458 RULES OF VICE-ADMIRALTY COURTS IN H.B.M. POSSESSIONS ABROAD
WRIT OF SUMMONS
5. Every action shall be commenced by a writ of summons, which before being issued, shall be indorsed with a statement of the nature of the claim, and of the relief or remedy required, and of the amount claimed, if any.
6. In an action for seaman's or master's wages, or for bottomry, or in any action in which the plaintiff desires an account, the indorsement on the writ of summons may include a claim to have an account taken.
7. The writ of summons shall be indorsed with the name and address of the plaintiff, and with 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.
8. The writ of suinmous shall be prepared and indorsed by the plaintiff, and shall be issued under the seal of the Court, and a copy of the writ and of all the indorsements thercon, signed by the plaintiff, shall be left in the registry at the time of sealing the writ.
9. The judge may allow the plaintiff to amend the writ of summons and the indorsements thereon in such manner and on such terms as to the judge shall seem fit
SERVICE OF WRIT OF SUMMONS
10. In an action in rem, the writ of summons shall be served-
(a) Upon ship, or upon cargo, freight, or other property, if the cargo or other property is on board a ship, by attaching the writ for a short time to the mainmast or the single mast, or to some other conspicuous part of the ship, and by leaving a copy of the writs attached thereto.
(b) Upon cargo, freight, or other property, if the cargo or other property is not on board a ship, by attaching the writ for a short time to such cargo or property, and leaving a copy of the writ attached thereto.
(e) Upon freight in the hands of any person, by showing the writ to him and by
leaving with him a copy thereof.
(d) Upon proceeds in Court, by showing writ to the registrar and by leaving
with him a copy thereof.
11. If access cannot be obtained to the property on which it is to be served, the writ may be served by showing it to any person appearing to be in charge of such property, and by leaving with him a copy of the writ.
12. In an action in personam, the writ of summons shall be served by showing it to the defendant, and by leaving with him a copy of the writ.
13. A writ of summons against a firm may be served upon any member of the firm, or upon any person appearing at the time of service to have the management of the business of the firm.
14. A writ of summons against a corporation or a public company may be served in the mode, if any, provided by law for service of any other writ or legal process upon such corporation or company.
15. Where no such provision exists, a writ of summons against a corporation may be served upon the mayor or other head officer, or upon the town clerk, clerk, treasurer, or secretary of the corporation, and a writ of summons against a public company may be served upon the secretary of the company, or may be left at the office of the company.
16. If the person to be served is under disability, or if for any cause personal service cannot, or cannot promptly, be effected, or if in any action, whether in rem or in personam, there is any doubt or difficulty as to the person to be served, or as to the mode of service, the judge may order upon whom, or in what manner service is to be made, or may order notice to be given iu lieu of service.
17. The writ of summons, whether in rem or in personam, may be served by the plaintiff or his agent within six months from the date thereof, and shall, after service, be filed with a certificate of service indorsed thereon.
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