"the High Court of Admiralty of England, and, as far as they cellor and "relate to fees, or to the receipt and expenditure of and ac- Judge of counting for money, with the approval of the commissioners Admiralty "of Her Majesty's Treasury."-31 & 32 Vict. c. 71, s. 36. 66 Court. In pursuance of these sections, a code of orders was framed 31 & 32 V'ict. in 1868. These orders, which were not dated, have been c. 71, s. 36. abrogated by "The County Court Rules, 1875," which deal with the practice in Admiralty actions by Order XXXIII. Sittings of County Courts for Admiralty causes. As regards the forms in Admiralty cases, it is to be noticed Forms. that the enactment just set out provides also for their regulation. And, accordingly, numerous forms in Admiralty causes are contained in the Schedule to "The County Court Rules, 1875." With regard to the days and places of the sittings of the County Courts for Admiralty purposes, not only have general orders been framed, in pursuance of the enactment just set out, regulating this subject, but another enactment of the same statute ("The County Courts Admiralty Jurisdiction Act, 1868") deals with the same subject. It will be convenient to consider (1.) the time of sittings; and (2.) the place of sittings. (1.) As to the time of sittings, the Judge is required, by an (1.) Time of enactment presently set out (o), to hold his Courts " may be after he shall have had notice of an Admiralty cause having arisen within the jurisdiction of the Court." And "The County Court Rules, 1875," further provide : as soon as sittings. "The days of the sitting of the Court shall be those Order "appointed for the transaction of the ordinary general business XXXIII. "of the County Court held in the city or town mentioned in rule 3.· "the name of the Court, or such other days as the Judge may "from time to time appoint for the trying of an Admiralty "action where from the detention of a vessel or otherwise a "prompt determination of the action is desirable."-Order XXXIII. r. 3. (2.) As to the place at which the sittings of the Court are to (2.) The be held, it is provided as follows by "The County Court place of sittings. Admiralty Jurisdiction Act, 1868" "The Judge of every County Court having Admiralty juris- 31 & 32 Vict. "diction shall hear and determine Admiralty causes at the c. 71, s. 13. "usual Courts held within his jurisdiction, or at special Courts "to be held by him, and which he is hereby required to hold "as soon as may be after he shall have had notice of an. "Admiralty cause having arisen within the jurisdiction of his "Court."-31 & 32 Vict. c. 71, s. 13. "The County Court Rules, 1875," moreover, contain the Order following provisions on the same subject: XXXIII. "The Judge may try or partly try the action at any place rule 1. "within the Admiralty jurisdiction of the Court."-Order XXXIII, r. 1. (0) 31 & 32 Vict. c. 71, s. 13, infra. 66 66 66 "Where application is made to the Judge for the trial or part trial of an Admiralty action at a place in which a County Court does not sit, the solicitor shall file a præcipe (p) undertaking to provide at his expense a place to the satis"faction of the Judge in which the action may be tried, and pay the necessary expenses of the Court and officers so "attending".-Order XXXIII. r. 2. 66 "The County Courts Admiralty Jurisdiction Act, 1868," by section 35, already set out (g), provides for the regulation of fees. In pursuance of the power therein contained, a Treasury Order, dated 26th Oct., 1875, which has already been set out (r), has been framed. This order is made in pursuance of certain therein specified Acts, and also "of all other powers," enabling a list of fees to be drawn up. The power contained in section 35 of "The Admiralty Jurisdiction Act, 1868," is included in this latter designation. In Schedule B, Part IV., of this Order, is a list of fees where the Court exercises jurisdiction under “The County Courts Admiralty Jurisdiction Acts, 1868 and 1869." The records of the Court are always open to the inspection of the public, subject to payment of a fee. A right to inspect records in a pending action is given to the parties by rules set out on a later page (rr). The following rule confers a general right of inspection :- 66 66 "In an action which is terminated, any person may, on delivering to the registrar a præcipe, and on payment of the proper fee, inspect the records in the action."-Order XXXIII. r. 40. The ordinary officers of the County Court (s) have jurisdiction and authority in Admiralty causes. On this subject "The County Courts Admiralty Jurisdiction Act, 1868,” in a section already set out (f), provides as follows: "The Judge and all officers of the Court shall have juris"diction and authority for those purposes (u) throughout the district, as if the same was the district of the Court for all purposes."-31 & 32 Vict. c. 71, s. 2. 66 66 The powers and duties of the various officers have already been very fully discussed (r), and they appear sufficiently in connection with the various stages of an Admiralty action (rz). They may, however, thus be summarised : : The Judge may fix the place, within the Admiralty district of the Court, at which a cause shall be tried (y). He also appoints the sittings of the Court in Admiralty (2). And he may summon to his assistance, in any Admiralty cause, two nautical assessors (a), or in any Admiralty or Mercantile cause, two mercantile assessors (b), who shall assist him in determining any such cause. The registrar issues summonses for service (c), and receives The registrar. payment of the deposit required from a plaintiff who wishes the appointment of assessors (d), prepares lists of assessors (e), and selects therefrom a certain number of persons to act as assessors (f). He also, it is presumed, is the person to keep the Admiralty Actions Book (g). Moreover "The County Courts Admiralty Jurisdiction Act, 1868," provides that : 66 oaths. "The registrar of a County Court shall have power to ad- Power to "minister oaths in relation to any Admiralty cause in a County administer "Court; and any person who shall wilfully depose or affirm falsely before the registrar in any Admiralty cause shall be 31 & 32 Vict. "deemed to be guilty of perjury, and shall be liable to all the "pains and penalties attaching to wilful and corrupt perjury." -31 & 32 Vict. c. 71, s. 19. c. 71, s. 19. "Evidence taken in any Admiralty cause before the registrar 31 & 32 Vict. "of a County Court, as the Judge of a County Court or general c. 71, s. 20. "orders shall direct, shall be received as evidence in any other "County Court, saving all just exceptions; and the registrar "of any County Court shall, for the purpose of the examina"tion of any witnesses within the district of that Court, have "all and the like powers and authorities of an examiner of the High Court of Admiralty of England, and evidence taken by "him in that capacity shall be received as evidence in the High "Court of Admiralty of England, saving all just exceptions." -31 & 32 Vict. c. 71, s. 20. 66 This section, it is to be noticed, gives the registrar of the County Court, for the purposes thereby indicated, the like powers and authorities of an examiner of the High Court of Admiralty of England (h). tion of registrars of County Courts in Admiralty. 31 & 32 Vict. c. 71, s. 17. As regards the remuneration of County Court officers, "The RemuneraCounty Courts Admiralty Jurisdiction Act, 1868," contains the following provision on the subject :— "The registrars of the County Courts shall be remunerated "for their duties in Admiralty Causes by receiving for their 66 own use such fees as general orders shall direct."-31 & 32 Vict. c. 71, s. 17. County Courts in Admiralty, besides what may be termed Assessors. their regular officers, also have attached to them assessors." 31 & 32 Vict. c. 71, s. 11, post, p. 742. (b) 32 & 33 Vict. c. 51, s. 5, post, p. 742. Ord. XXXIII. r. 6, post, p. 768. (d) Ord. XXXIII. r. 42, post, p. 744. 31 & 32 Vict. c. 71, ss. 14, 15, and 16, post, p. 743. (f) Ord. XXXIII. r. 45, post, p. 744. (g) Appendix II. Form No. 261. 66 (h)For the Powers and Authorities of an Examiner see Coote's Admiralty Practice (2nd ed.) p. 63 et seq. Two kinds of (1.) Jurisdic- 31 & 32 Vict. 31 & 32 Vict. c. 71, s. 11. (2.) Jurisdic- any Admiralty case. Such assessors to County Courts in Admiralty may, it would seem, properly be regarded as "officers" of the Court, inasmuch as they are not selected indiscriminately as occasion may arise, but are from time to time selected quite independently of any pending actions and placed on a list (1), on which they remain until a new list is framed (k). Assessors in County Courts in Admiralty are of two kindsviz., nautical and mercantile. First nautical assessors may be called in to assist the Judge in certain cases. The cases in which nautical assessors may be called in are however only three in number-viz., salvage cases, (2) towage cases, and (3) collision cases. The jurisdiction to call in nautical assessors is contained in the following enactments of "The County Courts Admiralty Jurisdiction Act, 1868": 66 "In an Admiralty cause in a County Court the cause shall be "heard and determined in like manner as ordinary civil causes are now heard and determined in County Courts; save and except that in any Admiralty cause of salvage, towage, or "collision the County Court Judge shall, if he think fit, or on "the request of either party to such cause, be assisted by two "nautical assessors in the same way as the Judge of the High "Court of Admiralty is now assisted by nautical assessors.' 31 & 32 Vict. c. 71, s. 10. "In any such Admiralty cause as last aforesaid, it shall be "lawful for the Judge of the County Court, if he think fit, " and he shall, upon request of either party, summon to his as"sistance, in such manner as general orders shall direct, two "nautical assessors, and such nautical assessors shall attend "and assist accordingly."-31 & 32 Vict. c. 71, s. 11. Secondly, mercantile assessors may, under "The County Courts Admiralty Jurisdiction Act, 1869," be summoned in any Admiralty action whatever. It is provided as follows: "In any Admiralty or maritime cause the Judge may, if he "think fit, or on the request of either party, be assisted by two 32 & 33 Vict.“mercantile assessors; and all the provisions of "The County c. 51, s. 5. "Courts Admiralty Jurisdiction Act, 1868,' with reference to "nautical assessors, shall apply to the appointment, approval, summoning, and remuneration of such mercantile assessors.' -32 & 33 Vict. c. 51, s. 5. List of assessors to be periodically made. 66 In order that there never may be wanting a due supply of fit persons to serve as assessors, provision has been made for the periodical framing of a list of assessors. These provisions, so far as they are statutory, are contained in "The County Courts Admiralty Jurisdiction Act, 1868," and therefore related originally to nautical assessors only. But it will be noted that () 31 & 32 Vict. c. 71, s. 14, infra, p. 743. (k) 1b. s. 16, infra, p. 743. section 5 of "The County Courts Admiralty Jurisdiction Act, 1869," by which the appointment of mercantile assessors is authorised, expressly enacts that "all the provisions of The "County Courts Admiralty Jurisdiction Act, 1868,' with re"ference to nautical assessors, shall apply to the appointment, approval, summoning, and remuneration of such mercantile "assessors. The following enactments regulate the formation of lists of assessors : 66 "The registrar of each County Court having Admiralty 31 & 32 Vict. "jurisdiction shall from time to time frame a list, to be ap- c. 71, s. 14. "proved by the Judge of the High Court of Admiralty, before "whom the same shall be laid by the County Court Judge, and "without whose approval it shall have no validity, of assessors, of persons of nautical skill and experience residing or having places of business within the district of the County Court, to "act as assessors in that Court, and shall cause the list to be published in the London Gazette."-31 & 32 Vict. c. 71, 66 66 8. 14. 66 66 "Every person named in the list of assessors so framed and 31 & 32 Vict. approved shall attend the County Court under such circum- c. 71, s. 15. stances, and in such rotation, and subject to such regulations, "and shall receive such fees for his attendance, as general "orders shall direct, and for every wilful non-attendance shall "be liable, at the discretion of the Court, to a penalty not "exceeding five pounds."-31 & 32 Vict. c. 71, s. 15. "Every assessor named in such list shall hold his office until 31 & 32 Vict. "a new list of assessors shall have been framed and approved c. 71, s. 16. "as aforesaid, or until he shall resign his appointment."-31 & 32 Vict. c. 71, s. 16. Assessors may, it will be noticed, be summoned under the above enactments, either at the instance of the parties or by desire of the Judge. By whom assessors may be required. By the Should a party to the action wish for assessors, such party is required (m), if he be the plaintiff, on filing his præcipe com- parties. mencing the action (n), or, if he be defendant, on filing the præcipe to enter appearance, to signify his desire to have the case tried with assessors, and then pay the fees prescribed (nn) by the Rules and Orders. In cases where neither of the parties to the action has de- By the Judge. manded assessors, the Judge may, of his own mere motion, direct them to be summoned. And in that case the fees prescribed must, in the absence of special directions, be paid by the plaintiff before the trial (o). Assessors are paid one guinea a day each in cases involving Fees to claims not exceeding £100, and two guineas a day each in assessors. (m) By Ord. XXXIII. r. 42, irfra. |