THE HONGKONG GOVERNMENT GAZETTE, 8TH AUGUST, 1896.
15. If the person to be served is under disability, or if for any cause personal service cannot, or cannot promptly, be effected, or if in any action, whether in rem or in per- sonam, there is any doubt or difficulty as to the person to be served, or as to the mode of service, the Court may order upon whom, or in what manner service is to be made, or may order notice to be given in lieu of service.
16. The writ of summons, whether in rem or in per- sonam, may be served by the plaintiff or his agent within six months from the date thereof, and shall, after service, be filed with a certificate of service indorsed thereon.
17. The certificate shall state the date and mode of service, and shall be signed by the person who served the writ. A form of certificate of service will be found in the Appendix hereto, No. 8.
APPEARANCE.
18. A party appearing to a writ of summons shall file an appearance at the place directed in the writ.
19. A party not appearing within the time limited by the writ may, by consent of the other parties or by per- mission of the Court, appear at any time on such terms as the Court shall order.
20. If the party appearing has a set-off or counterclaim against the plaintiff, he may indorse on his appearance a statement of the nature thereof, and of the relief or remedy required, and of the amount, if any, of the set-off or counterclaim. But if in the opinion of the Court such sot-off or counterclaim cannot be conveniently disposed of in the action, the Court may order it to be struck ont.
21. The appearance shall be signed by the party appear- ing, and shall state his name and address, and an address within the Colony to be called an address for service, not more than three miles from the registry, at which it shall be sufficient to leave all documents required to be served upon him.
Forms of Appearance and of Indorsement of set-off or counterclaim will be found in the Appendix hereto, Nos. 9 and 10.
PARTIES.
22. Any number of persons having interests of the same nature arising out of the same matter may be joined in the same action whether as plaintiffs or as defendants.
23. The Court 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 as defendant.
24. For the purposes of the last preceding rule an under- writer or insurer shall be deemed to be a person interested in the action.
25. The Court 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 further directions in the matter as to the Court shall seem fit.
CONSOLIDATION OF ACTIONS,
26. Two or more actions in which the questions at issue are substantially the same, or for matters which might properly be combined in one action, may be consolidated by order of the Court upon such terms as shall seem fit.
27. The Court may in its discretion order several actions to be tried at the same time, and on the same evidence, or the evidence in one action to be used as evidence in another, or may order one of several actions to be tried as a test action, and the other actions to be stayed to abide the result.
WARRANTS,
28. In an action in rem, a warrant for the arrest of property may be issued by the registrar at the time of, or at any time after the issue of the writ of summons, on an affidavit being filed, as prescribed by the following rules, A form of affidavit to lead warrant will be found in the Appendix hereto, No. 11.
29. The affidavit shall state the nature of the claim, and that the aid of the Court is required.
30. (a) In an action for wages, the affidavit shall also state the national character of the ship, and if the ship is foreign, that notice of the action has been served upon a consular officer of the State to which the ship belongs, if there is one resident in the Colony z
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