Page:Halsbury Laws of England v1 1907.pdf/351

 — — Peactice of Other Courts.

Part IV.

129

Actions in personam for damage sustained in a collision between vessels and for claims under £S00 in respect of the use or hire of ships or the carriage of goods (r) may be brought on the common law side of any county court, whether having Admiralty jurisdiction or not (s), provided the claims are within the jurisdiction of the court is limited {t).

Sub-Sect.

Practice

2.

amounts

and Procedure

to

^^gt.

i.

County Courts in

Ad mira lty,

which the

(u),

282. Proceedings are commenced in the county court having Court in Admiralty jurisdiction within the district in which the vessel or which action property to w^hich the cause relates is at the commencement of the proceedings (a). Failing the possibility of applying this rule, that Court has jurisdiction in the district of which the owner of the vessel or property to which the cause relates or his agent in England resides, or, in the alternative, that Court the district of The extension of which is nearest to such place of residence (^). the county court jurisdiction to entertain actions in regard to charterparties and bills of lading (c) does not affect the application of these principles as to the Courts in which actions are to be commenced (cQ Where the vessel or property in question is at sea, the second of the above-mentioned provisions is applicable, notwithstanding the fact that the owners thereof are plaintiffs in the.

action

(e).

The general provision enabling a plaintiff' to commence an action in the district where the defendant dwells or carries on business In any case the parties is applicable to Admiralty actions (/). County Courts Admiralty Jurisdiction Amendment Act, 1869 (32

(r)

Tict.

c.

51),

s.

&

33

2.

(s) Notwithstanding sect. 5 of the County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Yict. c. 71). (t) R. V. Judge of Southend Count^j Court (1884), 13 Q. B. D. Scovell v. Bevan (1887), 19 Q. B. D. 428. The county courts have jurisdiction on their common law side in respect of the arrest of foreign ships causing damage to property, claims for wages etc., and the arrest of a ship for personal injuries caused by the owner's negligence (see p. 71, ante). Moreover the judge of a county court may be summoned to preside over a court of survey (Merchant Shipping Act, 1894 (57 & 58 Yict. c. 60), s. 487 ; see title Shipping aisid Navigation, as to courts of survey) and he, and not his court, has jurisdiction in appeals against pilotage bye-laws (see title Shipping and

M2





Navigation). {u) The practice and procedure is regulated by general orders made under the County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Vict. c. 71), s. 35. The references throughout this section to rules and forms are to the County Court Eules and Forms, 1903 1906, except where otherwise indicated. (a) County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Yict. c. 71),

—

«.

21

(1).

31 & 32 Yict. c. 71, s. 21 (2). "Agent in England" means a person acting for another person in relation to the vessel or property proceeded against at the time of service of process {The Citij of Agra, [1898] P. 198). [h)

County Courts Admiralty Jurisdiction Amendment Act, 1869 (32

(c)

Yict. {d)

c.

&

33

s. 2.

The Countij of Durham, [1891] P.

-

(e)

51),

Pugsley

v.

Rophins,

[1892]

1.

B.

2

Q.

&

52 Yict.

184



The County of Durham,

supra.

if)

County Courts Act, 1888

H.L.

—

T.

(51

c.

43),

s.

74;

The Hero, [1891]

K

^^^^^^^^^^^

•