practice it is almost universally adopted (b). But if a shorthand writer is not employed, the examiner or commissioner himself takes down the evidence in a narrative form, and when the examination of any witness is completed, he reads over the deposition to the witness, who is thereupon required to sign the same; the examiner or commissioner then certifies at the foot of the deposition that it has been read over audibly and distinctly to the witness, and that he has acknowledged the same to be true. If the witness refuse to sign his deposition, the examiner or the commissioner should certify at the foot of the deposition that the witness has so refused, and that the deposition is in accordance with the evidence given by the witness; and the deposition of the witness may thereupon be used at the hearing of the cause. to ques If any question put to a witness is objected to, the question Objections and answer should be written down separately, and a note tions. made of the objection. Any special matter arising in the course of the examination may be set forth in the return made by the examiner or commissioner. The fees to be taken by examiners and commissioners are regulated by the rules of court (c). proots. Filing the Written Proofs.-All written proofs must be Filing the filed in the registry. After the conclusion to the pleadings has been filed, either solicitor may apply to the judge to (b) Ad. Rules, 94. But it is usual in practice to dispense with the formality of an application to the judge. The examiner or commissioner himself selects some short-hand writer, who is sworn before the examiner or commissioner to report faithfully. The transcript of the short-hand writer's notes is not usually read over to the witness, but is certified by the short-hand writer and the examiner as correct, and returned into the registry in the usual way. (c) The fees to be taken by exami ners and commissioners for their own use, for examining witnesses vivâ voce, Printing. fix a time within which all written proofs shall be filed; and after the expiration of that time no written proof shall be received into the registry, save by permission of the judge (d). If the written proofs consist of affidavits they should be filed by the solicitor. They should be filed with the usual minute. A stamp of 58. is payable on the minute, a stamp of 58. on each affidavit, and a stamp of 18. on each exhibit. Where witnesses have been examined before an examiner or a commissioner, the examiner or commissioner makes a written return, stating what witnesses have been examined before him, and whether the examination took place in the presence of the solicitors in the cause, or in the absence of one or other of them. This return, with the written depositions, should be filed in the registry. The examiner or commissioner himself may file the documents, or he may deliver them sealed up to the solicitor of the party whose witnesses have been examined, in order that he may file them. The documents must be filed with the usual minute. A stamp of 5s. is payable in respect of the minute, a stamp of 58. for each deposition, and a stamp of 18. for each exhibit. In all contested causes the whole of the written proofs on which the parties intend to rely at the hearing must, unless the judge otherwise order, be printed before the hearing (e). If the written proofs in the cause consist of affidavits only, each solicitor must, within six days from the expiration of the time allowed for filing the proofs, leave in the registry printed copies of his proofs (ƒ). If the written proofs in the cause consist of depositions only, or partly of depositions and partly of affidavits, each solicitor must, within twelve days (d) The Court will, in cases where justice requires it, allow a party to supply the deficiency of proof by producing further evidence after the time fixed for the filing of proofs has expired. But it is only under special circumstances that the Court will grant this indulgence. See The Resultatet, 17 Jur. 353; The Glory, 3 W. Rob. 187; The Speed, 7 Jur. 1063; The Julindur, 1 Spk. 71. (e) Ad. Rules, 96. As to the direc tions in regard to printing, see post, APPENDIX. (ƒ) Ad. Rules, 99. from the expiration of the time allowed for filing the proofs, leave in the registry printed copies of his proofs (g). Where pleadings or proofs are required to be printed, one hundred and fifty copies thereof shall be struck off, of which seventy shall be left in the registry, and forty shall be given to the adverse solicitor (h). tion to nent Should the proofs contain any matter not properly admis- Applica sible as evidence in the cause, application may be made to strike out the Court on motion to have the objectionable matter struck impertiout. Where cases are to be heard before the judge, assisted by the Trinity masters, any impertinent matter calculated to create a prejudice in the minds of the Trinity masters, will on application be ordered to be struck out before the papers are put into their hands (i). (g) Ad. Rules, 100. (h) Ad. Rules, 101. (i) But of course it is only in extreme cases that any application of this kind is advisable. Generally speaking it will be sufficient at the hearing of the cause to ask the Court to discard any evidence which is not properly admissible. See The Speed, 2 W. Rob. 230; The Neptunus, Swa. 295. According to the old practice it was necessary that the evidence should be confined to the articles of the pleadings, and evidence was sometimes struck out Proceedings to CHAPTER VII. THE HEARING OF THE CAUSE. WHERE it has been fixed by the judge or by agreement of the solicitors that a cause is to be proved wholly by the oral examination of witnesses in open court, either solithe list for citor may, as soon as the required number of the printed have cause placed on hearing. copies of the pleadings has been left in the registry, have the cause placed on the list for hearing (a). When a cause is to be proved wholly or in part by written evidence, either solicitor may as soon as the required number of the printed copies of the written proofs has been left in the registry, have the cause placed on the list for hearing (b). Any solicitor who shall have left in the registry the required number of printed copies of his proofs, may, as soon as the time allowed for filing the proofs has expired, have the cause placed on the list for hearing, notwithstanding that the adverse solicitor may not have filed all or any of his proofs, or left all or any of the printed copies thereof in the registry (c). A solicitor entitled to have a cause placed on the list for hearing, must, in order to have the cause placed on the list for hearing, file a notice in the registry (d). The notice need not be served on the adverse party. An Admiralty Court stamp of 21. must be affixed to the notice. On the notice being filed in the registry, the cause will be placed on the list for hearing, and will come on to be heard in due course. When the cause comes on for hearing, it is heard by the (a) Ad. Rules, 104. (d) For form of notice, see post, APPENDIX. masters. judge of the Court. If the questions in the cause depend upon technical skill and experience in navigation, the judge is usually assisted by two of the elder brethren of the Trinity Trinity House, who sit with him as assessors, and who, at the request. of the judge, after hearing all the evidence on each side, advise him on all questions of a nautical character. But in all cases it is with the judge alone that the decision. rests (e). In suits of damage, the attendance of Trinity masters may be obtained as a matter of course. Either party may file a præcipe in the registry praying for the attendance of Trinity masters. A ten-shilling Admiralty Court stamp must be affixed to the præcipe. On the præcipe being filed, notice will be sent from the registry to the Trinity House, requesting the attendance of two Trinity masters at the hearing, and copies of the printed papers in the cause will be forwarded for their perusal. In suits other than damage suits, application should be made to the judge by motion, in order to obtain the attendance of the Trinity masters (f). A fee of two guineas a-day for each cause is payable to each of the Trinity masters (g). The fees are paid by the solicitor of the successful suitor, in money, at the end of the cause. In damage causes where each party is held to blame, each solicitor pays a moiety of the fees. Either party in a cause may, before the hearing, apply to Application (e) "I never yet pronounced a single decree, when I was assisted by Trinity masters, in which I was not perfectly convinced that the advice they gave me was correct; and if I had entertained a contrary opinion, notwithstanding all their nautical skill and experience, I am clearly of opinion, having deliberated much on that question, that it would be my duty to pronounce sh contrary opinion." Per Dr. Lushington. See The Alfred, 7 No. Ca. 354. See The Speed, 2 W. Rob. 231. (f) In salvage cases "the general rule on which I act is, if both parties ask for Trinity masters, I accede to the (g) Where cross causes are heard to- for a view. |