453
"steps as may be required by the practice of the Judicial Committee;
"of the Privy Council.
Rule 131 Omit this rule.
These alterations in the Rules as to appeals seem to be required
because the old practice of issuing Inhibitions, citations, and
monitions for Process does not now apply to Admiralty appeals,
which now follow the usual procedure in other Appeals from the
Colonial Courts.
-
Rule 156 as to the execution of instruments by the "Bailiff" does
not seem to fall properly under the head of "Piling"
it under "Bailiff" or "Execution of Instruments" as a separate
-
heading.
Rule 170
After "as regards" insert "discovery and", the Vice
Admiralty Court Rules as to discovery having been struck out.
Rule 171 I do not think that any rule to this effect has been
inserted in the Admiralty Rules of any other Colonial Court. Is the
Rule wanted? Any necessary variation in the Forms may be made under
Rule 164. For the Assessors Fees a sufficiently wide margin seems
to be provided in the Table of Fees. The Court Fees, other than those
set out in the Appendix, are, by Rule 165 to be according to the
scale for the time being in force in respect of similar matters or
by Rule proceedings in the original jurisdiction of the Court and.
97, Barristers' and Solicitors' costs are to be allowed on taxation upon the scale that is for the time being in force in the original
jurisdiction of the Court.
In the Table of Fees I would suggest that the Assessors' Fees
should range from $10 to $30. The proposed maximum of $50
(equivalent to about £10?) is a much higher fee than is allowed here for the attendance of Assessors either in Court or at a reference before the Registrar.
In Rules 9, 85, 100, 101, & 102 for "Judge" substitute "Court",
as has been done in other Rules.
In Rule 96
for "such" read "each".
Supreme Court, Admiralty Registry
Supreme Court, General Registry, Courts of Justice, 1st April 1906.
(signed)
J.G. Smith, Registrar.
i
453
"steps as may be required by the practice of the Judicial Committee;
"of the Privy Council.
Rule 131 Omit this rule.
These alterations in the Rules as to appeals seem to be required!
because the old practice of issuing Inhibitions, citations, and
monitions for Process does not now apply to Admiralty appeals,
which now follow the usual procedure in other Appeals from the
Colonial Courts.
-
Rule 156 as to the execution of instruments by the "Bailiff" does
Qy out not seem to fall properly under the head of "Piling"
it under "Bailiff" or "Execution of Instruments " as a separate
-
k
heading.
Rule 170
$
After "as regards" insert "discovery and", the Vice
Admiralty Court Rules as to discovery having been struck ont.
Rule 171 I do not think that any ule to this affect has been
inserted in the Admiralty Rules of any other Colonial Court. Is the
Rule wanted? Any necessary variation in the Forms may be made under
Rule 164. For the Assessors Fees a sufficiently wide margin seems
to be provided in the Table of Fees. The Court Fees,other than those
set out in the Appendix, are, by Rule 165 to be according to the
scale for the time being in force in respect of similar matters or
by Bule proceedings in the original jurisdiction of the Court and.
97, Barristers' and Solicitors' costs are to be allowed on taxation upon the scale that is for the time being in force in the original
jurisdiction of the Court.
In the Table of Fees I would suggest that the Assessors' Feas
should range from $10 to $30. The proposed maximum of $50
(equivalent to about £10?) is a much higher fee than is alloweČĪ here for the attendance of Assesers either in Court or at a refer-
ence before the Registrar.
In Rules 9 85. 100 101. & 102 for "Junge" substitute "Court",
as has been done in other Rules.
In Rule 96
for "such" read "each".
ralty Registry
al Courts of Justice, 1st April 1406.
(signed)
J.G.Smith, Registrar.
No comments yet.
Private notes are available after approval.