CO129-271 - Governor Sir Robinson - 1896 [1-4] — Page 101

KAERANAN

Ick

23. The Court may order any person who is interestød in the action, though not named in the writ of summons, te come in either as plaintiff or as defendunt.

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 mutter as to the Court shall seem fit.

CONSOLIDATION OF ACTIONS,

26. Two or more actions in which the questions at issne 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 ovidence in one action to be used as evidenco 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 au affidavit being filed, as prescribed by the following rules. A form of affidavit to lead warrant wili Le found in the Appendix bereto, No. 11.

29. The affidavit shall state the nature of the claim, and that the aid of the Court is required.

30. The affidavit shall also state-

(<) In an action for wages, the national character of the ship, and if the ship is foreign, that notice of the action has been served upon a cousular officer of the State to which the ship belongs, if there is oue resident in the Colony :

(6) 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 Colony at the time when the necessaries were supplied or the work was done:

(e) In an action between co-owners relating to the

ownership, possession, employment, or carnings of any ship registered in the Colony the number of shares in the ship owned by the party proceeding.

31. 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. 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 hand has not been produced; or he may refuse to issue a warrant without an order of the Court.

38. The warrant shall be prepared in the registry, and shall be signed by the registrar, and issued muder the seal of the Court. A form of warrant will be found in the Appendix hereto, No. 12.

34. The warrant shall be served by the bailiff or hia 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. The warrant may be served on Sunday, Good Friday,

or Christmas Day, as well as on any other day.

36. The warrant shall be filed by the bailiff within one week after service thereof has been completed, with a certificate of service indorsed thereon.

37. The certificate shall state by whom the warrant has been served, and the date and mode of service, and shall be signed by the bailiff. A form of certificate of service will be found in the Appendix heruto, No. 13.

100

4

1