him. Twenty-four hours' notice of such appointment shall be given to the plaintiff unless the judge for special reasons allows a shorter notice to be given; and, on the return of the appointment, the registrar may hear the parties and any evidence they may adduce regarding the sufficiency of the sureties; and he may direct such sureties to submit themselves to cross-examination on their affidavits of justification; and he may allow or disallow the bond. He may adjourn the appointment from time to time if he thinks necessary, and shall himself make such inquiries respecting the sureties as he thinks fit. RELEASES. 53. A release for property arrested by warrant may be issued by order of the judge. 54. 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 bailbonds being filed for the amount claimed, or for the appraised value of the property arrested, and on the allowance of the same if objected to; or if not objected to, 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. 55. 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. 56. The registrar may refuse to issue a release without the order of the judge. 57. 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. 22. 58. 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. 59. 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. 60. 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): (1) The names of the ships which came into collision, and the names of their masters; (2) The time of the collision; (3) The place of the collision; (4) The direction and force of the wind; (5) The state of the weather; (6) The state and force of the tide, or, if the collision. occurred in non-tidal waters, of the current; (7) The course and speed of the ship when the other was first seen; (8) The lights, if any, carried by her; (9) The distance and bearing of the other ship when first seen; (1) The Vortigern, Swa. 518. The John Boyne, 36 L. T. N. S. 29. The Miranda, 7 P. D. 185. The Godiva, 11 P. D. 20; see ante, p. 103. (10) The lights, if any, of the other ship which were first seen; (11) The lights, if any, of the other ship, other than those first seen, which came into view before the collision; (12) The measures which were taken, and when, to avoid the collision; (13) The parts of each ship which first came into collision; (14) What fault or default, if any, is attributed to the other ship (1). PLEADINGS. 61. Every action shall be heard without pleadings, unless the judge shall otherwise order. 62. If an order is made for pleadings, the plaintiff shall, within one week from the date of the order, file his statement of claim, and, within one week from the filing of the statement of claim, the defendant shall file his statement of defence, and within one week from the filing of the statement of defence the plaintiff shall file his reply, if any; and there shall be no pleading beyond the reply, except by permission of the judge (2). 63. The defendant may, in his statement of defence, plead any 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. 64. Every pleading shall be divided into short paragraphs, numbered consecutively, which shall state concisely the facts on which the party relies; and shall be signed by the party filing it. Forms of pleadings will be found in the Appendix hereto, No. 23. 65. It shall not be necessary to set out in any pleading the words of any document referred to therein, except so far as the precise words of the document are material. 66. Either party may apply to the judge to decide forthwith any question of fact or of law raised by any pleading, (1) Sub-section 14 is new. (2) The North American, Swa. 359. The Marpesia, L. R. 4 P. C. 212. The Isis, 8 P. D. 227. and the judge shall thereupon make such order as to him shall seem fit. 67. Any pleading may at any time be amended, either by consent of the parties, or by order of the judge. INTERROGATORIES. 68. At any time before the action is set down for hearing any party, desirous of obtaining the answers of the adverse party on any matters material to the issue, may apply to the judge for leave to administer interrogatories to the adverse party to be answered on oath, and the judge may direct within what time and in what way they shall be answered, whether by affidavit or by oral examination. 69. The judge may order any interrogatory that he considers objectionable to be amended or struck out; and if the party interrogated omits to answer or answers insufficiently, the judge may order him to answer, or to answer further, and either by affidavit or by oral examination. Forms of interrogatories and of answers will be found in the Appendix hereto, Nos. 24 and 25 (1). DISCOVERY AND INSPECTION. 70. The judge may order any party to an action to make discovery, on oath, of all documents which are in his possession or power relating to any matter in question therein. 71. The affidavit of discovery shall specify which, if any, of the documents therein mentioned the party objects to produce. A form of affidavit of discovery will be found in the Appendix hereto, No. 26. 72. Any party to an action may file a notice to any other party to produce, for inspection or transcription, any document in his possession or power relating to any matter in question in the action. A form of notice to produce will be found in the Appendix hereto, No. 27. 73. If the party served with notice to produce omits or refuses to do so within the time specified in the notice, the (1) The Isle of Cyprus, 15 P. D. 134. adverse party may apply to the judge for an order to produce. ADMISSION OF DOCUMENTS AND FACTS. 74. Any party may file a notice to any other party to admit any document or fact (saving all just exceptions), and a party not admitting it after such notice shall be liable for the costs of proving the document or fact, whatever the result of the action may be, unless the taxing officer is of opinion that there was sufficient reason for not admitting it. Forms of notice to admit will be found in the Appendix hereto, Nos. 28 and 29. 75. No costs of proving any document shall be allowed, unless notice to admit shall have been previously given, or the taxing officer shall be of opinion that the omission to give such notice was reasonable and proper. SPECIAL CASE. 76. Parties may agree to state the questions at issue for the opinion of the judge in the form of a special case. 77. If it appears to the judge that there is in any action a question of law which it would be convenient to have decided in the first instance, he may direct that it shall be raised in a special case or in such other manner as he may deem expedient. 78. Every special case shall be divided into paragraphs, numbered consecutively, and shall state concisely such facts and documents as may be necessary to enable the judge to decide the question at issue. 79. Every special case shall be signed by parties, and may be filed by any party. MOTIONS. 80. A party desiring to obtain an order from the judge shall file a notice of motion with the affidavits, if any, on which he intends to rely. 81. The notice of motion shall state the nature of the order desired, the day on which the motion is to be made, |