steamship Pekin, Mr. Haxses appeared for the plaintiffs. Mr. Davsaonp appeared for the defendants, A petition had been filed by the plaintiff and it had been answered by the defendants and the cause is sob down for hearing tomorrow. Mr. Drammond, on behalf of the defendants, now moved, under Rule 55, for eave to file a counter claim, bya cross petition, asking for relief against the plaintiff, and that the original suit and the counter claim be heard together; and, further, that the plaintiff be ordered to give security by deposit to the amount of Tls. 500, at least, to abide by and perform the decision of the Court on the counter claim, and that until such ecourity be given all farther proceedings in the exit be His Lorvsmr read the Rule under which the motion was brought, and pointed out that there was no allegation in th that defendants had sustained damaj the answer it did not appear that but that to'tuo platati fir. Davamtoxp argued that in the answer there was the specific defence set out, that it was the negligence of those on board the jank that caused the collision, and he did not think it was necessary that there should be an legation in the answer that the Pekin had sustained dama, of opinion that to found an applicati Rule 55 it was necess that the defendants wer not only that plaintifis but that taken by his answer to be amended.
Mr, Hagen inquired whether, from what Lordship had said, the motion was not missed; and he thought he ought to have the costs of the day. He contended that Mr, Drummond could not amend the anewer and proceed with the present motion; he must firet amend his wer, and then file another mot ust dismiss the motion with costs; the defendants could of course amend their answer, but there was an end of this motion.
'Mr. Druscoxp then asked to amend the swer, by prefixing the following words to the Sth paragraph, "the said ste sustained damage by reason of the collision,'
Lonpsutr gave the required leave, and the answer was amended accordingly.
13th August, Before G. Frencn, Esq. Chief Judge, and Captain BARcLay, Master of the steamer Mikado, and Mr. E, Braxv, Pilot and Certificated Master, Assessors.
Text read from the printed page and cleaned; old type leaves the occasional error.