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![handle is hein.slavery/ssactsengr0523 and id is 1 raw text is: THE CITY OF CARLISLE
[363] The plaintiff's application for time to consider whether he would appeal
was for his own convenience only.
I shall make the order with costs : the amount of damages to be referred to the
registrar.
Jenner and Dyke, proctors for the plaintiffs.
Deacon & Son, proctors for the defendants.
IN THE PRIVY COUNCIL.
Present-Lord Kingsdown.
The Master of the Rolls.
Sir Edward Ryan.
THE CITY OF CARLISLE. July 23, 1864.-Collision-Lights-Position of---
Admiralty regulations, 1858. -- The Admiralty regulations of 1858, with
respect to the exhibition of side lights by sailing vessels, do not require that
such lights should be placed on any particular part of the ship; such lights
may be carried inboard, provided that they are fairly visible in the appointed
directions. Circumstances considered under which the regulations were suffi-
ciently complied with.
[S. C. 2 Moore, P. C. 366 ; 15 E. R. 940; 11 L. T. 33.]
[367] THE KARLA. December 6, 1864.-Costs of suit-Costs of detaining
foreign seamen as witnesses-Charge for agency.-A party in a cause is not
bound to examine any of his witnesses before the hearing; and if judgment is
given in his favour with costs, he is in general entitled, with respect to seamen
who are reasonably detained by him as necessary witnesses, to the expenses of
maintaining them to the time of the hearing. In the case of the witnesses
being foreign seamen, a reasonable charge incurred for agency or interpretation
may be allowed.
[S. C. 13 W. R. 295. Distinguished, The Rivoli, 1870, 23 L. T. 196. Applied,
The City of Brussels, 1873, L. R. 4 Ad. & Ecc. 197. Discussed, The Ibis VI.,
[1921] P. 260.]
This was a motion on the part of the plaintiffs to review the registrar's taxation
of the defendants' bill of costs.
On the 28th September 1863 the cause was instituted by the plaintiffs, the
owners of the Joseph Straker, against the foreign ship Karla, to recover
damages occasioned by a collision. On the 14th October the owners of the Karla
entered an appearance. There was also a cross-action. One of the Karla's
witnesses was, upon application, examined before the trial. Her other witnesses,
four in number, being all seamen belonging to the ship, were examined at the trial,
which took place on the 23rd December 1863, resulting in judgment for the Karla.
[368] In taxing the defendants' costs, the registrar had allowed to each of these
four seamen who had been examined at the trial maintenance money from the 14th
October 1863 to 31st December 1863. He also allowed the sum of £10, 10s., a sum
paid to Mr. Wendt, as a charge for agency. These were the items objected to.
Deane, Q.C., in support of the motion.-It is submitted that if the defendants
did not avail themselves of the power given by the rules of the Court (rules 78, 79),
to have their seamen examined immediately upon the institution of the cause, they
should not now charge the other side with the expense of maintaining them until
the trial: such expenses would not be allowed in the Courts of Common Law; the
witnesses would get their ordinary expenses, and no more. There is no authority
for allowing any charge for agency when the witnesses are in London.
The Queen's Advocate (Sir R. Phillimore), contra.-There is no obligation upon
a defendant to produce his witnesses before the hearing. To compel a foreigner
defendant to do so, by inflicting a pecuniary loss upon him if he does not, would
expose him to an unjust disadvantage. These expenses were just and necessary
so also was the charge for agency, for here the seamen were foreigners.
Dr. Lushington : I am happy to say that these questions of taxation very seldom
come under the consideration of the Court. I have every reason to believe that in
the administration of justice by the registrar, and in examining the accounts which
are given in, and the charges, great pains and attention are paid in order that no
BR. & L. 863.](ViewImageLocal?handle=hein.slavery/ssactsengr0523&div=1&collection=&method=preview&ext=.png&size=3)