Page:Halsbury Laws of England v1 1907.pdf/356

 Admiralty.

134 Sect.

1.

County Courts in Admiralty. Setting down.

Default of pleading.

Consolidation.

Admission of liability.

297. The action is set down for hearing on the close of the pleadings, on the application of either party, to come on upon an ordinary day of sitting or on a special day appointed, and the Kegistrar gives notice of such day to both parties (^).

298. In case of default of pleading (including default of filing a preliminary act), the action may be dismissed for want of prosecution (h). 299. The Court may on application by any party on notice to other parties make an order to consolidate actions and give necessary directions (i).

all all

300. The defendant may at any time after appearance, and may at any time after the filing of a counterclaim, admit liability in any action except an action for salvage (k). The admission must be in proper form and signed by the

the plaintiff

by the party in person, attested and notice must be given of the admission to all

solicitor for the party, or signed

by a

solicitor,

parties Tender and payment into Court.

(I).

301. A party relying upon a tender must give notice of tender to the adverse party in proper form and deliver a praecipe with a copy thereof for the opposite party, and pay the amount tendered into Court. The praecipe should state whether the tender is made in respect of the whole or what part of the claim, the amount paid for costs (if any), the fact that liability is denied, and notice of defence on the ground of tender made before action, if either of these is alleged (m). Within twenty-four hours the Kegistrar must send notice of the payment into Court to the adverse party, and within forty-eight hours after the receipt of the notice the adverse party must serve notice accepting or rejecting the tender, failure to do so implying rejection (n).

Acceptance of tender.

302. Where a party accepts a tender (o) of the whole amount claimed he can take the same out of Court, unless the tender was accompanied by a notice of defence on the ground of tender before action brought, and he is entitled to his costs to be taxed and enforced where the tender is made without costs. W^here the payment into Court is made with costs he may accept the sum so paid or tax his costs at his option, but in the latter case, should the amount paid prove less than the amount of the taxed costs, he is

(g)

County Court Eules, 1903—1906, Ord.

39,

r.

35.

Ord. 39, r. 34. (?) See p. 92, ante; Ord. 39, r. 53a. (k) Ord. 39, r. 93. form 390. (1) Ord. 39, rr. 93, 94 (m) Ord. 39, r. 74; form 387. tender in the High Court of Admiralty nevoT" imported a denial of liability see The ChiUonford, [1901] "W. N. 48. The provisions of the rules (73 80) of Ord. 39 as to a denial of liability would seem to refer, not to a tender by act in Court, but to a payment into Court in salvage actions such as can novs^ be made under E. S. C, Ord. 22, r. 1 (see (h)



A

—

p. 96, ante). (n) Ord. 39, rr. 75, (o)

I.e.,



76 forms 388, 389. a payment into Court; see note (m), supra.