Service of Writ of Summons.
10. In an action in rem, the writ of summons shall be served--
(a) Upon ship, or upon cargo, freight, or other pro- perty, if the cargo or other property is on board
a ship, by attaching the writ for a short time to the mainmast or the single mast, or to some other conspicuous part of the ship, and by leaving a copy of the writ attached thereto. (b) upon cargo, freight, or other property, if the cargo or other property is not on board a ship, by nitaching the writ for a short time to such cargo or property, and by leaving a copy of the writ attached thereto.
(e) upon freight in the hands of any person, by show- ing the writ to him and by leaving with him a copy thereof.
(d) upon proceeds in court, by showing the writ to the registrar and by leaving with him a copy thereof.
11. If access cannot be obtained to the property on which it is to be served, the writ may be served by showing it to
any person appearing to be in charge of such property, and
by leaving with him a copy of the writ.
12. In an action in personam, the writ of summons shall be served by showing it to the defendant, and by leaving with him a copy of the writ.
13. A writ of summous against a firm may be served upon any member of the firm, or upon any person appearing at the time of service to have the management of the business of the firm.
14. A writ of summons against a corporation or a public company may be served in the mode provided by law for service of any other writ or legal process upon such corpo- ration or company,
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- sonum, 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 lien of service.
16. The writ of summons, whether in rem or in per- sonam, may be served by the plaintiff or bis agent within sir 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 au 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 set-off or counterclaim cannot be conveniently disposed of in the action, the Court may order it to be struck out.
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.
8
99