy of an affidavit or set of affidavits, and copied on every office copy and copy furnished to a party. 12. The name and address of the party or solicitor by whom any copy is furnished is to be endorsed thereon in like manner as upon proceedings in Court, and such party or solicitor is to be answerable for the same being a true copy of the original or of an office copy of the original of which it purports to be a copy, as the case may be. 13. The folios of all printed and written office copies, and copies delivered or furnished to a party, shall be numbered consecutively in the margin thereof, and such written copies shall be written in a neat and legible manner on the same paper as in the case of printed copies. 14. In case any party or solicitor who shall be required to furnish any such written copy as aforesaid shall either refuse or, for twenty-four hours from the time when the application for such copy has been made, neglect to furnish the same, the person by whom such application shall be made shall be at liberty to procure an office copy from the office in which the original shall have been filed, and in such case no costs shall be due or payable to the solicitor so making default in respect of the copy or copies so applied for. 15. Where, by any order of the Court (whether of appeal or otherwise) or a Judge, any pleading, evidence, or other document is ordered to be printed, the Court or Judge may order the expense of printing to be borne and allowed, and printed copies to be furnished by and to such parties and upon such terms as shall be thought fit. D D A.D. 1875. Where PART III. THE CONSOLIDATED COUNTY COURT ORDERS AND ORDER XIX. 1. Every order for the payment of money may be enforced in the same manner as a judgment for debt or damages is enforced under section 94 of the County Courts Act, 1846. 1. The Judge may try or partly try the action at any place within action may the Admiralty district of the Court. be tried. Undertak ing by 2. Where application is made to the Judge for the trial or part trial of an Admiralty action at a place in which a County Court does solicitor for not sit, the solicitor shall file a præcipe undertaking to provide at his expense a place to the satisfaction of the Judge in which the action may be tried, and pay the necessary expenses of the Court and officers so attending. expenses. Admiralty. Sittings of 3. The days of the sitting of the Court shall be those appointed the Court in for the transaction of the ordinary general business of the County Court held in the city or town mentioned in the name of the Court, or such other days as the Judge may from time to time appoint for the trying of an Admiralty action where, from the detention of a vessel or otherwise, a prompt determination of the action is desirable. Commencement of action. Notice of commence ment of action to be given to Consul in certain cases. Institution of Action. 4. A solicitor desiring to commence an Admiralty action shall file a præcipe which shall state the nature of the action, the name, address, and description of the party in whose behalf it is instituted, the name of the solicitor, and an address within three miles of the courthouse at which it shall be sufficient to leave all instruments and documents in the action required to be served upon him, and it shall also state the name of the owner or owners or other person against whom the action is instituted, or it shall state that the action is instituted against the vessel or other property to which the action relates. 5. In an Admiralty action for wages against the owners of a foreign vessel, notice of the commencement of the action shall be given to the consul or vice-consul of the state to which the vessel belongs, if there be one resident within the district of the Court, and a copy of the notice shall be annexed to the præcipe. * The orders are inserted only when they relate to Admiralty actions. 6. Immediately upon the filing of the præcipe the registrar shall Summons. issue a summons for service by the solicitor, or, if so required, by the bailiff of the Court. summons. 7. Where the vessel or property to which the action relates is Service of within the district, the summons may be served by delivering it to the person who is at the time of service apparently in charge of the vessel or property, or, if there is no person in charge, by nailing it on the main mast or the single mast of the vessel; and in other cases the summons must be served personally upon the defendant, unless the Judge, or in his absence the registrar, shall upon facts duly verified upon affidavit allow of substituted service. Appearance in Admiralty Actions. 8. A solicitor desiring to enter an appearance in an action shall Appearance. file a præcipe, and thereupon an entry of his appearance shall be made in the Admiralty suits book. 9. The præcipe shall state the name, address, and description of Contents of the party on whose behalf the appearance is entered, the name of the præcipe. solicitor, and an address within three miles of the court-house at which it shall be sufficient to leave all instruments and documents in the action required to be served upon him. Person claiming 10. Any person claiming to have an interest in the vessel or property, whether cognizable by the Court or not, may intervene for the interest may purpose of having the case transferred to the High Court of Justice. intervene. 11. Upon the arrest of any vessel or property an appearance may Appearance be entered the same as upon the service of the summons. on arrest. ing. 12. Where an appearance has been entered the registrar shall upon Notice of application by either plaintiff's or defendant's solicitor give to each day of hearsolicitor in the action, and where no appearance has been entered then to the plaintiff or his solicitor, a notice under the seal of the Court, stating the day upon which the action has been directed by the Judge to be heard. Arrest. be filed. 13. Where, after the commencement of an Admiralty action, it is Affidavit to desired to arrest any vessel or property, the solicitor must file an affidavit stating the facts which render it probable that it will be removed out of the jurisdiction of the Court. 14. In an Admiralty action for necessaries or for wages the When national character of the vessel shall be stated in the affidavit. nationality of vessel to 15. Where upon the filing of such affidavit the registrar, in the be stated. absence of the Judge, is satisfied with the evidence, he may issue a When warwarrant for the arrest and detention of the vessel or property, rant for and where he is not satisfied he may require further evidence to be issue. adduced. arrest may 16. A warrant of arrest may be executed on Sunday, Good Friday, When waror Christmas Day, as well as on any other day. Release of Property. rant for arrest may be executed. 17. Where in an Admiralty action the amount sued for is paid Release on into Court, together with costs, or the security completed, or where no cour into Court. A.D. 1875. the plaintiff's solicitor usually requires it, the registrar shall deliver to the solicitor an order directed to the high bailiff of the Court, authorizing and directing him, upon payment of all costs, charges, and expenses attending the custody of the property, to release it forthwith. Release in salvage action. Transmis ceedings on 18. Notwithstanding the last preceding rule, the property, in an Admiralty action for salvage, shall not be released until its value has been ascertained either by affidavit, by agreement, or by appraisement, save by consent of the plaintiff or his solicitor. Transfer of Action. 19. Where an action is transferred to the High Court of Justice by sion of pro- order thereof, the registrar of the Court, upon the service of the order of transfer, shall send by post the proceedings to the proper officer of such Court.. transfer to High Court. The like on transfer to another Court. Costs in cross action may be refused. First and second actions may be tried together. Proceedings on order against unknown defendant. of unknown 20. Where a Court orders the transfer of an action to the High Court of Justice or to another Court, the registrar shall send by post the order, together with the proceedings, to the registrar of the High Court of Justice or to the Court to which it is transferred. Second or Cross Action. 21. Where it shall appear to the Court that the plaintiff in an Admiralty action (hereafter called the second action), was or is the defendant in an action (hereafter called the first action) in another Court arising out of the same transaction, and that he did not propose to the plaintiff in the first action that by agreement jurisdiction should be given to the Court in which the first action was instituted, to hear and determine the second action, the Judge may refuse the plaintiff in the second action his costs if he shall think fit. 22. Where a second or cross action for damage has been instituted by a defendant in an action for damage, and the second action has been instituted, by agreement or otherwise, in the Court in which the first action was instituted, or has been transferred to the said Court by order of any other Court, the Court may direct that both actions may be tried at the same time and upon the same evidence. 23. Where a judgment or order has been obtained against an unknown defendant, the vessel or property to which the action relates shall not be taken in execution, but it may be arrested and detained under the provisions of section 22 of the County Courts Admiralty Jurisdiction Act, 1868, or kept under arrest, if already arrested. Proceedings 24. Where an order has been obtained in an action against an unon discovery known defendant, and the name of the defendant is subsequently defendant. ascertained, the adverse solicitor may deliver to the registrar a præcipe stating the name, address, and description of the defendant, and thereupon the registrar shall issue to the solicitor, or if required to the bailiff for service, a notice of the judgment or order, stating that if the defendant does not within four clear days from the day of service deliver a præcipe to the registrar applying for a re-hearing of the action, the vessel or property to which the action relates will be sold in execution. 25. The notice shall be served personally upon the defendant, A.D. 1875. unless the Judge, or in his absence the registrar, shall upon facts duly Service of verified upon affidavit allow of substituted service. Execution against Vessel. notice on defendant. tion 26. Where under a warrant of execution a vessel is seized, the Proceedings high bailiff shall, before selling the same, cause an inventory and on execuvaluation thereof to be made by an appraiser, and the vessel shall against a not be sold for less than the appraised value thereof, except by order vessel. of the Court, and 10s. per cent. on the appraised value of the vessel, with reasonable expenses for travelling and maintenance, if the vessel is beyond three miles from registrar's office, shall be allowed to the appraiser. sale to be paid into 27. On the completion of the sale the high bailiff shall pay the Proceeds of proceeds arising therefrom into Court, return the warrant, and file an account of the sale and of his fees thereon, signed by him, together Court. with the certificate of appraisement sigued by the appraiser. 28. On the completion of the purchase the high bailiff shall deliver Delivery up the property to the purchaser, and if required so to do shall execute a bill of sale to him at the expense of the purchaser. Transfer of Sale. of property to pur chaser. of sale. 29. Where the vessel has been arrested or has been seized under a Proceedings warrant of execution, and the sale of the vessel has been ordered to on transfer be transferred to the High Court of Justice, the vessel shall be retained by the high bailiff until the marshal shall, by order of the High Court of Justice, take possession thereof. 30. A solicitor desiring that the sale of any vessel or property Application should be conducted in the High Court of Justice, may at any time for transfer of proceedafter judgment give security to the amount of £10, and deliver to the ings for sale. registrar an application for an order for the transfer of the proceedings for sale to the said Court. to be trans 31. The registrar shall transmit such application to the Judge for Application his order thereon, if the Court be not sitting, and shall in any case mitted to certify on the application that the security for costs has been given. Judge. Notice of Defence, in Collision. actions for 32. Where in actions for damage by collision the defendant intends Notice of to set up as a defence that the vessel was by compulsion of law in defence in the charge of a pilot, he should give notice thereof to the adverse damage by solicitor as soon after the service of summons as may be, and if he collision. shall fail to give such notice the Judge shall, in exercising his discretion as to costs, consider what effect the non-delivery of the notice has had in the action. Tenders. 33. A solicitor desiring to make a tender shall give a notice to Notice of the adverse solicitor of the terms and amount of the tender, and shall proposed pay the amount into Court, and deliver a præcipe. tender. |