Leith.... Granton Borrowstoness Grangemouth Kirkcaldy. Dundee. Arbroath Montrose Aberdeen Banff.... Inverness Campbeltown COURTS OF SURVEY IN SCOTLAND. Judges of the Courts of Survey at the places opposite to which Sheriff and Sheriff Substitutes of Midlothian, Haddington and Sheriff and Sheriff Substitutes of Midlothian, Haddington and Sheriff and Sheriff Substitutes of Linlithgow and Stirling. Sheriff and Sheriff Substitutes of Fifeshire and Perthshire. Sheriff and Sheriff Substitutes of Perthshire, Forfarshire and Sheriff and Sheriff Substitutes of Perthshire, Forfarshire and Sheriff and Sheriff Substitutes of Aberdeenshire and Kincardine. Sheriff and Sheriff Substitutes of Aberdeenshire, Banffshire and Sheriff and Sheriff Substitutes of Nairn, Inverness-shire and Ross. Sheriff and Sheriff Substitutes of Lanarkshire, Renfrewshire and FORMS. Column No. 2. cccclxxvii Column No. 1. Court of Survey for Greenock Ardrossan Ayr Stranraer Wigtown... Judges of the Courts of Survey at the places opposite to which Sheriff and Sheriff Substitutes of Lanarkshire, Renfrewshire and Sheriff and Sheriff Substitutes of Renfrew and Ayrshire. Sheriff and Sheriff Substitutes of Ayrshire, Renfrewshire and Sheriff and Sheriff Substitutes of Ayrshire, Wigton and Kircud- Sheriff and Sheriff Substitutes of Ayrshire, Wigton and Kircudbright. Sheriff and Sheriff Substitutes of Dumfries and Kircudbright. LIST No. 3. Court of Survey for COURTS OF SURVEY IN IRELAND. Judges of the Courts of Survey at the places opposite to which Dublin The Recorder of Dublin. Resident Magistrates and Chairman of Quarter Sessions for co. Resident Magistrates and Chairmen of the cos. of Louth and Resident Magistrates and Chairman of co. of Louth. Resident Magistrates and Chairmen of cos. of Armagh and Down. Resident Magistrates and Chairman of Quarter Sessions for co. of Resident Magistrates and Chairman of co. of Londonderry. Resident Magistrates and Chairman of Quarter Sessions for co. of Resident Magistrates and Chairman of co. of Sligo. Chairman of Quarter Sessions of Co. Mayo. Resident Magistrate. Chairman of co. Mayo. The Recorder of Galway, Resident Magistrates and Chairman of Resident Magistrates, Chairman of cos. Clare and Limerick. Chairman of co. Cork. The Recorder of Cork, Resident Magistrates and Chairman of Chairman of co. Cork. Resident Magistrates, Chairman of co. Waterford. Resident Magistrate, Chairman of co. Wexford. APPENDIX B. The following forms shall be employed, as far as possible, with such alterations as circumstances may require, but no deviation from the prescribed forms shall invalidate the proceedings, unless the judge shall be of opinion that the deviation was material. No. 1.-Notice of Appeal. The Merchant Shipping Acts, 1854 to 1876. In the matter of the ship "Marian." To the Registrar of the Court of Survey for Take notice that I [name and address], the master [or managing owner or owner of (1) from the report of L. M., the surveyor appointed by the Board of Trade to survey the said ship. cccclxxviii "Forms," No. 53-continued. APPENDIX. a shipwright surveyor or engineer, [or from the or (2) from a declaration given by refusal of a shipwright surveyor or engineer to give a declaration,] under the provisions of section 309 of the Merchant Shipping Act, 1854. or (3) from the refusal of , an emigration officer [or as the case may be], to give a certificate of clearance under sections 11 and 50 of the Passengers Act, 1855. or (4) from the refusal of appointed by the Board of Trade under the provisions of section 30 of the Merchant Shipping Act Amendment Act, 1862, to give a certificate that the said ship is properly provided with lights and with the means of making fog signals. is The address at which all notices and documents may be served by post or otherwise on me Dated this day of In the matter of an appeal by from the report of L. M., the surveyor appointed by the board to survey the " Marian" [or as the case may be]. In pursuance of the Merchant Shipping Act, 1876, I hereby summon you to attend as judge [or assessor] on this appeal, at on the day of in the Dated this noon. day of I will attend as summoned. 187 at the hour of Registrar. Signature of person summoned. No. 3.-Notice of Sitting of Court of Survey. The Court of Survey for In the matter of an appeal by from the report of L. M., the surveyor appointed by the Board of Trade to survey the "Marian" [or as the case may be]. To A.B., the master [or managing owner, or owner of appellant [or the Board of Trade]. Take notice that the court of survey will meet at No. 4.-Order of Court for Release or Detention of Ship. In the matter of an appeal by from the report of L. M., the surveyor appointed by the Board of Trade to survey the "Marian" [or as the case may be]. I do, with the concurrence of [finally or conditionally upon Given under my hand this In the matter of an appeal by from the report of L. M., the surveyor appointed by the Board of Trade to survey the "Marian" [or as the case may be]. I do report that, having heard this appeal, I did, with the concurrence of order the said ship to be released or detained [finally or conditionally upon reasons set forth in the annexed statement. ] for the I am also of opinion that the costs of this appeal should be paid by A.B. to the solicitor of the Board of Trade [or by the solicitor to the Board of Trade to A.B.; or that all parties shall pay their own costs]. day of Dated this 18 We [or I] concur in the above report, Judge. Assessor. No. 6.--Order for Payment of Costs, or of Costs and Damages. The Merchant Shipping Acts, 1854 to 1876. The Court of Survey for In the matter of an appeal by from [The parties to this appeal having, by agreement in writing, consented to refer the question whether any costs or costs and damages are due, and to and from whom, to me or us, with liberty to assess the amount thereof] I order (1) that the Board of Trade do pay to the appellant the sum of costs and damages] incurred by reason of such detention and survey. for the costs [or the for or (2) that the appellant do pay to the solicitor of the Board of Trade the sum of the costs incurred by reason of the detention and survey of the said ship. or (3) that each party pays his own costs. Given under my hand this We [or I] concur in the above order. day of Assessor. 18 . Judge. APPENDIX C. On filing every affidavit On filing notice of appeal, for every 50 tons of the gross registered tonnage of the ship On entering appearance 0 10 On every subpœna On every statement of the order required to be made by the court On the production and swearing of every witness.. On every consent by the parties to refer the question of costs, or of costs and damages, to the court or judge, to be paid by each party On every hearing, for each day, to be paid by each party, the amount thereof) from to be at the discretion of the judge to ........ On every order whether for the release or detention of the ship, or for payment of 0 1 0 0 0 No. 53A. Further Rules for Courts of Survey in the United Kingdom (a). WHEREAS by the 9th section of the Merchant Shipping Act, 1876, it is provided that the lord chancellor of Great Britain may from time to time, with the consent of the Treasury so far as relates to fees, make, and when made, revoke, alter, and add to, General Rules to carry into effect the provisions of that act, with respect to a court of survey, and in particular, amongst other things, with respect to the amount and application of the Fees to be received therein : And whereas it is expedient, with a view to the proper application of the fees to be received in courts of survey, to provide for their collection by means of stamps: Now, therefore, I, the right honourable Hugh MacCalmont, Baron Cairns, lord high chancellor of Great Britain, with the consent of the Treasury, do order as follows: 1. The fees set forth in Appendix C. to the general rules established for courts of survey in the United Kingdom, bearing date the 29th September, 1876, shall be taken in stamps, to be impressed, so far as may be possible, on the documents to which they refer, such impressed stamps to be obtained from the commissioners of inland revenue in London, or from their stamp distributors. 2. Immediately on the termination of an appeal before a court of survey elsewhere than in London, the registrar of the court shall forward to the registry of the court of survey for London, at Somerset House, London, for deposit therein, all the papers, stamped and unstamped, belonging to the said appeal. Dated this 11th day of January, 1877. (Signed) ROW. WINN. CAIRNS, C. J. D. H. ELPHINSTONE. No. 54.-General Rules for Formal Investigations into Shipping Casualties, 1878 (b). WHEREAS by the Merchant Shipping Act, 1876, it is provided that the lord high chancellor of Great Britain may from time to time make, and when made revoke, alter, and add to, General Rules for carrying into effect the enactments relating to formal investigations into shipping casualties: Now, therefore, I, the right honourable Hugh MacCalmont Baron Cairns, lord high chancellor of Great Britain, do order as follows: Short Title. 1. These rules may be cited as "The Shipping Casualties Rules, 1878." Commencement. 2. These rules shall come into operation on the 1st day of October, 1878. Interpretation. 3. In the construction of these rules the word "judge” shall mean the wreck commissioner, stipendiary magistrate, justices, or other authority empowered to hold a formal investigation into a shipping casualty. Publication of Rules. 4. These rules shall be published by her Majesty's stationery office through its agents, and a copy shall be kept at every custom house and mercantile marine office in (a) See M. S. Act, 1876, s. 7. |