Page:Halsbury Laws of England v1 1907.pdf/315

 — Part

—— Peactice of the Sltpkeme Court.

III.

93

and cross actions of damage and wages The application also frequently consolidated. in either case should be made as soon as possible after the writs are The conduct of the consolidated salvage actions is usually issued. given to the principal salvor. Where cross actions of damage are

same property mid other actions are

the

consolidated the conduct

is

usually given to that party whose writ

Sect.

i.

Actions in rem.

is

first issued.

may

be ordered by the Court in its discretion Consolidation and notwithstanding the objection of the ^^gg^^^^^ and if it becomes expedient after judgment has been parties parties (r) delivered to sever the consolidation, the Court will make an order and severing consolidation, to that effect, and thereupon the actions will proceed separately as

180. Consolidation

without

the

consent



originally instituted

(s).

181. If an order for consolidation of salvage actions contains a Order for direction that a party may be represented at the hearing by separate ^ppg^J by counsel, this does not preclude the Court from directing at the separate hearing how the costs of and incident to the attendance of separate counsel,

counsel shall be borne Sub-Sect.

(t).

7.

Preliminary Acts in Damage Actions.

182. In any action of damage by collision between vessels, unless Filing the Court or a judge otherwise orders, the solicitor for the plaintiff acts^"^^^^^^ must within seven days after the commencement of the action, and the solicitor for the defendant must within seven days after appearance and before any pleading is delivered, file in the Admiralty Registry or the district registry where the action is proceeding a Preliminary Act, which must be sealed up and not opened until {a) the pleadings are completed and a consent that the Preliminary Acts shall be opened, signed by the respective solicitors, is filed in the Admiralty Registry. Each preliminary act must contain a statement of the following Contents, particulars

names (b) (c)

(d) (e) (f)

(g)



The names

(a)

of the vessels

which came into

collision

and the

of their masters.

The time of the collision. The place of the collision. The direction and force of the wind. The state of the weather. The state and force of the tide. The course and speed of the vessel when the other was

first

seen. (h) (i)

(k)

iq) (r)

The lights (if any) carried by her. The distance and bearing of the other vessel when first seen, The lights, if any, of the other vessel which were first seen. The Strathgarry, [18951 P. 264. Ibid.

The Helen R. Cooler (1871), L. E. 3 A. & E. 339. The Longford (1881), 6 P. D. 60, 67. (a) For Court fees, see E. S. C, Ord. Order as to Supreme Court 66, r. 8 Fees, 1884, Schedule, No. 35. {s) (^)