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Admiralty.

118

Sect. 6. by him from a list approved by the President. The judge in Court Keferences may, if he thinks there is cause for so doing, besides deciding to Registrar the question of habihty at the hearing, also determine in etc. Court any question as to damages or any other matter usually referred to the Kegistrar or the Eegistrar and merchants (b) ; but in

the following cases the ordinary course is to order a reference sometimes before, and sometimes after, the judge in Court has decided the question of liability in actions of damage where either the plaintiff's or the defendant's vessel is to blame for the collision and has suffered damage, or where the two vessels involved are both damaged, and found to blame (in which latter case two references, i.e. one in respect of the claim of the plaintiffs and the other in respect in actions of of the claim of the defendants, may be necessary) damage where after the collision there has been subsequent damage or an abandonment of either or both of the vessels requiring the question of consequential damage to be decided in actions of limitation of liability, in which, after the decree limiting the amount of the plaintiff's liability has been made in Court, the right of the claimants to share in the limited amount and the amounts respectively due to each of them is determined at a reference and reported upon to the Court and in actions of salvage where the salving vessel has been damaged in rendering the services, and the details of the damage have to be accurately ascertained (c) Eeferences are also frequently ordered in actions of co-ownership, mortgage, wages, disbursements, damage to cargo, bottomry and necessaries, or whenever there are accounts to investigate, and also in King's Bench actions brought in the Admiralty Division where damages have to be assessed {d).







Filing of

claim and affidavits.

252. Within twelve days from the day when the order for the is made, the solicitor for the claimant must file the claim and any affidavits, and within twelve days from the day when the claim and affidavits are filed the adverse solicitor must file his counter "The claim" here referred to is headed in the action, affidavits (e). and consists of a statement of the particulars of the claim proposed to be made at the reference, arranged in numbered items, so that

reference

the Eegistrar in the schedule to his report in a tabular form the items allowed. Other evidence.

Copies for other side.

may

conveniently place

253. Any other documentary evidence required to prove the items of the claim, such as vouchers or receipts not made exhibits to the affidavits, should be numbered to correspond with the items of claim and should be filed within the twelve days. It is not necessary to bring in any affidavits if it is intended that the claimant's case at the reference should be proved by oral evidence without affidavits. In all actions other than actions of limitation of liability (where the number of the claimants prevent such a course being taken) a See The Maid of Kent (1881), 6 P. D. 178. See Bird v. Gihb, The De Bmj (1883), 8 App. Cas. 559; The City of Chester (1884), 9 P. D. 182, at p. 190. id) See The Gertrude, The Baron Aberdare (1888), 13 P. D. 105. (e) R. S. a, Ord. 56, r. 2. (h)

(c)