Page:Halsbury Laws of England v1 1907.pdf/352

.

Admiralty.

130 Sect.

1.

County

may

consent in writing that any county court having Admiralty jurisdiction shall have jurisdiction in that case (g).

Courts in Admiralty.

283. To

institute

an Admiralty action the

plaintiff

praecipe stating the nature of the action, and,

must

file

a

where practicable,

his name, address, and description and the name of the defendant With or vessel or property against whom or which he proceeds. the prsecipe he must file particulars of his claim, with necessary copies. Where a solicitor is employed his name and address for service are necessary in the praecipe, and he must sign the parWlien it is not practicable at the time of filing to ticulars (h). state the name of the plaintiff he may be described as " owner of

Precipe.

the ship or vessel" (i). In an Admiralty action for wages against the owners of a foreign vessel notice of action must be given to the consul or vice-consul of the state to which the ship belongs, if there is one resident within the district of the Court, and a copy of the notice must be annexed to the praecipe (j). Summons.

284. The praecipe and particulars being duly filed, the Kegistrar once enters a plaint and issues a summons, the particulars forming part of the summons (/c). at

Warrant

285. Where

of

arrest.

it

is

shown by evidence on

affidavit

(l)

to the satis-

faction of the judge, or, in his absence, the Kegistrar (m), that it is probable that any vessel or property to which the cause relates will be removed out of the jurisdiction of the Court before the plaintiff's

claim

(or the defendant's counterclaim) is satisfied, the judge, or the Eegistrar, may issue a warrant for the arrest and detention of the vessel or property unless or until bail sufficient to satisfy the claim and costs be entered into and perfected, according to general orders, by the owner, his agent, or other person defendant in the

cause Service of

summons and warrant.

{n)

286. The service of the summons and warrant is effected by the bailiff of the Court where a solicitor is not employed, but otherwise in the same manner as a warrant of arrest is served in the High Court, and if necessary on a Sunday or at nighttime (o) Personal service is necessary upon an agent in England (p) of the owner unless substituted service is allowed upon affidavit (q). A warrant of arrest directed to the high bailiff of a county court and others the bailiffs thereof cannot be served .

County Courts Admiralty Jurisdiction Act, 1868

((/)

s.

21

(31

&

32 Yict.

c.

71),

(4).

(h) County Court Eules, 1903—1906, Ord. 39, rr. 4, 9, form 368. (0 Ord. 39, r. 5. U) Ord. 39, r. 8. {k) Ord. 39, r. 10. For forms of summons, see County Court Forms,

Nos. 370, 371. (0 Ord. 39, r. 11. (m) See Ord. 55, as to interpretation of the term " Court." (n) County Courts Admiralty Jurisdiction Act, 1868 (31 s. 22 Ord. 39, rr. 11—14, form 372. (o) See p. 85, ante; Ord. 39, rr. 15 17. (p) See p. 137, post, (q) Ord. 39, r. 18.

—

&

32 Yict. c

71),