The Sun.
London, England, 1856-03-26 00:00:00

LONDON, WEDNESDAY EVENING, MARCH 26,. 1856.

BIGH COURT. OF ADMIRALTY.

--_..;:a--

The following aro the "New Rules, Orders, and
Regulations far the High Court of Admiralty in
regard to Instance Proceedings" :

" Whereas by the act of the 3d and 4th of Victoria,
chap. 65, entitled ' An Act to improve the Practice and ex-
tend the Jurisdiction of the High Court of Admiralty of
England,' it is among other things enacted, € that it shall
be lawful for the Judge of the said High Court of Admi-
ralty from time to time to make each rules, orders,- and
regulations respecting the practice and mode of proceed-
ings of the said court, and the conduct and deities of the
officers and practitioners therein, as to him shall seem fit,
and from time to time to repeal or alter such rules, orders,
or regulations, provided always that no such rules, orders,
or regulations shall be of any force or effect until the same
shall have been approved by her Majesty in Council ;
" Now I, Stephen Lushington, Doctor of Laws, Judge
of the High Court of Admiralty of England, in virtue of
the power and authority given to me by the said act, do
make the following rules, orders, and regulations respect-
ing the practice and mode of proceeding of the said court,
and the conduct and duties of the office's and practitioners
therein, in order that the same may be submitted for the
approval of her Majesty in Council :
"I. All office copies and other copies of pleadings, pro-
ceedings, affidavits, depositions, exhibits, and other docu-
ments in the High Court of Admiralty shall be counted
and charged for at and after the rate of 72 words per folio;
rnd every numeral, whether contained in columns. or other-
wise written, shall bo counted and charged for as a word.
"11. In all cases of damage, unless the judge sha 1 be
pleased otherwise to direct, each party, or his proctor, shall,
before the libel or act en petition is given in, bring into and
deposit in court a sealed packet, containing a statement of
the following particulars :
"1. The name of the two vessels which came into colli-
sion, and the names of their respective masters.
" 2. The time of the collision, as neatly as can be stated.

"3. The place of the collision. •
" 4. The direction of the wind at the time.
" 5. The state of the weather.

" 6. 'The course of the respective vessels on first sighting
each other.-
" 7. The distance it Which the other vessel was first
seen. _ _

" 8. The courses whick each vessel thereupon adopted
to avoid the collision.
"9. The parts of each vessel which first came in contact.
" And such packets shall remain in the registry sealed
up, and 'shall not bo opened, save with the permission of
the judge, until the proofs in the cause are brought in or
the whole of the pleading and examinations are concluded,
and such statements shall be called the' preliminary acts.'
111. 1u proceedings by plea and proof in the said court,
no witness shall bo examined on any plea until after the
pleadings in the cause have been concluded, except with
the permission of the court and upon good cause shown.
" IV. It shall not be necessary to repeat to a witness
his deposition either in chief or on interrogr tories, but the
registrar or examiner who shall have taken the evidence
shall certify, at the foot of the deposition, thatthesame has
been read over audibly and distinctly to the witness, and
that the witnes has acknowledged the same to be true.
" V. If the witness refuse to sign his deposition, the
registrar or examiner, as the case may be, shah certify at
the foot of the deposition that the witness has so refused,
and that the deposition is in accordance with the evidence
given by such witness, and the deposition of such witness
may thereupon be read and referred to at the hearing of
the cause.

" VI. Vln proceedings by plea and proof the proctors or
their substitutes may, unless the judge shall order to the
contrary, be present at the examination of the witnesses
both in chief and upon interrogatories, but the evidence
shall be taken down in writing es at present by the registrar
or an examiner of the court. The witness may be cross-
examined upon interrogatories, either prepared beforehand,
or framed and put in A 8 ritiug at the time of the examina-
tion, and after cross-examination they miy iu the Caine
manner be re-examined also upon written interrogatories,
but the questions shall in all cases be put sad the interro-
gatories be administered by the registrar or examiner.
" VII. No party in a cause, except by special leave of
the judge, shall bo allowed u:1 be present at such examina-
tion unless he shall be conducting the proceedings in per-
son ; and no party, proctor, or Substitute shall be per-
mitted to take any part in such examination, cross-exami-
nation, or re-examination, or in any manner to interfere
with, or object to the conduct or proceedings of the regis-
trar or examiner therein, except so far as designing the
witness to the several articles of the pleas, and tendering
written interrogatories to the registrar or examiner fur the
purpose of their being administered to the witnesses.
" VIII. It shall be competent to the said judge to direct
the evidence of the witnesses to be taken down by a short
hand writer or reporter appointed by the Court, who'ahall
be previously sworn faithfully to report the evidence as
stated to Mai by the registrar or examiner; and a trans-
cript. of the short hand writer's or reporter's notes, certified
by 'aim to ha correct, shall be admitted ty prove the oral
evidence of the witnesses, and be taken and used as evi-
dence in the cause.

"IX. The registrar may, if he shall think fit, in any re-
ference made to hire, either alone or with the merchants,
allow witnesses to be produced before him for examina-
tion after they shall have been duly sworn to speak the
troth, according to the mode and practice prevailing in
the said court ; and ,the evidence shall, if either party in
the cause shall require it, be taken down by a short hand
writer or reporter appointed by the Court, who shall be
previewsly sworn faithfully to report the evidence as stated
to him by the registrar, and a transcript of shorthand
writer's or reporter's notes, certified by him to be correct,
shall be admitted to prove the oral evidence of the wit-
lICIMOS, and ba taken and used as evidence in an objection
to the registrar's report on such reference.
"X. The pleadings and proofs shall, in all contested suits,
unless the ju•lge shall order to the contrary, be printed prior
to the hearing thereof, and such printing shall ba in such
manner and form and under such regulations in regard to
the cost and mole of printing the same as the judge of the
sail court may from time to time direct.
" XI. These rules, orders, and regulations shall, if pre-
ciously approved by her Majevy in Council, conic into ope-
ration.en the let of January, 1856. _ _

" Witness lily hand this Isi day of De6_,. 1851.
• " STEPH LEN USIIINGTON."

"ORDER IN COUNCIL CONFIRMING CERTAIN RULES,
ORDERS. AND REGULATIONS FOR THE HIGH COURT
OF ADMIRALTY IN REGARD TO INSTANCE PROCEED-
-1 NES
At the Court at Windsor, the 7th day of Dec., 1855—
present, the Queen's Most Excellent Majesty in Council ;
Whereas the Judge of the High Court of Admiralty, under
the provisions of an act passed in the session of Parliament
hell in the third and foiirth years of her Majesty's reign,
entitled Au Act to improve the Pt actice and extend the
Jurisdiction of the High Court of Ailniirelty of England,
made and submitted to her Majesty in Council curtain
rules, orders, and regulations respecting the practice and
mode of procee ling in the said court, and the conduct and
duties of the officers and practitioners therein in regard to
instance proceedings; now, therefore, her Majesty, having
taken the said rules, orders, and regulations into considera-
tie& is pleased, by and with the advice of her Privy Coun-
cil, to approve and confirm the same, and the said rules,
orders, and regulations (a copy whereof is hereunto an-
nexed) are hereby approved ant confirmed accordingly.
•• Whereof the judge, the registrar, and other ()dicers
of the said court, and all others whom it may concern, aro
to take notice and govern themselves accordingly.
" C. C. GREVILLE "
"DIRECTIONS IN REGARD TO PRINTING THE PROCEED-
INGS IN INSTANCE CAUSES.
" Whereas; by her Msje,ty's order in Council, bearing
date the,7th day of December, 18..5, confirming certain
rules, orders, and regulations for the High Court of Ad-
miralty in regard to instance proceedings, it is, among other
things, ordered that the pleadings and proofs shall in all
contested suits, unless the judge shall order to the con-
trary; be pe Wel prior to the hearing thereof, and such
printing shall be in such manner and form and under such
regulations in regard to the cost and tootle of printing the
seine as the judge of the said court may from time to time
direct.'
"Now I, Stephen Lushington, Doctor of Laws, Judge of
the High Court of Admiralty of England, do, in virtue of
the powers thereby conferred on me, declare that—
"l. Proceedings to bo printed in cases concluded after
the let of Jan., 1856.—1 t shall not b a necessary to print
the proceedings in any case in which the pleadings have
been concluded prior to the Ist day of Jar., 1356 ; but in
all cases in which the pleadings are concluded after that day
the who's, of the proceedings shall, unless the judge shall
order to the contrary, be printed prior to the hearing, in
accordance with the directions hereinafter given.
"2. Plaintiff to print.—The printing shall, unless the
judge shall order to the contrary, be done at the expense of
the plaintiff and under his directions or those of his proctor.
" 3. Plaintiff to be assigned to bring in printed copies.—
In an act on petition cause, at the time of the proofs being
brought in, and in a plea and proof cause, when both proc-
tors declare that they have no further witnesses to produce,
the plaintiff or his proctor shall be assigned, within the
periods hereinafter mentioned, to bring into court, and at
the same time to deliver to the defendant or his proctor,
printed copies of the whole proceedings iu the cause.
"4. Defendant to deliver copy of his pleadings and proofs
to the plaintiff. To enable the plaintiff to comply with such
assignation, the defendant or his proctor shall, in an act on
petition cause, at the time of bringing in the proofs, and in
a plea and proof cause, within a week after both proctors
shall have declared that they kayo no further witnesses to
produce, deliver a correct and examined copy of his plead-
ings and proofs to the plaintiff or his proctor, who shall
forthwith arrange the whole of the proceedings and take
immediate steps to have the same printed.
"5. Plaintiff to deliver proof within three days.—Within
three days from the time of the copies of the defendant's
pleadings and proofs being delivered to the plaintiff er his
proctor, the latter shall leave with the defendant or his
proctor a printed proof of the whole proceedings, with a
view to the correction of the press.
.‘ 0. Defendant to return proof corrected within two
days.—And if tho defendant or his proctor shall net within
two days from such time return to the plaintiff or his proc-
tor the printed proof with the necessary corrections made
therein, the plaintiff shall proceed to have the required
number of copies struck of from his own corrected proof
to enable him to comply with the assignation proviausly
made upon by the Court.
" T. Time allowed for bringing in printed papers.—ln
all ordinary cases, where the proceedings do not exceed
ton printed sheets, the time which the printed copies of
the papers shall be brought in shall be, in an act on peti-
tion cause, within a week from the time of the proofs being
brought in ; and, iu a plea and proof cause, within 14 days
after both proctors shall have declared that they have no
further witnesses to produce; provided, nevertheless, that
ttimhee forCotute purpose.thmav,
whenever it shall sea fit, allow further
" 8. If printed copies not brought in Court may dismiss
the cause with costs.—ln case the plaintiff, or his proctor,
shall neglect or refuse to comply with the assignation of
the Court relative to bringing in and delivering to the ad-
, verse proctor, within the required time, printed copies of
the proceedings, the Court may, if it shall think fit, dis-
miss the cause with costs.
" 9. Style of printing.—With a view to insure nnifor-
' mitt' in style, all cases shall be printed in
idea type, with
leads between the lines (4 to a pica thick), and the page
shall he 40 ems wide, exclusive of marginal notes (if any),
an, .ems pica long.
148
" 10. Charge for the acme.--The charge to be allowed

on taxation for each sheet of four pages shall be,—lf 50
copies are printed, 38s. per sheet; if 100, 40s. per sheet ;
if 150, 428. per sheet ; if 200, 445. per sheet ; if 250, 465.
per sheet ; to include inside marginal figutes to every 10th
line ; but no marginal notes will be allowed for.
`II. Extra for table work.—For table-work an extra al-
lowance shall be made as follows :—lf in pica type, ss. per
page ; small pica, 78. per!page ; long pri me; 104.61. per page ;
but iu all cases where pica or sin,4ll pica can be used for
table work, a smaller type shall not be allowed for on
taxation.

" 12. Charge to include overvthiog.—The paper on
which the proceedings are printed shall be fine demy,
weighing not less than 241 b. per ream, and the prices men-
tioned above shall include all chsrgea for printing, paper,
folding and stitching, and if a wrapper be required it shall
be charged for as half a sheet.

" 13:No allowance to be made for corrections—As proc-
tors will he allowed 2d. per folio for examining the copies
for the printer, no charge will be allowed on taxation for
corrections. The prices given above will incluas the correc-
tion of all errors of type arising with the printer; and if
any errors occur in the copies furnished to the printer the
expense of correcting them must be borne by theparty with
whom the same originated. .
"14. Number of copies ordinarily,required.—The BUM'
ber of copies of the printed papers ordinarily required,
where there are but two par iss to the suit, will be 150
viz , 50 for the Admiralty Court, of which 10 shall be
brought into the registry, and 23 deliverecito the defendant
or his proctor, and 10G additional for the Court of Appeal,
which the plaintiff or his proctor shall be bound to deliver•
in all cases of appeal free of all expense ; and of which 60
shall be brought into the appeal registry and 20 delivered
to the defendant or his proctor, and consequently the
charge to be ordinarily allowed on taxation will be 425.
per sheet, with extra for table-work.
" 5. Larger nnmber of copies may sometimes be allowed.
Where the e are more than two parties to o snits propor-
tionably lot ger number of copies shall be pi in tea as well, for
the Admiralty Court as for the Court of Appeal, and a pro-
, portionally higher charge will then be all Owed en taxation,
according to the scale of charges set forth in paragraph EL
" N. Proctors may employ any printer.—Prpcters will be
at liberty to employ any printer whom they may select, but
in case MG printinpsh.;uld not be donei taxibet.o in thalami,
and manner above prescribed, either they.shall be beund.to
'reprint the whole proceedings, or- else they shall not be
allowed on taxation any sum whatever for the printing.
" S. LUSHINGTON, Judge. •
" Dated the 31st of December, 1855.

" N B. Messrs. Eyre and Spottiswoode, of East Harding-
street; Messrs. Clowei and Co , of Duke street, Stsmford.
street, Blackfriers ; and 11lesirs. Waterlow, of Birchin-
lane, City, are willing to print the proceedings within the
times prescribed and at the prices state." eheve'as those
which will be allowed on taxation."

7 g • • •!:‘ • -

from her moorings of Woolwich Arsenal, and.eteamed
doWn to: Greenhithe to try her 'machinery at the mea-
sured mile..
The ambulance waggon the compartments of which
were minutely inspected by: her 'Majesty on her late visit
to Woolwich, has been forwarded to the contractors to
that department, with an order Jor the execution of a
considerable number precisely similar to the model.
The following appointments were made yesterday 'ut
the Admiralty :---
Lieutenant C. 0. B. Hall, to the Royal ;
Lieutenant C. F. Palmer, to the Conflict ; F. W. Ben,
Master, to the Vigilant; Thos. C. Tilly, Second Master,
to the Alacrity ;-William Pearce, Second Master, to the
Surptise';- E. P. Bed well, Second Master, to the Assur-
ance ; E. J. Maitland, Second Master, 'to the Osprey ;
P. C. Johnston, Naval Cadet, to the Orion ; W. C.
Karslake, -Aral Cadet to the sanspareil.' • R. F. ila,m-
,mick, Naval'Cadetrterthe Calcutta; and H. 'C. Wallis
and E. Seale, Naval Cadets, to the Centurion.

EASTER VESTRIES.

ST. PAUL'S, XNIGHTSBRIDGE.

The vestry assembled in the -parochial school-room,
Wilton-place). Por some days past the greatest possible
eecitement has• prevailed in the parish; in consequence
of the opposition offered to the re-elention of Mr. Wes-
terton in the person of Mr. J. H. nick, a florist and,
coal merchant. By the friends of Mr. Westerton it was
alleged that Mr. Tuck's return would virtually put an
end to the suit now pending which Mr. Westerton
and Mr. Beal are thnpromotere, and the Hon. and,Rev.
Bellied Liddell, M.A„ the iecuinbent 'of St. Paul aid St.
Barnabas,.is the defendant. On the other •hand, it was
contended •by -Mr: Tuck's filen& that Mr. Westerton
was unworthy-of the confidence of the parishioners, as
he had proved himself disloyal, to We' Queen, and an
roe-my to the °bur& England. 5uch...Aber...2.74, on well
as many °tilers of a -minor Charattet; we're placarded
about the district by both-parties with the utmost perti-
nacity.
In a few'moments after the sehOot-room doors were
opened there was a tremendous rush. It is an up-qairs
room, capable of holding ahnut a couple, of hundred ner-,
eons; and was-soon. filled. Some two, or three hundred
ether persons remained outside, being unable to effect
an admission. •On its being put to the vote an
,odjourn-
mont to the back yard of the school was carried .by a
large and anxious majority, ieho lost no time in making
their escape.
As aeon as the audience bad assemblfd, the "open.
air meeting" was commenced by the Hon. anti Rev.
Mr. Liddell declaring himself ex officio in the chair.
At this stage of the proceedings Mr. Gill, market
gardener, presented his card and " /ii tie account" to the
rector, and demanded payment of .131., balance of 161.
due foe flowers furnished for the decoration of the
church. He said he had. received 31. en account, but
could not get the test, and he wanted the money very
badly. He had been represented. ,as a pauper, but he
never was a pauper in his life.
Mr. LIDDELL— Well, send in your account then.
Mr. GELL —I have sent it in.

Mr. LIDDELL—If you disturb the business of the
meeting I shall give you over to the care of a police.
man. You are not a householder of this district.
(" Shame," and hisses.)
Mr. GELD—Never mind, you owe me the money.
Mr. LIDDELL—If I owe you anything it shall be
paid ; but I knoW nothing about it.
The CHAIRMAN then stated the object of the meeting.
It was usual, he said, to read the minutes of the pre-
vious meeting before commencing the business that
called them together, but the minute-book was not
forthcoming. Where it was he could not tell, for he
bad not had charge of it for some time. He should no-.
initiate as a ohurate4varden, on his own behalf, Mr.
William Jackson, of No. 50, Wilton-oreseent,
then leave the ratepayers to exercise their own peouliar
function, -which was to elect a fit and proper person
to fill the office of churchwarden for the ensuing year.
If no other candidate were nominated,
.he_ would put
the question tWthe meeting.
The Hon. and Rev. F. BARING said he believed he
rept e-,ented the universal sentiment of the ratepayers in
eaying that they owed a great debt.of gratitude to Mr.
Weeterton for the zeal, ability, and coursge with 'which
he had fulfilled the effic3 of .ohurehwart.ten, fur the past
three years. (Cheerii He hail.. not only done. hie
own duty, int instructed the' chair Man in his. He had
maintained his rights, and had shown that ho was not
appointed solely to" look after the building, but..also to
take care of the funds .of the parish. He shc.wed it
to be his proeince to see that the money collected -at 1
'the offertory for the poor should not, be frittered away
in fieral decorations. (Hear, hear.) They had heard
that Mr. Tuck was to be put forward, and if he were
elected the ratepayers wou.d
,not only have Mr. Tuck
the 11,rist as purveyor of flowers to the church, but
also as auditor of the accounts. If Tuck became their
'churchwarden, he feared there would be very -little
"tuck" left fee the poor. (Laughter and cheers.) He
had been asked by Mr. Westerton to take tl e office
in his stead, hitt Ite had always. refused ; first, becau,e-
he did not feel coMpetent; and secondly, because he
could not conscientiously sit, in the parish church, and
hear the Bible perverted. nid
_cheer, and cries of .
• So' it is';i' "Its' rank blasphemy, and nothing elee,")
Independently of -religious, scruples, he felt that he
could never have any sort ef confidence in Mr. -Lid-
dell.. ; Who would r He had no hesi-
tatien in saying that a person who would break faith
with him in one instance would break faith in others. Mr
Liddell had sent hiin a message by two per-oral friends
that if he (Mr. Earii,g) would take legal measures to re-
move those things which the Bishop of London obj-Tted
to, he (Nle. Liddell) would offer no opposition. A faculty
had accordingly been applied for, and the re-nit was well
krigwri. The faculty was granted, but Mr. Liddell had
appealed against it, (Groans and hisk;ea.)
_ _

The CHAIRIIAN said he wished to ascertain what .the
law wa,. When that was really ascertained; .he was ready
to bow to it. (Renewed groaning.). , •
Mr. BARING—The impression no doubt was, that the
churchwardens would not have shown so inu.lh determi•
nation, but he was proud to say, there were members of i
the Established Church who were not, lukekarm, and
there should be no peace in the parish while the existing
state of things continued. The hon. gentleman concluded
by declaring he would continue the struggle single-han.tied,
if ever it came to that point, and proposed Mr. Wester
ton as churchwarden for the'ensuing year.
Mr. JONES, M.P. (if Pen Glas), seconded the nomi-
nation. The contest ha i only been got up with a view to
baulk the decision of the question between Mr. Wester.
ton and the chairman. (Rear.)
Mr. LIDDELL asked whether there was any other can-
didate to be proposed, and loud calls were made ter Mr.
Tuck, but he did not appear.
Mr. BEAL said he had authority to state that he had
retired from the contest. (4. voice— "He is regularly
tucked up.")
DIVETT, M.P., said he rarely took part in pare -
.chial contests, but he had cline forward on the present
occ tsion to vote for Mr. Westerton if occasion required.
Mr. Westerton was then declared duly elected ; Mr.
Liddell stating that he l a l nothing t,) do with the oppo-
sition to his return—a fact which that. gentleman would
confirm. (" Hear, bear," from Mr. Westerton.) .
Mr. WESTEIiTON tiler), addressed the meeting, acknow-
ledging the compliment paid to 'him, and explaining some
facts which had been made the ground of misrepresenta-
tion of his conduct. He then proposed, and Mr. Beal
seconded, a vote of thanks to Mr. Liddell for his conduct
in the chair, which was agreed to, Mr. Beal expresing a
hope that the hon. and rev. ,gentleman would hereafter
rely upon such popular expressions of good will rather
than upon meretricious trumpery upon which he had
hitherto depended.
Mr. LIDDELL briefly acknowledged the compliment,
and the proceedings terminated.

ST. LUKE'S, CfIXLSEA —The vestry in this parish met
in the vestry-room attached to the church, for the elec-
tion of churchwarden. Mr. Wain was declared duly
elected.

PADDINGTON.—Messrs. W. Southwood and G. Y.
Robson were appointed churchwardens for the ensuing
year.
ST. MART, ISLINGTON.—Mr. John Savage, Mr. John
Shadgett, and Mr. C. L. Jenkins were re-elected church-
wardens.

ST. MARY, NEwixTrox.—Mr. W. T. Iliff was ap-
pointed rector's warden, and Mr. E. C. Danner as tho
parish churchwarden.
ST. MARY, LASIBETII.—The attendance was very li-
mited, and, after some discu-sion, the following were
elected churchwardens :—Messrs. Woronzow Greig, C.
Brooke, S. Hinton, and R. Shaw.
ST. SAVIOUR'S, SOUTHWARIC.—The following gentle.
men were elected as churchwardens:—Messrs. Monnery,
Bastow, Allerdyce, Newton, Lindi-ay, and Smith.

CHRIST CHURCH, BLACKFRIARS ROAD.—Mr. Hem-
mings and Mr. Crafter were duty'elected churchwardens.
ST. GEORGE THE MARTYR.—Messrs. Barlow, Brazier,
and Gilpin were elected.
BERMONDSEY.—Mr. R. Walker was re-elected one of
the wardens of St. Mary's, Mr. T. P. Slee, rector's
warden, and Mr. Alfred Bevington warden of St.
James's church.
ST. BOTOLPH, ALDG&TE WITHOUT, UPPER EAST
SMITHFIELD. —Mr. W. Morgan and Mr. J. B. Whyte
were the churchwardens selzcted by the vestry for the
ensuing year.
ST. GEORGE-THE-MARTYR, QUEEN•SQUARE.—Mr. J.
E. Grubbe aad Mr. J. W. Taylor were eielted.
HOLY TRINITY, GRAY'S-INN-BOAD.—The churchwar-
dens elected for this district were Mr. W. Melton and
Mr. S. Pearson.
ST. MATTHEW, BETHNAL•GREEN.—Mr. J. Isendyke
and Mr. T. M. llandebourch were duly chosen church-
wardens.
ST. PLTER'S, SAFFRON-HILL.—Mr. Barough was re-
appointed minister's churchwarden, and Mr. S. Green
was elected warden for the district, in the room of Mr.
W. Sandland.
ST. SEPULCHRE'S, SKINNER-STREET.—Mr. G. Scam-
mell, Mr. 11. a Paget. and Mr. E. Passmore were
elected churchwardens for the year ensuing.
ST. GILES, CAMBERWELL.--The election fell =Messrs.
Pugh, T. Anson, arid Nail. -

A iIEBREW CHURCHWARDEN.-At a meating of the
vestry of Et, Magnus the Martyr, held on Easter Toes•