Page:Halsbury Laws of England v1 1907.pdf/333

 —— Part

Practice of the Supreme Court.

III.

Ill

Sect. 4. decree referred to the Kegistrar and merchants for assessment, and condemned in rule the Limitation general costs of the a plamtiffs are as the action unless the defendants have raised unfounded issues on which of Liability, they have failed, or costs have been incurred between claimants in respect of questions with which the plaintiffs have had nothing to do (i).

any property of the Crown is damaged or lost in a Damage or the Crown may claim to share in the limited amount paid ^^^^ ert^Tnd^ into Court by the owner of the vessel to blame {k), and where mails ^aUs.^ have been lost in a collision the Postmaster-General is entitled, assuming him to be a bailee in possession of the mails, to share in the fund paid into Court by the owners of the wrong-doing vessel (l). 234.

If

collision,

235. Where there are loss of life claims, and the statutory amount Where loss ^ per ton has all been paid into Court, but some of the loss of ^ot'entered life claimants fail to come in and enter their claims until after the in time, time appointed for claims to be filed, the Court may, although the year has not elapsed within which, under the Fatal Accidents Act, 1846 (m), an action in respect of such a claim could be commenced, order that the balance of the fund which remains in Court after all the loss of life claimants who have entered claims in due time have been paid shall be paid back to the plaintiffs, the claimants who have not entered their claims in time being thus excluded from all share in the limited amount (n). And where there are both loss of life and personal injury claimants Where claims and claimants in respect of loss or damage to goods, and the sum Jjfe and goods of ^07 per ton primarily applicable to the loss of life claims and personal injury claims is not enough to pay such loss of life and personal injury claims in full, it may be held that the balance of the claims for loss of life and personal injury which the amount of £7 per ton is insufficient to cover is entitled to rank ^^tn-i passu with the claims for loss and damage to goods against the further amount of £8 per ton (o). of i>15

Sect.

5.

Appeals from Inferior Courts.

236. All Admiralty appeals from inferior Courts are heard before Right of a Divisional Court of the Admiralty Division {p), usually consisting of 3i?L1onai the President and the Judge of that Division sitting together, and Court,

where thought necessary or desirable, by two of the Elder Brethren of the London Trinity House {q) and unless leave to No further appeal to the Court of Appeal be given by the Divisional Court ^^j^hout leave hearing the appeal, or by the Court of Appeal, the determination of such Divisional Court is, under the Supreme Court of Judicature (Procedure) Act, 1894, declared to be final (r).

assisted,



See The Empusa (1879), 5 P. D. 6 ; The Winkfield, [1902] P. 42, at p. 61. The Zoe (1886), 11 P. D. 72. The Winkfield, [1902] P. 42. {!) (m) 9 & 10 Vict. c. 93 see title Negligence, post. {n) The Alma, [1903] P. 55. (o) The Victoria (1888), 13 P. D. 125. ip) Judicature Act, 1873 (36 & 37 Vict. c. 66), s. 45 E. S. C, Ord. 59, r. 4. For their fees, [q] The County Courts Act, 1888 (51 & 52 Vict. c. 43), s. 125. see note (d), p. lOl, ante. (?:)

[k)





(r)

The Supreme Court

of Judicature (Procedure) Act, 1894 (57

&

58 Vict.

c.