3342

THE NEW ZEALAND GAZETTE.

[No. 93

13. Service of a writ in a cause instituted as in Rule 6 mentioned,
    shall be effected by the writ being filed in the Registry by the captor,
    and notice of the institution of the cause shall be given in such
    manner as the Judge may direct.

14. In a cause instituted as in Rule 7 and Rule 8 mentioned, the
    writ shall be served on the captors.

15. If it is made to appear to the Judge that service in the manner
    prescribed by these Rules is impracticable, the Judge may make such
    order for substituted or other service, or for the substitution for
    service of notice by advertisement or otherwise as may seem just.
    Every application for substituted service or for the substitution of
    notice for service shall be supported by an affidavit setting forth the
    grounds upon which the application is made.

(d.) SERVICE OUT OF THE JURISDICTION.

16. Service of a writ may, by leave of the Judge, be allowed out
    of the jurisdiction.

17. Application for leave to serve a writ out of the jurisdiction
    shall be upon affidavit, stating that in the belief of the deponent the
    applicant has good cause for proceeding, and showing in what place
    or country the person or ship to be served is or probably may be
    found, and the grounds upon which the application is made.

18. An order giving leave to effect service out of the jurisdiction
    shall limit a time after such service within which an appearance shall
    be entered.

19. Where the person to be served out of the jurisdiction is not a
    British subject, or the ship is not the property of a British subject,
    notice of the writ and not the writ itself shall be served. Notice in
    lieu of service shall be served in the manner in which a notice of a writ
    of summons is served according to the procedure for the time being in
    force in the High Court. A form of notice in lieu of service will be
    found in Appendix A, No. 7.

20. Where under the practice of the High Court notice of a writ
    is served through the diplomatic channel, the notice shall, if the writ
    is issued by the High Court, be transmitted to the Secretary of State
    for Foreign Affairs in accordance with such practice, and, if the writ
    is issued by a Prize Court in a British possession, be transmitted
    through the chief executive authority to the Secretary of State for
    the Colonies, with a request for the further transmission of the same
    to the Government of the country in which service is to be effected.

(e.) GENERAL.

21. A writ for condemnation and the fact of service thereof shall
    be advertised by the Registrar forthwith in one or more of such news-
    papers and on one or more occasions as he shall think proper.

22. Where a writ is issued on the application of an alien enemy
    an affidavit shortly stating the grounds of the claim must be filed in
    the Registry before the writ is issued.

23. Where a writ is issued in respect of a ship purporting to be
    neutral, notice of the institution of the cause shall be sent by the
    Registrar to the Consul of the State to which the ship purports to
    belong.

ORDER III.

APPEARANCE AND CLAIM.

1. Any person, desiring to enter an appearance in a cause, shall
   enter an appearance (Appendix A, Form No. 8) in the Registry within
   eight days after service of the writ, or may by leave of the Court do so
   at any time before final adjudication. He shall thereupon become a
   party to the cause.

2. A person, on entering an appearance, shall give notice thereof
   to the party issuing the writ.

3. Where a person has no usual residence or place of business
   within the jurisdiction, appearance may be entered for him by the
   master of the ship or by an agent duly authorized.

4. A party who has entered an appearance may make a claim
   in one of the forms marked No. 9 (i) to (vii) in Appendix A, with
   such variations as the circumstances may require.