SERVICE of Writ (within the Jurisdiction) Ord. IX.-continued. Service in admiralty actions "in rem." The warrant of arrest is to be served by the marshal or his substitutes, whether the property to be arrested be situate within the port of London or elsewhere within the jurisdiction of the Court, and the solicitor issuing the writ shall, within six days of the service thereof, file the same in the registry (Ord. 9, r. 9). Service of writ against ship, freight or cargo on board is to be effected by nailing or affixing the original writ for a short time on the mainmast or on the single mast of the vessel, and on taking off the process, leaving a true copy of it nailed or fixed in its place (Ord. 9, r. 10). If the cargo has been landed or transhipped, service of writ to arrest cargo and freight is to effected by placing writ for a short time on cargo, and on taking off the process, by leaving a true copy upon it (Ord. 9, r. 11). If the cargo be in the custody of a person who will not permit access to it, service of the writ may be made upon the custodian. An amended writ must be served as though it had been an original writ (Cassiopeia, 4 P. D. 188). SERVICE of Writ (out of Jurisdiction). Service of a writ, or notice, out of the jurisdiction may be allowed by the Court or a Judge 1. Whenever the whole or any part of the subject-matter of the action is land or stock or other property situate within the jurisdiction, or any act, deed, will or thing affecting such land, stock or property, and 2. Whenever the contract sought to be enforced or rescinded, dissolved, annulled or otherwise affected in any such action, or for the breach SERVICE of Writ (out of Jurisdiction) —continued. whereof damages or other relief are or is demanded, was made or entered into within the jurisdiction, and 3. Whenever there has been a breach within the jurisdiction of any contract wherever made, and 4. Whenever any act or thing sought to be restrained or removed, or for which damages are sought to be recovered, was or is to be done, or is situate within the jurisdiction (Ord. 11, r. 1). The Judge, in the exercise of his discretion, is to regard the value of the property in dispute or sought to be recovered, and the existence of, and costs of proceedings in local courts, if defendant resides in Scotland or Ireland (Ord. 11, r. la). The application for order for leave to serve writ or notice on defendant is to be supported by evidence (by affidavit or otherwise) showing 1. In what place or country the defendant is, or probably may be found. 2. Whether defendant is, or is not, a British subject. 3. The grounds upon which the application is made (Ord. 11, r. 3). The order giving leave is to limit a time after such service or notice within which the defendant is to enter an appearance, such time to depend on the place or country where, or within which, writ is to be served or notice given (Ord. 11, r. 4). Notice in lieu of service is to be given in the manner in which writs are served (Ord. 11, r. 5). In probate actions service of a writ or notice may be allowed out of the jurisdiction by leave of the Court or a Judge (Ord. 11, r. 2). RENEWAL of Writ. No original writ shall be in force for more than 12 months from the day of the date thereof, including the day of such date (Ord. 8, r. 1.) [The months are calendar months, and run from the date of the writ (Re Jones, Eyre v. Cox, W. N. (1877) 38.] If any defendant not served, the plaintiff may before the expiration of the twelve months apply to a Judge, or District Registrar, for leave to renew the writ (Ord. 8, r. 1). Judge or Registrar, if satisfied that reasonable efforts have been made to serve defendant, may order that the original or concurrent writ be renewed for six months from date of such renewal, and so from time to time during the currency of the renewed writ (Ord. 8, r. 1). Writ to be renewed by being marked with a seal bearing date of day, month and year of such renewal (Ord. 8, r. 1). A writ of summons so renewed shall remain in force and be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited, and for all other purposes, from the date of the issuing of the original writ (Ord. 8, r. 1). The production of a writ purporting to be marked with seal of Court, showing the same to have been duly renewed, shall be sufficient evidence of its having been renewed, and of the commencement of an action as of the first date of such renewed writ for all purposes (Ord. 8, r. 2). The application is ex parte to a Master, supported by affidavit showing the efforts which have been made to serve it. APPEARANCE. The defendant is to enter an appearance by delivering to the proper officer a memorandum in writing, and a duplicate memorandum for sealing (Ord. 12, r. 6). If two or more defendants in the same action shall appear by the same solicitor, and at the same time, the names of all the defendants so appearing shall be inserted in one memorandum (Ord. 12, r. 13). The defendant is to give notice of appearance to plaintiff's solicitor the same day (Ord. 12, r. 6). [Notice of appearance must be sent to the address for service within the district; notice of appearance sent to the address for service in London is not sufficient (Smith v. Dobbin, 3 Ex. 338).] The notice of appearance may be given either 1. By notice in writing served in the ordinary way, or 2. By prepaid letter posted on the same day in due course of post (Ord. 12, r. 6). Appearance is to be entered in London, if not otherwise provided (Ord. 12, r. 1); and if in London, at the central office (Ord. 12, r. 1a). In the District Registry, if defendant resides or carries on business in district (Ord. 12, r. 2); and in either London or the Registry, if defendant does not reside or carry on business in the district (Ord. 12, r. 3). If (a) A sole defendant appears, or (b) All the defendants appear, or if (c) All the defendants who appear appear in the District Registry, and the others make default, then, subject to power of removal, the action shall proceed in the District Registry (Ord. 12, r. 4). APPEARANCE-continued. If (a) Defendant appears in London, or (b) Any of the defendants appear in London, the action shall proceed in London. Provided, that the Court or Judge may order the action to proceed in the District Registry if satisfied that the defendant appearing in London is 1. A merely formal defendant, or 2. Has no substantial cause to interfere in the conduct of the action (Ord. 12, r. 5). Time for appearance. A defendant may appear at any time before judgment (Ord. 12, r. 15). If the defendant appear at any time limited for appearance, he must on the same day (a) Give notice thereof to the plaintiff's solicitor, or (b) The plaintiff, if plaintiff sues in person. And he shall not, unless the Court or Judge otherwise orders, be entitled to any further time for delivering his defence, or for any other purpose, than if he had appeared according to the writ (Ord. 12, r. 15). [Undertaking to appear. No service of the writ is required where defendant by his solicitor agrees to accept service and enters an appearance (Ord. 9, r. 1); and a solicitor not entering an appearance in pursuance of his written. undertaking is liable to attachment (Ord. 12, r. 14).] The memorandum of appearance is (a) To be in writing. (b) To bear date on the day of its delivery. (d) Stating that defendant appears in person |