The Hero
| Jurisdiction | England & Wales |
| Year | 1891 |
| Date | 1891 |
| Court | Divisional Court |
Admiralty - County Court - Admiralty Jurisdiction -
By the County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Vict. c. 71), s. 21: “Proceedings in an Admiralty cause shall be commenced: (1.) In the county court having Admiralty jurisdiction within the district of which the vessel or property to which the cause relates is at the commencement of the proceedings. (2.) If the foregoing rule be not applicable then in the county court having Admiralty jurisdiction in the district of which the owner of the vessel or property to which the cause relates … resides.”
By the County Courts Act, 1888 (51 & 52 Vict. c. 43), s. 74: “Except where by this Act it is otherwise provided, every action or matter may be commenced in the court within the district of which the defendant … shall dwell or carry on his business at the time of commencing the action or matter.”
The plaintiffs, owners of a steamship, brought an action, in personam, on the Admiralty side of the county court within the district of which the defendants, charterers of the vessel, and consignees of the cargo, carried on their business, for damages for the detention of the vessel in unloading. The county court judge dismissed the action for want of jurisdiction, on the ground that, as the ship was not at the time of the commencement of the proceedings within the district, nor did the plaintiffs reside there, neither sub-s. (1) nor sub-s. (2) of s. 21 of the County Courts Admiralty Jurisdiction Act, 1868, had been complied with. On appeal:—
Held, that the county court had jurisdiction, as the language of s. 74 of the County Courts Act, 1888, was general in its terms, and therefore included defendants in an Admiralty action who, at the time of commencing the action, carried on their business within the district.
APPEAL by plaintiffs from an order of the judge of the county court of Glamorganshire holden at Cardiff, dismissing their action for want of jurisdiction.
The material facts were:—
On December 29, 1890, an action, in personam, for 66l. 6s. 8d. damages for four days' detention, in the nature of demurrage, was commenced, on the Admiralty side of the above mentioned county court, by the plaintiffs, the Bristol Steam Navigation Company, Limited, with registered offices at Bristol, and the owners of the steamship Hero, against the defendants Messrs. Watsons, timber merchants of Cardiff, who were the charterers of the vessel for the carriage of a cargo of timber from Uleaborg to Cardiff, the discharge of which cargo by the defendants, as consignees, it was alleged, had occupied an unreasonable time, contrary to a clause in the...
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