Page:Halsbury Laws of England v1 1907.pdf/349

 — — Part

III.

—

Practice of the Supreme Court.

127

278. The Court of Appeal has power to refer any question arising an appeal to the Admiralty Eegistrar or the Admiralty Eegistrar assisted by merchants {u), and may, if it allows the appeal, either

in

retain the cause

Court below

(r)

or remit

it,

with or without directions, to the

Sect.

9.

Appeals to Court of Appeal. Reference to

(?<').

Registrar.

Part IV.

—

Jurisdiction and Practice of other

Courts having Admiralty Jurisdiction. Sect.

1.

County Courts having Admiralty Jurisdiction. Sub-Sect.

1.

Jurisdiction.

279. An Admiralty jurisdiction of a limited character, conferred by statute and Orders in Council made thereunder, is exercised by certain county courts, including the City of London Court. Such Courts have jurisdiction over all cases of salvage of life or property where the value of the property saved, when first brought into safety by the salvors (a), does not exceed £1,000(6), or the amount claimed does not exceed £300 (5), and over all cases of salvage, irrespective of value or amount, where the parties to the dispute agree to the jurisdiction (h). A county court having Admiralty jurisdiction may also determine a dispute as to the title to wreck as if it were a dispute as to salvage (c). A county court having Admiralty jurisdiction may determine claims not exceeding £150 for towage or necessaries ((^), and claims not exceeding £300 for damage to cargo or damage to a ship by collision or otherwise or for damage done by a ship in collision with another ship or a barge {e). In respect of wages a county court having Admiralty jurisdiction can determine claims not exceeding £150, but claims for wages below £50 must be dealt with by a Court of summary jurisdiction except under special circumstances (/). In any of the above classes of claims a county court having Admiralty jurisdiction has jurisdiction, irrespective of the amount claimed, where the parties so agree. {u)

See Judicial Committee Act, 1833 (3 & 4 Will. 4, c. 41) Supreme Court 1873 (36 & 37 Yict. c. 66), ss. 16, 18, and 1875 (38 & 39 Vict,

of Judicature Acts, c. 77), s. 21.

See TAc Flying Fish (1865), Br. & L. 436. Ibid., at p. 445 and see the special provision as to sale contained in s. 32 of the County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Vict. c. 71). (a) The Stdla (1867), L. E. 1 A. & E. 340. {h) Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), s. 547. (<;)

[to]



(c)

Ibid.,

(d)

County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Vict. c. 71), s. 3. Ibid., s. 3, and County Courts Admiralty Jurisdiction Amendment Act,

(e)

s.

526.

1869 (32 & 33 Vict. c. 51), s. 4. (/) Merchant Shipping Act, 1894 (57 such circumstances are, see p. 70, mite.

&

58 Vict.

c.

60),

s.

165



as to

what

In salvage

Wreck.

other cases,

Wages,

Byagree-