Page:Halsbury Laws of England v1 1907.pdf/309

 — Pakt

III.

—

Practice of the Supreme Court.

87

where the service has to be proved an affidavit of service The service must be made by the person who served the writ (/). must be made within twelve months of the date of the writ {(/) and if the writ is amended, which in a fit case may be done even after judgment (//), the amended writ must be served in the same way as an original writ (?)• The writ, like writs of summons in other actions, must within cases

,

three days of service be indorsed with a proper service

memorandum

Sect.

1.

Actions in rem.

of

{k).

Sub-Sect.

Appearance hy Defendants.

3.

166. Appearances by defendants in Admiralty actions may be where it is intended to object to the jurisdiction of the Court, under protest (/), and are entered in the Central Office if the action is proceeding in London {m), or in the district registry whence the writ issued if the defendant resides or carries on business in that district or chooses to appear there. Notice of an appearance entered in the Central Office must be sent to the Admiralty Eegistry(0. The owners of the property proceeded against and all persons directly interested therein may appear and defend, without filing an affidavit and showing their interest, at any time before judgment (o). Further, any person not named in the writ may intervene in an Admiralty action iti rem and appear on filing an affidavit showing that he is interested in the res under arrest or in the fund in the registry (jij) Such persons are mortgagees {q), trustees in bankruptcy (r), underwriters who have accepted abandonment (s), persons who have possessory liens (t), or competing maritime liens (a), and generally persons who are plaintiffs in other actions in rem against the same property (b). If a defendant appear at any time after the time limited by the writ for appearance, i.e., eight days from the date of the service of the writ, he is not, unless the Court or a judge otherwise orders, either absolute or,

Entry

of

appearance.

Who may appear.

.

Appearance more than eight days after service of writ.

(7) E. S. C, Ord. 13, r. 12; Ord. 67, if/) E. S. C, Ord. 67, r. 11.

r.

14.

The Dictator, [1894] P. 304. The Cassiopeia (1879), 4 P. D. 188. (k) E. S. C, Ord. 9, r. 15 The Cassiopeia, supra, at p. 190. Seward v. " Vera Cruz " (1884), 10 App. Cas. (0 The Vivar (1876), 2 P. D. 29 (h) (i)





59.

C, Ord. 12, r. 2. E. S. C, Ord. 12, r. 3. Unless the proper course after the appearance under parties to enter into pleadings on protest. (o) See E. S. C, Ord. 12, r. 22. (p) E. S. C, Ord. 13, r. 24. (q) The Regina del Mare (1864), Br. & L. 44 OWen^a, [1894] P. 271. (r) See The Riga (1872), L. E. 3 A. & E. (m) E. S. (n)



(s) ^

m

Underwriters

protest is disposed of on motion the protest has been entered is for the

315, at p. 816:

The Tagus, [1903]J P. ^

516.

who have not accepted an abandonment have been allowed

intervene on giving security for costs, see [t) The Immacolata Concezione (1883), 8 (a)

The Linda Flor (1857), Swa. 309 The Chioggia, [1898] P. 1, at 3;

(J))

'34o,

p.

at p. 355.

to

The Regina del Mare, supra. R D. 34, at p. 36. The Veritas, [1901] P. 304, at p. 308. The Two Miens (1811) L. E. 3A. &E., ,