ANGLO-SOVIET SHIPPING COMPANY, LTD. v. "BELDIS." (APPEAL OF LAMBERT BROS., LTD., INTERVENERS).

(1935) 53 Ll L Rep 255

COURT OF APPEAL.

Before Sir Boyd Merriman (President), Lord Justice Scott and Mr. Justice Swift.

Practice-Admiralty jurisdiction-County Court-Proceedings in rem-Action brought in County Court by plaintiffs against defendants for money due to plaintiffs under an award in an arbitration held by virtue of a clause in a charter-party concerning defendants' steamship Belfri-Arrest of steamship Beldis, also belonging to defendants, ad fundandam jurisdictionem-Judgment entered against defendants in default of appearance-Intervention by Lambert Bros. as mortgagees of Beldis-Issue submitted to Court by agreement between plaintiffs and interveners: "Whether the plaintiffs' action in rem against the s.s. Beldis is maintainable in view of the fact that the plaintiffs' claim in this action arose out of a charter-party of the s.s. Belfri being a ship belonging to the same owners"-Decision of learned County Court Judge, following dictum of C.A. in the Heinrich Bjorn, 10 P.D. 44, that an action in rem was maintainable -County Courts Admiralty Jurisdiction Acts, 1868 and 1869- "Any claim arising out of any agreement made in relation to the use or hire of any ship."