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ACTIONS.
2. Actions abail be of two kinds, actions in rem and actions in personam.
S. Actions for condemnation of any ship, boat, cargo, proceeds, slaves, or effects, or for recovery of any pecuniary forfeiture or penalty, shall be instituted in the name of the Crown.
4. All actions shall be numbered in the order in which they are instituted, and the number given to any action shall be the distinguishing number of the action, and shall be written or printed on all documents in the action as part of the fills thereof. Forms of the title of an action will be found in the Appendix hereto, Nos. 1, 2, and 3.
WRIT OF SUMMONS.
5. Every action shall be commenced by a writ of summons, which, before being issued, shall be indorsed with a statement of the nature of the claim, and of the relief or remedy required, and of the amount claimed, if any Farms of writ of summons and of the indorsements thereon will be found in the Appendix hereto, Nos. 4, 5, 6, and 7.
6. In an action for seaman's or master's wages, or for master's wages and disbursembuts, or for necessaries, or for bottomry, or in any action in which the Plaintiff desires an account, the indorsement on the writ of summons may include a claim to have an account taken.
7. The writ of summons alall be indorsed with the name and address of the Plaintiff, and with an address to be called an address for service, not madre than three miles from the registry, at which it shall be sufficient to leave all documents required to be served upon him.
8. The writ of summons shall be prepared and indorsed by the Plaintiff, and shall be issued under the seal of the court, and A copy of the writ and of all the indorsements thereon, signed
by the Plaintiff, shall be left in the registry at the time of sealing the writ.
9. The judge may allow the Plaintiff to amend the writ of suinmons and the indorsements thereon in such manner and on such terms as to the judge shall seem fit.
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 property, if the cargo or other property is on board a ship, by attaching the writ for a short time to the mainraast or the single mast, or to some other conspinous part of the ship, and by leaving a copy of the writ attached thereto,
Such writ shall be tested in the manu
The Chief Juvelice and shall bear dat the day whereon the same shall bef quet 'out
within the Colony f
(b) upon cargo, freight, or other property, if the cargo or other property is not on hoard a ship, by attaching 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 showing
the writ to lim and by leaving with him a copy thereof.
(d) upon proceeds in court, by showing the writ to the regis
trar 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 summons 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 com- pany may he served in the mode, if any, provided by law for service of any other writ or legal process upon such corporation
or company.
15. Whore no-much provision-existe, a writ of summons against a corporation may be served upon the mayor or other head-offieer, or upon the tova clerk, clerk, treasurer, or secretary of the corpore- tion, and a writ of summons against a public company may be served upon the secretary of the company, or may be loft at the office of the company.
46. If the person to be served ia under disability, or if for any cause personal service cannot, or cannot promptly, be effected, or if in any action, whether in res or in personam, there is any doubt or difficulty as to the person to be served, or as to the mode of service, the judge may order upon whom, or in what manner service is to be made, or may order notice to be given in lieu of servico.
/. 17. The writ of summons, whether in rom or in personam, 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.
18. The certificate sball state the date and mods 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. 19. A party appearing to a writ of summons shall file au
appearance at the place directed in the writ.
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وسلمة
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