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CAP. 4

[Subsidiary]

The Rules of the Supreme Court-Order 75 [1988 Ed.

(2) Where an action is ordered to be tried without pleadings or a summons for directions is directed to be heard by the Registrar the date for trial shall be fixed by the Registrar.

(3) Order 34 shall apply to Admiralty actions subject to the following and any other necessary modifications-

(a) the bundles referred to in rule 3(1) shall include any preliminary acts and any notice given under rule 18(3) or filed under rule 18(4) of this Order, and where trial with one or more assessors has been ordered an additional bundle shall be lodged for the use of each assessor;

(b) "the proper officer" shall mean the chief judicial clerk of

the Registry; and

(c) in an action which has been ordered to be tried with an assessor or assessors the solicitor to the party setting it down must file in the Registry an undertaking to pay the proper fee and expenses of such assessor or assessors.

(4) If all the parties to an action consent, the action may be withdrawn without the leave of the Court at any time before trial by filing in the Registry a written consent to the action being withdrawn signed by all the parties.

Stay of proceedings in collision, etc. actions until security given (O. 75,

r. 27)

27. Where an action in rem, being an action to enforce any such claim as is referred to in rule 2(1)(a), is begun and a cross action in rem arising out of the same collision or other occurrence as the first mentioned action is subsequently begun, or a counterclaim arising out of that occurrence is made in the first mentioned action, then-

(a) if the ship in respect of or against which the first mentioned action is brought has been arrested or security given to prevent her arrest, but

(b) the ship in respect of or against which the cross action is brought or the counterclaim made cannot be arrested and security has not been given to satisfy any judgment given in favour of the party bringing the cross action or making the counterclaim,

the Court may stay proceedings in the first mentioned action until security is given to satisfy any judgment given in favour of that party.

Inspection of ship, etc. (O. 75, r. 28)

28. Without prejudice to its powers under Order 29, rules 2 and 3, and Order 35, rule 8, the Court may, on the application of any party, make an order for the inspection by the assessors (if the action is tried with assessors), or by any party or witness, of any

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