PART V. CHAP. II. Registration of decrees and orders. Travelling expenses, sum reasonably paid, but not more than sixpence per mile, one way. If the witnesses attend in more than one suit, they will be entitled to a proportionate part in each suit only. No. 14. Final Decree or Order. In the county court of holden at [Seal.] do recover against the sum of pounds It is this day decreed that the plaintiff A. B. of the defendant [or defendants] C. D. of [in a suit for salvage, for services rendered to the above vessel; or in a suit for towage, for services rendered in towing the said vessel; or in a suit for necessaries, for necessaries supplied to the said vessel; or in a suit for wages, for wages in respect of services rendered on board the said vessel; or in a suit for damage to cargo, for damage caused to the cargo carried in the said vessel; or in a suit for damage by collision, for damage caused to the said vessel by the defendant's vessel the [the description and name of the vessel which caused the damage],] together with the costs of this suit. And it is ordered that the defendant [or defendants] do pay the same to the plaintiff or his attorney within days [add where the name of the defendant is known, and that in default thereof the registrar shall upon the application of the plaintiff or his attorney issue a warrant of execution against the vessel or property of the defendant]. Given under the seal of this court this day of By the court, 187 . Registrar of the court. Registration of Decrees and Orders.]-" The County Courts Admiralty Jurisdiction Act, 1868," enacts that Sect. 24. "Such decrees and orders of county courts in admiralty causes as general orders shall direct shall be registered with the registrar of county court judgments in London in such manner as general orders shall direct" (b). The Orders provide that 33. "A note of every final decree or order made in any suit shall within seven clear days from the making thereof be transmitted by the registrar to the registrar of county court judgments in London, according to the form annexed” (c). Decrees in § 10.-ENFORCement of Decrees. "The County Courts Admiralty Jurisdiction Act, 1868," enacts that, Sect. 12. "The decree of the county court in an admiralty cause shall county courts be enforced against the person or persons summoned as the defendant in admiralty capses to (b) 31 & 32 Vict. c. 71, s. 24. final decree or order is accordingly given with the rules, but it is unnecessary to insert it here. or defendants in the same manner as the decrees of the said court are enforced in ordinary civil causes, save and except as in this act otherwise provided." PART V. CHAP. II. have same force as those causes. For the mode of enforcing payment and other performance of in civil orders in actions (i. e., "ordinary civil causes") see ante, Vol. I. p. 74, and pp. 304–355. Sect. 23. "For the execution of any decree or order of a county court Power to in an admiralty cause the court may order, and the registrar on such issue process. order may seal and issue, and any officer of any county court may execute, process according to general orders; provided that where under such process a vessel or property would or might be sold, then, if the owner of the vessel or property desires that the sale should be conducted in the High Court of Admiralty instead of in the county court, he shall be entitled, on security for costs being first given, and subject and according to such other provisions as general orders direct, to obtain an order of the county court for transfer of the proceedings for sale, with or without (as the judge of the county court thinks fit) the transfer of the subsequent proceedings in the cause, to the High Court of Admiralty, which court shall have jurisdiction and all powers and authorities relating thereto accordingly" (d). The following rules relate to the enforcement of decrees:- 39. "Where an attorney is desirous of obtaining the committal or warrant of execution against the goods of a party who has neglected to obey the order of the court to pay a sum of money, he shall file a præcipe for a summons for commitment, or for a warrant of execution against the goods, and thereupon such a summons or warrant shall be issued." 40. "Where a decree has been obtained against an unknown defendant the vessel or property to which the suit relates shall not be taken in execution, but it may be arrested and detained under the provisions of section twenty-two of The County Courts Admiralty Jurisdiction Act, 1868,' or kept under arrest, if already arrested." 41. "Where a decree has been obtained in a suit against an unknown defendant, and the name of the defendant is subsequently ascertained, the adverse attorney may file a præcipe stating the name, address, and description of the defendant, and thereupon the registrar shall issue to the attorney, or if required to the bailiff for service, a notice of the decree stating that if the defendant does not within four clear days from the day of service file a præcipe applying for a rehearing of the suit, the vessel or property to which the suit relates will be sold in execution." 42. "The notice shall be served personally upon the defendant, unless the judge, or in his absence the registrar, shall upon facts duly verified upon affidavit allow of substituted service." Execution against Vessel.]- 43. "Where under a warrant of execution a vessel is seized, the high bailiff shall before selling the same cause an inventory to be made by an appraiser, and the vessel shall not be sold for less than the appraised value thereof, except by order of the court." (d) 31 & 32 Vict. c. 71, s. 23. PART V. CHAP. II. 44. "On the completion of the sale the high bailiff shall pay the proceeds arising therefrom into court, return the warrant, and file an account of the sale signed by him, together with the certificate of appraisement signed by the appraiser." 45. "On the completion of the purchase the high bailiff shall deliver up the property to the purchaser, and if required so to do shall execute a bill of sale to him." No. 15. Præcipe for a Warrant of Execution. [Admiralty Jurisdiction.] I, S. R., attorney, do require the goods of C. D., of of the day of as his attorney, the sum of [Seal.] a warrant of execution to issue against who was ordered by decree of this court 187 to pay to the plaintiff or myself, pounds for [here insert for what the sum was ordered to be paid], and who has not paid the said sum as so No. 16. Warrant of Execution against the Vessel or Property of Defendant. [Admiralty Jurisdiction]. a decree in this court against the defendant for the sum of £ : day And whereas default has been made in payment according to the said order: These are therefore to require and order you forthwith to make and levy by distress and sale of the goods and chattels of the defendant, wheresoever they may be found within the district of this court (except the wearing apparel and bedding of him or his family, and the tools and implements of his trade, if any, to the value of five pounds), the sum stated at the foot of this warrant, being the amount due to the plaintiff under the said order, including the costs of this execution; and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialties or securities for money of the defendant which may there be found, or such part or so much thereof as may be sufficient to satisfy this execution and the costs of making and executing the same, and to pay what you shall have so levied to the registrar of this court, and make return of what you have done under this warrant immediately upon the execution thereof. Given under the seal of the court, this To the high bailiff of the said court, day of By the court, 187 Registrar of the court. PART V. Appraisement.]— 54. "The registrar may, on the application of either attorney, and whether before or after judgment, order any property under arrest to be appraised" (e). Transfer of Sale.] 46. "Where the vessel has been arrested or has been seized under a warrant of execution, and the sale of the vessel has been ordered to be transferred, the vessel shall be retained by the high bailiff until the marshal of that court shall, by order of the High Court of Admiralty, take possession thereof." 47. "An attorney desiring that the sale of any vessel or property should be conducted in the High Court of Admiralty may at any time after judgment give security to the amount of ten pounds, and file with the registrar an application for an order for the transfer of the proceedings for sale to the said court." 48. "The registrar shall transmit such application to the judge for his order thereon, if the court be not sitting, and shall in any case certify on the application that the security for costs has been given” (ƒ). No. 17. Order for Transfer of Sale to High Court of Admiralty. [Admiralty Jurisdiction.] In the county court of holden at (Title of Suit.) [Seal.] Whereas in a suit instituted in this court on behalf of A. B., of against [state name of defendant], the judge of this court has ordered [here insert the terms of the decree or order]: And whereas the plaintiff for defendant] in the said suit is desirous that the sale of the vessel should be conducted in the High Court of Admiralty and has given security for the sum of ten pounds: Now I, A. B., attorney, pray that an order to transfer the proceedings for sale to the said High Court of Admiralty do issue. I hereby certify that the security above-mentioned has been duly completed. Signature of attorney. Registrar of the court. Judge of the court. I hereby order the transfer to be made as prayed. Payment out of Court.] 52. "Money ordered to be paid out of court may be paid to the attorney without the production of a power of attorney from the party entitled to receive the money, unless the judge shall otherwise order." 53. "Where more than one suit has been instituted against a vessel or any property, and the same has been sold, the proceeds thereof shall be retained in court, to abide the decision of the court in the various suits, unless the judge shall otherwise order" (g). (e) County Court Admiralty Orders, 1868, No. 54. (f) County Court Admiralty Orders, CHAP. II. PART V. CHAP. II. Appeal to court of admiralty. Time for appeal. Agreement § 11.-APPEAL. "The County Courts Admiralty Jurisdiction Act, 1868" (31 & 32 Vict. c. 71), enacts that, Sect. 26. "An appeal may be made to the High Court of Admiralty of England from a final decree or order of a county court in an admiralty cause, and, by permission of the judge of the county court, from any interlocutory decree or order therein, on security for costs being first given, and subject to such other provisions as general orders shall direct." Sect. 27. "No appeal shall be allowed unless the instrument of appeal is lodged in the registry of the High Court of Admiralty within ten days from the date of the decree or order appealed from, but the judge of the High Court of Admiralty of England may, on sufficient cause being shown to his satisfaction for such omission, allow an appeal to be prosecuted, notwithstanding that the instrument of appeal has not been lodged within that time." Sect. 28. "No appeal shall be allowed if, before the decree or order is not to appeal. made, the parties shall have agreed by a memorandum signed by them, or by their attorneys or agents, that the decree or order shall be final; and any such agreement need not be stamped, except in respect of any fee imposed by general orders." As to appeals in council. Sect. 29. "There shall be no appeal from a decree or order of the to the Queen High Court of Admiralty of England made on appeal from a county court, except by express permission of the judge of the High Court of Admiralty." Costs of appeal. No appeal unless amount exceeds 501. Conduct of sale, &c. in court of admiralty. Sect. 30. "On an appeal under this act, when the appellant is unsuccessful, he shall pay the costs of the appeal, unless the appellate court shall otherwise direct." Sect. 31. "No appeal shall be allowed unless the amount decreed or ordered to be due exceeds the sum of fifty pounds." As to the right of appeal in cross suits, see ante, pp. 169, 170. Security for costs of the appeal must be given in the county court and not in the High Court of Admiralty (h). Appeal from Decree of High Court.]-The permission under sect. 29 to appeal (to the privy council) from a decree or order of the high court, made on appeal from the county court, will not be in general given, except where the law is doubtful or novel in its application; or where the facts are such as to leave a substantial doubt on the mind of the court whether the conclusion at which it has arrived be right, or where the pecuniary interest (a case which may happen under the provisions of the statute) is large (i). Sect. 32. "On an appeal under this act, the judge of the High Court of Admiralty, if it appears to him expedient that any sale decreed or ordered to be made of the vessel or property to which the cause relates should be conducted in the High Court of Admiralty instead of in the (h) The Forest Queen, 40 L. J. (N. S.) Adm. 17, (i) The Samuel Laing, 39 L. J. (N. S.) Adm. 42. |