CO129-271 - Governor Sir Robinson - 1896 [1-4] — Page 103

PRELIMINARY ACTS.

53. In an action for damage by collision, each party shall, within one week from an appearance being entered, file a Preliminary Act, sealed up, signed by the party, and containing a statement of the following particulars :---

(1) The names of the ships which came into collision,

and the names of their masters;

(2) The time of the collision;

(3) The place of the collision ;

(4) The direction and force of the wind;

(5) The state of the weather;

(6) The state and force of the tide;

(7) The course and speed of the ship when the other

was first seen;

(8) The lights, if any, carried by her;

9) The distance and bearing of the other ship when

first seen;

(10) The lights, if any, of the other ship which were

first seen;

(11) The lights, if any, of the other ship, other than those first seen, which came into view before the collision;

(12) The measures which were taken, and when, to

avoid the collision;

(13) The parts of each ship which first came into

collision;

(14) What fault or default, if any, is attributed to the

other ship.

PLEADINGS,

54. Every action shall be beard without pleadings, unless the Court shall otherwise order.

55. If an order is made for pleadings, the plaintiff shall, within one week from the date of the order, file his petition, and, within one week from the filing of the petition, the defendant shall file his answer, and within one week from the filing of the answer the plaintiff shall file his reply, if nny; and there shall be no plending beyond the reply, except by permission of the Court.

56. The defendant may, in his answer, plead any 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.

57. Every pleading shall be divided into short paragraphs, numbered consecutively, which shall state concisely the facts on which the party relies; and shall be sigued by the party filing it. Forms of pleadings will be found in the Appendix hereto, No. 21.

58. It shall not be necessary to set out in any pleading the words of any document referred to therein, except, so far as the precise words of the document are material.

59. Either party may apply to the Court to decide forthwith any question of fact or of law raised by any pleading, and the Court shall thereupon make such order as shall seem fit.

60. Any pleading may at any time be amended, either by consent of the partics, or by order of the Court.

SPECIAL CASE.

61. Parties may agree to state the questions at issue for the opinion of the Court in the form of a special case.

62. If it appears to the Court that there is in any action a question of law which it would be convenient to have decided in the first instance, the Court many direct that it shall bo raised in a special cuse or in such other mauner as may seem expedient.

63. Every special case shall be divided into paragraphs, numbered consecutively, and shall state concisely such facts and doenments as may be necessary to enable the Court to decide the question at issue.

64. Every special case shall be signed by the parties, and may be filed by any party.

MOTIONS.

65. A party desiring to obtain an order from the Court shall file a notice of motion with the affidavits, if any, on which he intends to rely,

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