Admiralty. on the ship's register having an interest in the vessel, on the same conditions as those stated above (/). Where the owners cannot be ascertained a notice must be given by advertisement, or otherwise as ordered by the Court, and within not less than ten clear days from receiving the notice the owners or persons interested may appear and apply for a rehearing (g). In all the above cases, in default of appearance within the time limited by the notice, a sale may be ordered by the Court (k). 312. On an order of sale being made a warrant of execution is issued (^), and under such warrant the high bailiff must employ an appraiser to make an inventory and valuation of the vessel, which may not be sold, except by order of the Court, at less than the appraised value (k) The appraiser is paid by prescribed fees, or, in default of any remuneration being so prescribed, is allowed 10s. per cent, of the appraised value and a reasonable sum for travelling expenses and maintenance (l), .
313. The high bailiff must pay the proceeds into Court with of the sale and a certificate of the appraiser, and any person interested in the proceeds may object to the account or the fees paid in the same manner as an objection is heard on taxation of costs {m). The property is delivered to the purchaser, and any costs incurred by the plaintiff in the execution are recoverable on taxation against the vessel or property (n).
an account
314.
Costs are generally
in
the discretion of
the
Court
(o),
which is exercised in Admiralty actions in accordance with the same principles as are applied in Admiralty actions in the Admiralty Division (p). The costs of all necessary correspondence (q), and also agent out of the district to obtain evidence, are to be allowed (r). An adjournment due to the neglect of a party to set up a defence of which notice should have been given before trial must be considered by the judge in his discretion as to costs (s). Where the amount recovered, or in the case of the defendant the amount claimed, does not exceed twenty pounds, costs, in the absence of a special order, are allowed under column B of the scale of costs {t). Where the amount in dispute exceeds £100, and the judge certifies that the action involved some novel or difficult of a solicitor necessarily acting as
(/) County Court Eules, 1903—1906, Ord. 39, rr. 59, 60. forms 408, 409. (g) Ord. 39, r. 61 (A) Ord. 39, r. 63. (i) Ord. 39, r. 64. (k) Ord. 39, r. 65. (l) Treasury Order, December 30, 1903, Schedule B, Part III., 46, printed in Statutory Eules and Orders for 1903, at pp. 1409—1412. (m) Ord. 39, rr. 66, 67. (n) Ord. 39, rr. 68, 69. (o) County Courts Act, 1888 (51 & 52 Yict. c. 43), s. 113. As to costs where a tender by act in Court has been accepted or pronounced for, see p. 96, ante, (p) See p. 103, ante, (q) Ord. 39, r. 109. (r) Ord. 39, r. 110. (s) Ord. 39, r. Ill, e.g., the defence of compulsory pilotage. (t) Ord. 39, r. 112 and see County Court Scales of Costs.
