C. C. Act, and in such rotation, and subject to such regulations, and shall 1868. Removal of assessors. Remuneration of registrars. Scale of costs. Power to registrars to administer oaths and take evidence. Evidence before registrar Court. receive such fees for his attendance, as general orders shall direct, and for every wilful non-attendance shall be liable, at the discretion of the Court, to a penalty not exceeding five pounds. 16. Every assessor named in such list shall hold his office until a new list of assessors shall have been framed and approved as aforesaid, or until he shall resign his appointment. 17. The registrars of the County Courts shall be remunerated for their duties in Admiralty causes by receiving for their own use such fees as general orders shall direct. 18. A scale of costs and charges in Admiralty causes in the County Courts shall be prescribed by general orders. 19. The registrar of a County Court shall have power to administer oaths in relation to any Admiralty cause in a County Court; and any person who shall wilfully depose or affirm falsely before the registrar in any Admiralty cause shall be deemed to be guilty of perjury, and shall be liable to all the pains and penalties attaching to wilful and corrupt perjury. 20. Evidence taken in any Admiralty cause before the registrar of a County Court, as the Judge of a County Court or general receivable in orders shall direct, shall be received as evidence in any other County Admiralty Court, saving all just exceptions; and the registrar of any County Court shall, for the purpose of the examination of any witnesses within the district of that Court, have all and the like powers and authorities of an examiner of the High Court of Admiralty of England, and evidence taken by him in that capacity shall be received as evidence in the High Court of Admiralty of England, saving all just exceptions. As to proceedings in County Court for commencement of cause. Limitation of arrest. 21. Proceedings in an Admiralty cause shall be commenced- (3.) If for any reason the last foregoing rule is not applicable or (4.) In any case in the County Court or one of the County Courts having Admiralty jurisdiction in which the parties by a memorandum, signed by them or by their attorneys or agents, agree shall have jurisdiction in the cause. 22. In an Admiralty cause in a County Court if evidence be given to the satisfaction of the Judge, or in his absence the registrar of the Court, that it is probable that the vessel or property to which the cause relates will be removed out of the jurisdiction of the Court before the plaintiff's claim is satisfied, it shall be lawful for the said Judge, or in his absence for the registrar, to issue a warrant for the 1868. arrest and detention of the said vessel or property, unless or until C. C. Act, bail to the amount of the claim made in such cause, and to the reasonable costs of the plaintiff in such cause, be entered into and perfected, according to general orders, by or on behalf of the owner of the vessel or property or his agent, or other the defendant in such cause; and, except as in this section expressly provided, there shall be no arrest or detention of a vessel or property in an Admiralty cause in a County Court otherwise than in execution. issue 23. For the execution of any decree or order of a County Court in Power to an Admiralty cause the Court may order, and the registrar on such process. order may seal and issue, and any officer of any County Court may execute, process according to general orders; provided that where under such process a vessel or property would or might be sold, then, if the owner of the vessel or property desires that the sale should be conducted in the High Court of Admiralty instead of in the County Court, he shall be entitled, on security for costs being first given, and subject and according to such other provisions as general orders direct, to obtain an order of the County Court for transfer of the proceedings for sale, with or without (as the Judge of the County Court thinks fit) the transfer of the subsequent proceedings in the cause, to the High Court of Admiralty, which Court shall have jurisdiction and all powers and authorities relating thereto accordingly. tion of decrees and 24. Such decrees and orders of County Courts in Admiralty causes Registra as general orders shall direct, shall be registered with the registrar of County Court judgments in London in such manner as general orders orders. shall direct. 25. The Court of Passage of the borough of Liverpool shall, upon Concurrent an Order in Council being made which shall appoint the County of the Court jurisdiction Court of Lancashire holden at Liverpool to have Admiralty juris- of Passage. diction, have the like jurisdiction, powers, and authorities as by that order are conferred on the said County Court; but nothing herein shall be deemed to enlarge the area over which the jurisdiction of the Court of Passage extends, or to alter the rules and regulations for holding the said Court, or to take away or restrict any jurisdiction, power, or authority already vested in that Court; and fees received in that Court under this Act shall be dealt with as fees received in that Court under its ordinary jurisdiction. Court of 26. An appeal may be made to the High Court of Admiralty of Appeal to England from a final decree or order of a County Court in an Admi- Admiralty. ralty cause, and, by permission of the Judge of the County Court, from any interlocutory decree or order therein, on security for costs being first given, and subject to such other provisions as general orders shall direct. 27. No appeal shall be allowed unless the instrument of appeal is Time for lodged in the registry of the High Court of Admiralty within ten appeal. days from the date of the decree or order appealed from, but the Judge of the High Court of Admiralty of England may, on sufficient cause being shown to his satisfaction for such omission, allow an appeal to be prosecuted, notwithstanding that the instrument of appeal has not been lodged within that time. not to 28. No appeal shall be allowed if, before the decree or order is Agreement made, the parties shall have agreed by a memorandum signed by appeal. C. C. Act, them or by their attorneys or agents, that the decree or order shall 1868. be final; and any such agreement need not be stamped, except in respect of any fee imposed by general orders. As to appeals in Council. 29. There shall be no appeal from a decree or order of the High to the Queen Court of Admiralty of England made on appeal from a County Court, except by express permission of the Judge of the High Court of Admiralty. Costs of appeal. No appeal unless amount exceeds £50. Conduct of Court of 30. On an appeal under this Act, when the appellant is unsuccessful, he shall pay the costs of the appeal, unless the Appellate Court shall otherwise direct. 31. No appeal shall be allowed unless the amount decreed or ordered to be due exceeds the sum of fifty pounds. 32. On an appeal under this Act, the Judge of the High Court of sale, &c., in Admiralty, if it appears to him expedient that any sale decreed or ordered to be made of the vessel or property to which the cause reAdmiralty. lates should be conducted in the High Court of Admiralty instead of in the County Court from which the appeal is brought, may direct the transfer of the proceedings for sale, with or without the transfer of the subsequent proceedings in the cause, to the High Court of Admiralty, which Court shall have jurisdiction, and all powers and authorities relating thereto accordingly. In certain cases causes may be transferred by County Court and Cinque County Practice, &c., to be regulated by general orders. Authority for making general orders. 33. In all cases which shall arise within the jurisdiction of the Cinque Ports as defined by the Act First and Second George the Fourth, chapter seventy-six, section eighteen, causes may be transferred by the County Court and appeals made to the Court of Admiralty of the Cinque Ports in lieu of the High Court of Admiralty; and in the case of appeals the instrument of appeal shall be lodged in the registry of the Cinque Ports, and the same discretion vested in the judge official and commissary of the said Cinque Ports Court as is by this Act vested in the Judge of the High Court of Admiralty. 34. This Act shall be read as one Act with so much of the County Courts Act, 1846, and the Acts amending or extending the same, as is now in force. 35. General orders shall be from time to time made under this Act for the purposes in this Act directed, and for regulating the practice and procedure of the Admiralty jurisdiction of the County Courts, the forms of processes and proceedings therein or issuing therefrom, and the days and places of sittings for Admiralty causes, the duties of the Judges and officers thereof, and the fees to be taken therein. 36. General orders under this Act shall be made by the Lord Chancellor, with the advice and assistance of the Judge of the High Court of Admiralty of England, and, as far as they relate to fees, or to the receipt and expenditure of and accounting for money, with the approval of the Commissioners of her Majesty's Treasury. COUNTY COURTS ADMIRALTY JURISDICTION AMEND MENT ACT, 1869. 32 & 33 VICT. CAP. 51. 1869. Be it enacted by the Queen's most Excellent Majesty, by and with C. C. Act, the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the County Courts Admiralty Juris- Short title. diction Amendment Act, 1869, and shall be read and interpreted as one Act, with the County Courts Admiralty Jurisdiction Act, 1868. 2. Any County Court appointed or to be appointed to have Admi- Extension ralty jurisdiction shall have jurisdiction, and all powers and authori- of jurisdic ties relating thereto, to try and determine the following causes: tion over ships and (1.) As to any claim arising out of any agreement made in relation goods. If parties in respect of (2.) As to any cause in respect of any such claim or claims as amount may County Court. 3. The jurisdiction conferred by this Act and by the County Courts Proceedings Admiralty Jurisdiction Act, 1868, may be exercised either by pro- in rem or in ceedings in rem or by proceedings in personam. personam. of sec. 3 of 4. The third section of the County Courts Admiralty Jurisdiction Amendment Act, 1868, shall extend and apply to all claims for damage to ships, 31 & 32 Vict. whether by collision or otherwise, when the amount claimed does not c. 71. exceed three hundred pounds. pointment 5. In any Admiralty or maritime cause the Judge may, if he think As to apfit, or on the request of either party, be assisted by two mercantile of mercanassessors; and all the provisions of the County Courts Admiralty tile assesJurisdiction Act, 1868, with reference to nautical assessors, shall sors. apply to the appointment, approval, summoning, and remuneration of such mercantile assessors. assessor of make 6. The assessor of the Court of Passage of the borough of Liver- Power of pool shall have power from time to time to make general rules and Court of orders for regulating the practice and procedure of the Admiralty Passage to and maritime jurisdiction in the said Court, and for other purposes general mentioned in section thirty-five of the County Courts Admiralty rules and Jurisdiction Act, 1868; and any general rules and orders already made or hereafter to be made by the said assessor for any of the purposes aforesaid shall be of full force and effect as if the same had been made under this or the aforesaid Act. orders. Commence 7. This Act shall come into operation on the first day of September ment of Act. one thousand eight hundred and sixty-nine. C. C. Act, 1875. THE COUNTY COURTS ACT, 1875. 38 & 39 VICT. CAP. 50. 10. There shall be no appeal from a decree or order of the High Court of Admiralty of England made on appeal from the County Court when such decree or order affirms the judgment of the County Court, except by express permission of the Judge of the High Court of Admiralty. When upon an appeal the High Court of Admiralty alters the judgment of the County Court no leave to appeal to her Majesty in Council shall be necessary. 11. When an Admiralty cause has been heard in the County Court with the assistance of nautical assessors, elder brethren of the Trinity House shall be summoned to assist on the hearing of an appeal by the High Court of Admiralty, if either party shall require the same and the Judge of the High Court shall be of opinion that the assistance of the elder brethren is necessary or desirable. PART III. VICE-ADMIRALTY COURTS ACT, 1863. 26 & 27 VICT. CAP. 24. Vice-Ad. C. 1. This Act may be cited for all purposes as the "Vice-Admiralty Act, 1863. Courts Act, 1863." Short title. Interpretation of terms. Saving the powers of the Admi ralty. Jurisdiction 66 Vice-Admiralty Court" shall mean any of the existing ViceAdmiralty Courts enumerated in the schedule marked A hereto annexed, or any Vice-Admiralty Court which shall hereafter be established in any British possession: Ship" shall include every description of vessel used in navigation not propelled by oars only, whether British or foreign: "Cause" shall include any cause, suit, action or other proceeding instituted in any Vice-Admiralty Court. 66 7. Nothing in this Act contained shall be taken to affect the power of the Admiralty to appoint any Vice-Admiral, or any Judge, registrar, marshal, or other officer of any Vice-Admiralty Court, as heretofore, by warrant from the Admiralty, and by letters patent issued under seal of the High Court of Admiralty of England. 10. The matters in respect of which the Vice-Admiralty Courts shall have jurisdiction are as follow: (1.) Claims for seamen's wages: (2.) Claims for master's wages, and for his disbursements on account of the ship: (3.) Claims in respect of pilotage: (4.) Claims in respect of salvage of any ship, or of life or goods therefrom: (5.) Claims in respect of towage: (6.) Claims for damage done by any ship: |