have been superseded, and no others substituted by the County Court Rules, 1875.1 The forms to be used in Admiralty proceedings in the Forms. County Courts depend upon the County Court Rules, 1875.2 SECTION II. The City of London Court. Since the County Courts Act, 1867, the City of London Since 1867, a County Court has been practically a County Court. The rules Court. and orders in force for the time being for regulating the practice of and costs in the County Courts, and forms and proceedings therein, are in force in the City of London Court, to the exclusion of any rules and orders in force in that Court at the time of the passing of the County Courts Acts, 1867.3 The City of London Court, therefore, possesses the Admiralty jurisdiction of a County Court, and all the law relating to the Admiralty jurisdiction of the County Courts applies equally to this Court. limits. The jurisdiction of the City of London Court extends to Its local the districts of the County Court of Essex, holden at Rochford, Brentwood, and Romford; the County Court of Kent, holden at Dartford, Gravesend, Greenwich, and Woolwich; the Southwark County Court of Surrey; the Bow and Whitechapel County Courts of Middlesex; and the City of London Court. No judge, except the judge of the City of London Court, has Admiralty jurisdiction in the City of London. 1 See the table in the County Court Rules, 1875, contrasting the old and new County Court Rules. As to unnecessary expenses, see The Rio Lima, L. R. 4 Ad. 157; 43 L. J. Ad. 4. 2 See County Court Rules, 1875, Forms 243–261. 3 30 & 31 Vict. c. 142, s. 35. 4 The Cargo ex Argos, ante, p. 106, was an appeal from the City of London Court. 5 Order in Council of Jan. 14, 1869. 6 31 & 32 Vict. c. 71, s. 2. I Registra tion of Judgments are registered in the same manner as judg judgments. ments of the County Courts.1 Limits of its jurisdiction. Rules of practice. SECTION III. The Court of Passage at Liverpool. This is an inferior Court, possessing a very ancient jurisdiction over causes of action arising within the Borough of Liverpool. Jurisdiction in Admiralty was first conferred upon it by the County Courts Admiralty Jurisdiction Act, 1868, which gives it the jurisdiction, powers, and authorities of the County Court of Lancashire, holden at Liverpool, as defined by Order in Council. The area of its jurisdiction is not extended by the Act of 1868, nor is it in any way taken away or restricted. The effect of the County Courts Admiralty Jurisdiction Act, 1868, and the Amendment Act, 1869, is to give jurisdiction to the Court in all cases where either the property to which the cause relates is within the jurisdiction, or where the owner of the property resides within the jurisdiction. The law relating to the Admiralty jurisdiction of the County Courts applies, as in the case of the City of London Court, equally to this Court.7 Rules of practice were framed under the powers of the 1 31 & 32 Vict. c. 71, s. 24; County Court Rules, 1875, Ord. xxxvii. r. 51. 2 Laughton v. Taylor, 6 M. & W. 695; 10 L. J. N. S. Ex. 57. 4 Order of Jan. 14, 1869. The local limits of the Admiralty jurisdiction of the Liverpool County Court, as defined by that Order, are the districts of the County Court of Cheshire, holden at Birkenhead and Runcorn, and the County Court of Lancashire, holden at Warrington, St. Helens, Liverpool, and Ormskirk. 31 & 32 Vict. c. 71, s. 25. 6 31 & 32 Vict. c. 71, s. 21. 7 The Dowse and The Alexandria, ante, p. 106, and other decisions, were Court of Passage cases. County Courts Admiralty Jurisdiction Act, 1868.' These rules must now be read subject to the rules framed after the Judicature Acts came into operation. By the last rules the practice of the Court of Passage is to be, mutatis mutandis, the same as that of the High Court.2 Costs depend upon the scale framed in pursuance of the Costs. County Courts Admiralty Jurisdiction Act, 1868.3 SECTION IV. Justices of the Peace. The Admiralty jurisdiction of justices of the peace is Their confined to cases of damage, salvage, and wages. jurisdic tion. Harbours The earliest jurisdiction was that given by the Harbours Under the Clauses Act, 1847, by which two justices have jurisdiction Clauses to determine claims in respect of injury done by any Act, 1847. vessel or float of timber to a harbour, dock, pier, or quay, where the amount claimed for damage does not exceed £50, and to cause the offending vessel to be distrained 4 and kept until the amount of damages and costs awarded by them has been paid.5 Disputes as to amount of salvage arising in the United Salvage. Kingdom (except within the Cinque Ports) are to be 6 referred to the arbitration of any two justices or a stipen- Under the diary magistrate, if the sum claimed' does not exceed 1 31 & 32 Vict. c. 71, ss. 25, 35, confirmed by 32 & 33 Vict. c. 6; General Orders of Feb. 8, 1869. See Appendix. * Rules of Dec. 22, 1876. 3 General Orders of Feb. 8, 1869, Sched. I. The Rules of Dec. 22, 1876, do not contain any provision superseding or altering this scale. • It seems that a distress cannot be levied while the ship is under arrest of the High Court: The Westmoreland, 4 Notes of Cases, 173 (a case of distress for wages, under 17 & 18 Vict. c. 104, ss. 188, 189). 10 & 11 Vict. c. 27, ss. 74, 75; Wear Commissioners v. Adamson, 1 Q. B. D. 546; L. R. 2 App. Cas. 743; 47 L. J. Q. B. D. 193 (H. L.). The Actif, 3 Jur. N. S. 893. 7 The words "sum claimed" mean the sum claimed by the salvor Merchant Act, 1854. Shipping £200. In case of wreck they must be resident at or near the place where such wreck is found; in case of services rendered to any ship or boat, or to the persons, cargo, or apparel belonging thereto, resident at or near the first port or place in the United Kingdom into which such ship or boat is brought after the occurrence of the accident by reason whereof the claim to salvage arises. If the sum exceeds £200, the justices can only have jurisdiction by consent. Their jurisdiction up to £200 is protected by the proviso by which, if a sum not greater than £200 is recovered in a Superior Court, the successful party is deprived of costs, unless the Court certifies that the case is a fit one to to be tried in the Superior Court.2 So exclusive is their jurisdiction up to £200, that an action cannot be brought in a Common Law Court for distribution of salvage; and the High Court has jurisdiction to condemn in damages and costs plaintiffs who arrest and detain a vessel in respect of which a claim might have been proceeded with before justices. In order that the Court may not do So, the arrest must have been made under the bona fide belief that the High Court had jurisdiction. before any legal proceedings are taken: The William and John, Br. & L. 49; 32 L. J. Ad. 102; The Andrew Wilson, Br. & L. 56; 32 L. J. Adm. 104. 1 Timber moored in a river and drifted to sea in consequence of accidental loosening of the fastenings is not wreck within the meaning of ss. 458, 460; Palmer v. Rouse, 3 H. & N. 505; 27 L. J. Ex. 437. 2 17 & 18 Vict. c. 104, s. 460. The intention of s. 460 is that ordinary cases of salvage under £200 should not be brought before the High Court: The Fenix, Swa. 13; The Leda, 2 Jur. N. S. 119. See The Actif, 3 Jur. N. S. 893. The provisions of 17 & 18 Vict. c. 104, as to life salvage, are extended by 24 Vict. c. 10, s. 9, and 25 & 26 Vict. c. 63, s. 59. 3 Atkinson v. Woodhall, 1 H. & C. 170; sub. nom. Atkinson v. Bell, 31 L. J. M. C. 174. 4 But the Court will not do so unless the circumstances show mala fides or crassa negligentia: The Eleonore, Br. & L. 185; 33 L. J. Ad. 19; The Kate, Br. & L. 218; 33 L. J. Ad. 122. Both these cases arose under 25 & 26 Vict. c. 63, s. 49. See infra; but the principle is the same. The justices may decide either by themselves or with the assistance of an assessor, or may refer the matter to a skilled umpire. Unless the time be specially extended by them, the award must be made within fortyeight hours of the reference of the dispute to them, or within forty-eight hours of the appointment of an umpire.2 The costs of the arbitration, including the fees to the assessor or umpire,3 are divided between the parties at the discretion of the umpire. The justices and the umpire have full powers to call for documents and to administer oaths.5 6 Merchant The Merchant Shipping Amendment Act, 1862, has Under the considerably extended the provisions of the Act of 1854. Shipping It enacts: (1) that the provisions of the Act of 1854 are Act, 1862. to extend to all cases in which the value of the property saved does not exceed £1000; (2) that the provisions are to apply whether the salvage service has been rendered within the limits of the United Kingdom or not; (3) that a rota of justices for salvage cases may be appointed; (4) that, when no such rota is appointed, the salvors may name one justice and the owners of the property saved the other; (5) that, if neither party names a justice within a reasonable time, the case may be tried by two or more justices at petty sessions; (6) that a stipendiary magistrate, County Court judge, &c., may exercise the jurisdiction in salvage given to two justices.8 The receiver of wreck for the district may, by consent, appoint a valuer, whose valuation, duly signed and attested, 1 This assessor differs in position and in the scope of his duties from the assessor allowed in cases of shipping casualties. 6 This means the value of the property when first brought into a place of safety: The Stella, L. R. 1 Ad. 340; 36 L. J. Ad. 13. See The Actif, 3 Jur. N. S. 893, for the law under the Act of 1854. 8 25 & 26 Viet. c. 63, s. 49. |