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(d) Jus

tices of the

Peace.
Salvage.

(d) An appeal from a salvage award by justices lies to the Admiralty Division of the High Court, provided that (1) the sum in dispute1 exceeds £50;2 (2) the appellant within ten days after the date of the award gives notice to the justices of his intention to appeal;3 (3) the appellant takes such proceeding as according to the practice of the Court of Appeal is necessary for the institution of the appeal within twenty days from the date of the award. The justices are to transmit to the proper officer of the Court of Appeal a certified copy of the proceedings 5 before from jus- them or their umpire, if any, and of the award made by them or him, together with a certificate of the gross value of the article respecting which salvage is claimed, such copy and certificate to be admitted as evidence in the Court of Appeal.' The valuation may be made by a

Proceed

ings on appeal

tices.

(b) The City of London

Court, (c) the

Court of Passage.

6

Appeals from the City of London Court and the Court of Passage
are governed by the same practice as from County Courts.
The pro-
visions of 30 & 31 Vict. c. 142, s. 35, seem sufficiently wide to include
prospectively the appeal by motion under 38 & 39 Vict. c. 50, s. 6:
The Dowse, L. R. 3 Ad. 135; 39 L. J. Adm. 46. It may be a ques-
tion how far 38 & 39 Vict. c. 50, s. 6, applies to an appeal from the
Court of Passage. The words of the County Courts Act, 1867, with
regard to the City of London Court, are more decisive than those of
the County Courts Admiralty Jurisdiction Act, 1868, with regard to
the Court of Passage. Any doubt upon the subject may be set at
rest by an order in Council, under the powers given in 38 & 39 Vict.
c. 77, s. 15.

1 The Andrew Wilson, Br. & L. 56; 32 L. J. Adm. 104.

2 The Mary Anne, Br. & L. 334; 34 L. J. Adm. 73; 17 & 18 Vict. c. 104, s. 464, and 25 & 26 Vict. c. 63, s. 49, when read together do not make the appeal depend on the claim being for £50 and upwards, and the value of the property saved £1000 and upwards; an appeal lies though the value of the property is under £1000: The Generous, L. R. 2 Ad. 57; 37 L. J. Adm. 37.

3 Verbal notice to the clerk of the justices is not sufficient: The Industry, 2 Hagg. Adm. 73 (decided previous to 17 & 18 Vict. c. 104).

4 17 & 18 Vict. c. 104, s. 464.

If necessary it seems that the High Court may grant a monition to the justices commanding them to transmit the proceedings.

6 On the appeal, the justices' certificate of value, if not conclusive, is of great weight: The Brothers, 2 Hagg. Adm. 195. Semble, that since 25 & 26 Vict. c. 63, s. 50, the certificate of the receiver would be of equal weight.

7 17 & 18 Vict. c. 104, s. 465.

valuer appointed by the receiver of wreck for the district, and such valuation is receivable in evidence. The receiver of wreck has power to sell property salved in certain cases if an appeal be not prosecuted within twenty days after a sum for salvage has become due, and to pay the salvage to the persons to whom it is due, and the surplus after payment of expenses and salvage to the persons entitled to it.2

tance of

disturb

On an appeal from an award of justices the burthen Relucof proof lies upon the appellant, and the High Court High is reluctant to disturb it, especially in cases of small Court to amount, as it relies to some extent on the local skill award. of the justices. The Court, however, will overrule the award when it is wholly inadequate, or has proceeded on a wrong principle.5 But the Court will not interfere simply because the apportionment is in some degree objectionable, the award being for a trifling sum.

dence.

New evidence may be admitted on the appeal, but New eviusually only as to matters which have arisen since the case was before the justices (noviter perventa), and with a liability to pay costs if it be introduced without sufficient cause."

Where there are two sets of salvors, and the first makes Two sets a claim summarily before justices, the second, if cognizant of salvors. of the claim, ought to intervene, and the hearing of an appeal will not be postponed until the case of the second salvors is ready for adjudication.8

Where the judgment of justices awarding salvage is Costs. reversed in part on appeal by the owners, the High Court

1 25 & 26 Vict. c. 63, s. 50.

2 17 & 18 Vict. c. 104, s. 469.

3 The Cuba, Lush. 15; 6 Jur. N. S. 152.

4

The Henry of Philadelphia, 1 Hagg. 264; The Messenger, Swa. 191; The Harriet, Swa. 219; The Cuba, supra.

5 The General Palmer, 2 Hagg. 323.

The Vesta, 2 Hagg. 192.

The General Palmer, supra; The Thomas Wood, 1 W. Rob. 18; The Generous, L. R. 2 Ad. 57; 37 L. J. Ad. 37.

The Eugene, 3 Hagg. 156.

1

(e) The Cinque Ports

sioners.

New evidence.

Objection to jurisdiction.

will not generally give costs. In appeals by salvors or owners, the High Court allows or disallows costs at its discretion.2

(e) An appeal lies from an award of Cinque Ports Commissioners to the High Court,3 concurrently with the Admiralty Court of the Cinque Ports: the practice on the appeal is the same in both Courts. The party dissatisfied with the Commissioners' award must, within eight days after the award, declare to the Commissioners whether he intends to proceed in the High Court or in the Cinque Ports Court, and he must proceed in the Court chosen within twenty days from the date of the award, by taking out a monition against the opposite party. Bail must be given in double the sum awarded. No ulterior appeal can be prosecuted.5 The mode of appeal is by rehearing.

New evidence may be adduced without the restrictions imposed in the case of appeals from County Courts and justices, the rule as to the exclusion of all but noviter perventa not applying to an appeal from an award of the Commissioners, which is in fact a rehearing.7

An objection to the jurisdiction of the Commissioners must be taken before them, and will not be allowed to be taken on the appeal after the appellants have been allowed to exhibit further proofs, on the express ground of noncompliance with the provisions of the Cinque Ports Act.8 If an appeal by salvors from an award of the Commisdamages. sioners be entered, and the vessel arrested, but the appeal

Costs and

1 The David Luckie, 9 "Monthly Law Mag." (Notes of Cases), 212; The Thomas and William, 10 ib. 215; Pritch. Adm. Dig. 107 n.

2 The Oscar, 2 Hagg. 257: The Vesta, 2 Hagg. 292; The Osiris, 2 Hagg. Adm. 135; The William Beckford, 3 C. Rob. 357.

3 1 & 2 Geo. IV. c. 76, s. 4.

4 S. 4.

5 S. 5.

6 The Caledonia, L. R. 4 Ad. 11; 42 L. J. Adm. 13. As to tender on appeal, see post, Part. II., O. xxx.

7 The Caledonia, supra.

8 The David Luckie, 9 "Monthly Law Mag." (Notes of Cases), 209; Pritch. Adm. Dig. 618; The Elise, Swa. 436.

be subsequently abandoned, the salvors may be condemned in all costs and damages caused by the latter proceedings.1 Costs of appeal are in the discretion of the Appellate Costs of Court, as in the case of an appeal from justices.2

appeal.

SECTION XII.

Appeals to the Admiralty Court of the Cinque Ports.

To this Court an appeal lies from—

(a) County Courts within the Cinque Ports.

The Admiralty Court of the Cinque Ports.

From (a)

Courts.

(b) The Commissioners within the Cinque Ports. (a) In case of an appeal from a County Court within the Cinque Ports, it lies either to the High Court or to this County Court. If it be brought in the latter, the instrument of appeal must be lodged in the registry of the Admiralty Court of the Cinque Ports.4

A transfer of a County Court case within the Cinque Transfer. Ports may be made to this Court instead of to the High Court.5

missioners.

(b) From a salvage award of the Commissioners within (6) Comthe Cinque Ports an appeal lies to either the High Court or this Court, at the option of the parties. The practice on the appeal is the same, in whichever Court the appeal is brought.7

1 The Gloria de Maria, Swa. 106.

2 See The David Luckie, The Thomas and William, The Henry of Philadelphia, The Oscar, ante, pp. 137, 138, all which cases seem equally applicable to justices and Cinque Ports Commissioners.

3 31 & 32 Vict. c. 71, s. 33.

4 Ib.

5 S. 8.

6 1 & 2 Geo. IV. c. 76, s. 4.

7 Ss. 4, 5.

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