Page:Halsbury Laws of England v1 1907.pdf/346

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Admiralty.

124 Sect.

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and appraisement into the Eegistry, together with a statement sale, and an "account of sale" showing what items of expenditure have to he charged against the proceeds of the The Marshal also pays the gross proceeds of the sale into property. the Law Courts branch of the Bank of England in London actions (r), and any fees or expenses payable to the Marshal in respect of the sale are deducted from the gross proceeds of the sale and transferred to the Marshal's account in the Paymaster- General's books (s). The account of sale brought into the Eegistry by the Marshal may be taxed by the Admiralty Eegistrar, if any party so desires, and any person interested in the proceeds may be heard before the Admiralty Eegistrar on the taxation. An objection to the taxation is heard in the same manner as an objection to the taxation of a

7.

sale

Judgment in

of the result of the

Contested Actions.

Taxation of Marshal's

account of sale.

solicitor's bill of costs

{t).

269. The ordinary remedies for enforcing a judgment in the High Court are applicable to Admiralty actions. Thus writs of fieri facias are issued when necessary both to recover the amount, including costs, due under the judgment in an action in personam, and the amount due in respect of costs under the judgment in an action in rem (a). It has also been held in an action of damage in rem, where an amount of bail was put in up to the full value of the res, but the defendants were condemned in damages greater than the amount of bail, that the plaintiffs were entitled to a writ of fieri facias to levy on the ship released on bail the balance of the damages unpaid "over and above the amount of bail (b).

Execution

by fi- fa.

Sect.

Taxation of Costs.

8.

270. The taxation

th^RegistTy

the same

manner

of costs is, generally speaking, conducted in The bill for taxation as in the Central Office (c).

See E. S. C, Ord. 51, r. 15 Supreme Court Fund Eules (1905), r. 29. Order as to Fees, Dec. 19, 1896 (Statutory Eules and Orders for 1896, The ordinary fees, which are for the most part paid by stamps impressed p. 585). by the Marshal on the account of the sale, are (r)



(s)



On On

£

s.

d.

1

0

0

inventory ... 1 0 0 ... ... ... ... ... ... ... attending the delivery of cargo, or sale, or removal of a ship or goods, per day ... ... 2 0 0 ... ... ... ... ... On retaining posession of a ship, with or without cargo, or a ship's cargo without a ship, to include the cost of a ship-keeper, if required, per day 0 5 0 ... ... ... ... ... ... ... If the Marshal or any of his substitutes is required to go more than five miles from his office to perform any of these duties he is entitled to his reasonable travelling expenses, board and maintenance, in addition. On the sale of any vessel or goods sold pursuant to a decree or order of the Court, for every £dO or fraction of £50 realised, lOs. (Order as to Supreme Court Fees, 1884, Schedule, Nos. 95—98, 100, 101.) (t) E. S. See title Practice and Procedure. C.i Ord. 51, rr. 15, 16. (a) The Court fees payable on the issue of writ of fieri facias out of the Eegistry are 5s. for the writ, and 15s. for the praecipe (Order as to Supreme Court Fees, 1884, Schedule, Nos. 6, 13). (b) See The Gemma, [1899] P. 285. (c) See generally, as to taxation of costs, title Solicitors.

On

'

attending, appointing, and swearing appraisers ... ... delivering up a ship or goods to a purchaser agreeably to the