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 — Part

III.

.

Practice of the Supreme Court.

81

^^^t. i: (/), and the endorsement so made such one or more of the official forms Actions in ^^m. if none be found applicable, then of such the nature of the case may require {m) other similar concise form as 150. The writ must be sealed by the proper officer of the writ Sealing, and department in the Central Office, or of the district registry where the stamping action is pending, and a signed and completed copy stamped with a stamp of 10s. be left with the officer and filed {n). If the writ has issued out of the Central Office, the plaintiff or his solicitor must, before taking any further step in the action, leave a copy of the writ in the Principal Admiralty Eegistry (o).

or

remedy required

in the action

should be to the effect of as is or are applicable, or,

151. By the practice of the Admiralty Division the owners of a Owners of ^^^^^ ship or cargo may sue as such, and this practice is in no way affected ^^^P by the enabling provisions in the Kules of the Supreme Court (p) ^ch.^^^^^ relating to parties to suits (g), or to the joinder of causes of action (r). But the Court may on the application of the defendant at any period of the action call upon the solicitor whose name is endorsed on the writ to state specifically by name the whole of the parties for

whom

he

is

authorised to appear

Sub-Sect.

2.

(s).

Warrants of Arrest and Caveat Warrants.

152. Having duly procured the issue of the writ, the plaintiff or a defendant who counterclaims, or their respective solicitors, may, even before service of the writ, apply at the Admiralty Eegistry if

Application warrant,

the action is proceeding in London, or in the district registry where the action has been commenced, for a warrant for the arrest of the property against which the action has been brought (t). The application for the warrant is made by filing a praecipe (a) Prsecipe for for a warrant signed by the solicitor, or his clerk, of the party warrant, applying, stamped with a 15s. stamp (b), and bearing date on the day on which the warrant issues (c). The warrant will not be issued until an affidavit by the party Affidavit to applying or his agent has been filed {d), stating in all cases, unless lead warrant.

C, Ord.

2, r. 1; Ord. 3, r. 1; E. S. C, Appendix A, Part III. Admiralty). It would seem that the claims should be claims over which the Court has jurisdiction in rem, and in an action of damage in rem, where it was sought to join a claim in personam against the pilot of one of the ships which came into collision, the Court, assuming it had jurisdiction to join the pilot in an action im rem, refused to make an order for the pilot to be joined, being of opinion that such an order would cause great inconvenience {The Germanic, [1896] P, 84). (w) E. S. C, Ord. 3, r. 3. {n) E. S. C, Ord. 5, rr. 11, 12, 13 Ord. 61, r. 1. Order as to Supreme Court Pees, 1884, Schedule, No. 1. (o) SeeE. S. C, Ord. 5. r. 14. Ord. 18, r. 1 Ord. 48a, r. 1. [p] E. S. C, Ord. 16, r. 1 [q) The Assiinta, [1902] P. 150. (r) The Marechal Sachet, [1896] P. 233. (s) The Whihlmine (1842), 1 W. Eob. 335,337; TAe ^imwe (1871), L. E. 4 P. 0. 8 see also E. S. C, Ord. 7, r. 1. {t) E. S. C, Ord. 5, r. 16. For form see E. S. 0., Appendix A, Parti., No. 17. (a) For form, see E. S. C, Annendix A, Part I., No. 15. {h) Order as to Supreme Court Fees, 1884, Schedule, No. 13. (<) E. S. C, Ord. 67, r. 10. {(1) The nature and date of filing of this affidavit, and every other affidavit or (/)

(Sect.

E. S. VI.,









H.L.— I.

G