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 — Part

III.

—

.

Practice of the Supreme Court.

and other district registries where minute books are kept, the usual minute must be filed with the evidence (/). The time for filing an affidavit may be abridged or enlarged by order (g).

99 Sect.

i.

Actions in rem.

It is usual in actions of damage or salvage for affidavits to be Extract from brought in verifying extracts from the logs of the lighthouses or lighthouse light vessels in the vicinity, showing the state of the weather or the logsdirection of the wind at the time when the collision occurred or the services were rendered, but occasionally the original logs have been produced (li), and affidavits used for these purposes must be filed in

the usual

manner

{i).

Sub-Sect.

12.

Hearing.

203. Default actions, both in cases where there is default in Default appearance and where the defendant has made default in delivering actions, a defence or in paying money into Court in pursuance of his undertaking after the entry of a caveat warrant, are heard by the judge in Court without the assistance of the Trinity Masters, and on written proofs (k). If the Court is asked to give judgment by reason of non- Judgment appearance, twenty-one days must have elapsed from service of the <^efault of writ, and an affidavit of service and certificate of non-appearance and a statement of claim must have been filed (Z). The judge may then pronounce for the claim, with or without a reference to the Admiralty Eegistrar or the Admiralty Eegistrar assisted by merchants {m), and may at the same time order the property to be appraised and sold, with or without previous notice, and the proceeds to be paid into Court, or may make any order he may think just(n). The decree in favour of the plaintiff's claim will be made without prejudice to other claims against the property, and reserving all questions as to the priority of such claims (o), such questions being usually subsequently decided on motion or on a summons for payment out of the amount to which a claimant is entitled. If a reference to assess the amount due is ordered, it will usually be to the Admiralty Eegistrar alone or to the Admiralty Eegistrar assisted by one merchant. A Court fee of £2 must be paid when the action is set down for hearing {p) Where the decree orders the property to be appraised and sold, the solicitor for the plaintiff must take out of the registry in which

(/)

A stamp of 5s. is payable " on every minute on Admiralty actions pursuant

C, Order 56, rule 8, for every instrument or document to which the minute relates (other than an exhibit or any instrument or document previously issued from the registry or the marshal's office), unless otherwise provided " (Order as to Supreme Court Fees, 1884, Schedule, No. 35). to E. S.

E. S. C, Ord. 64, r. 9. See The Maria das Bores (1863), Br. & L. 27. As to coastguard logs, see The Catherina Maria (1866), L. E. 1 A. & E. 53. (i) See note (d),T,. 81, supr^a. {k) E. S. C, Ord. 37, r. 2. {I) E. S. C, Ord. 13, r. 12 a. (m) The Court fee payable on the judgment is £1. See Order as to Supreme Court Eees, 1884, Schedule, No. 57. (w) E. S. C, Ord. 13, r. 13. (o) The Africano, [1894] P. 141, at p. 150. (p) E. S. C, Order as to Supreme Court Fees, 1884, Schedule, No. 52. (y)

(A)

in