Directory_and_Chronicle_1903 — Page 367

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RULES OF H.B.M. ADMIRALTY COURTS IN CHINA AND JAPAN

15. The proceeds of the sale shall be paid into Court, and therefrom shall the decree or decrees, on a day fixed for the appearance before the Court of the parties interested for the marshalling of their claims, be satisfied, and the surplus shall remain in Court until the person or persons claiming to be entitled thereto shall establish their claim or claims.

Nors. It shall be competent for any person, at any period in a suit, to file in Court a petition that he be decreed to share in the proceeds or in the balance thereof; and any proceedings of this description shall be conducted in the same way as a claioi would have been conducted against the Res itself.

16.-It shall be competent for the Court to refer any matter requiring investiga- tion, or having reference to accounts, rate of interest, repairs done to any ship, &c., to the Registrar alone or to the Registrar assisted by one or two merchants or shipmasters to be appointed by it; and such reference shall take place within ten days from the date of the order therefor. Leave shall, when prayed for by either party, be given to file affidavits and counter-affidavits, provided always that the Judge shall have power to extend the time within which the reference is to take place whenever the filing of affidavits and counter-affidavits necessitates such extension.

Witnesses may be produced before the Registrar, provided four days' notice of an intention to examine them be given; and it shall be optional with the Registrar to permit or refuse to allow the attendance of Counsel or Solicitors at the hearing before him, and no costs shall be allowed tor such attendance if the Registrar shall be of opinion that it was unnecessary.

The Report of the Registrar shall be filed within ten days of the hearing before him, and notice of any objection to be made thereto shall be filed by the party making it, within five days of the filing of the Report.

All questions of cost of the reference shall be in the discretion of the Registrar subject to the decision thereon of the Chief Justice.

17. In all cases the Court shall apply the English Law as administered in Admiralty Courts in England; and all matters of procedure, not otherwise provided for in these Rules or in the General Rules of Procedure for this Court shall be governed, as far as may be, by the Rules in force in Her Majesty's High Court of Admiralty.

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