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Part II.— Jurisdiction of the Supreme Court. Sect. 16. Sub-Sect.

Special Jurisdiction of Admiralty Registrar 1.

144. Merchant

79

{ii)

Sect.

1G.

Jurisdiction Substitutes for Seamen VoJunteering into the Navy. of Admiralty seamen belonging to British ships are allowed to Registrar.

leave their ships in order to enter the naval service of His Majesty, Repayment and ^yhere in consequence of a seaman leaving his ship and entering excess of wages payHis Majesty's service it becomes necessary for the safety and proper able. navigation of the ship to engage any substitute, and the wages or other remuneration paid to the substitute for subsequent service

of

exceed the wages or remuneration which would have been payable seaman under his agreement for similar service, the master or owner of the ship may apply in the Admiralty Eegistry for a certificate authorising the repayment of the excess {x). to the

145. Any such application may be made by summons or otherwise, How and either ex parte or upon service of motion on any person, as the Court may direct (a). It is made to the Admiralty Kegistrar, who, on receiving the application, gives written notice thereof, and of the sum claimed, to the Lords Commissioners of the Admiralty, and proceeds to examine the application, and, if he considers that the whole of the claim is just, gives a certificate accordingly if, however, he considers that the claim, or any part thereof, is not just, he gives notice of his opinion in writing under his hand to the person making the application, or his solicitor or agent, who may within sixteen days from the giving of the notice leave at the Admiralty Eegistry a written notice demanding that the application be otherwise the Registrar decides finally (5). referred to the Judge

applica-





146. The Judge or Registrar (as the case may be) may, if he thinks fit, allow for the costs of any such proceeding any sum not exceeding five pounds for each seaman in respect of whom application is made, and that sum is then added to the sam authorised to be repaid (c). Sub-Sect

2.

Costs in Vice-Admiralty Courts.

Any person

aggrieved by the charge of any of the practitioners in any Vice- Admiralty Courts or by the taxation thereof, may apply to the High Court of Admiralty of England, and therefore now to the Admiralty Division, to have the charges taxed and the taxation revised {d). The taxation or revised taxation on any application made under these provisions would be referred to the Admiralty Registrar (e). 147.

Costs of pro-

{u) For the general jurisdiction of the Admiralty Registrar in matters within the jurisdiction of the Admiralty Division, see pp. 117 seq., post, (x) Merchant Shipping Act, 1894 (57 & 58 Yict. c. 60), ss. 195, 197. a) E. S. C. (Merchant Shipping), 1894, rule 2. (b) Ihid., rule 3 (1)— (4). (c) Ihid., rule 3 (6). {d) Vice-Admiralty Courts Act, 1863 (26 & 27 Yict. c. 24), s. 19. (e) See the Slave Trades Act, 1873 (36 & 37 Vict. c. 88), s. 20, which confers on the Registrar of the High Court of Admiralty a similar power of taxation and revising taxation of costs, charges, and expenses incurred in any proceeding taken in any British Slave Court or any Mixed Commission or Court in His Majesty's dominions.

Taxatiop.