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.

Admiralty.

94 Sect.

1.

Actions in rem.

Opening

of

preliminary acts.

Whether any

lights of the other vessel other than first seen into view before the collision. (m) What measures were taken, and when, to avoid collision, (n) The parts of each vessel which first came into contact, (o) What sound signals (if any), and when, were given, (p) What sound signals (if any), and when, were heard from the other vessel (b). (1)

came

183. The preliminary acts may by order of the Court be opened, and the evidence taken thereon, without its being necessary to deliver pleadings, and in such case if either party intends to rely upon the defence of compulsory pilotage, he should give notice in writing to the opposite party within two days from the opening of the preliminary act

In actions of

damage otherwise than by collision.

(c)

184. Although the rule of Court as to preliminary acts applies only to "actions of damage by collision between vessels" {d), the practice of the Court of Admiralty required preliminary acts to be delivered in all actions of damage, and accordingly this practice may still have to be followed and preliminary acts filed in all actions of damage, whether by collision between vessels or otherwise, as for instance in actions of damage by owners of cargo against vessels, or actions of damage arising out of collisions between vessels and piers or telegraph cables {e).

185. Alterations or amendments will not be allowed in the preliminary acts at the instance of the parties who have filed them, but where a question in a preliminary act is insufticiently answered the Court, on the application of the opposite party, may direct the question to be properly answered and the preliminary act to be amended accordingly (/).

Amendment.

Sub-Sect.

8.

Pleadings.

186. A statement of claim should be headed in the same way as a writ of summons with the title of the action, and should also state the date on which the writ was issued ig) More ample and detailed forms are used in practice than those contained in Appendix C, The material sects. 3 and 4, of the Eules of the Supreme Court. facts of the case should be clearly set out in numbered paragraphs, in as succinct a form as possible {h). No particulars of the amount

Statement of claim.

.

(&)

E.

S. (c)

See E. S. C, Ord. 19, C, November, 1900). E. S. C, Ord. 19, r. 28.

r.

28 (R. S. C, 1883; E. S.

C, August, 1898;

Armstrong v. Gaselee (1889), 22 Q. B. D. 250. The See Admiralty Court Eules, 1859, r. 62 E. S. C, Ord. 72, r. 2 Secretary of State for India v. Heiuitt & Co., Ltd. (1888), 6 Asp. M. L. C. 384; The Alexandra, ibid., note. (/) The Miranda (1881), 7 P. D. 185; The Godiva (1886), 11 P. D. 20. {g) See E. S. C, Appendix C, sect. 1. (h) See title Pleading, post, and The Isis (1883), 8 P. D. 227 and, as to the delivery of a further statement of claim, see The Rory (1882), 7 P. D. 117. It is, however, customary for pleaders to embody as part of the statements of claim in collision and salvage actions the statements as to the nature of the plaintiff's claim contained in E. S. C, Appendix C, sect. YL, No. 5, and sect. III., No. 6, [d) {€)







,

respectively.