Page:Halsbury Laws of England v1 1907.pdf/341

 — Part

III.

Practice of the Supreme Court.

119

copy of the claim and of the documentary evidence and of any affidavits intended to be filed should be supplied to the adverse solicitors, and similarly copies of any counter affidavits should be

Sect.

6.

References to Registrar

etc. supplied to the claimants' solicitors. The usual minute must be filed when any affidavits or other documents are filed, and the requisite Court fee paid (/). Although evidence on affidavit is admissible, it is within the Evidence on discretion of the Kegistrar to determine whether he will give any, affidavit, and what, weight to affidavits made by persons who have not been cross-examined on their affidavits and where the deponent is the plaintiff in the action, he may, though resident abroad, be required to attend in this country for cross-examination (g).

254. The hearing of the reference is appointed for a day fixed by Placing the Eegistrar, who will consult the convenience of the parties as reference and thereupon a notice to have the reference placed hearing far as possible in the list for hearing is filed with a 10s. stamp (Ji).

in



255.

If

any question

arise at the reference,

House

will, if

of

one

seamanship or nautical skill is likely to of the Elder Brethren of the Trinity

summoned, attend

at the

hearing of the reference

Assessors,

(li).

256. Where discovery is necessary it may be ordered by the Discovery. Eegistrar but as the vouchers contain the particulars of the claim, discovery is seldom required. It is a frequent practice, however, for a defendant to apply for inspection of the voyage accounts of the plaintiffs' ship immediately before and after a collision in order to ascertain the grounds of the claim in respect of damages for detention arising from the collision.

257. At the time appointed the reference with,

if

may

either solicitor be present, but the Eegistrar

the reference from time to time

be proceeded Hearing of may adjourn reference,

(i).

may

be examined at the reference, and on the application of either solicitor, but at the expense in the first instance of the party on whose behalf the application is made, the evidence may be taken down by a shorthand writer or reporter appointed by the Court, sworn faithfully to report the evidence, and a transcript of the shorthand writer's or reporter's notes, certified by him to be correct, is admitted to prove the oral evidence of the witnesses on an objection to the Eegistrar's report (j). Witnesses

The Court fee or stamp to be paid is os. for (/) II. S. C, Ord. 66, r. 8. every instrument or document to which the minute relates, other than an exhibit or any instrument or document previously carried from the Registry or the marshal's office; see Order as to Supreme Court Fees, 1884, Schedule, No. 35. (g) The Parisian (1887), 13 P. D. 16. (A) Order as to Supreme Court Fees, 1884, Schedule, No. 12; Order as to Fees and Percentages, 1884, Schedule. (0 R. S. C, Ord. 56, r. 5. As to the payment of the costs occasioned by the adjournment, see The Kepler (1861), Lush. 201; The Mellona (1848), 3 V ^ ^ W. Bob. 16. (y) p. S. C, Ord. 56, r. 6. The fees to be paid to the official shorthand writer are as follows For attending reference room, for each reference, £1 Is. except where two ships having been held to blame and the opposing claims are examined on the same day, for each claim, £1 Is.