Page:Halsbury Laws of England v1 1907.pdf/347

 ——

.

.

Part

III.

125

filed in

by the assistant

Sect.

9.

-

Practice of the Supreme Court.

the Eegistry, and notice of taxation is then sent out registrar, who is generally the taxing officer. A certificate is not usually required, unless a difficulty in obtaining payment of the costs is anticipated. In default actions notice is usually sent to the several claimants on the fund in Court, so that each party may have an opportunity of criticising the several bills.

must be

'

Appeals

to

the

gj,^^

g

Taxation of

—

Costs, •

Court of Appeal.

271. Appeals from the decision of the j udge sitting in Admiralty from a Divisional Court of the Admiralty Division are to the Court of Appeal {d) Where a party has either a right to appeal without leave, or has Filing of obtained leave to appeal, he, or his solicitor for him, must, after i^otice of ^^^^^ serving the adverse party or parties with notice of appeal (e), file a the copy of such notice in the Admiralty Registry in London Admiralty Registrar, the assistant Admiralty registrar, and the or



clerks

there,

acting, in respect of

all

applications in relation to

Admiralty appeals, as officers attached to the Court of Appeal (/). The copy of the notice of appeal so filed must be stamped with a stamp ot £1{g).

272. Where the action in which the appeal is made is an action in Security rem, it is not the usual practice for an appellant who has put in bail in the Court below, and so obtained there the release of the property proceeded against, to be required to give security for the costs of Security for costs may, however, be ordered under the appeal (/i). special circumstances, and where the right to such security is plain it ought to be furnished without any application to the Court being required (i).

.

for

273. In accordance with the practice which prevailed in Admiralty Evidence, appeals before the Judicial Committee of the Privy Council, the oral evidence taken in the Admiralty Division in an Admiralty action is proved before the Court of Appeal by a transcript of the shorthand notes taken by the official shorthand writer, and the judgment of the Court below is proved by a copy of such judgment certified by the reporter of the Court below to be correct (/c). The transcript of the evidence and the certified judgment, together with copies of the pleadings in the action, of the minute of the decree appealed from and of the notice of appeal, as well as copies of any material affidavits or documents, are printed by the appellant under an order obtained on summons in the Admiralty Registry (l) 274. At the hearing of final appeals in Admiralty actions in which Nautical questions of nautical skill or knowledge are involved, the Court of assessors. {d)

Supreme Court

of Judicature Act, 1873 (36

E. S.C., Ord. 58, rr. 2, (/) SeeE. S. C, Ord. 60,

(e)

&

37 Yict.

c.

66), ss. 18, 19.

3. r. 2.

Order as to Supreme Court Fees, 1884, Schedule, No. 52. (h) The Victoria (1876), 1 P. D. 280. (0 E. S. C, Ord. 58, r. 15; The Gonstantine (1878), 4 P. D. 156. (A) A fee of two guineas is payable to the reporter. (0 E. S. C, Ord. 58, rr. 11, 12. {g)