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 — Part

III.

—

Practice of the Supreme Court.

97 Sect

Sub-Sect.

11.

Other InterJocufory Proceedinqs.

.

may be

obtained either by means of the discovery 194. Discovery The appHcation of documents (//), or by means of interrogatories. for an affidavit of documents is generally made by the plaintiff after the statement of claim has been delivered, by the defendant In fit cases, however, disafter the defence has been delivered. covery may be obtained before the above steps have been taken (i). Security for the costs of discovery is not ordered except on special application

1 '

i

Actions in rem. iscovery.

{k).

195. As to interrogatories, they are seldom allowed in actions of damage (/) or of salvage, or in actions generally other than those The rules of practice in the other divisions for damage to cargo. of the High Court {m) as to interrogatories apply in the Admiralty

interroga^o^'i^s.

Division.

196. With regard to all motions which may be required in the Motions, course of the proceedings in Admiralty actions, notice thereof, together with the affidavits (if any) in support, must be filed in the Admiralty Registry three days at least before the hearing of the A copy of the notice motion, unless the time is shortened by leave. of motion and the affidavits (if any) should be served on the adverse solicitor before the originals are filed {n). are usually heard before the Judge or Eegistrar Summonses, Every summons must be served two clear days before its return (o), but this time is frequently abridged. Amongst summonses heard by the Judge are those for payment of money out of Court {})), for review of a taxation of costs, for postponement of an action in the list for hearing, for transfer of an action from a county court, for removal of an action from or to another Division of the High Court, and for leave to serve a writ out of the jurisdiction (q). All summonses are sealed in the Admiralty Kegistry if the action Sealing and is a London action, and a filed copy stamped with a stamp of 3s. ^^^^Smust be left there (r).

197.

Summonses

or Assistant Eegistrar.

198. The examination of one or more witnesses before the Examination witnesses. hearing of an action is frequently necessary owing to the exigencies E. S.C., Ord. 31, r. 12. See The Loch Maree, cited in Eoscoe, Admiralty Practice (3rd ed.), p. 340; Vnion Bank of London v. Manhij (1879), 13 Ch. D. 239. {k) R. S. C, Ord. 31, r. 26. [l) This is so especially in actions of damage by reason that the preliminary acts many cases afford the information which would otherwise be furnished by interrogatories. See The Radnorshire (1880), 5 P. D. 172 The Lsle of Cyprus (h) {i)

m



(1890), 15 P.

D. 134.

Discovery, Ii^spection, and Ij^tereogatories. R. S. C, Ord. 52, r. 10. For stamps, see Order as to Supreme Court Pees, 1884, Schedule, No. 52 and No. 35. (o) E. S. C, Ord. 54, r. 4 e. {p) E. S. C, Ord. 22, r. 20. (?) E. S. C, Ord. 54, r. 12. As to the hearing of summonses on appeal from the judge by a Divisional Court of the Admiralty Division, see The CoUingrove, The Numida (1885), 10 P D. 158. (r) Order as to Supreme Court Fees, 1884, Schedule, No. 11. (m) See title

{n)

.

H.L.— I.

H