APPENDIX II. RULES OF THE SUPREME COURT (MERCHANT SHIPPING), 1894. Note (a). [THE Joint Committee of the two Houses on Statute Law Revision, to which the Merchant Shipping Consolidation Bill was referred, authorized the omission of certain detailed provisions as to practice from the Bill on the ground that they dealt with matters which should be provided for by Rules of Court, and should not be included in the statute itself. The determination of the Division of the High Court by which the jurisdiction with respect to various matters under the Bill is to be exercised has also been left to Rules of Court. The first of the following rules represents the present law with regard to the exercise of the jurisdiction, while the other two reproduce the existing provisions with regard to the matters which the committee decided should be dealt with by Rules, with such alterations only as are necessary to make them consistent with modern practice. There has been no application under the provisions reproduced in the Rules dealing with the repayment of money on volunteering into the Navy for the last twenty years, the last application being in June, 1874, but the power to apply still exists, and the procedure is therefore reproduced.] (a) Affixed to the draft Rules, when published by the Rules Com mittee pursuant to the Rules Publication Act, 1893. General Jurisdiction under Merchant Shipping Act, 1894. 1. The jurisdiction of the High Court under the Merchant Shipping Act, 1894 (in these rules referred to as "the Act"), with the exception of that under sections twentyeight, thirty, and five hundred and four of the Act, shall be assigned to the Probate, Divorce, and Admiralty Division. Application under Section 30 of the Merchant Shipping Act, 1894. 2. Any application under section thirty of the Merchant Shipping Act, 1894, may be made by summons or otherwise, and either ex parte or upon service of notice on any person as the court may direct. Application as to Excess of Wages paid on Seamen Volunteering into the Navy. 3.-(1.) Any application to the High Court under section one hundred and ninety-seven of the Act shall be made to the Admiralty Registrar, and shall be in such form, and shall be accompanied by such documents and by such statements, whether on oath or otherwise, as the President of the Probate, Divorce, and Admiralty Division directs. (2.) The registrar shall, on receiving the application, give written notice thereof and of the sum claimed to the Admiralty, and shall proceed to examine the application, and shall, if necessary, apply to the Registrar-General of Shipping and Seamen to produce any papers in his possession relating thereto, and may call for further evidence. (3.) If the registrar considers that the whole of the claim is just, he shall give a certificate accordingly, but if he considers that the claim or any part thereof is not just, he shall give notice of his opinion, in writing under his hand, to the person making the application, or his solicitor or agent. (4.) If within sixteen days from the giving of the lastmentioned notice the person to whom the notice is given does not cause to be left at the Admiralty Registry a written notice demanding that the application be referred to the judge, the registrar shall finally decide thereon, and certify accordingly. (5.) If the notice is left as aforesaid, the application shall stand referred to the judge in chambers, and his decision thereon shall be final, and the registrar shall certify the same accordingly. (6.) The judge and registrar shall in any proceeding under these Rules have full power to administer oaths, and to exercise all the ordinary powers of the court, as in any other proceeding within its jurisdiction; and the judge or registrar (as the case may be) may, if he thinks fit, allow for the costs of any such proceeding any sum not exceeding five pounds for each seaman in respect of whom application is made; and that sum shall be added to the sum authorized to be repaid under the Act, and shall be certified by the registrar accordingly. 4. These Rules may be cited as "The Rules of the Supreme Court (Merchant Shipping), 1894." December 10, 1894. (Signed) HERSCHELL, C. RUSSELL OF KILLOWEN, C.J. ESHER, M.R. F. H. JEUNE, P. A. L. SMITH, L.J. JOSEPH W. CHITTY, J. HERBERT H. COZENS-HARDY. R. B. FINLAY. JOHN HUNTER. I, the undersigned having surveyed the above-named ship, hereby certify that the above particulars are true, and that her name is marked on each of her bows (b), and her name and the port of registry are properly marked on a conspicuous part of her stern (b), a scale of feet marked on ach side of her stem and of her stern-post (b), and lines permanently and conspicuously marked on each side amidships indicating the position of each deck which is above water (c), in manner directed by the Merchant Shipping Acts, 1854 to 1876. |