— Admiralty.
108 Sect.
3.
Transfer of Actions.
Transfer from county court.
In what cases such transfer ordered.
Effect of transfer.
Where simultaneous proceedings in High Court
and
countycourt.
refused, although a question as to salvage was involved, when it appeared that there were other questions in the action which ought to be tried by a jury (i). So an order for the transfer to the Admiralty Division of an action for loss of life where a decree had been obtained in an Admiralty action for the limitation of the plaintiff's liability, was refused on the ground that the plaintiff was entitled to have his damages assessed by a jury (A-).
227. An Admiralty action proceeding in a county court having Admiralty jurisdiction may be transferred to the Admiralty Division on the application of any party thereto. The application is made by summons before the judge in chambers (^).
Such transfer may be ordered if the subject-matter of the action exceeds the county court limit of jurisdiction (m), or for the purpose An order is of effecting the sale of a ship in the High Court (n). also usually made if it is desired to obtain evidence on commission (o), and frequently when another action arising out of the same cause of action is pending in the High Court {p), or on the ground that the hearing in the High Court would be more convenient. Where an action is transferred under the above-mentioned provisions the Admiralty Division acquires by virtue of the transfer full jurisdiction over the action, notwithstanding that if commenced as an action in rem in the Admiralty Division it would have been dismissed for want of jurisdiction (q). 228. Where proceedings in respect of the same collision are pending in the Admiralty Division and in a county court having Admiralty jurisdiction, and these proceedings were commenced practically simultaneously, the practice when the county court proceedings are transferred
give the plaintiff in the action in the if the actions are consolidated, to make his action the principal cause, whilst if the county court action was clearly commenced first it will be the principal cause. is to
Admiralty Division the conduct
Sect. 4. Nature of action.
of the proceedings, and,
Limitation of Liability.
229. The owners
of a British or foreign ship, or the charterers the ship has been demised, or the owners of docks or canals, or harbour authorities, who allege that they have incurred liability in respect of loss of life, personal injury, or loss of or damage to vessels, goods, merchandise, or property or rights of any kind, and that several claims are made or apprehended in respect of that liability, may apply to the Admiralty Division or any other division of the High Court to determine the amount of their liability
to
whom
(0 The Ocean Steamship Co. v. Anderf^on, Tritton & Co. (1883), 33 W. E. 536. [k) Roche v. The London and South Western Rail. Co., [1899] 2 Q. B. 502. [l) County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Yict. c. 71), s. 6; The Indra (1905), 10 Asp. M. L. C. 196. As to the Admiralty jurisdiction of
county courts, see
p. 182, post.
{m) County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Vict. c. 71), s. 7. (ri) lUd., ss. 8, 23 and see s. 32. (o) The Swan (1870), L. E. 3 A. & E. 314. The Mersey, [1901] P. 369. {p) The Never Despair (1884), 9 P. D. 34 The Cargo ex Arcjos (1872), L. E. 5 P. C. 134; The {q) The Siuan, supra;
AUna
(1880), 5
Ex. D.
227.'
