Page:Halsbury Laws of England v1 1907.pdf/322

 Admiralty.

100 Sect.

1.

Actions in rem. EfEect of service of writ in rem.

Judgment

in

default of pleading.

Where default in giving bail after caveat

warrant issued.

Contested

the action is proceeding a commission of appraisement and sale, and have it executed by the Admiralty Marshal or his substitute (g).

204. The service of a writ in rem upon property within the jurisdiction of the Court is notice to all the world of the claim endorsed upon the writ where, therefore, after the service of the writ in rem, but before a warrant of arrest issued in the action had been served, a foreign vessel proceeded against had left the jurisdiction without the

owners appearing, the Court, on the action coming on for hearing as a default cause, pronounced for the plaintiff's claim with costs (r). If the defendant in an action in rem makes default in delivering a defence, the plaintiff may on the expiration of ten days from the delivery of the statement of claim, and on filing an affidavit of nondelivery of a defence, set down the action for judgment by default, and on the action coming on for hearing accordingly, the abovementioned procedure will be applicable (s).

205. Similarly, where a caveat warrant has been entered, if the party on whose behalf the caveat warrant has been entered does not give bail in the sum mentioned in the praecipe for the caveat, or pay the same into the Eegistry, the plaintiff's solicitor may, after the expiration of twelve days from the service of the writ of summons in the suit, or a copy thereof {t), proceed with the action by default, and on filing his proofs in the Eegistry may have the action placed on the list for hearing {w). If the judge is satisfied at the hearing that the claim is well founded, he may pronounce for the amount which appears to him to be due, and enforce payment thereof by attachment against the party on whose behalf the caveat has been entered, and by arrest of the property if it then be or thereafter come within the jurisdiction of the Court {a). 206. The hearing

of contested actions where bail has been put in, paid into Court in lieu of bail, or the property proceeded against left under arrest by the defendant, takes place before one of the two judges of the Admiralty Division in the Koyal Courts in London {h). The day for the hearing is fixed by the Eegistrar on summons on the application of the plaintiff or the defendant, and is arranged, so far as possible, to suit the convenience of the parties and the movements of seafaring witnesses.

actions.

money

Trinity-

207. Where the action is an action of damage or an action of salvage, two of the Elder Brethren of the London Trinity House are summoned, as of course, except when vessels belonging to the Trinity House are concerned, to attend the hearing and give the Court advice on questions of nautical skill and knowledge. In actions other than actions of damage or salvage, or damage to

Masters,

See pp. 89, 92, ante. The NauWc, [1895] P. 121. (s) E. S. C, Ord. 27, r. 11 a; Ord. 13, r. 11. {t) See E. S. C, Ord. 29, r. 14. {w) E. S. C, Ord. 29, r. 16. (a) E. S. 0., Ord. 29, r. 17. (b) A Divisional Court of the Admiralty Division

{q) (r)

may

sit to settle

important

points of law arising in Admiralty actions, see The Arina (1887), 12 P. D. 118 The Collingrove, The Numida (1885), 10 P. D. 158.