Page:Halsbury Laws of England v1 1907.pdf/302

 — 80

Admiealty.

Part Sect.

III.

—

Practice

of the

Sect.

Actions in

1.

Actions in

rem '

Issue of writ,

Sub-Sect.

1. I.

— Writ

148. An Admiralty action summons in rem, prepared, as

in

of

Supreme Court. Rem.

Summons

rem

is

in Rem..

commenced by

a writ of

in other actions, by the plaintiff or in use for printing the proceedings

his solicitor {a) on the paper in the Supreme Court of Judicature {h). The writ may be either written or printed or partly printed (c), and must be issued {d) out of the Central Office, Eoyal Courts of Justice, London, if it is intended that the action should proceed in London (e), or in other cases out of that one of the district registries of the High Court of

which

Justice in

desired to institute the action (/). There are one for issue out of the Central Office, and the other for issue out of a district registry, and these must be followed with such variations as circumstances may require {g).

two forms

Form

of writ.

it is

of the writ,

149. The form of the writ to be issued in London is headed " Writ Summons, Admiralty action in rem," and is directed, not to any defendants by name, but, except in cases where the circumstances require a variation (/<), to "the owners and parties interested in " the property proceeded against (?). As a writ must specify the division of the High Court to which it is intended that the action should be assigned, and as Admiralty actions in rem are invariably in practice assigned to the Admiralty Division, the writ should be entitled In the High Court of Justice, Probate, Divorce, and Admiralty Division (Admiralty)," and should state that an appearance is to be entered in that Division to the suit of the plaintiff. In other respects than those above noted the body of the writ is the same as the body of of

a writ of

Court

ij).

summons

in

The form

an action in any other Division of the High an Admiralty action in rem for

of the writ in

similar to that issued out of the it is headed " Writ in " Admiralty action for issue from district registry (/c). Endorsement. Before being issued the writ must be endorsed, as in other actions, with a statement of the nature of the claim made, and of the relief issue out of a district registry

Central Office,

(ai [h] (c)

E. S. C, Ord. o, r. 10. E. S. C, Ord. 66, r. 3. E. S. C, Ord. 0, r. 10.

{d) E. S.

is

with the exception that

C, Ord. C, Ord.

-

5, r. 11.

E. S. 5, r. 1. (/) E. S. C, Ord. 5, r. 2. As to the Central Office, Eoyal Courts of Justice, and the district registries, here referred to, see title Practice and Proceduee. E. S. C, Ord. 2, r. 7 and see E. S. C, Appendix A, forms 11, 12. ((/) (h) As in co-ownership actions where the writ is directed to particular (e)



persons.

The provision of the Public Authorities Protection Act, 1893(56 & 57 Vict, requiring any action against certain persons acting in execution of public duties to be brought within six months of the act or default complained of, does not apply to an action in rem [The Burns, [1907] P. 137); see title Action, p. 26, ante. If) See title Practice and Procedure. (k) It would, however, seem to be convenient that the heading of the writ (?)

c. 61),

should state that

it is

a writ in rem.