Page:Halsbury Laws of England v1 1907.pdf/344

 — Admiralty.

122

Sect. 6. evidence of witnesses examined orally in Court (e), or evidence on Such additional evidence will not, however, be References affidavit (/). to Registrar admitted unless the Court is satisfied that such evidence could not etc. by proper diligence have been produced before the Kegistrar and

merchants (g). The Court attaches great weight to the experience of the Eegistrar and merchants, especially in mercantile matters, and will not interfere with their report unless fully convinced that they are in error (h). Order on appeal.

District Kegistries.

263. Instead of merely allowing the appeal or varying the report, the Court may refer the report back to the Registrar and direct him to make a further report, either on the case generally, or on any special point ©.

264. The practice and procedure as above stated in regard to references to the Registrar and merchants in London actions, and appeals in objection thereto, are applicable to references heard in District Registries. Sect.

Payment money

of

found due.

7.

Judgment

in Contested Actions.

265. Where the amount

of the liability of the defendants, or of a counterclaim has been substantiated, is ascertained either by the report of the Registrar and merchants, or by the amount of the principal sum due being specified in the decree of the Court, the person entitled to receive the amount can, if the proceeds of a ship or cargo are in Court or their value has been paid into Court, on application in the Registry, obtain an order directing the amount found due to him to be paid to him, or on his written authority to his solicitor. In actions in rem, where bail has been put in, the person so entitled to receive the amount due may similarly obtain an order ordering the sureties to pay that amount on a day named if the defendants have not paid the amount due plaintiffs against

whom

from them. If there have been cross actions of damage in which both vessels have been held to blame, or actions where both claim and counterclaim have been pronounced for, the amount due will be the amount of the balance (if any) which is found due after the amounts due to the plaintiffs in the cross actions, or to the plaintiffs and defendants in cases where there are counterclaims, have been set off against each other Caveat,

payment.

(k).

266. It has already been stated that where for any reason a party wishes, by reason of any question of priority or otherwise, to prevent the Court ordering the payment out of money to any person, the person objecting may file in the Admiralty Registry a praecipe for See The Newport (1858), Swa. 317 The Flying Fish (1865), Br. & L. 436. The Harmonides, [1903] P. 1, at pp. 3, 5. C^) The Thuringia (1871), -11 L. J. (adm.) 20. (/i) See The Clyde (1856), Swa. 23. (/) See The Minnetonka, [1904] P. 202, at p. 210 (/c) See Stoomvaart Maatschappy Nederland v. Peninsular and Oriental Steam Navigation Co., The Khedive (1882), 7 App. Cas. 795. (e)

(/)