Page:Halsbury Laws of England v1 1907.pdf/358

 Admiralty. day for trial may be appointed (e). The action will be heard by the judge alone or by the judge assisted by assessors, and there is no power to summon a jury to try the action (/). The case is heard and determined according to the ordinary rules of procedure of the county court (g). In actions of salvage, towage, or damage, the judge may in his discretion, or at the request of either party, be assisted by two nautical assessors, as in the High Court (h). A list of suitable persons to act as assessors is framed by the Eegistrar after the persons included have been approved by the President of the Admiralty Division. The assessors are summoned by the Eegistrar©. Attendance is by rotation, subject to a penalty of five pounds for wilful non-attendance {k). The party requiring the presence of assessors must deUver a praecipe to that effect and at the. same time pay to the Eegistrar as remuneration for each assessor the sum of one guinea or two guineas, according as the amount claimed in the action does not or does exceed £100, and the same fees are payable for each day's attendance. Where assessors are summoned by the Court or in case of adjournment the assessors' fees are payable by the plaintiff (/).

307. In any Admiralty or maritime cause the judge may in his on the request of either party, be assisted by two mercantile assessors; and all the provisions set out above apply to such discretion, or

assessors

(in).

cases except salvage the judge may decide the rights and refer the question of damages to the Eegistrar, or to the Eegistrar and assessors, upon a day appointed by the Eegistrar on four days' notice to all parties (n), subject to a right of adjournment by him (o). Evidence may be oral or by affidavit, where necessary, subject to a right of cross-examination upon the

308. In

all

of the parties

affidavits

(^j).

309. The Eegistrar on conclusion of the reference makes a report with an order as to costs, which within seven days after notice of the same may be objected to by either party, and the Eegistrar within seven days of notice of objection may file a statement of County Court Rules, 1903—1906, Ord.

(e)

39,

r. 3.

(/) County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Yict. c. 71), s. 10 The Theodora, [1897] P. 279 The Tynwald, [1895] P. 142. (g) County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Yict. c. 71), s. 10; County Court Rules, Ord. 22. It appears that the order of speeches will follow this rule. Evidence will follow the practice of the Admiralty Division.



See

p. 102, ante.

(//)

ss.

County Courts Admiralty Jurisdiction Act, 1868

(31

&

32 Yict.

c. 71),

(31

&

32 Yict.

c.

10, 11. (i)

(k)

rr. 89—91, Porm of Summons No. 393. County Courts Admiralty Jurisdiction Act, 1868

Ord. 39,

71),

ss. 14, 15. {I)

Ord. 39,

rr. 88, 92.

(m) County Courts Admiralty Jurisdiction Act, 1869 (32 {n) Ord. 39, rr. 96, 98; form 398. (o) Ord. 39, r. 99. (p) Ord. 39, r. 100.

& 33

Yict.

c. 51), s. 5.