Page:Halsbury Laws of England v1 1907.pdf/317

 —

— — Part

III.

Practice of the Supreme Court.

95

^'b^ct. i. damages claimed should be inserted, as all questions of damages by the Eegistrar, assisted by merchants (i). Actions in rem. The statement of claim should, ^yhere bail has been put in, claim judgment not only against the defendants but also against their bail, and in cases ^Yhere the property is under arrest or the action is against proceeds in Court, it should ask that the Court pronounce for the damages and condemn the defendants and the property, or the proceeds, as the case may be, in damages and in the costs. A statement of claim should be delivered within twelve days from Time for the appearance of the defendant (A;) unless the time is abridged by delivery,

of

are ordinarily assessed

order (/). In default actions a statement of claim has to be filed in the in default actions. registry; this may be done at anytime before the hearing (vi).

187. The principles of pleading applicable to a claim apply equally to a defence (//).

statement of

Defence,

188. The plaintift' may, within six days of the delivery of the Reply, defence which should be done wdthin ten days of the delivery of the statement of claim, unless the time has been abridged or extended or of the delivery of the last of the defences, deliver a reply without, as in actions other than ^Admiralty actions, obtaining an order (o), and the time for delivery of the reply may, as in the case of other pleadings, be extended or abridged by an order of the Court or a judge, or by consent {p).

—

Sub-Sect.

9.

Cross Actions

and Counterclaims.

189. Special provisions apply as to making arrests and giving Cross security where cross actions of damage have been instituted((7). Thus, if in the principal cause the ship of the defendant has been arrested,

actions,

or security has been given by him to answer judgment, and in the cross cause the sliip of the plaintiff (defendant in such cross cause)

cannot be arrested, and security has not been given to answer judgment therein, the proceedings in the principal cause may be suspended until security has been given to answer judgment in the cross cause (?•)• These provisions have been held to apply in favour of defendants setting

190. in

A

up a counterclaim

(s).

defendant in an action in rem may set up a counterclaim Counterclaim {t) ; and the Court has even refused to strike out a fctSn"*^

iiersonam

(0 See p. 117, pos^.

E. (/)

S.

C, Ord.

E.S. C, Ord.

20, r. 3. 64, r. 9.

C, Ord. 13, r. 12 A. (n) The precedents of defence in Admiralty actions in tlie First to the Judicature Act, 1875 (38 39 Yict. c. 77), are seldom of use. general heading of defences, see R. S. C, Appendix D, sect. 1. {m) R. S.

^

&

(o)

(p)

E. S. E. S.

As

Schedule

For the

C, Ord. C, Ord.

23, rr. 1, 2. 64, rr. 7, 8, 9. to the consolidation of cross actions of

damage, see p. 92, ante, Admiralty Court Act, 1861 (24 Yict. c. 10), s. 34. (s) The Neiuhatth (1885), 10 P. D. 33; see also The Rongemont, [1893] P. 275. But the provision of course does not apply if the plaintiff is suing in personam, {t) See The Neiuhattle, supra; The Clutha (1876), 45 L. J. (adm.) 108. {q) (r)