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GAZETTE
JULY/AUGUST 1984
(Footnotes — contd. from p. 167)
mortgage or charge on a ship.
The appeal was accordingly dismissed.
16. The Evangaline 5 Jur.N.S. 108, 137; 2 L.T.N.S. 137.
17. Section 41.
18. Section 42.
19. Section 43.
20. Section 46.
21. Sections 51 & 53.
22. Section 50.
23. Section 49.
24. Section 70.
25. Section 72.
26. The Court of Admiralty (Ireland) Amendment Act, 1876, (c28).
27. Section 16.
28. The Supreme Court of Judicature (Ireland) Act, 1877 (c57). Section
9.
29. Cited as: The Courts (Supplemental Provisions) Acts, 1961-1981.
30. S.I. 72 of 1962, (Pr.6559).
31. Order 64, Rule 1.
32. Bottomry was a type of mortgage or bond executed in cases of
necessity by the Master of a ship, say in order to have repairs done
urgently when no other money or credit was available. The ship's
hull or bottom was mortgaged by a bond given to the lender, hence
the term "Bottomry". With modern systems of communication and
improved credit transfer systems, the practice has become rare.
33. Order 64 Rule 5.
34. Order 64 Rule 43.
35. Order 64 rule 45.
36. Order 64 Rules 1-62 & Appendix J.
37. The Court of Admiralty (Ireland) Act, 1867, Section 84, later
repealed by the Statute Law Revision (No. 2) Act, 1893.
38. Section 80.
39. Section 74.
40. Section 75.
41. Section 79.
42. Section 2.
43. 81 I.L.T. & S.J. p.204. Also
Grimes-v- S.S. Bangor Bay.
83 I.L.T.R.
— O'Byrne J. p.71.
44.
Bull
-v-
Pile (The Erminia).
27 I.L.T.R. 136.
45. 1876 Act, Section 77.
46. Statutory Rule dated the 5th day of July 1918 which increased the
costs and charges in local courts.
47. Treatise on the Courts of Justice Act 1924 by Gerald Horan, K.C.,
published by John Falconer. See 58 l.L.T. & S.J. p.98; 81 I.L.T. &
S.J. p.204. See also a series of articles published in 58 I.L.T. & S.J.
48. 1924 Act Section 51.
49. 1876 Act Section 3.
50.
Grimes
-v-
S.S. Bangor Bay
83 I.L.T.R. 67.
51. Courts of Justice Act, 1924.
52. Courts (Supplemental Provisions) Act, 1961, Section 23.
53. O'Keeffe J. in the
Stale (Kinvarra Shipping Ltd.) -v- Thomas Neylon
[1974] I.R. 11 at p. 16.
54. 1867 Act, Section 93.
55. See Carleton's
Jurisdiction and Procedure of the County Courts in
Ireland.
2nd Edition (1891) at p.992-1023.
56. Circuit Court Rules 1930 Order XXXVI.
57. Circuit Court Rules 1950, S.I. 179 of 1950.
58. 1924 Act, Section 51.
59. 1867 Act, Section 3.
60. Maritime Jurisdiction Act, 1959, No. 22.
61. Courts of Justice Act, 1924.
62. [1974] I.R. II.
63. At page 11.
64. Courts (Supplemental Provisions) Act, 1961.
65. The
Kinvarra Shipping
case was decided before the commencement
of this Act.
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