Page:Halsbury Laws of England v1 1907.pdf/339

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Part

Practice of the Supreme Court.

III.

117

248. The Court has power to make such order as to the whole or any part of the costs of and occasioned by the appeal as the Court

may think

just (p).

Appeals under the Shipping Casualties Act, 1879 {q), were, as also were appeals under the Merchant Shipping Act, 1894 (/•), before the Act of 1906 came into force, generally made by certificated officers whose certificates have been dealt with, and not by the Board of Trade, and in such cases where the appeals are dismissed

Sect.

5.

Appeals from Inferior Courts, Costs,

Where the usual course is to condemn the appellants in costs (s). the Board of Trade appears as respondent in the appeal and the decision appealed from is reversed, the Board of Trade may be ordered to pay the costs {t), and in a case where the decision was affirmed, but the Divisional Court considered that the time for which the certificate of the appellant had been suspended should be shortened, no order was made as to costs 249. A rehearing of a shipping investigation or inquiry may be Rehearing ordered by the Board of Trade to be heard by a Divisional Court of the go^ard^^ Admiralty Division when this is the case, the Board must cause of Trade, such reasonable notice to be given to the parties whom they consider to be affected by the rehearing as the circumstances of the case may, in their opinion, permit {v) The rest of the procedure on such rehearings is the same as that already mentioned in regard to shipping casualty appeals (iv).

.

250. Any person aggrieved by the order of a naval court ordering Appeals from the forfeiture of wages, or by the decision of a naval court on a ^^^^^ courts, question as to wages, fines or forfeiture, may appeal to the High Court and on any such appeal the High Court quash or vary the decision appealed against (x).

Sect.

6.

may

References to the Registrar and Merchants Proceedings before the Registrar. Sub-Sect.

1.

References to the Registrar

confirm

and other

and Merchants.

251. Amongst the more important of the powers and authorities possessed by the Admiralty Eegistrar and assistant Admiralty Registrar are the holding of references to assess damages in actions in rem or in personam, and to report on other questions and matters in wages, co-ownership, mortgage or bottomry suits. The Registrar is assisted by one (a) or more merchants selected In what {p) Shipping Casualty Rule.s 1895, r. 20 {q) 42 & 43 Yict. c. 72. (r) 57 & 58 Yict. c. 60, s. 473. (s) The Golden Sea (1882), 7 P. D. 194. {t)

The Famenoth (1882),

Carlisle,

7

cases references usually made.

i.

P. D. 207; The Arizona (1880), 5 P. D. 123



The

[1906] P. 301.

The Ifestrel, (1881) 6 P. D. 182. See The Ida (1886), 11 P. D. 37. (w) See p. 115, ante, and Shipping Casualty Eules, 1895, r. 21 a, b. (.x) Merchant Shipping Act, 1906 The procedure and (6 Edw. 7, c. 48) s. 68. conditions of the appeal are to be provided for by rules of Court. The jurisdiction will probably be exercised by a Divisional Court of the Admiralty Division. (a) In default actions in rem, the reference is usually to the Eegistrar alone or to the Eegistrar assisted by one merchant. (/')

(y)