Pritchards' Digest of Admiralty And Maritime Law

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1662.
As to notice for renewal of writ of execution, see E. S. 0. 1883, App. B.
No. 21 ; and Ibid. p. 1662.
For attachment and to return writ, see Ord. LII. r. 4, No. 699, and Ibid. pp.
1663, 1664.
As to prcecipe for commission of ap- praisement and sale, see note 643a, p.
1668.
As to notice of appeal, see tit. Appeals, p. 1.
2. Service.
See c. 12, ss. 12, 13, p. 1530; s. 17, p. 1531 ; and c. 39, s. 28, p. 1647.
3. Of Action* 107.2. Where a notice of action is re- quired the notice should not b
...e construed with extreme strictness. As to what is or is not a proper notice of action, see Union Steamship Co. of New Zealand v. Mel- bourne Harbour Commissioners, 5 Asp.
222 ; 53 L. J. P. 0. 59.
1072a. A letter merely stating that damage had been sustained for which the defendants would be held liable, is not a notice of action. Ibid.
See also No. 235, p. 1488.
28. Discontinuance. f 1 . Generally.
1073. The plaintiff may, at any time before receipt of the defendant's defence, or after the receipt thereof before taking any other proceeding in the action (save any interlocutory application), by notice in writing, wholly discontinue his action against all or any of the defendants or withdraw any part or parts of his alleged cause of complaint, and thereupon he shall pay such defendant's costs of the action, or, if the action be not wholly discontinued, the costs occasioned by the matter so withdrawn.


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