The "Leda."
| Jurisdiction | England & Wales |
| Judgment Date | 20 January 1863 |
| Date | 20 January 1863 |
| Court | High Court of Admiralty |
English Reports Citation: 167 E.R. 278
HIGH COURT OF ADMIRALTY
S. C. 32 L. J. (Adm) 58; 7 L. R. 864; 9 Jur. (N. S) 208; 11 W. R. 302; 1 Mar L. C. (Crockford) 298 Referred to, Mersey Docks and Harbour Board v. Turner, [1863] A. C. 468; The "Broadmagne," [1916] P 71.
the "leda." January 20, 1863-Practice-Costs against the Crown^lS & 19 Viet. c. 90-Co-plaintiffs severally liable for costs-In a cause of damage instituted on behalf of Her Majesty in her office of Admiralty, and of the commander and crew of one of Her Majesty's ships, against a private shipowner, the Court, on a finding for the defendant, declined to condemn the Crown in costs, but condemned the commander and crew to pay the whole of the costs. The 18 & 19 Viet c 90, authorising costs to be given to or against the Crown, applies only to proceedings in which the Attorney-General or Lord Advocate is a party Co-plaintifis are severally liable to the whole of the costs. [S. C. 32 L J. (Adni.) 58 , 7 L. T 864; 9 Jur (N S.) 208 ; 11 W. R. 302 ; 1 Mar L C. (Crockford) 298 Eeferred to, Mersey Docks and Harbour Board v Turner, [1893] A. C 468 ; The " Broadmagne," [1916] P 71.] This cause was instituted on behalf of Her Majesty on her office of Admiralty, and also on behalf of George Bones, commanding Her Majesty's cutter "' Badger," and of the crew of the said cutter, against the steamship " Leda," for damages occasioned by a collision in the Bay of Dublin, by which the " Badger " [20] was sunk The owners of the " Leda," Messrs Thompson & Co , defended the action. On the hearing, on the 27th November 1862, the Court pronounced against the claim, but reserved the question of costs, which now came on foi argument. The statute 18 & 19 Viet, c 90 provides as follows .- " An Act for the Payment of Costs in Proceedings instituted on behalf of the Crown in matters relating to the Revenue, and for the amendment of the Procedure and Practice in Crown Suits in the Court of Exchequer [14th August 1855.] " AVhereas m divers proceedings instituted by or on behalf of the Crown against the Queen's subjects in respect of matters relating to the revenue no costs are iecovered by the Crown, except in certain cases, and no costs are paid by the Crown to the subject : And whereas it is expedient to assimilate the law as to the recovery of costs in such proceedings by or on behalf of the Crown to that in force as to proceedings between subject and subject . Be it therefore enacted :- " I. In all informations, actions, suits, and other legal proceedings to be hereafter instituted before any Court or tribunal whatever in the United Kingdom of Great Britain and Ireland, by or on behalf of the Crown, aganibt any corporation, or person or persons, in respect of any lands, tenements or hereditaments, or of-any goods or chattels, belonging or accruing to the Crown, the proceeds whereof, or the rents or profits of which said lands, tenements, or hereditaments, by any Act now in force or hereafter to be passed are to be carried to the Consolidated Fund of Great Britain and Ireland, or in respect of any sum or sums of money due and owing to Her Majesty by virtue of any vote of Parliament for the service of the Crown, 01 of any Act of Parliament relating to the public revenue, Her Majesty's Attorney-General, or in Scotland the Lord Advocate, shall be entitled to recover costs for and on behalf of Her Majesty, where judgment shall be given for the Crown, in the same manner, and under the same rules, regulations, and provisions, as are or may be in force touching the payment or receipt of costs in proceedings between subject and subject, and such costs shall be paid into the Exchequer, and shall become part of the Consolidated Fund. " II. If in any such information, action, suit, or other proceeding, judgment shall be given against the Crown, the defendant or defendants shall be entitled to recover costs, in like manner, and subject to the same rules and provisions, as though such proceeding had been had between subject and subject; and it [21] shall be lawful for the Commissioners of Her Majesty's Treasury and they are hereby HR. a L. 2Z. THE " LEDA " 279 required to pay such costs out of any monies which may be hereafter voted by Parliament...
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The Broadmayne
...BelgeDID=ASPM 4 Asp. Mar. Law Cas. 234 42 L. T. Rep. 273 5 Prob. Div. 197 De Haber v. Queen of Portugal 17 Q. B. 171 The LedaENR Brown & Lush. 19 The GemmaDID=ASPMELR 8 Asp. Mar. Law Cas. 585 81 L. T. Rep. 379 (1899) P. 285 The DictatorDID=ASPMELR 8 Asp. Mar. Law Cas. 251 67 L. T. Rep. 563 ......