In any Admiralty cause of salvage, towage, or collision, Assessors the County Court judge may if he think fit, and on the request of either party must, be assisted by two nautical assessors, in the same way as the judge of the High Court is assisted by nautical assessors,1 who are advisers only, for, if the judge differs from them in opinion, he must give a decision in accordance with his view,2 In any Admiralty or maritime cause he may, if he think fit, or at the request of either party, be assisted by two mercantile assesors.3 Court has same Every inferior Court having Admiralty jurisdiction has, County as regards all causes of action within its jurisdiction, as ample powers of relief as the High Court in a similar power of case; and the rules of law of the High Court receive effect in all Courts in England, so far as the matters to Court. which such rules relate are cognisable by such Courts." relief as High Judgments are enforced in the same manner as in Enforceordinary civil causes in a County Court, except where ment of judgments. otherwise provided. For the execution of any judgment or order of a County Court in an Admiralty cause the Court has power to order, and the registrar on such order to seal and issue, and any officer of any County Court to execute, process according to General Orders, unless the owner have obtained an order for transfer. In an action against an unknown defendant, the vessel is not to be taken in execution, but may be arrested and detained, or 1 31 & 32 Vict. c. 71, s. 10. 2 The Aid, L. R. 6 P. D. 84; 50 L. J. Ad. D. 40. 3 32 & 33 Vict. c. 51, s. 5; County Court Rules, 1875, Ord. xxxiii., rr. 42-46. The assessors are paid according to the amount claimed, and these payments are, unless otherwise ordered, costs in the cause. 4 36 & 37 Vict. c. 66, s. 89. 5 S. 91. 6 31 & 32 Vict. c. 71, s. 12; County Court Rules, 1875, Ord. xix., r. 1. The exception is illustrated by the proceedings against an unknown defendant. 7 County Court Rules, 1875, Ord. xxxiii. rr. 23-28, 37 31 & 32 Vict. c. 71, s. 23. See above for transfer. Registration of kept under arrest, if already arrested. If the defendant become subsequently known and do not appear after notice, the property to which the cause relates cannot be sold in execution until notice of the judgment has been served on the owner.2 Judgments and orders are registered with the Registrar judgments. of County Court Judgments in London, and must be duly transmitted to him by the registrar of the County Court.3 The Act of 1858 provides for the remuneration of the registrar, and defines his powers.5 Costs. The costs allowed and Court fees charged in Admiralty causes in the County Courts depend upon the Act of 18686 and the County Court Rules, 1875.7 In salvage cases, under the Merchant Shipping Acts, they depend upon a table framed in pursuance of the Merchant Shipping Act, 1862.8 In default of any special direction by the judge, the costs abide the event.9 In actions in rem, where the amount claimed does not exceed 20l., the costs are allowed on the scale in actions above 201., unless the judge is of opinion that proceedings in rem ought not to have been Taxation taken, and otherwise orders.10 The rules relating to taxation of costs contained in the rules under the Act of 186811 of costs. 1 31 & 32 Vict. c. 71, s. 22; County Court Rules, 1875, Ord. xxxiii. r. 23. 2 R. 24. 3 31 & 32 Vict. c. 71, s. 24; County Court Rules, 1875, Ord. xxxvii. r. 51. 4 31 & 32 Vict. c. 71, s. 17. 5 Ss. 19, 20. 631 & 32 Vict. c. 71, s. 18. 7 County Court Rules, 1875; Scale of Costs; Treasury Order of Oct. 26, 1875, Sched. (B), Part IV. 8 25 & 26 Vict. c. 63, s. 69. 99 & 10 Vict. c. 95, s. 88, applied to the County Court in its Admiralty jurisdiction by 31 & 32 Vict. c. 71, s. 34. As to exercise of this discretion, where the defence of compulsory pilotage is set up without notice to the plaintiff, see County Court Rules, 1875, Ord. xxxiii. r. 32 have been superseded, and no others substituted by the County Court Rules, 1875.1 The forms to be used in Admiralty proceedings in the Forms. County Courts depend upon the County Court Rules, 1875.2 SECTION II. The City of London Court. Since the County Courts Act, 1867, the City of London Since 1867, a County Court has been practically a County Court. The rules Court. and orders in force for the time being for regulating the practice of and costs in the County Courts, and forms and proceedings therein, are in force in the City of London Court, to the exclusion of any rules and orders in force in that Court at the time of the passing of the County Courts Acts, 1867.3 The City of London Court, therefore, possesses the Admiralty jurisdiction of a County Court, and all the law relating to the Admiralty jurisdiction of the County Courts applies equally to this Court. limits. The jurisdiction of the City of London Court extends to Its local the districts of the County Court of Essex, holden at Rochford, Brentwood, and Romford; the County Court of Kent, holden at Dartford, Gravesend, Greenwich, and Woolwich; the Southwark County Court of Surrey; the Bow and Whitechapel County Courts of Middlesex; and the City of London Court.5 No judge, except the judge of the City of London Court, has Admiralty jurisdiction in the City of London. 1 See the table in the County Court Rules, 1875, contrasting the old and new County Court Rules. As to unnecessary expenses, see The Rio Lima, L. R. 4 Ad. 157; 43 L. J. Ad. 4. 2 See County Court Rules, 1875, Forms 243–261. 3 30 & 31 Vict. c. 142, s. 35. The Cargo ex Argos, ante, p. 106, was an appeal from the City of London Court. 5 Order in Council of Jan. 14, 1869. 31 & 32 Vict. c. 71, s. 2. I 1 Registra tion of Judgments are registered in the same manner as judg judgments. ments of the County Courts.1 Limits of its jurisdiction. Rules of practice. SECTION III. The Court of Passage at Liverpool. 2 This is an inferior Court, possessing a very ancient jurisdiction over causes of action arising within the Borough of Liverpool. Jurisdiction in Admiralty was first conferred upon it by the County Courts Admiralty Jurisdiction Act, 1868, which gives it the jurisdiction, powers, and authorities of the County Court of Lancashire, holden at Liverpool, as defined by Order in Council. The area of its jurisdiction is not extended by the Act of 1868, nor is it in any way taken away or restricted. The effect of the County Courts Admiralty Jurisdiction Act, 1868, and the Amendment Act, 1869, is to give jurisdiction to the Court in all cases where either the property to which the cause relates is within the jurisdiction, or where the owner of the property resides within the jurisdiction. The law relating to the Admiralty jurisdiction of the County Courts applies, as in the case of the City of London Court, equally to this Court." Rules of practice were framed under the powers of the 31 & 32 Vict. c. 71, s. 24; County Court Rules, 1875, Ord. xxxvii. r. 51. 2 Laughton v. Taylor, 6 M. & W. 695; 10 L. J. N. S. Ex. 57. 4 Order of Jan. 14, 1869. The local limits of the Admiralty jurisdiction of the Liverpool County Court, as defined by that Order, are the districts of the County Court of Cheshire, holden at Birkenhead and Runcorn, and the County Court of Lancashire, holden at Warrington, St. Helens, Liverpool, and Ormskirk. 531 & 32 Vict. c. 71, s. 25. 6 31 & 32 Vict. c. 71, s. 21. 7 The Dowse and The Alexandria, ante, p. 106, and other decisions, were Court of Passage cases. County Courts Admiralty Jurisdiction Act, 1868.' These rules must now be read subject to the rules framed after the Judicature Acts came into operation. By the last rules the practice of the Court of Passage is to be, mutatis mutandis, the same as that of the High Court.2 Costs depend upon the scale framed in pursuance of the Costs. County Courts Admiralty Jurisdiction Act, 1868.3 SECTION IV. Justices of the Peace. The Admiralty jurisdiction of justices of the peace is Their confined to cases of damage, salvage, and wages. jurisdic tion. Harbours The earliest jurisdiction was that given by the Harbours Under the Clauses Act, 1847, by which two justices have jurisdiction Clauses to determine claims in respect of injury done by any Act, 1847. vessel or float of timber to a harbour, dock, pier, or quay, where the amount claimed for damage does not exceed £50, and to cause the offending vessel to be distrained 4 and kept until the amount of damages and costs awarded by them has been paid.5 Disputes as to amount of salvage arising in the United Salvage. Kingdom (except within the Cinque Ports) are to be 6 referred to the arbitration of any two justices or a stipen- Under the diary magistrate, if the sum claimed does not exceed 131 & 32 Vict. c. 71, ss. 25, 35, confirmed by 32 & 33 Vict. c. 6; General Orders of Feb. 8, 1869. See Appendix. 2 Rules of Dec. 22, 1876. 3 General Orders of Feb. 8, 1869, Sched. I. The Rules of Dec. 22, 1876, do not contain any provision superseding or altering this scale. It seems that a distress cannot be levied while the ship is under arrest of the High Court: The Westmoreland, 4 Notes of Cases, 173 (a case of distress for wages, under 17 & 18 Vict. c. 104, ss. 188, 189). 5 10 & 11 Vict. c. 27, ss. 74, 75; Wear Commissioners v. Adamson, 1 Q. B. D. 546; L. R. 2 App. Cas. 743; 47 L. J. Q. B. D. 193 (H. L.). The Actif, 3 Jur. N. S. 893. 7 The words ". sum claimed" mean the sum claimed by the salvor Merchant |