Page:Halsbury Laws of England v1 1907.pdf/359

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Practice of Other Courts.

Part IV.

137

whole matter coming before the judge by way of appeal. The judge may refer the matter back to the Eegistrar or finally decide the same, and has a discretion as to the Before the hearing the parties in any action, except an costs ((/). action of salvage, may agree to an assessment of damages in the manner stated above {r) his reasons in support, the

Sect.

i.

County Courts in Admiralty,

.

310. Generally speaking, decrees of the county court in an Enforcement Admiralty cause are enforceable b}^ the ordinary methods of execu- of judgment, tion in use in the county court (s), except in the case of a judgment in rem, where, if the vessel has been released, judgment may be enforced against the parties giving bail or their sureties or against A note of every judgment must be the amount paid into Court (t). registered wdth the Eegistrar of County Court Judgments in London in accordance with the usual practice (a). 311. Where the may by judgment

vessel or property is under arrest the Court or order, subject to conditions hereinafter set The owner may on security for out, order a sale of the same (b). costs in ^10 apply for a transfer of the sale to the High Court of Admiralty, in which case the high bailiff shall retain possession of the vessel or property until possession is transferred to the Admiralty Marshal by order of the High Court all powers and authorities with regard to the same will thereafter vest in the High Court (c). Where at the time of judgment the owners of the vessel or property are known, the vessel or property may be arrested or kept under arrest (d), and may be sold with or without notice provided that in the case of a British-owned vessel any persons on the ship's register having an interest in the vessel, who are not before the Court, are entitled to service of notice of the judgment by praecipe and to appear within seven days of such notice in order to contest the sale by applying for a rehearing (e) Where at the time of the judgment the owners are unknown, the vessel or property may not be sold, but it may be arrested or kept under arrest Where they can be ascertained subsequently, personal service of notice of the judgment, or substituted service on affidavit that it is necessary, must be effected on the owners, and in the case of a British-owned ship on any persons

Sale of pro-

^^^^^ arrest



Sale where owners

known.



iq)

County Court Eules, 1903—1906, Ord.

(r)

Ord. 39,

r.

39, rr.

101—104



forms 399, 400.

95.

County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Yict. c. 71), 23 Ord. 39, r. 54. For form of judgment in personam., see form 395; for form of judgment in rem, see form 396. Ordinarily execution is levied under and in the manner described by the County Courts Act, 1888 (51 & 52 Vict. 0. 43), s. 146, and Ord. 25, rr. 1—25, of the County Court Eules, 1903—1906. (t) Ord. 39, r. 55. See forms 402, 403. (a) County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Vict. c. 71), s. 24; County Courts Act, 1888 Ord. 36, r. 2, of (51 & 52 Vict. c. 43), s. 183 the County Court Eules. (s)

ss. 12,





(h)

Ord. 39,

r.

56.

County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Vict. c. 71), s. 23 Ord. 39, rr. 70-72. {(i) County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Vict. c. 71), (c)



s.

22; Ord. 39, rr. 57, 58. (e) Ord. 39, rr. 57, 62 forms 404, 405, 410.

Where owners unknown.