Page:Halsbury Laws of England v1 1907.pdf/323

 — Part

III.

—

Practice of the Supreme Court.

101

^^ct. i. where nautical questions are involved, the Trinity Masters Actions in the request of the at parties, summoned or order by of only be will rem. the Court or a judge made on summons. Trinity Masters only advise the judge on matters of nautical ^^^^ skill on which he desires information, and it is the duty of the judge, Trimty having received that information, to exercise his own judgment, and Masters, "Witnesses decide the case before him on his own responsibility (c) therefore may not be called to give evidence on questions of general nautical skill in actions where the judge is assisted by the Trinity Masters {d).

cargo,

.

must be given

as in other actions, though Notice day, as above stated, is always fixed. must be filed in London actions in the Admiralty Eegistry, and in other actions in the district registry where the It must be stamped with a stamp of £2 action is proceeding. in London actions, that being the amount of the Court fee for In the district registries, other than those of hearing (e). Manchester and Liverpool, the same fee is payable in money. In

208. Notice

of trial

a

special

practice The notice

in

(c)

The Magna Charta (1871),

1

Asp. M. L.

C.

153

The Beryl

(1884), 9 P.

D.

Bohert Feel (1880), 4 Asp.

M.



137, 141. (r?)

The Kirhj Hall (1883), 8 P. D.

L. C. 321



E.

S.

C, Ord.

71, 75



The

Si7'

36, r. 43.

The

fees payable to the Trinity Masters are as follows For hearing, in any action other than one in which salvage only is claimed, £4 4s. per diem. (2) For hearing, in any action in which salvage only is claimed, (i.) where there is one set of pleadings, £2 2s. per diem (2) where there is more than one set

(1)



£4

per diem. (3) If the part hearing of an action shall on any day end before the midday adjournment, or shall commence after such adjournment, the Trinity Master having in the latter case been engaged in a previous case, or not having been in attendance before such adjournment, half the day fee shall be payable in respect of such part hearing, provided that such half fee shall not be less than

of pleadings,

£2

4s.

2s.

For hearing of any appeal, whether there be a cross appeal or not, to the Divisional Court, in each case £3 3s. (5) For attending to hear judgment when reserved, including consultation with the judge or judges on the day on which judgment is given, £2 2s. For consultation with the judge or judges on any day other than one on which the action is heard or reserved judgment delivered, £2 2s. (6) For attendance on any day when not called upon to sit in any action, half the day fee shall be payable, provided that such half fee shall not be less (4)

than £2

2s.

notice of attendance in any case has been given, and shall less than three days before the day of hearing have been countermanded, half the day fee shall be payable, provided that such half fee shall not be less than £2 2s. (8) Actions in which there are counterclaims, consolidated actions, and all actions tried together, shall, for the purposes of these rules, be considered single actions, the total fees being payable in equal parts on each action, unless the judge shall otherwise order. (9) In any case not falling within these rules, the fees to be paid shall be fixed by the judge (Order, January, 1893). These fees are recoverable as taxed costs between party and party, and are in practice paid in the first place by the party recovering judgment on the action or other proceeding, except in actions of damage where both vessels are held to blame, or in actions where each party is directed to bear his own costs, which cases a moiety of the fees is paid by each party. (e) E. S. C, Ord. 36, rr. 11—14. Order as to Supreme Court Fees, 1884, Schedule, No. 52. (7) If

^

m

of