Page:Halsbury Laws of England v1 1907.pdf/342

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Admiralty.

120 Sect.

may

Counsel

6.

attend the hearing of any reference

References one time the allowance of counsel's fees on taxation to Registrar exceptional it is now the general rule {k)

and though at was regarded as

.

etc.

258. The Kegistrar may report whether any and what part of the costs of the reference should be allowed, and to whom (l). The allowance or disallowance of costs is wholly discretionary. They do not depend in any way on how the costs of the action are to be borne, but are in the discretion of the Court, as the costs of a new

Costs.

litigation (m).

a tender is made in a reference and is not accepted, the if the amount found due is less than such tender, is entitled to have the balance paid out to him

259.

Tender.

If

defendant,

Sub-JSect.

2.

Registrar'' s

Report and Ohjections

thereto.

260. As sOon as possible after the hearing of the reference has been concluded the Eegistrar makes his report to the Court, stating his decision on the questions referred to him and where the report is as to damages, it shows in a schedule in parallel columns the items claimed, and those allowed, and from what period interest at 4 per cent, until payment, allowed as part of the damages proceeded for, will run (o). Where the case is important, or a point of law is raised, or there is likely to be an appeal to the Court, the Kegistrar, in addition to

Registrar's report.



his formal report, will attach thereto a statement in writing of his reasons for his decision (o). The Eegistrar may state a special case for the opinion of the Court, either on any special point arising in the course ol: the proceeding at the reference, or as to the questions involved in the reference

Case stated

by

Registrar,

Filing report.

,

Confirmation

by Court.

generally (p). Notice is sent from the Eegistry to the parties when the report has been drawn up, and the solicitor for the claimant must, within six days from the time when he has received notice that the report If the is ready, take up and file the same in the Eegistry (q). solicitor for the claimant fails to take up and file the report, the adverse solicitor may take it up and file it, or may apply to the Court or a judge to have the claim dismissed with costs (r). The Eegistrar's report should, strictly, be confirmed by the Court -^^^ -.^ practice this procedure is seldom required in ordinary cases, the parties agreeing to treat the report as a final decision.

(k)

E.

S.

C, Ord.

56, r. 7.

(0 Ihid., r. 8. (m) The Consett (1880), 5 P. D. 77; The Friedtlercj (1885), 10 P. D. 112. {n) The Nona, [1894] P. 265. (o) As to the payment of interest, see Stoomvaart Maatschappy Nederland v. Peninsular and Oriental Steam Navigation Co., The Khedive (1882), 7 App. Cas. 795, at p. 803 The Kong Magnus, [1891] P. 223, in which last case interest would, in strictness, have run for eleven years. {p ) The Parisian (1887), 13 P. D. 16 The John Bellamy (1870), L. E. 3 A. & E. 129 The Immacolata Concezione (1883), 9 P. D. 37.



-



((?)

(r)

E. S. C, Ord. 56, Ibid., r. 10.

r. 9.