Directory_and_Chronicle_1913 — Page 480

RULES OF VICE-ADMIRALTY COURTS IN H.B.M. POSSESSIONS ABROAD 467

TAXATION OF COSTS

133. A party desiring to have a bill of costs taxed, shall file the bill, and, as soon La conveniently may be, the registrar shall send to the parties notice of the time at which the taxation will take place.

134. At the time appointed, if either party is present, the taxation shall be proceeded with.

135. Within one week from the completion of the taxation application may be made to the judge to review the taxation.

136. Costs may be taxed either by the judge or by registrar, and as well between solicitor and client, as between party and party.

137. If in a taxation between solicitor and client more than one-sirth of the bill is struck off, the solicitor shall pay all the costs attending the taxation.

APPRAISEMENT AND SALE, &c.

138. The judge may, either before or after final judgment, order any property under the arrest of the court to be appraised, or to be sold with or without appraisement, and either by public auction or by private contract.

139. If the property is deteriorating in value, the judge may order it to be sold forthwith.

140. If the property to be sold is of small value, the judge may, if he thinks fit, order it to be sold without a commission of sale being issued.

141. The judge may, either before or after final judgment, order any property under arrest of the Court to be removed, or any cargo under arrest on board ship to be discharged.

142. The appraisement, sale, and removal of property, the discharge of cargo, and the demolition and sale of a vessel condemned under any Slave Trade Act, shall be effected under the authority of a commission addressed to the marshal.

143. The commission shall, as soon as possible after its execution, be filed by the marshal, with a return setting forth the manner in which it has been executed.

144. As soon as possible after the execution of a commission of sale, the marshal shall pay into Court the gross proceeds of the sale, and shall with the commission file his accounts and vouchers in support thereof.

145. The registrar shall tax the marshal's account, and shall report the amount at which he considers it should be allowed; and any party who is interested in the proceeds may be heard before the registrar on the taxation.

146. Application may be made to the judge on motion to review the registrar's taxation.

147. The judge may, if he thinks fit, order any property under the arrest of the Court to be inspected.

DISCONTINUANCE

148. The Plaintiff may, at any time, discontinue his action by filing a notice to that effect, and the Defendant shall thereupon be entitled to have judgment entered for his costs of action on filing a notice to enter the same. The discontinuance of an action by the Plaintiff shall not prejudice any action consolidated therewith or any counterclaim previously set up by the Defendant.

CONSENTS

149. Any consent in writing signed by the parties may, by permission of the registrar, be filed, and shall thereupon become an order of Court.

Digitized by oog e

14

Page 480Page 481