Service of the cita tion. judge will proceed to determine the cause, and make such order as to him shall seem right. A citation in personam may be served by the plaintiff's solicitor, his clerk, or agent. It is served by showing the original to the defendant and leaving a copy thereof with him. The solicitor, or his clerk, or agent, should indorse a certificate on the citation to the effect that it has been duly served; but the service must be verified by affidavit when required (f). When the personal service of a citation in personam cannot be effected, application may be made to the judge to substitute some other mode of service, or to dispense with the service altogether. (g). Where a party is suing in a damage cause, and a cross cause in personam is instituted, the service of the citation in the cross cause may be made on the solicitor of the party suing in the original cause (h). The citation, within six days from the service thereof, must be filed in the registry by the solicitor taking out the same (i). The usual minute, with a five-shilling stamp affixed, must be filed with the citation. Time with appear. SECTION 2.-Appearance. IF the defendant does not enter an appearance within the in which to time required by the terms of the citation, he becomes liable to pay all costs that may have been incurred by his default; but no proceedings can be taken by the plaintiff to obtain judgment by default for want of appearance until after the (f) Ad. Rules, 157, 172. An affidavit of service must be made in all cases where the plaintiff seeks to obtain judgment against the defendant by default. See post. (g) Ad. Rules, 170. According to the enactment contained in the 20th sect. of The Admiralty Court Act, 1861, it must be made to appear to the judge that reasonable efforts have been made to effect personal service, and that the same has come to the knowledge of the defendant, or that he wilfully evades service of the same. This enactment is similar in terms to the 17th sect. of The Common Law Procedure Act, 1852. See Chitty's Practice, vol. i., 12th ed., p. 202, and the cases there cited. (h) Ad. Rules, 171. And see post, PROCEEDINGS IN CAUSES OF DAMAGE. (i) Ad. Rules, 32. expiration of twelve days from the filing of the citation (k). enter ap An appearance is entered by filing in the registry a præ- How to cipe to enter an appearance. The præcipe must contain the pearance. title and number of the cause; it should state the nature of the cause, the name, address, and description of the plaintiff, the name, address, and description of the defendant, and it must contain an address within three miles of the General Post-office, London, at which it shall be sufficient to leave all documents in the cause (). Before the præcipe is filed in the registry a copy must be served on the adverse solicitor, and a certificate of such service must be indorsed on the back of the præcipe and signed by the defendant's solicitor or his clerk for him (m). A five-shilling stamp must be affixed to the præcipe when it is filed. If it is intended to appear under protest, the appearance under protest may be entered in the same manner as an appearance under protest in an action in rem. SECTION 3.-Proceedings by Default. undefended hearing. 'WHERE no appearance has been entered after the expira- How to tion of twelve days from the filing of the citation, the have an plaintiff may proceed to obtain judgment by default (n). He cause set should file in the registry an affidavit of the service of the down for citation, and such proofs as may be necessary to establish his claim. These documents must be filed with the usual minute. Stamps representing the ordinary fees payable on filing documents must be handed into the registry. In undefended causes it is unnecessary to have the written. proofs printed. At the same time that the plaintiff's solicitor files the proofs he may, in order to have the cause placed in the list for hearing, file a notice in the registry (0). A stamp of 10s. must be affixed to the notice. On the notice (k) Ad. Rules, 38, 33. (1) Ad. Rules, 36. (m) Ad. Rules, 35, 157. (n) Ad. Rules, 33. Judgment for plaintiff. being filed the cause is placed in the list for hearing, and will then come on to be heard in the same way as an undefended cause in rem. The judge, if he is satisfied that the claim is well founded, may pronounce for the amount which appears to him to be due (p). SECTION 4.-Judgment. THE various steps between appearance and judgment in a contested action are common to actions in rem and actions in personam, and will be considered in the following chapters. The proceedings relating to the judgment in actions in personam alone remain to be considered here. Where in an action in personam the Court finds a specific sum to be due to the plaintiff and pronounces a decree to that effect, an order will at once be drawn up directing the defendant to pay the money. The order usually directs the payment to be made on a day named. When the Court in the first instance pronounces simply for the plaintiff's claim, and directs a reference to the registrar and merchants (q) to ascertain the amount, the reference must be proceeded with, and the report filed before the decree can be enforced by monition and attachment (r). Where money has been paid into Court by the defendant, the Court will, on judgment being given for the plaintiff, order it to be paid out to the plaintiff, in the same way as in an action in rem it will order money to be paid out which has been paid into Court in lieu of bail (8). for de When the Court pronounces judgment for the defendant, Judgment the suit is at an end. If in such a case an order is made fendant. condemning the plaintiff in costs, it may be enforced by monition and attachment (t). any monies, costs, charges, or expenses, are by such orders or decrees of the Court of Admiralty directed to be paid. The 17th sect. of the same Act provides that any new writ or other process necessary or expedient for giving effect to any of the provisions of this Act may be issued from the Court of Admiralty in such form as the judge of the said Court shall from time to time di rect. But no form of writ analogous to (s) See supra, p. 228. Mode of CHAPTER III. PLEADINGS. THE modes of pleading formerly used, as well in causes by pleading. act on petition as by plea and proof, are now abolished. There is now but one mode of pleading by petition and answer (a). The plaintiff within twelve days from the entry of an appearance (b) should file his petition. The petition is in the nature of a declaration at common law. Within twelve days from the time when the petition shall have been filed the defendant must file his answer (c). On the answer being filed the plaintiff may, if necessary, file a further pleading, and the defendant in his turn may do the same, and so on until all the matters in the cause are put in issue. The first pleading after the answer is termed the reply: the next the rejoinder; and the following pleadings are termed respectively, the surrejoinder, the replication, the surreplication, the rebutter, and the surrebutter. Six days, after the filing of the answer or any subsequent pleading, are allowed for filing the next pleading. The Court looks with disfavour upon protracted pleadings, and in practice the pleadings seldom extend beyond the reply (d). (a) Ad. Rules, 65, 66. As to the old practice of calling for a personal answer, see post, INTERROGATORIES. (b) As to the proceedings, where an appearance has been entered under protest, see supra, p. 202. (c) Ad. Rules, 68. (d) The forms of pleadings given in the appendix illustrate the system of pleading adopted in the Admiralty Court. It would be out of place here to attempt to consider at length the principles of this system; but it may be convenient to call attention to a few of the rules on the subject laid down in some of the recently reported cases. The petition of the plaintiff should set out all the facts upon which he rests his case. It is important that the facts should be correctly alleged, for the Court adheres to the rule of proceeding secundum allegata et probata, and a |