3
178
attention to the large sums to which the judgments against
the s.s. "Ling lan", and the expenditure on her upkeep, amount
So far as the judgments are concerned, plaintiffs were
entitled to prosecute their claims to judgment and no questio
therefore arises in this respect.
9. The expenditure on her upkeep has been incurred
without reference to the Court and, according to Mr. Hill,
First Bailiff, in accordance with the established practice
of the Court. Mr. O'Sullivan, Second 'Bailiff, states, at
9.63 of the lotes of Evidence before the Committee, that in
the case of two launches which have been under arrest for
seven months, the cost of their upkeep has been met by
Government in the first instance and recovered from the
Solicitors of the plaintiffs, presumably. The Registrar
at p.7 of the Notes of Evidence says that the execution
creditor would ordinarily provide the funds for the upkeep
of an arrested ship, that he has never known of any arrange-
ment being made with an outside firm for this purpose, and
that in the event of failure of the person causing the arrest to provide the necessary funds, an application would usually
be made to the Court for directions. On his return from
leave, some months after the arrest of the ship, he learnt that an arrangement had been made with the Auctioneering and Brokering Company, Limited, to finance her upkeep and that large sums had been advanced by the Company; and he therefore took no action although he understood that "the Bailiff had pledged the credit of the Court" (.65 of the Notes of Evidence). Mr. Helbourne, Deputy Registrar, states at pr.19 and 20 of the Notes of Evidence, that the question of the maintenance of the "Ling Nam" was never brought to
the