Court to take measures for of such deceased plaintiff or plaintiffs, and shall be recoverable as a debt by simple contract. X. And be it further enacted, That the Court in ascertaining which any such bill shall be filed as aforesaid, shall vessels, &c. be and is hereby authorized and empowered to take Costs to be taxed. No new bills under cer stances. all such measures as to such Court shall seem just for ascertaining the value of the ship or vessel, appurtenances and freight, the amount of the losses or damages claimed by the defendants thereto respectively, and all such matters and things as shall be necessary for the purposes of justice in such suit, and for payment and distribution of the value of such ship or vessel, appurtenances and freight, amongst the several persons entitled thereto, and generally to do therein as shall appear to be just; and the costs of all such proceedings shall be paid by the plaintiff or plaintiffs in such suit, unless such Court shall think fit otherwise to order. XI. And be it further enacted, That all costs to be paid by the plaintiff or plaintiffs in any such suit in a Court of Equity as aforesaid, shall be taxed and settled as between attorney and client, if the Court shall think fit so to order. XII. Provided also, and be it further enacted, to be filed but That if any such bill shall be filed, and shall aftertain circum- wards be dismissed by reason of any such default of the plaintiff or plaintiffs therein, as hereinbefore provided, or under any order of the said Court for that purpose, no new bill shall be filed by the same plaintiff or plaintiffs, or his, her or their representatives, or by any other part owner or part owners of the same ship or vessel, unless the Court in which such bill shall have been filed shall order such dis mission to be without prejudice to the filing of a new bill, either absolutely or under such conditions as to the said Court shall seem just. any Interest of money paid XIII. And be it further enacted, That if money shall be paid into any such Court of Equity into Court to belong to entitled to as aforesaid, in respect of the value of any such ship the parties or vessel, appurtenances or freight, all interest and the principal. profit made thereof whilst such money shall remain in Court shall be considered as belonging to the parties in such suit who shall appear to be entitled to the principal money or proportions thereof respectively, and shall be divided and distributed accordingly; and if security shall be given for such value, or any part thereof, the same shall bear interest, and such interest shall be applied in like manner. by one part equally bind others. XIV. And be it further enacted, That if any such Any bill filed bill shall be filed as aforesaid by any part owner or owner, to be part owners of any ship or vessel, on behalf of him- ing on the self, herself or themselves, and the other part owners, such bill shall bind all such other part owners and their representatives in the same manner as they would have been bound if parties plaintiffs to such bill; and if after the filing of any such bill any of the plaintiffs or other part owners shall die, the right of action against such part owners so dying, founded on any tort or wrong, shall not thereby be lost, but it shall be lawful to proceed against the respective representatives of the part owners so dying, in the same manner as might have been if such right of action had been founded on contract. XV. And be it further enacted, That if any suit for any such loss or damage as aforesaid shall be instituted or depending in any Court competent to act Any Court competent to act as Court of Equity, to be deemed such for pur- as a Court of Equity for, the purposes of this Act, poses of Act. such Court shall, and is hereby authorized and em Money paid for damage counted for. powered to proceed in such suit for such purposes, in the same manner, and under the same regulations and with the same powers as are herein given to Courts of Equity, so far as the same are applicable to the nature of such Court and the forms of proceedings therein, and such Court shall use all such means as a Court of Equity is by this Act empowered to use for the purposes of this Act. XVI. And be it further enacted, That all and how to be ac- every sum and sums of money which shall be paid for or towards or on account of any loss or damage, in respect whereof the responsibility of the owners of any ship or vessel is limited by this Act, or by the said Acts or either of them, or any costs incurred in relation thereto, shall and may be brought into account among the part owners of the same ship or vessel in such and the like manner as money disbursed for the use thereof. Public Act. XVII. And be it further enacted, That this Act shall be deemed and taken to be a public Act, and shall be judicially taken notice of as such by all Judges, justices and other persons whomsoever, without the same being specially pleaded. INDEX. A. ABANDONMENT OF ACTION, in case of death, how compelled, 261. ACCIDENT, relief granted in Equity, in case of, 160, 180. against judgments and legal proceedings, 160, 180. definition of term, 180. case of lost documents, 181. to executors and administrators, 181, 182. when relief not granted, 182. to trustees and receivers, 183. when relief refused, 183. instances of relief granted, 184. ACCOUNT, And see RELIEF. 1. Order to keep, when injunction refused, 123. 2. Of stamp duties, &c., paid at trial, 228. 3. Matters of, may be summarily decided by judge, 211. may be compulsorily referred before trial, 211. may be referred by judge at trial, 212. 4. Complicated accounts, when relief granted, 198, n. (z). ACQUIESCENCE, of party applying for an injunction, 97. See INJUNCTION. when relieved against in equity as constructive fraud, 173, 174, unless such as not to mislead, 174, n. (h). ACT, 17 & 18 Vict. c. 125. how far to extend to Ireland or Scotland, 267, 268, ACTION, to obtain a mandamus, 243. See MANDAMUS. upon lost instruments, proceedings in, 256. how to compel abandonment, or continuance of, in case of death, 261. interpretation of term, 265. ADJOURNMENT, of trial may be ordered by Court or Judge, 220. ADMINISTRATORS, relieved in equity in case of accident, 181, 182. ADMISSIONS, of attested instrument, when allowed, 225. of document wrongly stamped, or not stamped, 227. AFFIDAVITS, in answer to affidavits on new matter, 232. examination of person refusing to make, 234. proceedings before examiner, 234, 235. upon application for an attachment of debts, 240. upon application for injunction, 109, 133. See INJUNCTION. by party, and his attorney, 236. form of, 236. if party interrogating cannot make affidavits, 236. time may be extended, 236. For Inspection and Discovery, practice with respect to, 50. what party requiring inspection, should state, 51. what party resisting inspection, should state, 55, 57. |