the registrar of ecclesiastical and maritime appeals within the proper time. The Appellate Court has power conferred upon it to Enforceenforce its decrees and punish contempt.1 If the judge of a Vice-Admiralty Court from which an appeal is brought has disregarded an inhibition forbidding him to proceed further in the case, a citation is issued by the Court against him, calling on him to answer articles touching his contempt, and followed by monition and attachment in case of disobedience.2 The judge must not disregard the inhibition, although he may consider that he is acting for the benefit of all parties.3 ment of decrees. able value. Appeal on The rule as to appealable value apparently varies in the Appealdifferent Courts. No appeal lies for costs only. As to Appeal for appeal on the facts, the Judicial Committee have refused costs. to lay down any exclusive rule; but they are most reluctant facts. to come to a conclusion different from that of the Court below merely upon a balance of testimony. In appeals from Vice-Admiralty Courts, the Appellate Court endeavours to find out the real merits of the question, without requiring that rules of practice should be strictly conformed to. In appeals as to the amount of salvage, the Judicial Appeal Committee, like the High Court, is reluctant to review vage cases of salvage decided in Vice-Admiralty Courts, but award. will, if the justice of the case requires it, increase the amount.7 Burslem, 4 Moo. P. C. 300. See also Logan v. Burslem, 4 Moo. 1 3 & 4 Will. IV. c. 41, ss. 21, 28; 6 & 7 Vict. c. 38, ss. 7-9 ; 7 & 8 Vict. c. 69, s. 12; Lapraik v. Burrows, 13 Moo. P. C. 132. Barton v. Reg., 2 Moo. P. C. 19; Martin v. Mackonochie, 7 Moo. P. C. N. S. 254; Macph. P. C. Prac. 219. 3 Barton v. Field, 4 Moo. P. C. 273. The Orient, L. R. 3 P. C. 696; 8 Moo. P. C. N. S. 74 (appeal from High Court); Wilson v. Reg., L. R. 1 P. C. 405; 4 Moo. P. C. N. S. 307 (appeal from Vice-Admiralty Court). 6 The Alice, L. R. 2 P. C. 245 (see Pt. II., O. lviii., note). The Sally, 2 C. Rob. 229; The Le Louis, 2 Dods. 239. 7 The Scindia, L. R. 1 P. C. 241; 4 Moo. P. C. N. S. 84; 35 L. J. P. C. 53. from sal Admission of further evidence. Jurisdiction of Further evidence is admissible upon the appeal, but it can only be adduced after leave is given.1 The Judicial Committee, on an appeal from a ViceAppellate Admiralty Court, has not more extended jurisdiction than the Court of first instance.2 Court. Cause remitted or retained. Costs and After a decision has been given upon the appeal, the cause may be either remitted or retained, or the cause may be remitted, whilst the taxation and enforcement of costs is retained.3 The successful party will, as a rule, be entitled to the damages. costs of appeal. But costs may be disallowed at the discretion of the Court, if there is good reason for this course. The costs must be asked for at the hearing. Taxation of costs is allowed, as in the other Superior Courts. Damages and costs below, as well as the costs of appeal, may be awarded to a successful appellant. Rules of practice. The practice depends upon the rules framed in pursuance of 6 & 7 Vict. c. 38,9 and affirmed by Order in 1 Guimaraens v. Preston, 4 Moo. P. C. 167; 6 Jur. 879; Hocguard v. Reg., 11 Moo. P. C. 155. In The Scindia, L. R. 1 P. C. 241, leave was refused. 2 The John, 2 Hagg. Adm. 305 (in the Court of Admiralty before the Act of 1833). 3 Macph. P. C. Prac. 206. The remitter may be allowed to proceed with the case, to transmit evidence, or to decide upon evidence, Macph. P. C. Prac. 142, 144. In The Slave Grace, 2 Hagg. 134, Lord Stowell remitted a case affirmed on appeal back to a Vice-Admiralty Court that costs and damages might be decreed. 4 Order in Council of June 13, 1853. Macph. P. C. Prac. 255; App. 56. In an appeal against an apportionment of salvage between the seamen and the master, the owners, who were cited and appeared as respondents, were allowed costs up to the time when notice was given that no relief would be sought against them: The Castlewood, 4 Asp. M. C. 278. 5 Macph. P. C. Prac. 256. 6 Macph. P. C. Prac. 161. 7 The costs are taxed by the registrar of the High Court (Admiralty Division) in his capacity of Registrar of Ecclesiastical and Maritime cases, 6 & 7 Vict. c. 38, s. 12. Rolet v. Reg., L. R. 1 P. C. 198; 4 Moo. P. C. N. S. 41; Casanovo v. Reg., L. R. 1 P. C. 268; 4 Moo. P. C. N. S. 121; 36 L. J. P. C. 3. See the mode of procedure in a maritime appeal set out in Pritch. Adm. Dig. Appendix, ad fin. Council. The forms to be used are contained in a Schedule to the Order.1 The scale of fees depends upon an Order in Council Fees. framed in 1842.2 Court of The Admiralty that the Cirque (d) Appeals to the Judicial Committee are prosecuted (d) The from the Admiralty Court of the Cinque Ports.3 Committee will not interfere with salvage awards by Court, unless clearly erroneous.1 Ports. SECTION XI. Appeals to the High Court of Justice. To the Admiralty Division of the High Court an appeal 2. The lies from the decisions of (a) The County Courts, (b) The City of London Court, (c) The Court of Passage,5 High (d) Justices of the Peace, (e) The Commissioners within the Cinque Ports. the County (a, b, c) An appeal from a County Court, the City of From (a) London Court, or the Court of Passage may be brought Courts, &c. before the High Court, either by instrument of appeal or by motion.8 1 Order of Dec. 11, 1865. 2 Orders of 10 and 11 Aug., 1842. 3 Itself a Court of Appeal from the Commissioners. See post, pp. 138, 139. 4 The Clarisse, 12 Moo. P. C. 340; Swa. 129. subject of this section, Pt. II., O. lviii., Appeals. The Dowse, L. R. 3 Ad. 135; 39 L. J. Ad. 46. See on the whole 36 & 37 Vict. c. 66, s. 34. Admiralty Appeals from Inferior Courts are, by special exception in Ord. lviii., r. 19, of the Rules of the Supreme Court, 1875, to be assigned to the judge of the Admiralty Division, until further order. 7 See The Ganges, L. R. 5 P. D. 247; 43 L. T. N. S. 12, as to Court of Passage. No rules to regulate the practice on appeal under the County Courts Admiralty Jurisdiction Act, 1868, were framed. But by rule 77 of the General Orders of 1868 the rules, orders, practice and forms in actions in the County Courts were to be, subject to Appeal If by the former, the instrument of appeal must be under County lodged in the registry of the High Court within ten days Courts of the date of the decree or order appealed from, but the Admiralty Jurisdic- judge of the Admiralty Division1 may allow an appeal to tion Act, be prosecuted after that time has elapsed on sufficient cause being shown. No appeal is allowed where the parties have agreed that the decision of the County Court shall be final, or where the amount decreed or sued for does not exceed £50. The appeal lies as of right from a final decree or order, and by permission of the County Court judge from any interlocutory decree or order.5 Security for costs of the appeal must be given in the County Court before lodging the instrument of appeal in the registry of the High Court. The costs of appeal are to be paid by the appellant, if unsuccessful, unless the Appellate Court otherwise directs." Costs. Appeal under County In an appeal by motion, the motion must be made in the Admiralty Division within eight days of the ruling, 8 those Orders, adopted with reference to Admiralty suits, so far as applicable. This rule has been repealed by the County Court Rules, 1875 (see the table comparing the old and new County Court Rules), and it is therefore most probable that Ord. xxix. of the Rules of 1875, relating to appeals from County Courts by special case, has no application to appeals from County Courts as Courts of Admiralty. Since the Judicature Acts, 1873 and 1875, an application for leave to appeal is rightly made to the judge of the Admiralty Division sitting as a judge of the High Court of Justice: The Two Brothers, L. R. 1 Ad. 52; 45 L. J. Adm. 47. 231 & 32 Vict. c. 71, s. 27. There is no appeal from this decision: The Amstel, L. R. 2 Ad. D. 186; 37 L. T. Ñ. S. 138. 3 S. 28. 4 S. 31. The Falcon, L. R. 5 P. D. 100; 47 L. J. Ad. D. 56. If a tender is upheld this is the amount "decreed ": The Fyenoord, 34 L. T. N. S. 918; 3 Mar. L. C. N. S. 218. 5 The Elizabeth, L. R. 3 Ad. 33; 39 L. J. Adm. 53. 6 31 & 32 Vict. c. 71, s. 28. The Forest Queen, L. R. 3 Ad. 299; Security for costs must be given in 8 For an example of such an appeal by motion, see The Glannibanta, L. R. 2 Ad. D. 45; 36 L. T. 27. Act, 1875. Court order, direction, or decision of the County Court judge. Courts It is ex parte in the first instance. If the High Court be Notes of not sitting, the motion may be made before a judge of the County Supreme Court in Chambers. A copy of the notes of the judge. County Court judge is to be used and received on the motion and on the hearing of the appeal;1 and the judge should, when informed of the appeal, give his reasons in writing for his decision. The County Court Rules as to appeal by special case do not apply to appeal by motion.3 On an appeal from a suit in rem in a County Court, which is dismissed, plaintiffs are entitled to a warrant from the High Court to re-arrest the ship. The High Court Evidence. may, under very exceptional circumstances, order witnesses to be examined viva voce at the hearing of a County Court Appeal, but only those who were examined in the Court below will usually be examined on the appeal, or may receive new evidence; but it will only do so under very exceptional circumstances. On an appeal by motion, the appeal may be on facts. Appeal by motion lies in all cases, whether leave to appeal is necessary or not.8 138 & 39 Vict. c. 50, s. 6. Before this Act it was held that whenever an appeal was probable, notes of the evidence given in the County Court should be taken by a reporter duly appointed: The Busy Bee, L. R. 3 Ad. 527; 26 L. T. N. S. 590; General Orders under Act of 1868, r. 32. But this rule is repealed, and not re-enacted by the County Court Rules, 1875. 2 The Rathwaite Hall, 32 L. T. N. S. 841; 2 Mar. L. C. N. S. 210. County Court Rules, 1875, Ord. xxix., r. 12. If there is a difference between the notes of the County Court judge and those of the short hand writer, the Court will rely on the former: The Rathwaite Hall, 32 L. T. N. S. 841; 2 Mar. L. C. N. S. 210. 4 The Miriam, 43 L. J. Adm. 35; 30 L. T. N. S. 537. The Friar, 32 L. T. N. S. 572; 44 L. J. Ad. 49. The The Busy Bee, L. R. 3 Ad. 527; 26 L. T. N. S. 590. The C. S. Butler, L. R. 4 Ad. 238; 43 L. J. Adm. 17. Moorsley, 29 L. T. N. S. 663 (on ground of surprise). In one case an order was made for the appeal to be heard on vivâ voce evidence where no short hand writer's notes had been taken, and it was doubtful if the judge had taken notes: The Confidence, 4 Asp. M. C. N. S. 79. 7 For appeal upon facts in the Probate, Divorce and Admiralty Division, see Sugden v. Lord St. Leonards, 1 P. D. 154; 45 L. J. Prob. 49. 8 Turner v. G. W. R. Co., 2 Q. B. D. 125; 46 L. J. Q. B. 226. |