Page:Halsbury Laws of England v1 1907.pdf/327

 —

— Part

III.

Pkactice of the Supreme Court.

105

In other actions of salvage where an award of salvage the usual practice where the salvors have not been guilty of any misconduct is for the plaintiffs to have all the costs of the And even where no salvage has been awarded the Court action (g). may merely condemn the plaintiffs in a sum nomine cxpensarum (h), or When, however, salvors leave each party to bear his own costs (i). have been guilty of misconduct and for that reason there has been referred to (/). is

made

a forfeiture of salvage, they may be condemned in costs (k). When salvage services have been rendered to ship and cargo and salvage has been awarded against both, the owners of the salved ship and of the cargo contribute to the costs in proportion to the values on which the award is made, but this has been said to be without prejudice to the salvor's right to recover the whole from either (/). Where an action of salvage is instituted in the Admiralty Division, and the plaintiff does not recover more than £300, he cannot recover any costs unless the Court certifies that the case was a fit one to be tried otherwise than summarily, that is to say, otherwise than in a county court having Admiralty jurisdiction {m).

Sect.

2.

Sect.

1.

Actions in rem.

Where

ship

and cargo salved.

Where

less

than £300 recovered.

Actions in Personam.

220. In actions in personam the procedure and practice mentioned above as prevailing in actions in rem, in other matters than those relating to arrests, caveat warrants, caveat releases and bail, are equally in force, except so far as they differ in a few particulars to be mentioned below. 221. The

first difference to be noticed between the practice in personam and actions iii rem is as to the issue and service of the writs of summons. The forms of the writ of summons to be used in actions in personam are the same as the forms used in other personal actions in the High Court, the necessary change being made in the heading thereof, and the action being described on the face of the writ as an action between the plaintiffs and the defendants by name, except in the case of actions of limitation of liability (n)? instead of between the plaintiffs and the owners of the property proceeded against, as in the case of writs of summons in rem (o).

actions in

Generally,

Issue

and

^J-^^^

222. A writ in an Admiralty action in personam for service out of Writ for the jurisdiction, or of which notice maybe given out of the jurisdiction, ^eryice out

may

be issued out of the Central Office or out of a district registry,

(/) See p. 96, ante. [g)

See The Dwina, [1892] P. 58, at p. 64;

The BiaUo, [1891] P.

175, at

p. 179.

See The Henrietta (1837), 3 Hag. Adm. 345, n. See The Little Joe (1860), Lush. 88. {k) See The Capel/a, [1891] P. 70; The Yan-Yean (1883), 8 P. D. 147, 150. (0 The Elton, [1892] P. 265, 271. (m) Merchant Shipping Act, 1894 (57 & 58 Yict. c. 60), s. 547 See (2), (4). pp. 127 et seq., post. (w) See p. 108, post. (o) Ord. 1, r. 1; Ord. 2, rr. 1, 2, 3. For forms, see E. S. C, Appendix A, Part I., Nos. 1 to 8. The Court fees for writs for service within the jurisdiction actions in personam are the same as for writs in actions in rem. (h) (/)

m

""^"^

of