Mar. 5.] THE NEW ZEALAND GAZETTE. 419

18. The certificate shall state the date and mode of service, and shall be signed by the person who served the writ. A form of certificate of service will be found in the Appendix hereto, No. 8.

APPEARANCE.

19. A party appearing to a writ of summons shall file an appearance at the place directed in the writ.

20. 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.

21. 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 counter-claim; 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.

22. 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. 9 and 10.

PARTIES.

23. 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.

24. 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.

25. For the purposes of the last preceding rule an underwriter or insurer shall be deemed to be a person interested in the action.

26. 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.

27. 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 order of the Judge upon such terms as to him shall seem fit.

28. 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.

29. 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. 11.

30. The affidavit shall state the nature of the claim, and that the aid of the Court is required.

31. The affidavit shall also state—

(a.) In an action for wages, 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 possession;

(b.) In an action for necessaries, or for building, equipping, or repairing any ship, 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 in the possession at the time when the necessaries were supplied or the work was done;

(c.) In an action between co-owners relating to the ownership, possession, employment, or earnings of any ship registered in the possession, the port at which the ship is registered and the number of shares in the ship owned by the party proceeding.

32. 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.

33. 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.

34. 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. 12.

35. 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.

36. The warrant may be served on Sunday, Good Friday, or Christmas Day, as well as on any other day.

37. The warrant shall be filed by the Marshal within one week after service thereof has been completed, with a certificate of service indorsed thereon.

38. 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. 13.

BAIL.

39. Whenever bail is required by these rules it shall be given by filing one or more bail-bonds, each of which shall be signed by two sureties, unless the Judge shall, on special cause shown, order that one surety shall suffice.

40. Every bail-bond shall be prepared in the registry and shall be signed before the Registrar or, by his direction, before a Clerk in the registry, or before a Commissioner appointed by the Court to take bail. Forms of bail-bond and commission to take bail will be found in the Appendix hereto, Nos. 14 and 15.

41. Sureties may attend to sign a bond either separately or together.

42. If bail is taken before a Commissioner the sureties shall justify by affidavit.

43. The commission to take bail and the affidavits of justification shall be prepared in the registry and issued with the bail-bond, and shall, with the bail-bond, when executed, be returned to the registry by the Commissioner.

44. 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.

45. Before filing a bail-bond 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. 16.

46. If the adverse party is not satisfied with the sufficiency of any surety he may file a notice objecting to such surety, or requiring him to justify, if he has not already done so. Forms of notice to justify, of affidavit of justification, and of notice of objection to bail will be found in the Appendix hereto, Nos. 17, 18, and 19.

RELEASES.

47. A release for property arrested by warrant may be issued by order of the Judge.

48. A release may also be issued by the Registrar, unless there is a caveat outstanding against the release of the property,—

(a.) On payment into Court of the amount claimed, or of the appraised value of the property arrested, or, where cargo is arrested for freight only, of the amount of the freight verified by affidavit;

(b.) On one or more bail-bonds being filed for the amount claimed, or for the appraised value of the property arrested; and on proof that [twenty-four hours’] notice of the names and addresses of the sureties has been previously served on the party at whose instance the property has been arrested;

(c.) On the application of the party at whose instance the property has been arrested;

(d.) On a consent in writing being filed, signed by the party at whose instance the property has been arrested;

(e.) On discontinuance or dismissal of the action in which the property has been arrested.

49. Where property has been arrested for salvage the release shall not be issued under the foregoing rule, except on discontinuance or dismissal of the action, until the value of the property arrested has been agreed upon between the parties, or determined by the Judge.

50. The Registrar may refuse to issue a release without the order of the Judge.

51. The release shall be prepared in the registry, and shall be signed by the Registrar, and issued under the seal of the Court. A form of release will be found in the Appendix hereto, No. 20.

52. The release shall be served on the Marshal, either personally, or by leaving it at his office, by the party by whom it is taken out.

53. On service of the release, and on payment to the Marshal of all fees due to and charges incurred by him in respect of the arrest and custody of the property, the property shall be at once released from arrest.

PRELIMINARY ACTS.

54. In an action for damage by collision each party shall, within one week from an appearance being entered, file a preliminary act, sealed up, signed by the party, and containing a statement of the following particulars:—

(1.) The names of the ships which came into collision, and the names of their masters;