Directory_and_Chronicle_1912 — Page 494

RULES OF VICE-ADMIRALTY COURTS IN H.B.M. POSSESSIONS ABROAD 465

SHORTHAND WRITER

103. The judge may order the evidence of the witnesses whether examined before the judge, or the registrar, or a commissioner, to be taken down by a shorthand writer, who shall have been previously sworn faithfully to report the evidence, and a transcript of the shorthand writer's notes, certified by him to be correct and approved by the judge, registrar, or commissioner, as the case may be, shall be lodged in or transmitted to the registry as the certified evidence of such witnesses.

PRINTING

104. The judge may order that the whole of the pleadings and written proofs, or any part thereof, shall be printed before the trial; and the printing shall be in such manner and form as the judge shall order.

105. Preliminary Acts, if printed, shall be printed in parallel columns.

ASSESSORS

106. The judge, on the application of any party, or without any such application if he considers that the nature of the case requires it, may appoint one or more assessors to advise the Court upon any matters requiring nautical or other professional knowledge.

107. The fees of the assessors shall be paid in the first instance by the Plaintiff, unless the judge shall otherwise order.

SETTING DOWN FOR TRIAL

108. An action shall be set down for trial by filing a notice of trial.

109. If there has not been any appearance, the Plaintiff may set down the action for trial, on obtaining from the judge leave to proceed ex-parte-

(a.) In an action in personam, or an action against proceeds in Court, after the

expiration of two weeks from the service of the writ of summons;

(b) In an action in rem (not being an action against proceeds in court),

after the expiration of two weeks from the filing of the warrant.

110. If there has been an appearance, either party may set down the action for trial-

(a.) After the expiration of one week from the entry of the appearance, unless an order has been made for pleadings, or an application for such an order is pending;

(b.) If pleadings have been ordered, when the last pleading has been filed, or when the time allowed to the adverse party for filing any pleading has expired without such pleading having been filed.

In collision cases the Preliminary Acts may be opened as soon as the action has been set down for trial.

111. When the writ of summons has been indorsed with a claim to have au account taken, or the liability has been admitted or determined, and the question is simply as to the amount due, the judge may, on the application of either party, fix a time within which the accounts and vouchers, and the proofs in support thereof, shall be filed, and at the expiration of that time either party may have the matter set down for trial.

TRIAL

112. After the action has been set down for trial, the registrar shall send notice to the parties of the day on which it will be tried.

113. At the trial of a contested action the Plaintiff shall in general begin. But if the burden of proof lies on the Defendant, the judge may direct the Defendant to begin.