(c) Any injunction is sought as to anything to be done within the territorial jurisdiction of the Court. (d) Any person out of the jurisdiction is a necessary or proper party to an action properly brought against some other person duly served within such territorial jurisdiction. 21. Every application for leave to serve a writ of summons, or notice of a writ of summons, on a defendant out of the jurisdiction shall be supported by affidavit, or other evidence, stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country such defendant is or probably may be found, and whether such defendant is a British subject or not, and the grounds upon which the application is made; and no such leave shall be granted unless it shall be made sufficiently to appear to the judge that the case is a proper one for service out of the jurisdiction. 22. Any order giving leave to effect such service, or give such notice, shall limit a time after such service or notice within which such defendant is to enter an appearance, such time to depend on the place or country, where or within which, the writ is to be served or the notice given. 23. When the defendant is neither a British subject nor in British dominions, notice of the writ, and not the writ itself, is to be served upon him. A form of notice will be found in the Appendix hereto, No. 8. 24. Notice in lieu of service shall be given in the manner in which writs of summons are served. APPEARANCE. 25. A party appearing to a writ of summons shall file an appearance at the place directed in the writ (1). 26. A party not appearing within the time limited by the writ may, by consent of the other parties or by permission of the judge, appear at any time on such terms as the judge shall order. (1) The Blakeney, Swa. 428; 5 Jur. N. S. 418. The Seaward, 3 E. C. R. 264. 27. If the party appearing has a set-off or counter-claim against the plaintiff, he may indorse on his appearance a statement of the nature thereof, and of the relief or remedy required, and of the amount, if any, of the set-off or counterclaim. But if in the opinion of the judge such set-off or counter-claim cannot be conveniently disposed of in the action, the judge may order it to be struck out (1). 28. The appearance shall be signed by the party appearing, and shall state his name and address, and an address, to be called an address for service, not more than three miles from the registry, at which it shall be sufficient to leave all documents required to be served upon him. Forms of Appearance and of Indorsement of set-off or counter-claim will be found in the Appendix hereto, Nos. 12 and 13. PARTIES. 29. Any number of persons having interests of the same nature arising out of the same matter may be joined in the same action whether as plaintiffs or as defendants (2). 30. The judge may order any person who is interested in the action, though not named in the writ of summons, to come in either as plaintiff or as defendant. 31. For the purposes of the last preceding rule an underwriter or insurer shall be deemed to be a person interested in the action. 32. The judge may order upon what terms any person shall come in, and what notices and documents, if any, shall be given to and served upon him, and may give such further directions in the matter as to him shall seem fit. CONSOLIDATION OF ACTIONS. 33. Two or more actions in which the questions at issue are substantially the same, or for matters which might properly be combined in one action, may be consolidated by (1) The Ruby, 15 P. D. 139. The Diana, 31 L. T. N. S. 203. order of the judge upon such terms as to him shall seem fit (1). 34. The judge, if he thinks fit, may order several actions to be tried at the same time, and on the same evidence, or the evidence in one action to be used as evidence in another, or may order one of several actions to be tried as a test action, and the other actions to be stayed to abide the result. WARRANTS. 35. In an action in rem, a warrant for the arrest of property may be issued by the registrar at the time of, or at any time after, the issue of the writ of summons, on an affidavit being filed, as prescribed by the following rules. A form of affidavit to lead warrant will be found in the Appendix hereto, No. 14 (2). 36. The affidavit shall state the nature of the claim, and that the aid of the Court is required. 37. The affidavit shall also state (a) In an action for wages, or possession, the national character of the ship, and if the ship is foreign, that notice of the action has been served upon a consular officer of the State to which the ship belongs, if there is one resident in the district within which the ship is at the time of the institution of the suit; and a copy of the notice shall be annexed to the affidavit; (b) In an action for necessaries, the national character of the ship, and that, to the best of the deponent's belief, no owner or part owner of the ship was domiciled within Canada at the time when the necessaries were supplied; (c) In an action for building, equipping, or repairing any ship, the national character of the ship and that at the time of the institution of the action, the ship, or the proceeds thereof, are under the arrest of the Court; (1) The William Hutt, Lush. 25. The Melpomene, L. R. 4 A. & E. 129. (2) The Volant, Br. & Lush. 321. The Cosmopolitan, 9 P. D. 35; Wm. & Br. 386 (ed. 1886). The Margaret Jane, L. R. 2 A. & E. 345. (d) In an action between co-owners relating to the ownership, possession, employment, or earnings of any ship registered in such district, the port at which the ship is registered and the number of shares in the ship owned by the party proceeding. 38. In an action for bottomry, the bottomry bond in original, and, if it is in a foreign language, a translation thereof, shall be produced for the inspection and perusal of the registrar, and a copy of the bond, or of the translation thereof, certified to be correct, shall be annexed to the affidavit (1). 39. The registrar, if he thinks fit, may issue a warrant, although the affidavit does not contain all the prescribed particulars, and, in an action for bottomry, although the bond has not been produced; or he may refuse to issue a warrant without the order of the judge. 40. The warrant shall be prepared in the registry, and shall be signed by the registrar, and issued under the seal of the Court. A form of warrant will be found in the Appendix hereto, No. 15. 41. The warrant shall be served by the marshal, or his officer, in the manner prescribed by these rules for the service of a writ of summons in an action in rem, and thereupon the property shall be deemed to be arrested. 42. The warrant may be served on Sunday, Good Friday, or Christmas Day, or any public holiday, as well as on any other day. 43. The warrant shall be filed by the marshal within one week after service thereof has been completed, with a certificate of service indorsed thereon. 44. The certificate shall state by whom the warrant has been served, and the date and mode of service, and shall be signed by the marshal. A form of certificate of service will be found in the Appendix hereto, No. 16 (2). (1) The Eudora, 4 P. D. 208. (2) The Cella, 13 P. D. 82. BAIL. 45. Whenever bail is required by these rules, it shall be given by filing one or more bailbonds, each of which shall be signed by two sureties, unless the judge shall, on special cause shown, order that one surety shall suffice (1). 46. Every bailbond shall be signed before the registrar, or by his direction before a clerk in the registry, or before a commissioner having authority to take acknowledgements or recognizances of bail in the court, or before a commissioner appointed by the Court, to take bail. Forms of bailbond and commission to take bail will be found in the Appendix hereto, Nos. 17 and 18. 47. The sureties shall justify by affidavit and may attend to sign a bond either separately or together. A form of affidavit of justification will be found in the Appendix hereto, No. 19 (2). 48. The commissioner to take bail and the affidavits of justification shall, with the bailbond, when executed, be returned to the registry by the commissioner. 49. No commissioner shall be entitled to take bail in any action in which he, or any person in partnership with him, is acting as solicitor or agent. 50. Before filing a bailbond, notice of bail shall be served upon the adverse party, and a certificate of such service shall be indorsed on the bond by the party filing it. A form of Notice of Bail will be found in the Appendix hereto, No. 20. 51. If the adverse party is not satisfied with the sufficiency of any surety, he may file a notice of objection to such surety. A form of notice of Objection to Bail will be found in the Appendix hereto, No. 21. 52. Upon such objection being filed with the registrar an appointment may be obtained for its consideration before (1) The Keroula, 11 P. D. 92. The St. Olaf, L. R. 2 A. & E. 360. The Freedom, L. R. 3 A. & E. 495 The Don Ricardo, 5 P. D. 121. (2) The Corner, Br. & Lush. 161. |