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County Court Rules, 1892.
Enforcement of Orders. 102. Where a judgment or order has been obtained against an unknown defendant, the vessel or property to which the action relates shall not be taken in execution, but it may be arrested and detained under the provisions of section 22 of the County Courts Admiralty Jurisdiction Act, 1868, or kept under arrest, if already arrested.
103. Where a judgment or order has been obtained in an action against an unknown defendant, and the name of the defendant is subsequently ascertained, the adverse party may deliver to the Registrar a præcipe stating the name, address, and description of the defendant, and thereupon the Registrar shall issue to the solicitor, if such præcipe is delivered through a solicitor, or to the bailiff for service, a notice of the judgment or order, stating thereon that if the defendant does not within four clear days from the day of service deliver a præcipe to the Registrar applying for a rehearing of the action, the vessel or property to which the action relates will be sold in execution.
104. The notice in the last preceding rule mentioned shall be served personally upon the defendant, unless the Judge or Registrar shall upon facts duly verified upon affidavit allow of substituted service.
Execution against Vessel. 105. Where under a warrant of execution a vessel is seized, the high bailiff shall, before selling the same, cause an inventory and valuation thereof 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. The appraiser shall be allowed 108. per cent. on the appraised value of the vessel, and a reasonable sum for travelling expenses and maintenance if the vessel is beyond three miles from Registrar's office.
106. On the completion of the sale the high bailiff shall pay the proceeds arising there. from into Court, return the warrant, and file an account of the sale and of his fees thereon, signed by him, together with the certificate of appraisement signed by the appraiser.
107. 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 at the expense of the purchaser.
108. The costs of the solicitor suing out execution to be taxed by the Registrar shall be allowed and be recoverable against the property taken in execution.
Transfer of Sale. 109. Where the vessel has been arrested or has been seized under a warrant of execution, and the sale of the vessel had been ordered to be transferred to the High Court, the vessel shall be retained by the high bailiff until the marshall shall, by order of the High Court, take possession thereof.
110. The party desiring that the sale of any vessel or property should be conducted in the High Court of Justice, may at any time after judgment give security to the amount of 101., and deliver to the Registrar an application for an order for the transfer of the proceed. ings for sale to the said High Court.
111. The Registrar shall transmit the application in the last preceding rule mentioned to the Judge for his order thereon, if the Court is not sitting, and shall in any case certify on the application that the security for costs has been given.
Notice of Defence in Collision. 112. Where in actions for damage by collision the defendant intends to set up as a defence that the vessel was by compulsion of law in the charge of a pilot, he shall give notice thereof to the adverse party as soon after the service of summons as may be, and if he shall fail to give such notice the Judge shall, in exercising his discretion as to costs, consider what effect the non-delivery of the notice has had in the action.
Tenders. 113. The party desiring to make a tender shall give a notice to the adverse party of the terms and amount of the tender, and shall pay the amount into Court, and deliver a præcipe. Money may be paid into Court with a denial of liability, in which case the form in the Appendix shall be altered accordingly.
114. Within forty-eight hours after the receipt of the notice of any such payment into Court the adverse party shall file a notice stating whether he accepts or rejects the tender, and, if he shall fail to do so, he shall be deemed to have rejected it.
County Court Rules, 1892.
115. A party accepting a tender shall be entitled to his costs of suit, and shall be at liberty to tax and enforce payment of same without the necessity of an application to the Court for the purpose.
Payment out of Court. 116. Money ordered in an Admiralty action to be paid out of Court may be paid to the solicitor on the record, without the production of a power of attorney from the party entitled to receive the money, unless the Judge shall otherwise order.
117. Where more than one action has been commenced 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 actions, unless the Judge shall otherwise order.
Appraisement. 118. The Registrar may, on the application of either party, and whether before or after judgment, order any property under arrest to be appraised, and the same allowances shall be made to the appraiser as are directed to be allowed by Rule 40 of this Order.
Records of the Court. 119. The parties in an action, their solicitors, or the clerks of the solicitors, may, while the action is pending, and for one year after its termination, inspect, free of charge, all the records in the action.
120. In a pending action no person other than the parties, their solicitors, or the clerks of the solicitors, shall be entitled to inspect the records in the action without the permission of the Registrar.
121. In an action which has been finally disposed of any person may, on delivering to the Registrar a precipe, and on payment of the proper fee, inspect the records in the action.
Copies. 122. Any person entitled to inspect any instrument or document in an action shall, on delivering to the Registrar a præcipe, and on payment of the proper charges for the same, be entitled to an office copy thereof.
Assessors. 123. The party requiring the Judge at the trial or the Registrar on an assessment of damages to be assisted by one or two assessors, shall at the time of the præcipe pay to the Registrar the sum of one guinea for each assessor if the amount claimed does not exceed 100l., and two guineas if it does exceed that amount, and such payments shall be considered as costs in the action, unless otherwise ordered by the Judge.
124. Where the Judge or the Registrar requires the assistance of two assessors the fees in the last preceding rule mentioned shall be paid by the plaintiff or his solicitor before the trial, and shall be costs in the action, unless otherwise ordered by the Judge.
125. Where the trial or reference is adjourned the plaintiff shall pay the assessors' fees for the day of adjournment forthwith after the order of adjournment is made by the Judge or Registrar, as the case may be.
126. Upon the delivery of the præcipe in Rule 58 mentioned, or upon the requirement of the Judge or Registrar, as in Rule 59 mentioned, the Registrar shall select from the list of assessors the names of two persons whom he may, having reference to the nature of the action to be tried or of the reference to be determined, consider most capable of assisting the Judge or Registrar in trying and determining it, and shall send to each of such persons by post a summons according to the form in the Appendix.
127, The Registrar shall pay to every assessor for each day's attendance and service in every action or reference one guinea or two guineas, according as the amount claimed in the action does or does not exceed 1001.
Admission of Liability. 128. The defendant may at any time after appearance, and the plaintiff may at any time after the filing of a counter-claim, admit liability in any action except for salvage. Such admission shall be by præcipe in the prescribed form, which shall be signed by the solicitor for the party, or if signed by the party in person, shall be attested by a solicitor.
129. The party filing such precipe shall immediately give notice thereof to the other party or parties in the action, and after receipt of such notice no costs shall be allowed to the County Court Rules, 1892. party served therewith in respect of the further prosecution of the action so far as regards the question of liability.
The parties may, before trial, agree that the damages recoverable shall be assessed by the Registrar with or without an assessor or assessors.
Assessment of Damages. 130. In all actions excepting salvage the Judge may, instead of giving judgment for any specified amount, give judgment settling the rights of the parties and order a reference to the Registrar or to the Registrar and assessors as to the amount, which shall bear interest from such date as the Registrar may allow at the rate of four per cent. per annum.
131. After an order has been made under the last rule, or an admission of liability filed under Rule 63, the solicitor for the claimant shall within seven days file particulars of his claim, if not already filed, and all original vouchers, and shall serve copies thereof on the adverse solicitor.
132. Upon the application of either party the Registrar shall fix a time and place for proceeding on the reference and give at least four days' notice thereof to all parties, and shall summon an assessor or assessors to be present thereat if so ordered by the Judge or required by either party or by himself.
133. At the time appointed for the reference, if either solicitor be present, the reference may be proceeded with; but the Registrar may adjourn the reference from time to time as he may deem proper.
134. Witnesses may be produced for examination on the reference, or where a witness resides at a distance of not less than ten miles from the Registrar's office or in any other case by consent of the parties, evidence may be given on affidavit, subject to the right of the adverse party to require the deponent to any such affidavit to attend the reference for crossexamination, provided that the Registrar shall be at liberty to allow the costs of such attendance against the cross-examining party in the event of his considering that it was unnecessarily called for.
135. As soon as possible after the conclusion of the reference the Registrar shall report in writing in the form in the schedule hereto, with such alterations as may be necessary, what amount is found to be due in respect of every claim filed, particularising in a schedule to such report each amount claimed and allowed, and what part of the costs of the reference (if any) shall be allowed, and to whom. He shall also immediately give notice to both parties that the report has been made. Unless within seven days after the service of such notice as last aforesaid either party shall lodge an objection to the report, the same shall become final and binding on all parties, and judgment shall be entered accordingly,
136. Either party intending to object to the Registrar's report shall within the aforesaid period of seven days file in the registry and give to the adverse party or his solicitor a notice of such intention. In such notice he may also request the Registrar to state in writing the reasons of the decision, either as regards the whole of the same or of any particular items to be specified in the notice of objection. If a notice of objection is filed judgment shall not be entered on the report until either the notice has been withdrawn or the matter disposed of by the Judge.
137. Within seven days from the notice of the filing of the objection to the report the Registrar shall himself file a statement of his reasons as required by the notice, and the report shall be brought up before the Judge at the next sitting of the Court to be held after the expiration of seven days from the filing by the Registrar of such reasons.
138. On the matter coming before the Judge a hearing shall take place by way of appeal from the report, and the Judge may either vary or confirm such report, or refer the same back to the Registrar with any fresh directions as may appear to him to be just, and make such order as to the costs as he may think fit.
Consent Orders. 139. Any consent in writing between the solicitors in an action may by permission of the Judge or Registrar be filed, and shall thereupon become an order of Court, and such order shall be valid as if made by the Court.
Subpænas. 140. A party or his solicitor shall be entitled to issue subpænas ad testificandum and duces tecum under the seal of the Court without inserting the names of the witnesses.
141. Service of a subpæna may be effected by a party to the action or his solicitor or agent, or by any person employed by either of them in any part of England or Wales.
County Court Rules, 1892.
Service of Notices and Orders. 142. After an appearance has been entered all necessary notices, orders, and other documents may be served by post when the party appearing or his solicitor resides, or carries on business) at a distance of more than two miles from the office of the solicitor serving the same.
Costs. 143. The costs of all necessary correspondence in Admiralty actions shall be allowed by the Registrar.
144. When it becomes necessary to employ a solicitor to act as agent out of the jurisdic. tion of the Court for the purpose of obtaining the evidence of witnesses attending the trial of an action, a reference before the Registrar, taxation of costs, or for any other necessary purpose, the costs of such agent and of instructing him shall be allowed by the Registrar.
145. In Admiralty actions where the amount recovered does not exceed 201., the costs shall be allowed under column B., unless the Judge shall otherwise order.
ORDER XLII.—WINDING UP OF COMPANIES AND SOCIETIES. Order XLII. is hereby annulled, and the following Order XLI., rule 9, shall stand in lieu thereof:
146. The provisions of the Companies Acts, 1862 to 1890, and the rules made thereunder, so far as they relate to winding up, shall apply to the winding up of societies registered under “The Building Societies Act, 1874," and "The Industrial and Provident Societies Act, 1876"; and the winding up of any such societies shall be conducted in all respects as if such societies were companies registered under any of the said Companies Acts. Costs shall be taxed according to the scale of costs for the time being in use in the Supreme Court.
ORDER XLIIA.—THE BRINE PUMPING (COMPENSATION FOR SUBSIDENCE) Act, 1891.
147. Appeals to the County Courts pursuant to section 27 of the Brine Pumping (Com. pensation for Subsidence) Act, 1891, shall be brought by notice of motion.
148. The notice of motion shall state the grounds of the appeal, and whether all or part only of the decision is appealed against. The notice of motion shall be an eight days' notice, and shall be served on the Compensation Board and on every party directly affected by the appeal.
149. The notice of motion shall be served and the appeal entered at the Registrar's office within twenty-one days from the date of the meeting of the Board at which the decision appealed against was given.
150. The appeal shall be heard on such day as the Court shall direct, provided the same be not less than eight days from the date of service of the notice of motion.
ORDER XLIIB.—THE LUNACY Act, 1890. 151. Applications to a Judge under sections 300 and 132 of the Lunacy Act, 1890, shall be made by petition, and the same procedure shall be followed, and the same fees paid and costs allowed, as on any petition under Order XXXVIII.
ORDER XLIV.—THE EMPLOYERS' LIABILITY Act, 1880. Order XLIV., Rule 16, is hereby annulled, and the following Rule shall stand in lieu thereof:
152. If after an assessor has been appointed, and before the day of trial, the Registrar shall be satisfied that the action has been settled or that the services of the assessor are not required, he shall forthwith countermand the attendance of such assessor and pay to him one half of the fees paid for his attendance. The other half, less the cost of telegrams and postages, shall be returned by the Registrar to the person by whom the fees were paid.
VOL. 61.-ORDERS AND RULES.
County Court Rules, 1892.
Taxation and Review of Taxation. 153. In every action or matter in any Court all costs shall be taxed by the Registrar of such Court according to the scales of costs in the Appendix, subject to the review of such taxation by the Judge thereof.
154. Where practicable the costs of an action or matter shall be taxed on the day on which the action or matter is tried or heard, and where the costs have not been so taxed one day's notice of taxing, together with a copy of the bill of costs if the Registrar shall so direct, shall be given by the solicitor of the party whose costs are to be taxed to the other party or his solicitor.
155. Notice of taxation may be sent by post prepaid, provided that it is posted in time to reach the party to whom it is addressed in due course of post before noon of the day preceding the day fixed for taxation.
156. Any party who may be dissatisfied with the allowance or disallowance by the Regis. trar on taxation in any bill of costs taxed by him of the whole or any part of any items, may, at any time before the certificate or allocatur is signed, deliver to the other party interested therein, and carry in before the Registrar on taxation, an objection in writing to such allowance or disallowance, specifying therein by a list, in a short and concise form, the items, or parts thereof objected to, and the grounds and reasons for such objection, and may thereupon apply to the Registrar to review the taxation in respect of the same.
** 157. Upon such application the Registrar shall reconsider and review his taxation upon such objection, and he may, if he shall think fit, receive further evidence in respect thereof, and, if so required by either party, he shall state either in his certificate of taxation or allocatur, or by reference to such objection, the grounds and reasons of his decision thereon, and any special facts or circumstances relating thereto.
Allowance of Costs by Judge. 158. The order of the Judge required for the allowance of any of the following items in the scales_namely, items 3, 31, 70, 86, 91, 92, 93, 94 and 95, or for the allowance of any particular costs under any of the County Court Rules-shall be a special order made upon consideration of the facts of the particular case, and not a general order; and the application for such allowance, or for any certificate under section 119 of the Act, shall be made at or immediately after the trial or hearing and not at any other time.
159. The Judge may, in his discretion, in any action under the Employers' Liability Act, any action or matter remitted from the High Court, any action or matter commenced under the Admiralty or equity jurisdiction of the Court, or any action of ejectment or in which title to any corporeal or incorporeal hereditaments comes in question, order that any of the following items mentioned in the scale of costs shall be allowed to the party in whose favour the order is made, in addition to or in substitution for, as the case may be, the costs to which he would otherwise be entitled-namely, items 31, 70, 86, and 93.
160. Where a Judge certifies under section 119 of the Act, the certificate shall be entered at the end of the minutes of the Court of the day on which it is given, and shall be signed by the Judge.
As to Scale. 161. In actions where a perpetual injunction is claimed, whether the same is granted or not, and in actions under sections 59, 60, 61, and 133 of the Act, the Judge may order the costs to be taxed under Column A., B., or C., and in default of any such order they shall be taxed under Column B.
162. The costs in actions under sections 138 and 139 of the Act shall be taxed, in the case of a plaintiff, on the scale applicable to the rent or value of the premises upon which the Court fees are assessed, plus the amount of any rent and mesne profits recovered, and in the case of a defendant on that applicable to the said rent or value, plus the amount of the rent and mesne profits claimed.
163. Costs in actions under section 64 of the Act shall be taxed under Column C., unless the Judge shall otherwise order.
164. The “subject matter” in an interpleader proceeding shall mean (1) in the case of a claimant, the amount of the value of the goods his claim to which is allowed, plus the amount of the damage (if any) adjudged; (2) in the case of an execution creditor, the amount of the value of the goods seized, plus the amount of the damage (if any) claimed ; and (3) in the case of a high bailiff, the amount of the damages claimed.