The Hero
| Jurisdiction | England & Wales |
| Judgment Date | 29 June 1891 |
| Date | 29 June 1891 |
| Court | Probate, Divorce and Admiralty Division |
Probate, Divorce, and Admiralty Division
President and Jeune, J.
The Hero
Jurisdiction County Court Admiralty action
86 MARITIME LAW CASES. ADM.] THE HERO. [ADM. Monday, June 29,1891. (Before the President and Jeune, J.) The Hero, (a) Jurisdiction - County Court - Admiralty action - County Courts Admiralty Jurisdiction Act 1868 (31 & 82 Vict. c. 71) - County Courts Admiralty Jurisdiction Amendment Act 1869 (32 & 33 Vict, c. 51) - County Courts Act 1888 (51 & 52 Vict, c. 43). Sect. 74 of the County Courts Act 1888, which contains provisions as to the district within which actions are to be commenced, is not inconsistent with sect. 21 of the County Courts Admiralty Jurisdiction Act 1868, and applies to County Court Admiralty actions; and hence a claim for demurrage in personam, under sect. 2 of the County Courts Admiralty Jurisdiction Amendment Act 1869, is rightly instituted in the court within the district of which the defendants carry on business. This was an appeal by the plaintiffs in an action in personam, to recover damages for detention of the plaintiffs' steamship Hero. The action was instituted under sect. 2, sub-sect. 1, of the County Courts Admiralty Jurisdic- (a) Reported by J. P. Aspinall and Butler Aspinall, Esqrs, Barrister-at-Iaw. MARITIME LAW CASES. 87 ADM.] THE HERO [ADM. tion Amendment Act 1869, on the Admiralty side of the Glamorganshire County Court holden at Cardiff. The Hero was not within this district when the action was instituted. The defendants, Messrs. Watson, timber merchants, carrying on business at Cardiff, were the charterers of the s.s. Hero, and also consignees of a cargo of timber carried from Uleaborg to Cardiff, and there delivered to the defendants. The plaintiffs, who were the Bristol Steam Navigation Company Limited, carrying on business at Bristol, claimed 66l. 6s. 8d., being damages in the nature of demurrage for delay at the port of discharge. At the hearing of the action, the learned County Court judge dismissed it for want of jurisdiction, on the ground that the plaintiffs did not reside within his district, nor was the Hero within it, at the time of the commencement of the proceedings. The defendants, who had counter-claimed for damage to cargo, withdrew their counter-claim at the trial. County Courts Admiralty...
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