Directory_and_Chronicle_1908 — Page 442

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

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(b.) On one or more bail bonds being filed for the amount claimed, or for the appraised value of the property arrested; and on proof that twenty-four hours' notice of the names and addresses of the sureties has been previously served on the party at whose instance the property has been arrested: (c.) On the application of the party at whose instance the property has been

arrested:

(d.) On a consent in writing being filed signed by the party at whose instance

the property has been arrested:

(e.) On discontinuance or dismissal of the action in which the property has

been arrested.

49. Where property has been arrested for salvage, the release shall not be issued under the foregoing rule, except on discontinuance or dismissal of the action, until the value of the property arrested has been agreed upon between the parties or determined by the judge.

50. The registrar may refuse to issue a release without the order of the judge. 51. The release shall be prepared in the registry, and shall be signed by the registrar; and issued under the seal of the Court.

52. The release shall be served on the Marshal, either personally, or by leaving it at his office, by the party by whom it is taken out.

53. On service of the release and on payment to the Marshal of all fees due to and charges incurred by him in respect of the arrest and custody the property shall be at once released from arrest.

PRELIMINARy Acts

54. 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 statment 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

55. Every action shall be heard without pleadings, unless the judge shall -otherwise order.

56. 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 any; and there shall be no pleading beyond the reply, except by permission of the judge.

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

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