THE EMPIRE QUEEN. [Admiralty.]

• Jurisdiction: Ireland
• Judgment Date: 16 January 1869
• Date: 16 January 1869
• Court: Court of Admiralty (Ireland)

Admiralty.

THE EMPIRE QUEEN.

The KateENR Bro. & Lush. 218.

The Argo Swa. Rep. 112.

William and JohnENR Bro. & Lush. 49.

The ElonoreENR Bro. & Lush. 185.

The FusileerENR Bro. & Lush. 341.

The Stella Law Rep. 1 Ad. & Ecc. 340.

The PyrenneeENR Bro. & Lush. 189.

Practice — Appearance under Protest — Jurisdiction — Staying Proceedings — Costs.

VoL. III.] EQUITY SERIES. tering the affidavit, it appears to me impossible to hold that he is not to have the benefit of the exception contained in the 8th and 10th sections of the Statute 33 Geo. 2, that exception being of debts and. incumbrances secured by conveyances registered within a month of their execution. This, it is to be observed, is also a debt incurred before Kennedy was a banker. The Plaintiff contends that when Kennedy became a banker it was only a judgment ; and as the lands were not acquired until after 1850, a judgment, as such, is no charge upon them, and that, therefore, these creditors can derive no benefit from the exception in the Statute of debts and incumbrances contracted before the debtor became a banker. But although this did not become an incumbrance before Kennedy was a banker, may it not be a " debt" within the exception, and so exempt from the levelling provisions of the Statute, and left as if they did not exist ? If they did not exist, the creditors could, by filing the affidavit, make it a charge on the lands. I do not, however, rest my decision on this view. 71 Rolls. 1868. DAVIES v. KENNEDY. Solicitor for the Plaintiff : Mr. X. Larkin. Solicitors for the Defendants : Messrs. Orpen and Sweeny. THE EMPIRE QUEEN. Admiralty. Practice-Appearance under Protest-Jurisdiction-Staying Proceedings- . 1869 Costs. Jan. 16. A Defendant who appears under protest should file his petition on protest before any further step is taken in the case ; but an objection to the jurisdiction of the Court may be raised at any time pending the cause, notwithstanding a defect or an irregularity in the petition on protest. A Defendant in a cause of salvage filed a petition on protest, alleging, that the ship salved was not of the value of £1000 when first brought into safety, and that no proceedings were taken against the cargo in that suit. Held, that the petition did not show sufficient ground to oust the jurisdicÂÂÂtion of the Court of Admiralty, as it did not state that the property salved was under the value of £1000. Tins was a suit for salvage, which was brought by...