Page:Halsbury Laws of England v1 1907.pdf/334

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Admiralty.

112 Sect.

5.

Appeals from Inferior Courts.

County court appeals.

Under the Act

of 1868.

Sub-Sect.

From County

1.

Courts and the City of London Court.

237. Of these appeals from inferior Courts the most numerous are from county courts having Admiralty jurisdiction, including the City of London Court. Such appeals are brought either under the County Courts Admiralty Jurisdiction Act, 1868 (s), or under the County Courts Act, 1888 {t). In order to be entitled to appeal under the Act of 1868, the appellant must have given security for costs, and, if the appeal be from an interlocutory order or decree, have obtained leave to appeal {u) but the Court cannot entertain an appeal if the parties have agreed that the decision of the Court below shall be final {w). Notice of the institution of the appeal, called the instrument of appeal, must be lodged within ten days from the making of the decree appealed against, unless the time be extended {x). No appeal under this Act will be allowed, unless the amount decreed or ordered to be due exceeds i650 {y). An appeal may be brought either on a question of law or a question of fact {z) The time for appealing may be extended by a Divisional Court of the Admiralty Division in its discretion on application by notice of motion supported by affidavit {a), and no appeal lies from the decision come to by that Court as to whether the time should

.

be extended Security for <X)StS.

(6).

Security for costs must be given in cases where an appeal on fact is asserted, whether with or without leave (c), but where the appeal is on a question of law the appellants usually exercise the right of appeal under the Act of 1888 and consequently do not give security 0). Possibly, however, certain particular provisions under which an 16), s. 1 (5). ulterior appeal without leave lay to the Court of Appeal where the Divisional Court has altered the judgment of the county court may still be in force (see The Dart, [1893] P. 33 The Cambrian Monarch, March 7, 1907 (unreported), where such an appeal brought without leave to the Court of Appeal was recently allowed). See also Coxy. Hakes (1890), 15 App. Cas. 506, 517 The Tynwald, [1895] P. 142, 147. As to the cases in which before the Judicature Acts the Court of Admiralty usually granted leave for a further appeal in county court appeals, see Tlie Samuel Laing (1870), L. E. 3 A. & E. 284. (s) 31 & 32 Yict. c. 71. {t) 51 & 52 Vict. c. 43. {u) County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Vict. c. 71), s. 26. As to this security not being required under the County Courts Act, 1888 (51 & 52 Vict. c. 43), when the appeal is on a question of law, see The Delano, [1895] P. 40 (note {d), infra). {lu) County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Vict. c. 71), s. 28. (x) Ihid., s. 27. ly) Ihid., s. 31. (z) See The Delano, supra, at p. 47. (a) The Dumber (1883), 9 P. D. 12. See County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Vict. c. 71), s. 27. 186; the Supreme Court of Judicature (6) The Amsiel (1878), 2 P. D. (Procedure) Act, 1894 (57 & 58 Vict. c. 16), s. 1. (c) County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Vict. c._71), s. 26. order refusing plaintiffs, who have taken out of Court a sum paid into Court with denial of liability, their taxed costs has been held to be a final order within this section (The Vulcan, [1898] P. 222) ; see also The Fyenoord (1876), 3 Asp. M. L. C. 218, where it was held that the sum tendered was " the sum decreed or ordered to be due " under sect. 31 of the Act of 1868. {d) See p. 114, post; The Delano, supra, at p. 47. The actual decision in this case was, that an appeal on a question of law brought from a county



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