Page:Halsbury Laws of England v1 1907.pdf/320

 Admiralty.

98 Sect.

1.

Actions in rem.

Commissions.

Such examination sometimes takes place in Court, the witnesses on one side can be heard, and the witnesses The usual for the other side will be available within a short time. practice, however, is for an order to be obtained, on affidavit, for the examination of certain witnesses before one of the standing Admiralty examiners appointed by the Court (s), or before a special examiner. Forty-eight hours' notice of the examination is usually The evidence of the witnesses examined is required by the order. taken down by a shorthand writer appointed for the purpose, and a transcript of it is filed in the Admiralty Kegistry or the district registry, as the case may be, by the solicitor having the conduct of The the examination, who is also required to file printed copies. evidence so filed is evidence in the action for all purposes. of seafaring life.

as

when

199.

all

If it is

necessary to examine witnesses abroad, a

summons

commission (t), or for letters of request (a). After the order for a commission is made the commission is taken out of the registry. The commissioner is frequently The return made by the commisa British consul or vice-consul.

must be taken out

either for a

sioner of the execution of the commission, together with the evidence taken under it, must be returned by him to be filed in the Admiralty Registry if the action is proceeding in London, or in the district registry where the action is proceeding (b). Letters of request.

200. Leave to issue letters of request (c) may be obtained on summons. The letters of request are prepared by the solicitor who prepares the order, and left by him at the Admiralty Eegistry. They are transmitted thence to the Foreign Office or the Colonial Office, and thence returned to the Admiralty Registry.

Subpoenas.

201. Subpoenas in Admiralty actions are issued out of the Admiralty Eegistry in the case of actions proceeding in London, and in other cases out of the district registry where the action is proceeding

The

{d).

any part of Great Britain or Ireland of any writ ad testificandum or subpoena duces tecum issued in an Admiralty Action is as effectual as if the same had been served in England or Wales {e). service in

of subpoena

Filing affidavits

proofs.

and

202. Every affidavit or other proof used in Admiralty actions, including the proofs in default actions and references, must be filed in the Admiralty Registry in the case of London actions, and in other cases in the district registry in which the action is proceeding. In London actions and in actions in the Liverpool District Registry (s)

As

Admiralty Court Act, 1840

to these officers of the Court, see

(3

&

4

66), s. 9, and the Admiralty Court Act, 1861 (24 Yict. c. 10), s. 28. {t) E. S. C, Ord. 37, r. 5. The fees payable on the issue of the commission out of the registry are 15s. on the praecipe, and £1 for the commission. See

Vict.

c.

Order as see E. S.

Supreme Court Eees, C, Appendix J, No. 14.

to

1884, Nos. 13

—

15.

For form

of commission,

'

(a) {h) fc)

{d) (e)

E. S. C:, Ord. 37, r. 6 a. E. S. C, Ord. 38, r. 10. E. S. C, Ord. 37, r. 6 a Appendix K,

Forms 37

A, 37 b.

For fees, see Order as to Supreme Court Fees, 1884, Schedule, No. Admiralty Court Act, 1861 (24 Yict. c. 10), s. 21.

5.