Directory_and_Chronicle_1908 — Page 440

BULES OF VICE-ADMIRALTY COURTS IN H.B.M. POSSESSIONS ABROAD 367

18. The certificate shall state the date and mode of service, and shall be signed by the person who served the writ.

APPEARANCE

19. A party appearing to a writ of summons shall file an appearance at the place directed in the writ.

20. A party not appearing within the time limited by the writ may, by consent of the other parties or by permission of the judge, appear at any time on such terms as the judge shall order.

21. 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 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 rame and 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.

PARTIES

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. 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.

25. For purposes of the last preceding rule an underwriter or insurer shall be deemed to be a person interested in the action.

26. The judge 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 matter as to him shall seem fit.

CONSOLIDATION OF ACTIONS

27. Two or more actions in which the questions at issue nie substantially the same, or for matters which might properly be combined in one action, may be consolidated by order of the jutge upon such terms as to him shall seem fit.

28. The judge, if he thinks fit, may order several actions, to be tried at the same time, and on the same evidence, or the evidence 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.

WARRANTS

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.

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

31. The affidavit shall also state--

(a.) In an action for wages, the national character of the sbip, and if the ship is foreign, that notice of the action has been served upon & consular officer of the State to which the ship belongs, if there is one resident in the Possession:

(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 Possession at the time when the necessaries were supplied or the work was done:

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