Reports of Cases Decided in the High Court of Admiralty of England, And On Appeal to the Privy Council. 1863-1865
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49, 60. The Principal Act, sect 468, appoints that the receiver of wreck shall detain salved property until payment is made or process issued. The Amendment Act, sect. 49, takes away, as decided in the Wil- liam and John (a), the jurisdiction of the Admiralty Court in all cases where the value of the property saved does not exceed 1 ,000/. ; and sect. 50 provides that the receiver may, upon appli- cation of either of the parties (i. e. salvors or owners), appoint a valuer to value the property ...; a copy of the valuation to be given to both parties. (n) Ante, p. 49. THE ELEONORE. 187 LushingtOH in support of the motion. — 1st. In all cases 1863. where the property arrested falls short of 1,000Z. the salvors ffovember 17. ought to be condemned in costs and damages. 2ud. The circumstances of this case show wilful abuse of the process of the Court. Dr. Spinks, contra. — 1st. There was no mala fides or crassa negligentia : The Evangelismos (a). The plaintiffs corrected their mistake as soon as they found it out.
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