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 Admiralty.

116

Sect. 5. The appellant must, before the expiration of the time within Appeals which notice of appeal may be given, leave with the officer for the from Inferior time being appointed by the Court a copy of the notice of appeal, C ourts the officer will thereupon set down the appeal by entering it on the proper list (.;). .

Security for costs.

E vidence given at former hearing.

245- If the appeal is brought by any party other than the Board of Trade, the appellant must before the appeal is heard give security for the costs to be occasioned by the appeal in the manner directed by the judge from whose decision the appeal is brought {k). 246. The Divisional Court is assisted by two assessors, who in practice are always Elder Brethren of the London Trinity House. The evidence taken before the judge (A;) from whose decision the appeal is brought is proved before the Court by a copy of the notes of the judge or of the shorthand writer, clerk, secretary, or other person authorised by him to take down the evidence, or by such other materials as the Court thinks expedient and a copy of the evidence, and of the report to the Board of Trade containing the decision from which the appeal is brought, and of the notice of the general grounds of the appeal, must be left in the Admiralty Kegistry before the appeal comes on for hearing. Copies of the notes of the evidence and of the report must be supplied to the appellant on request by the judge or other person having charge thereof on payment of the

Fresh evidence.

usual charge for copying [1). The Court has full power to receive further evidence on questions of fact, either by oral examination in Court or by affidavit or deposition taken before an examiner or commissioner. Evidence may also be given by special leave as to matters which have occurred since the date of the decision from which the appeal is

brought

{m).

Any

application to the Divisional Court for leave to adduce further evidence should be made in ordinary circumstances by means of a substantive application prior to the hearing of the appeal (n), and the Court will not grant leave for expert evidence to be called on matters as to which the Trinity Masters are present to advise the

Court Report to Board of Trade.

(o).

247. On the conclusion of an ajDpeal the Court sends Board of Trade a report of the case signed by the members

to the of the

Court. last day shall happen to. fall on a Sunday, Christmas Day, or or on a day appointed for a public fast or thanksgiving or holiday, in which case the time shall be reckoned exclusive of that day also (Shipping Casualty Eules, 1895, r. 27). (./) Shipping Casualty Eules, 1895, r. 20 d. (k) Ihid., r. 20 e. In these rules, unless the context or subject-matter otherwise requires, "judge" means the wreck commissioner, sheriff, sheriff substitute, stipendiary magistrate, justices, or other authority empowered to hold an investigation into a shipping casualty (/6*cZ., r. 2). As to the last portion of this rule, see The Kestrel (1881), 6 (/) Ibid., r. 20 e. P. D. 182, 188. (m) Shipping Casualty Eules, 1895, r. 20 h. {n) The Famenoth (1882), 7 P. D. 207. (o) The Ksetrel, supra.

day unless the

Good Friday,

'