Page:Halsbury Laws of England v1 1907.pdf/337

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Part

III.

.

Practice of the Supreme Court.

115

Sect. 5. Admiralty Jurisdiction Act, 1868 (a). For instance, the appeal is Appeals asserted by the notice of motion being filed in the registry within ten days of the decision appealed from, but this time may be from Inferior Courts. extended by the order of a Divisional Court (h).

Sub-Sect.

2.

Shipping Casualty Appeals and Reliearings and Appeals from

Naval

Courts.

243. Appeals from a formal investigation into a shipping casualty, from an inquiry under the Merchant Shipping Act, 1894, into the conduct of a master, mate or engineer, lie to a Divisional Court of the Admiralty Division if the decision has been given in England or by a naval court (c),in cases where there has been no application for a rehearing at the instance of the Board of Trade, or where such rehearing has been refused, and on the investigation or inquiry a decision has been given with respect to the cancellation or or

Shipping casualty

masters

mates or engineers,

suspension of the certificate of a master, mate or engineer (<i) Similar proceedings may take place in certain cases when the investigation has been held by a colonial Court or tribunal {e). Where on any investigation or inquiry into a shipping casualty Appeals by the Court finds that the casualty has been caused or contributed to shipowners, by the wrongful act or default of any person, and an application for a rehearing has not been made under the above provisions or has been made and refused, the owner of the ship, or any other person having an interest in the investigation or inquiry who has appeared at the hearing and is affected by the decision of the Court, has now the same right of appeal against the decision as a master has under the above provisions against a decision with respect to the cancellation or suspension of his certificate (/).

244. The appellant must serve notice of intention to appeal on Notice of such of the other parties to the proceedings as he may consider to ^PP^ai and ot grounds be directly affected by the appeal, and within two days after setting of appeal, down the appeal must give to those parties notice of the general grounds of the appeal (^). The notice of appeal must be served Qi) either within twentyeight days from the date on which the decision was pronounced, or within twenty-one days of the date on which the report was issued in •

•

London by

c.

&

ia)

31

[h]

The

tlfie

Board

of

Trade

•

(i).

32 Yict.

c. 71. See p. 112, ayde. (1905), Times (12 August, 1905). (c) See as to naval courts, the Merchant Shipping Act, 1894 (57 60), ss. 470, 480—486. {d) Merchant Shipping Act, 1894 (57 & 58 Yict. c. 60), s. 475(3). (e) Ihid., s. 478.

Emmy

&

58 Vict,

(/) Merchant Shipping Act, 1906 (6 Edw. 7, c. 48), s. 66. Shipping Casualty Eules, 1895, r. 20, printed in the Statutory Eules and Orders for 1895 at pp. 460, 463—469. {h) Ihid. Any notice, summons, or other document issued under these rules may be served by sending the same by registered letter to the address of the person to be served (Shipping Casualty Eules, 1895, r. 28). The service of any notice, summons, or other document may be proved by the oath or affidavit of the person by whom it was served (ibid., r. 29). (?) Ibid., r. 20. In computing the number of days within which any act is to be done they shall be reckoned exclusive of the first and inclusive of the last (,f/)

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