182
*
19. 20. A party not appearing within the time limited by the writ may, by consent of the ether parties or by permission of the judge appear at any time in such terms as the judge shall order.
20
21.
21. If the party appearing has a set-off or counterclaim against the Plaintiff, he may indorse on his appearance a state- ment 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 judge such set-off or counterclaim cannot be conveniently disposed of in the action, the judge may order it to be struck out,
22. The appearance shall be signed by the party appearing, and shall state his name anil address, and an address 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. 23. 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.
24 24. The judge 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. 25. 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 N. The judgxoay 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 l shall seem fit.
CONSOLIDATION OF ACTIONS.
26 27. Two or more actions in which the questions at issue are substantially the same, or for patters which might properly be combined in one action, may be consolidated by order of the judge upon such terms as te him shall seem fit.
27
28. The judge, if he thinks, may order several actions to be tried at the same time, and on the same evidence, or the evi- dence 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.
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WARRANTS.
28. 29. 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 30. The affidavit shall state the nature of the claim, und that
the aid of the court is required.
30. 31. The affidavit shall also state-
(a.) In an action for wages, the national character of the ship, and if the ship is foreign, that notice of the action has heen served upon a consular officer of the State to which the ship belongs, if there is one resident in the Pes- Bession
(b.) In an action for necessaries, or for building, equipping, or repairing any ship, the national character of the ship, and that, to the best of the deponent's belief, no owner or part owner of the ship was domiciled in the Pos- sassion at the time when the necessaries were supplied or the work was done:
(c.) In an action between co-owners relating to the owner- ship, possession, employment, or earnings of any ship registered in the Possession, the port of which the ship is registered and the number of shares in the ship owned by the party proceeding.
332. In an action for bottomry, the bottomry bond in original, and, if it is in a foreign language, a translation thereof, shall be produced for the inspection and perusal of the Registrar, and
a copy of the bond, or of the translation thereof, certified to be correct, shall be annexed to the affidavit.
32. 33. The registrar, if he thinks fit, may issue a warrant, although the affidavit does not contain all the prescribed particulars, and, in an action for bottomry, although the bond has not been pro- duced; or he may refuse to issue a warrant without the order of the judge
33. 34. The warrant shall be prepared in the registry, and shall be signed by the registrar, and issued under the seal of the court. A form of warrant will be found in the Appendix hereto, No. 12.
34.35. The warrant shall be served by the Marshal, or his officer in the manner prescribed by these rules for the service of a writ of summons in an action in rem, and thereupon the property shall be deemed to be arrested.
35 36. The warrant may be served on Sunday, Good Friday, or
Christmas Day, as well as on any other day.
36 37. The warrant shall be filed by the Marshal within one week after service thereof has been completed, with a certificate of service indorsed thereon.
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