A.D. 1875. Convening justices and assessors and umpire to hear a case of salvage, for each person convened Notices to parties to the inquiry, of time of hearing a Summons and duplicate to each witness, if required To person serving a notice of summons Taking written examination of witnesses, per folio Fair copy of same, per folio ... ... ... ... ... Attending justices and if necessary also assessor and Fees to Witnesses. Seamen and others of same class for each day's full at tendance ... ... ... ... ... For any less time of attendance 0 1 0 0 08 02 008 002 NOTE.-Travelling expenses, such as are fair and moderate and have been actually paid, to be allowed, but the same not to exceed 3d. per mile each way, in going to and returning from the place of meeting; and all witnesses attending before justices and Courts, whose usual place of abode is distant more than five miles from the place of meeting, and who may be necessarily detained there more than one day, to be allowed no greater sum for each night they may be so necessarily detained, than 0 1 0 Fees to Practitioners. If any attorney be employed to conduct the inquiry, &c., But no fee shall be paid to him for more than two days' 1 1 0 APPENDIX III. ADMIRALTY COURT RULES, 1859 (a). PART I. RULES, ORDERS AND REGULATIONS FOR THE HIGH MADE IN PURSUANCE OF THE PROVISIONS OF THE ACTS OF THE 1. In the construction of these rules, orders, and regulations, the following terms shall (if not inconsistent with the context or subjectmatter) have the respective meanings hereinafter assigned to them; that is to say "Judge" shall mean the judge of the High Court of Admiralty of England, or any person lawfully authorized to sit in the said Court as judge. "Registrar" shall mean the registrar of the High Court of Admiralty of England, or any deputy or assistant registrar of the said Court. "Marshal" shall mean the marshal of the High Court of Admiralty of England, or any deputy or assistant marshal of the said Court. "Counsel" shall mean any advocate, serjeant-at-law, or barristerat-law, entitled to plead in the said Court. "Proctor" shall mean any proctor, attorney or solicitor, entitled to practise in the said Court, or the party himself if conducting his cause in person. "Registry" shall mean the registry of the High Court of Admiralty of England. "Cause" shall mean any suit, action, appeal from award of justices, or other proceeding instituted in the said Court. "Name" of any person shall mean both the Christian name and surname of such person. (a) By the Judicature Act, 1875, s. 21, these rules are in force, except in so far as they are inconsistent with the rules made under the Judicature Acts. Those which follow are such as still exist. A.D. 1859 A.D. 1859. 2. These rules, orders, and regulations shall, if previously confirmed by Her Majesty in Council, come into operation on the 1st day of January, 1860, and shall apply to all causes instituted on and after that day. 3. The practice of the Court in operation before the 1st day of January, 1860, shall continue in force, save in so far as it may be inconsistent with these rules, orders, and regulations. Entry of Appearance. 37. If the proctor intends to object to the jurisdiction of the Court, the appearance may be entered under protest. Bail. 39. If bail is to be given in the registry, the proctor shall, on filing in the marshal's office a præcipe, receive a notice of bail, a copy of which shall be served on the adverse proctor. 40. After the expiration of twenty-four hours from the time when the notice of bail shall have been so served, if the marshal has reported as to the sufficiency of the sureties, the proctor shall be entitled to take up the marshal's report. He shall then file in the registry a præcipe with the notice of bail and the marshal's report, and shall be informed at what hour the sureties may attend. 41. The bail bond shall be signed by the sureties, and shall be taken either before the registrar, or, by the registrar's directions, before one of the clerks in the registry. 42. Bail may also be taken under a special commission, or before standing commissioners to be appointed by the judge; but in every such case the sureties shall justify. 43. A bail bond taken before a commissioner appointed under a special or standing commission shall not be filed in the registry until after the expiration of twenty-four hours from the time when a notice, containing the names and addresses of the sureties and of the commissioner before whom the bail was taken, shall have been served upon the adverse proctor; and a copy of the notice, verified by affidavit, shall be filed with the bail bond. 44. A commissioner appointed under a special or standing commission shall not take bail on behalf of any person for whom he or any person in partnership with him is acting as proctor, attorney, solicitor, or agent. 45. The delays required by the preceding rules in regard to the taking of bail may be dispensed with by consent of the proctors in the cause. Releases. 46. Property arrested by warrant shall only be released under the authority of an instrument issued from the registry, to be called a release. 47. A proctor at whose instance any property has been arrested, may, before an appearance has been entered, obtain the release thereof by filing a præcipe to withdraw the warrant. 48. A proctor may obtain the release of any property by paying A.D. 1859. into the registry the sum in which the cause has been instituted. 49. Cargo, arrested for the freight only, may be released by filing an affidavit as to the value of the freight, and by paying the amount of the freight into the registry. 50. In a cause of salvage, the value of the property under arrest shall be agreed, or an affidavit of value filed, before the property is released. 51. A proctor who shall have filed a bail bond in the sum in which the cause has been instituted, or paid such sum into the registry, and, if the cause be one of salvage, shall have also filed an affidavit as to the value of the property arrested, shall be entitled to a release for the same, unless there be a caveat against the release thereof outstanding in the "Caveat Release Book." 52. The release, when obtained, shall be left with a præcipe in the marshal's office by the proctor taking out the same, who sball also at the same time pay all costs, charges, and expenses attending the care and custody of the property whilst under arrest; and the marshal shall thereupon release the property. Caveat Release Book. 53. A proctor in a cause desiring to prevent the release of any property under arrest, shall file in the registry a præcipe, and thereupon a caveat against the release of the property shall be entered in a book to be kept in the registry, called the "Caveat Release Book." 54. A party delaying the release of any property by the entry of a caveat shall be liable to be condemned in costs and damages, unless he shall show to the satisfaction of the judge good and sufficient reason for having so done. Caveat Warrant Book. 55. A party, desiring to prevent the arrest of any property, may cause a caveat against the issue of a warrant for the arrest thereof to be entered in the registry. 56. For this purpose he shall cause to be filed in the registry a præcipe, signed by himself or his proctor, undertaking to enter an appearance in any cause that may be instituted against the said property, and to give bail in such cause in a sum not exceeding an amount to be stated in the præcipe, or to pay such sum into the registry; and a caveat against the issue of a warrant for the arrest of the property shall thereupon be entered in a book to be kept in the registry, called the "Caveat Warrant Book." 57. A proctor, instituting a cause against any property in respect of which a caveat has been entered in the "Caveat Warrant Book," shall, before filing the præcipe to lead the institution of the cause, serve a copy thereof upon the party on whose behalf the caveat has been entered, or upon his proctor. 58. Within three days from the filing of the præcipe, the party on whose behalf the caveat has been entered shall, if the sum in which the cause is instituted does not exceed the amount for which he has undertaken, give bail in such sum, or pay the same into the registry. A.D. 1859. 59. After the expiration of twelve days from the filing of the precipe, if the party on whose behalf the caveat has been entered shall not have given bail in such sum, or paid the same into the registry, the plaintiff's proctor may proceed with the cause by default, and on filing his proofs in the registry may have the cause placed on the list for hearing. 60. If, when the cause comes before the judge, he is satisfied that the claim is well founded, he may pronounce for the amount which appears to him to be due, and may enforce the payment thereof by monition and attachment against the party on whose behalf the caveat has been entered, and by the arrest of the property, if it then be or thereafter come within the jurisdiction of the Court. 61. The preceding rules shall not prevent a proctor from taking out a warrant for the arrest of any property, notwithstanding the entry of a caveat in the "Caveat Warrant Book;" but the party at whose instance any property in respect of which a caveat is entered shall be arrested, shall be liable to be condemned in costs and damages, unless he shall show, to the satisfaction of the judge, good and sufficient reason for having so done. 70. When an appearance has been given under protest, the defendant's proctor shall, within twelve days from the entry of such appearance, file his petition on protest, and the same rules shall apply to the pleadings on a protest as to the pleadings in a cause on its merits. Affidavits (a). 82. Every affidavit filed in any cause shall be divided into short paragraphs, numbered consecutively, and shall be in the first person. 83. The name, address, and description of every person making an affidavit shall be inserted therein. 84. The names of all the persons making the affidavit, and the dates when and the places where sworn, shall be inserted in the jurat. 85. Where an affidavit is made by any person who is blind, or who, from his signature thereto or otherwise, appears to be illiterate, the person before whom the affidavit is made shall state in the jurat that the affidavit was read to the witness in his presence, and that the witness appeared to understand the same, and made his mark or wrote his signature in the presence of the person before whom the affidavit was made. 86. No affidavit shall he received which has been sworn before the party on whose behalf the same is offered, or before his proctor or a partner or clerk of the same. Written Depositions. 87. Written depositions may be taken either before an examiner of the Court, or before a commissioner appointed under a commission. (a) See J. A., O. XXXVII. r. 3. |