Page:Halsbury Laws of England v1 1907.pdf/355

 — Part IV.

.

Peactice of Other Courts.

amounts allowed under the scale of costs in proceedings of a nature (q) A commission or fee paid to a surety to a bail bond, or.

133 like

Sect.

to a

County-

person otherwise giving securit}'- not exceeding in the aggregate one per cent, on the amount of the bail, is also recoverable on taxation (r).

293. At the time

i.

Courts in

Ad miralty.

appearance or within seven days statement give written notice requiring a state- claim, ment of claim, and the plaintiff must within ten days after such notice, or within such further time as the Court allows, deliver a of entering

thereafter, the defendant

statement of claim

of

may

(s).

294. A defendant not requiring a statement of claim may either within ten days after appearance file and deliver his defence or give notice that he does not intend to do so, and thereupon either party may set down the action for hearing (^). In the ordinary course, the defence and set-off or counterclaim (if any) follow ten days after the statement of claim, and the reply six days after the defence (u). Subject to these rules, the Eules of the Supreme Court as to pleadings and amendments of pleadings apply with necessary modifications to pleadings in the county court {x).

Defence,

295. In actions for damage by collision between vessels where Preliminary the amount claimed exceeds £20, a preliminary act, unless otherThe contents of the prewise ordered, is filed by each party (a). liminary act and the rules applicable thereto are the same in the High Court and the county court (b), with the exception that in the county court the plaintiff' must in addition allege what acts of negligence or breaches of navigation rules were committed by the defendant, and the defendant must allege the name of any vessel other than the plaintiff"'s which he alleges caused the collision or damage or with reference to which the persons in charge of the defendant's vessel acted (c). Where preliminary acts are required, the action is tried without pleadings unless the Court otherwise orders (d). In such case, where the defence of compulsory pilotage is raised by either party, the defendant must give notice of the same within the time allowed for delivery of his set-off or counterclaim, and the plaintiff within six days from such delivery (e) 296. Leave to administer interrogatories will not be granted where the information required is substantially covered by the pleadings or preliminary acts unless the Court considers the same necessary (/). County Court Eules, 1903—1906, Ord.

39, r. 48a. Ord. 39, r. 49. (s) Old. 39, r. 27. (0 Ord. 39, r. 28. («) Ord. 39, rr. 29, 30. (.x) Ord. 39, r. 31 and see ante, p. 94, (a) Ord. 39, r. 32. As to obtaining copies of the preliminary acts after the pleadings are closed, see Ord. 39, r. 32 (2). iq)

(?)



((/)

See ante, p. 93 E. S. Ord. 39, r. 32 (1). Ord. 39 r. 32 (3).

(e)

Ibid.

(h) (c)



(J) Ord. 39,

r.

33.

C, Ord.

19,

r.

28.

interrogatones,