Page:Halsbury Laws of England v1 1907.pdf/329

 —

— Part

III.

Practice of the Supreme Court.

107

defences in Admiralty actions not within the exclusive jurisdiction of the Admiralty Court before the Judicature Acts (u) is regulated by the same rules as are applicable to actions in the King's Bench and Chancery Divisions (a) As in actions in rem, so in actions in personam, the plaintiff may, without obtaining leave, deliver his reply within six days after the defence or the last of the defences has been delivered, unless the time is extended by the Court or a judge (6).

Sect.

2.

Actions in per sona m,

.

224.

If in

an Admiralty action in personam carried on in default

of Judgment in

appearance the writ of summons is endorsed for a liquidated demand, f.!?to!iSL the whether specially or otherwise, judgment may be entered Admiralty Registry in default of appearance for the amount of the hquidated amount with interest, without motion or hearing in Court (c). Where there has been default of appearance and there is endorsed on the writ a claim for pecuniary damage which is not liquidated, interlocutory judgment may be entered in the Registry, and the Court or a judge is at liberty to order a statement of claim or particulars to be filed before the assessment of the damages, and that the value and amount of damages or either of them be ascertained in any way which may be directed (d). Where there is default of appearance in an action of salvage in personam, or an action of co-ownership or any similar action, the procedure is the same as in an action in rem {e).

m

225. Where there has been default of pleading by defendants in Admiralty actions in personam substantially the same procedure for obtaining judgment must be followed as is required in similar cases where there has been default of appearance (/). Sect.

3.

Default of pleading,

Transfer of Actions.

226. Actions are sometimes transferred to the Admiralty Division Transfer from the other divisions of the High Court by reason of being actions from another division of connected with ships or in which questions are involved which the High it is convenient to have decided with the assistance of the Trinity Court.

by a reference as

to damages to the Registrar and a transfer is desired it must be made by order, the consent of the President of the division being obtained (h) An order for transfer of an action to the Admiralty Division was Where

Masters,

or

merchants

(g).

If

.

(u) See the Judicature Act, 1873 (36 & 37 Yict. c. 66), s. 34, and R. S. C, Ord. 30, r. 1 (d). («) See title Practice and Peocedure. {h) E. S. a, Ord. 23, rr. 1, 2. {c) E. S. C, Ord. 13, rr. 3, 4 The Madelaine and The Andre Theodore (1904), 93 L. T. 184.

Thus enabling the damages where so ordered to be referred in actions of damage in personam to the Registrar, or the Registrar and one merchant. See {d)

R. b. 0., Ord. 13, rr. 5, 6, 7. see p. Wi^post. (e)

See

p.

As to

references to the Registrar

and merchants,

99, ante.

if) See R. S. {(/)

{h)

C, Ord. 27, rr. 2, 3, 4, 0, 6, 9, 11. See The Medina (1876), 1 P. D. 272. See the Judicature Act, 1873 (36 & 37 Vict.

Jr'RACTICE

AND PROCEDURE,

post.

c.

66),

s.

3a,

and

title

question to be tried

by

jury.