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for his own benefit, the deduction from the claim which is to be made on that account is not to exceed the increase in the total cost of repairing, over and above what the cost would have been had the repair been confined to the collision damage. It frequently happens, for example, that the collision damage can only be repaired in a graving dock, and that the alterations or owner's repairs can only be done in a graving dock; but that both can be done without any greater delay in the graving dock than the collision damage singly would have necessitated. In such a case the entire cost of the graving dock is to be treated as part of the collision damage, and the owner thus gains an incidental benefit free of charge. This springs out of the principle of restitutio in integrum (a).

Claims for demurrage, made in the Registry, must be sustained by proof of actual loss (b).

The judgment of the Registrar and merchants takes the form of a Report to the Admiralty Court, and it is open to either side, if dissatisfied, to raise objections to that Report. The Court will not reverse the Registrar's decision in a case of doubt (c); but, if satisfied, will not refuse to reverse it even on matters of mere detail, as, by allowing a larger portion of a blacksmith's bill (d).

(a) S. C. 238, 239.

(b) Clarence, 3 W. Rob. 285.

(c) Clyde, Swab. 25.

(d) Alfred, 3 W. Rob. 242.

Appeals.

In appeals from the Registry, fresh evidence is admissible (a).

We may now pass on to the subject of Appeals from the Admiralty Court.

An appeal lies from the High Court of Admiralty to the Judicial Committee of Privy Council. The time for appealing is by practice limited to fifteen days after the making of the decree; but the Court may grant an extension. It has been decided that neither the statutes of Hen. VIII. (b), which regulate appeals in matters ecclesiastical, nor the rule of the civil law, which limits the time of appealing to ten days, are applicable to appeals of this kind (c). An appeal may be instituted after an offer has been made by the appellant to pay a lump sum as damages, which offer has not been accepted (d).

Before reversing a decree, the Judicial Committee hold it necessary, not merely to entertain doubts, but to be satisfied that the judgment was wrong (e). In giving judgment, wherever matters requiring nautical skill are involved, the Judicial Committee is assisted by Nautical Assessors, who perform the functions which in the Admiralty Court are exercised by the Trinity Masters. On questions purely nautical, the Judicial Committee, though reluctant,

(a) Iron Master, Swab. 442.
(b) 24th, c. 12, and 25th, c. 19.
(c) Maander, 1 Lush. 530.
(d) Ulster, 1 Lush. 426.
(e) Julia, 1 Lush. 235.

will not refuse to reverse the decisions of the Trinity Masters on the judgment of their own Nautical Assessors (a).

determined

original

Appeals are determined upon the original evi- Appeals dence, the written proofs filed in the registry being upon the transmitted to the registry of the Court of Appeal, evidence. together with the shorthand writer's certified report of the evidence taken orally.

After appeal, the practice is for the Judicial Committee to remit the case back to the Admiralty Court, to determine the amount of damages (b).

The costs, in collision causes, usually follow the Costs. event. When both ships are pronounced in fault, the rule is that each party pays his own costs (c). It is to observed, however, that the Admiralty Court exercises an enlarged equity in the matter of costs; and, in all cases involving questions prima impressionis, or such questions as from their doubtful character are fair subjects for litigation, its disposition has been to let each party bear their own. Where there are difficulties in the case, which might mislead, costs will not be given (d). In one case, costs were refused on the ground that the captain had not stopped, when he might have done so, to save a drowning man (e). In case of inevitable accident, costs are never given on either

(a) Navigator, 8 Mitch. 1039.

(b) Vaux v. Schaffer, 8 E. F. Moo. 75.

(c) Monarch, 1 W. Rob. 26; Eclipse, 1 Lush. 423.

(d) Ebenezer, 2 W. Rob. 213.

(e) St. Lawrence, 14 Jurist, 534.

side (a). When the party actually in fault escapes liability on the ground that the fault was that of a compulsory pilot, costs will not ordinarily be given to him (b). The Court will discourage, by not giving costs, any unnecessarily expensive mode of proceeding, e.g., the not bringing a cross-action (c). When a judgment of the Court of Admiralty is reversed by the Judicial Committee, costs will sometimes be given both as regards the proceedings in the Court below and in the Court of Appeal (d).

With regard to the costs of procedure in the Registry, it is the rule that, when more than onethird of the amount claimed has been struck off on account of overcharge or as not allowable, the costs are charged to the plaintiff; when less than a third and more than a fourth has been struck off, each party pays his own costs; and when the defendants have made an insufficient tender, they must pay the costs occasioned thereby (e). The rule, when one-third has been struck off, is applicable, though the deduction result simply from the decision of a purely legal question (f). These rules, however, do not apply to the costs of appeals from the Registry

(a) Itinerant, 2 W. Rob. 244.

(b) Montreal, 17 Jurist, 538; Temora, 1 Lush. 23; Johanna Stoll, 1 Lush. 313. But see, contra, the Castor, 6 L T. N. S. 106. (c) Calypso, Swab. 30.

(d) East Lothian, 1 Lush. 251.

(e) Seine, Swab. 513; Nimrod, 17 Jurist, 767; Black Prince, 1 Lush. 577.

(f) Empress Eugénie, 1 Lush. 141.

to the Court; these usually follow the event (a). In one case, however, though the Registrar's report was confirmed, yet the costs of appeal were allowed to the appellant, because the Court had doubts (b).

The Crown, it appears, neither gives nor takes costs (c). In one case, an opposite rule was followed (d), but this has been overruled by the subsequent decision in the Leda's case (e), in which the subject was fully gone into. The ground of this exemption is set forth at large in that judgment. At common law, it appears, no costs were recoverable from any party except in virtue of special statutes; and in the statute of Gloucester, by which costs were made recoverable, the Crown was not mentioned, and therefore it did not bind the Crown. The Court, thus having no power to enforce a decree condemning the Crown in costs, naturally declined to make such a decree, and therefore, from equitable considerations, rarely or never gave costs to the Crown. But when there are co-plaintiffs with the Crown,-e. g., when a suit for collision damages has been instituted by the Crown jointly with the commander and officers of a Queen's ship, the Court will give costs against the latter (ƒ).

(a) Black Prince, 1 Lush. 577.

(b) Clyde, Swab. 27.

(c) Duke of Sussex, 1 W. Rob. 274.

(d) Swallow, Swab. 32.

(e) Leda, 8 Mitch. 115.

(f) Leda, ub. sup.

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