Section 140 — Assessors in causes of salvage, etc.
Expert help for sea cases. In an admiralty or vice-admiralty cause of salvage, towage or collision, the Court — at first instance or on appeal — may, and must if either party asks, summon two competent assessors to assist it (1). The assessors are paid fees for their attendance, by such of the parties as the Court directs (2).
How to read Section 140
The setting (1)
It applies in admiralty / vice-admiralty causes of salvage, towage or collision — sea disputes that turn on technical, nautical facts.
May — and Shall
The Court may summon assessors of its own motion; but it shall do so on the request of either party — discretion becomes a duty.
Two assessors + fees
Two competent assessors attend and assist the Court; they receive fees, paid by the parties as the Court directs (2).
The bare Act
(1) In any admiralty or vice-admiralty cause of salvage, towage or collision the Court, whether it be exercising its original or its appellate jurisdiction, may, if it thinks fit, and shall upon request of either party to such cause, summon to its assistance, in such manner as it may direct or as may be prescribed, two competent assessors; and such assessors shall attend and assist accordingly.
(2) Every such assessor shall receive such fees for his attendance, to be paid by such of the parties as the Court may direct or as may be prescribed.
In short: in sea cases of salvage, towage or collision, the Court may call in two expert assessors — and must if a party asks — to assist it on the technical questions; the assessors are paid fees, shared among the parties as the Court orders.
→ Assessors assist — they advise the Court on nautical / technical matters; the decision remains the Court’s. The duty is conditional: discretionary normally, but mandatory on a party’s request. It runs in both original and appellate admiralty jurisdiction.
Key terms decoded
A maritime (sea) cause. Vice-admiralty was the admiralty jurisdiction historically exercised by courts outside England — here, the Indian courts’ sea jurisdiction.
The three sea-cause types: salvage (reward for rescuing a ship / cargo), towage (towing a vessel), collision (ships striking one another).
An expert who sits with the Judge to advise on technical (nautical) points. An assessor assists — he does not decide; the Court decides.
The Court may summon assessors on its own; it must (“shall”) when either party requests it — the request converts a power into a duty.
The power applies whether the Court is trying the cause at first instance or hearing it on appeal.
The assessors are paid for attending; the Court (or the rules) decides which parties bear the cost.
The picture — expert assessors for a sea cause
§ 140 brings expertise to the bench in sea cases: where salvage, towage or collision raise technical questions, two assessors sit with the Court to advise — compulsorily if a party asks — while the judgment stays the Court’s own.
Part by part — the two sub-sections
Sub-section (1) gives the Court the power to bring in nautical expertise — a power it must exercise the moment either party asks for it.
In any admiralty or vice-admiralty cause of salvage, towage or collision…
Only in these maritime causes — where the issues are technical and nautical — and in original or appellate jurisdiction alike.
…the Court … may, if it thinks fit, and shall upon request of either party … summon to its assistance…
A discretion of the Court — but a duty once either party requests assessors. The request is decisive.
…two competent assessors; and such assessors shall attend and assist accordingly.
Two competent assessors are summoned (in the manner directed or prescribed) to attend and assist — advising the Court, not replacing its judgment.
Sub-section (2) settles the cost: the assessors’ help is not free — they are paid fees, and the Court decides which parties bear them.
Every such assessor shall receive such fees for his attendance…
The assessors are entitled to fees for attending — a paid, professional assistance to the Court.
…to be paid by such of the parties as the Court may direct or as may be prescribed.
The Court allocates the cost among the parties (or the rules do) — flexible, case by case.
How the two sub-sections flow
Bring in the experts — and pay them fairly
Connected provisions
Section 140 is one of Part XI’s court-machinery provisions — here, equipping the Court with expert assessors for technical admiralty causes. It stands beside the other machinery sections on language, affidavits and miscellaneous proceedings.