Page:Halsbury Laws of England v1 1907.pdf/336

 Admiralty.

114

Sect. 5. not agree as to what is to be printed. If the parties agree a special Appeals case may be printed and filed instead of the proceedings in the from Inferior Court below (w).

Courts. Fresh evidence at hearing of appeal.

^]jQ leave of the Divisional Court fresh evidence may be adduced by either the appellant or the respondent at the hearing of the appeal (o), and in one case where none of the evidence taken in the

Court below could be brought before the appellate court the appeal

was decided entirely on the evidence examined at the hearing of the appeal (p). Warrant of arrest pending hearing of appeal.

of

witnesses called and

240. Where the appeal is from a decree or order in an action in rem in which the property proceeded against has been kept under arrest until the decision of the Court below has been given, the appellant, in order to keep the property under arrest pending the appeal, may obtain in the Admiralty Eegistry, and duly serve, a warrant of arrest on the property, which will then remain in the of the Admiralty Marshal to abide the order of the Divisional Court {q). When the appellant is unsuccessful he must pay the costs of the appeal, unless the Court otherwise directs (r).

custody Costs of appeal.

Kemission of cause.

Appeals under the County Courts Act, 1888.

Agreement not to appeal.

Procedure on appeal.

241. The Divisional Court, after giving its decision, retain the cause or remit it to the Court below.

may

either

242. Further, a party in an Admiralty or maritime cause in a county court or the City of London Court who is aggrieved by any judgment, decision, direction or order of such Court on any point of law, or on the admission or rejection of any evidence, may appeal from the same to a Divisional Court of the Admiralty Division under the County Courts Act, 1888 (s). But there is no appeal on such points in any action of contract or tort where the debt or damage claimed does not exceed £20 unless the judge thinks it reasonable and proper that such appeal should be allowed, and grants leave to appeal (s). No appeal lies from the decision of the judge if before such decision be pronounced the parties agree in writing, signed by themselves or their solicitors or agents, that his decision shall be final, and such an agreement does not require a stamp (t). With the exception that no security for costs is given and that the appeal is by way of motion, the notice for which is in practice an eight days' notice served on the respondent and filed in the registry in conformity with the practice established for county court appeals to the King's Bench Division (it?) the procedure and practice on an appeal under the Act of 1888 are the same as the procedure and practice where the appeal is made under the County Courts ,

The Zeta (1875), L. E. 4 A. & E. 460. The Busy Bee (1872), L. E. 3 A. & E. 527. (P) The C. 8. Butler (1874), L. E. 4 A. & E. 238. The Miriam (1874), 43 L. J. (adm.) 35 The Freir, The Albert (1875), 44

{n) (0)



is)

(ADM.) 49. County Courts Admiralty Jurisdiction Act, 1868 (31 51 & 52 Yict. c. 43, s. 120.

it)

Ibid.,

(r)

s.

123.

[w) See E. S.

C, Ord.

59, r. 10.

&

32 Yict.

c.

71),

s.

30.