Page:Halsbury Laws of England v1 1907.pdf/324

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Admiralty.

102 Sect.

1.

Actions in rem. Shorthand note of evidence.

cases where the hearing is attended by the Trinity Masters a is also payable in the registry in respect of the registrar writing for the attendance of the Trinity Masters (/). all

Court fee of 10s.

209. The evidence of every witness examined orally in Court is taken down in shorthand by the official shorthand writer appointed by the Court or by one of his assistants, and a transcript of the evidence so taken down is always available for the purposes of an appeal (g).

Copies of pleadings.

210. Ten printed copies of the pleadings in the suit and of any evidence taken on commission or before an examiner or commissioner are brought into the Admiralty Kegistry for the use of the Court, the Trinity Masters, the Kegistry and the shorthand writers.

Inspection

Where Trinity Masters are present at the hearing of an and the judge considers it expedient that before the case is decided there should be an inspection of any vessel or property, the Trinity Masters usually undertake the inspection and report the

by Trinity Masters.

211.

action,

result to the judge (Ji). An application for an order for inspection

by the Trinity Masters ought not to be made where the condition of the vessel can be proved by the evidence of witnesses (i). Amount

of

damages not generally decided in Court.

212. Questions as to the amount of damages to be recovered in the action are not generally entertained by the judge at the hearing, and the evidence of the witnesses examined before him is accordingly generally confined to questions of liability, it being the usual practice both in actions in rem and actions in personam to refer all (/) Order as to Supreme Court Fees, 1884, Schedule, No. 54. {(j) As to the correction of a mistake in the shorthand writer's transcript, see The Knutsford, [1891] P. 219. The fees payable to the official shorthand writer are as follows

d.

For the hearing

For For

any

when

witnesses are examined, such cases including cross actions or claims and counterclaims the second and following days the hearing of a salvage action where witnesses are called, first of

collision case

day For any subsequent day or where witnesses are not called For hearing of two or more consolidated salvage actions where witnesses are called for the claim having conduct, first day... each other claim each other claim if more than two ... 0 10 any subsequent day for the claim having conduct 1 1 each other claim 0 10 attending to take a reserved judgment 1 1 attending reference room, for each reference 1 1 Except where two ships have been held to blame, and the opposijig claims are examined on the same day, for each claim ... For a case called on in Court and settled before witnesses are called For attending to take a judgment in Court of Appeal For attending to take judgment on appeal to a Divisional Court, or on a hearia'g in objection to the Eegistrar's report 0 10 6 The amount per folio payable in respect of a transcript of the shorthand .writer's notes is M. a folio. {h) Admiralty Court Act, 1861 (24 Yict. c. 10), s. 18. 0") The Victor Oovacevich (1885), 10 P. D. 40.

For For For For For For