Page:Halsbury Laws of England v1 1907.pdf/353

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.

.

Practice of Other Courts.

Part IV. by a clerk in the high execute warrants (r).

Where

a soHcitor

appear and put in is

sufficient

baihff's office not authorised

131

by the Court

to

i.

County

is

employed and agrees

bail, delivery to

him

to accept service

of the

summons

and

or warrant

Courts in

Ad mira lty,

(s)

is already under the arrest of the High Court, it unnecessary, so long as the vessel remains under such arrest, for the county court officer to incur possession fees by placing a person in possession, and a double set of such fees will not be allowed (0

Where

Sect.

a vessel

Vessel already arrest,

is

A

defendant desiring to enter an appearance must file a Appearance, containing where practicable the name, address, and description of the party, or parties where there are several defendants, appearing, or where not practicable a statement that the ''owners" or the "defendant" are appearing, and where a solicitor is employed, an address for service must be given (u). Any person not named in a summons may intervene in an action Intervening. in rem on filing an affidavit of interest, and if necessary the intervener may apply for a transfer to the High Court A defendant may appear at any time before final judgment (x). Notice of appearance must be given by the defendant to the Notice of plaintiff, and in the case of an intervener to all other parties who appearance, have appeared {a). The same rules apply to appearance upon the arrest of any vessel or property {b).

287.

praecipe

288. Where no appearance has been entered within the time by the summons, if the claim is for salvage or towage and is not for damages or a liquidated sum, the plaintiff may on affidavit limited

Proceedings in default of

^PP^^^^^^^-

down the action for hearing in the ordinary course, or, on application, upon a special day appointed (c). In any other case, the plaintiff may sign final judgment for a liquidated claim or interlocutory judgment for damages to be assessed by the Eegistrar, with costs to be taxed in either case (d). of service set

289. Bail may be taken before the Eegistrar or before a commissioner for oaths who or whose partner is not acting as solicitor for the party on whose behalf the bail is to be taken in every case the sureties must justify, unless the adverse party by notice in writing dispenses with affidavits of justification (e). The bail

(r) (s) it)

The Palomares (1885), 10 P. D. 36. County Court Eules, 1903—1906, Ord. 39, The Rio Lima (1873), L. E. 4 A. & E. 157

32 L. T. 841, 843. {u) Ord. 39, rr.

19—21,

25.

Per form

r.

6



and

Ord. see

of praecipe, see

7, r. 12.

The Turliani

(1874),

County Court Eorms,

No. 374. [w) Ord. 39, Ord. 39,

(a) {h) (c) ((/)

(e)

Ord. Ord. Ord. Ord. Ord.

22.

r.

{x)

r.

26.

39,

r.

24

39,

r.

23.

39,

form 374A



Ord. 54,

rr.

2—4.

36.

r.

39, r.

39,



36

rr.



forms 375, 395, 397. 38; form 377. As to

37,

affidavits of justification, see

p. 90, ante.

K

2

Bail,