CORNELL LAW LIBRARY *tSK»^-5 E^ OlorttfU ICam ^rliaal Hibratg Cornell University Library KD 1836.K23 1894 The law relating to shipmasters and seam 3 1924 022 366 060 Cornell University Library The original of tiiis book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924022366060 KAY ON THE LAW RELATING TO SHIPMASTERS AISD SEAMEK SECOND EDITION. THE LAW KELATIJfG TO SHIPMASTERS AND SEAMEN THEIR APPOINTMENT, DUTIES, POWERS, RIGHTS, AND LIABILITIES. BY JOSEPH KAY, Esq., M.A., Q.C., OF TRIN. COLL., CAMBRIDGE, AND OF THE NORTHERN CIRCUIT; SOLICITOR-GENERAL OF THE COUNTY PALATINE OF DURHABI; ONE OF THE JUDGES OF THE COURT OF RECORD FOR THE HUNDRED OF SALFORD ; AND AUTHOR OP ** THE SOCIAL CONDITION AND EDUCATION OP THE PEOPLE IN ENGLAND AND EUROPE." SECOND EDITION. BY The Hon. JOHN WILLIAM MANSFIELD, M.A., OF TRINITY COLLEGE, CA3IBRIDGE ; AUTHOR OF a PAMPHLET ON "MARITIME LIEN," AND ASSISTANT EDITOR OF '*HASSDEN'S COLLISIONS AT SEA;" GEOEGE WILLIAM DUNCAN, Esq., B.A., UVTE JUNIOR STUDENT OF CHRIST CHURCH, OXFORD J BOTH OF THE INNER TEMPLE AND THE NORTHERN CIRCUIT J BARRISTERS-AT-LAW. LONDON: STEVENS AND HAYNES, BELL TAKD, TEMPLE BAE. 1894. ( - ) PREFACE TO THE SECOND EDITION. The scope and object of the following work is described by the author in the original preface, .which is printed below. In order that it may be better adapted for use by Shipmasters and others, to whom compactness is important, the present edition has been confined within the dimensions of a single volume, a proportionate reduction being made in the price. The carrying out of this object has involved much compression and re- arrangement, producing a considerable change of form; while the lapse of some nineteen years since the publica- tion of the first edition has involved an equally consider- able change of substance. Indeed many passages have been almost entirely re-written — for example, those re- lating to demurrage, general average, the master's lien on the cargo and his remedies for wages and disbursements, and the chapters on collisions and salvage ; while much new statutory matter has been necessarily inserted, (a) On the other hand, the editors have made it their object to utilise to the full the wide research which charac- terised the work of the late Mr. Kay ; and they confi- (a) The Sea-flshing Service is now the subject of a special series of statutes. It has not been thought necessary or desirable to do more than briefly refer to their more important provisions, in dealing with the corresponding clauses of the general Acts. Ti PREFACE TO THE SECOND EDITION. dently hope that in studying brevity they have not unnecessarily sacrificed any of the fruits of his industry. The number and complexity of the statutes and orders relating to the subject were referred to in the preface to the first edition. The inconvenience then complained of has been steadily growing ever since, until the codifi- cation advocated by the author would seem to be a necessity ; and it has at length, after being talked of for many years, been embodied in a Bill presented to the House of Commons in August, 1893. This circumstance, occurring after nearly three-fourths of the text had been printed off, rendered it necessary to suspend further pro- gress until a recent date, when it became known that the measure would be dropped ; and the publication of the present volume, which, it was hoped, would have been completed by the beginning of the legal year, has been consequently delayed until the present time. The future fate of the Bill and the shape in which it may ultimately receive the sanction of Parliament are alike uncertain ; but should it becolne law within the next twelve months it is in contemplation to make it the subject of a supple- mentary volume. Some slight further delay has been occasioned by the recent Employers' Liability Bill ; the passage relating to that subject having been kept in type in the expectation that the Bill would pass. Several new titles have been added to the Index, which, it is hoped, will increase its utility, and great care has been taken to render the parallel references in the Table of Cases as complete as possible. The delay in publication above noticed renders it necessary to direct especial attention to the addenda, which are inevitably more numerous than would otherwise have been the case. PEBFACE TO THE SECOND EDITION. vii The editors desire to express their sense of obligation to Mr. Leaker, of the Board of Trade, and to other officials of that Department and of the Trinity House, for the ready courtesy with which they supplied copies of all documents and orders for which application was made, and some of which will be found reproduced in the Appendix; They also wish to acknowledge their indebtedness, as well to the valuable works of the Hon. Mr. Justice Kennedy, Mr. R. G. Marsden, and Mr. T. G. Carver, on Salvage, Collisions, and Carriage by Sea respectively, as to the older treatises (6) referred to in the Author's preface. J. W. M. G. W. D. The Temple, February, 1894. (6) In the present edition the references to Arnould's " Marine Insurance " are to the Second Edition, the last published in the author's lifetime. ORIGINAL DEDICATION. TO SIR JAMES PHILLIPS KAY SHUTTLBWORTH, Bart., D.C.L. of Oxford, etc. My deab James, this book, upon which I have been engaged for the last ten years, I dedicate to you, who encouraged and enabled me to overcome the earlier difficulties of my professional career. Your affectionate Brother, JOSEPH KAY. 9 Kihg's Bench Walk, Temple, 15f7i April, 1875. ( ^i ) PREFACE TO THE FIRST EDITION^. This book is an attempt to state simply and clearly that part of the British Shipping Laws which more particularly affects Shipmasters and Seamen. It does not pretend to be a com- plete Treatise on the Shipping Laws. There are several important portions of those Laws of which it does not treat at all. There are others, of which it only treats so far as is necessary to explain its own particular subject. It is hoped that it may prove to be a useful book of reference for intelligent Masters, and for Ship-agents and Consuls in foreign ports, on matters relating to Shipmasters and Seamen. I need hardly say that I have been greatly aided in its compilation by the learned and able works and researches of those who have preceded me in the treatment of the subject of our Shipping Laws. I am more particularly indebted, as the references will show, to the able but condensed Compendium of the Law of Merchant Shipping, by the Hon. Mr. Baron Pollock and Mr. Maude ; — to the learned Treatise on the Law of Merchant Shipping, by Mr. Maolachlan ; — to Mr. Maclachlan's very careful and learned edition of Sir Joseph Arnould's Treatise on the Law of Marine Insurance ; (c) — to the late Mr. Justice Shee's edition of Lord Tenterden's Treatise of the Law relative to Merchant Ships and Seamen ; — to Mr. Parson's Treatise on the Law of Shipping ; — to Mr. Phillips' Treatise on the Law of Insurance ; — and to the (c) See note (b) in Editors' preface. xii PKEFACE TO THE FIRST EDITION. learned and most useful Treatise on the Jurisdiction and Practice of the High Court of Admiralty, by Mr. Williams and Mr. Gainsford Bruce. I have only treated of a portion of the subjects upon which these learned gentlemen have written, and I have treated such portion in reference to its relation to Shipmasters and Seamen, and not in reference to its relation to the Shipowners. The British Empire possesses the greatest Mercantile Marine of which history gives any record. Tf ^ ^ ^ "R" For such a vast Mercantile Fleet one would have thought that everything possible would have been done to render the law affecting such a vital part of our Imperial Empire as clear, as simple, and as easily to be inquired into and understood as was possible. Instead of this, however, the state of our Shipping Laws is such, that it is a difficult task, even for an experienced lawyer, to find his way among the mass of Statutes, Orders in Council, Orders of the Board of Trade, Eegulations of the Trinity House, and decisions of the various Courts, which together constitute the law upon this subject. For any one but a lawyer to find out his way without pro- fessional assistance is simply impossible. It is strange to think that even the limited part of the Shipping Laws, of which this work treats, is made up of 35 Statutes ; 1 7 Orders in Council ; Great numbers of Instructions of the Board of Trade ; Great numbers of Bye-laws and Eegulations of the Trinity House and of the different ports ; and Great numbers of cases decided on numberless points in the various Courts. What renders the confusion still greater, is the fact that of the Statutes which are in force and relate to this subject, some repeal parts of former Statutes ; some alter, or, as it is called, amend former Statutes; some re-enact former provisions; some PREFACE TO THE FIEST EDITION. xiii add to them ; so that it is often difHcult to ascertain with certainty what sections remain in force, or what is the exact effect of the existing laws. Even while this work is being printed, another Bill is before Parliament proposing to repeal or alter portions of the existing Statutes and of the existing law. All this is a matter of serious regret. And it must be said, that it is difficult to conceive what should prevent a complete codification of the whole of the Shipping Law, in so simple and clear a form that every intelligent Shipowner or Master should be able easily to ascertain for himself the leading rules of the law upon any matters relating to their business. In default of such a code, I have endeavoured to compile a guide and reference book for Masters, Ship-Agents, and Consuls, to aid them, as far as the present state of the Shipping Laws of the great British Empire will enable me to do so. I cannot conclude this Preface without giving myself the pleasure of acknowledging the kind and generous assistance which I have received from the Hon. A. P. 0. Liddell, Under- Secretary for the Home Department ; from Mr. Gray, one of the Assistant Secretaries of the Board of Trade ; and from the officers of the Trinity House. These gentlemen have most courteously enabled me to obtain from their respective Departments, copies of all the documents and diagrams which were necessary for the explanation and illustration of this work. [The Temple, 16th Apt-a, 1875.] ( XV ) TABLE OF CONTENTS. PAGE INDEX TO OASES xxv ADDENDA AND CORRIGENDA ... . . xciv CHAPTEE I. THE PUBLIC AUTH0KITIB8. SECTIONS 1, 2 The Board op Teade — Its General Functions with eep- ERENCE TO MASTERS AND SeAMEN .... 1 3 Local Marine Boards 2 4-8 Mercantile Marine Offices . . . .4 9-14 Naval Courts . . 6 CHAPTER II. THE APPOINTMENT, ETC. OF THE MASTER. 15-20 Who may Appoint or Succeed him, and how long his Authority continues ...... 9 21, 22 Who may Remove him 12 23, 24 His Qualifications 13 25-39 Examinations and Certificates ..... 15 33-35 Examinations and Oertipicates (Pilotage, Masters, and Mates) 18 36-39 Examinations and Certificates (Engineers') . . .20 40 Examinations and Certificates (Colonial) . . .22 41 Examinations and Certificates (Frauds respecting) . 23 42-59 Cancellation and Suspension op Certificates : Inquiries AND Investigations 23 60-67 His Remuneration .31 68-73 His Remedies for Wages and Disbursements . 35 74-79 His Maritime Lien 38 80-83 Ranking of His Maritime Lien 43 84, 85 His General' Duties and Authority . . . .45 86-89 His Personal Liabilities 47 xvi TABLE OF CONTENTS. CHAPTER III. PEEPARATION FOE THE VOYAGE. SECTIONS PAGE 90-95 The Master's Duty to see that the Ship is Sea- worthy ......... 50 96-99 What Seaworthiness means in Marine Insurance . 54 100-103 Seaworthiness as regards Master, Crew, and Pilot 58 104-106 Seaworthiness as regards Hull, Rigging, Loading, AND Stores . . . . . . . .61 107-110 The Master's Duty in Equipping the Ship for Sea 62 111-114 Compulsory Loadline and Draught of Water . . 64 115, 116 The Master's Duty to Carry proper Colours . . 68 117-121 What Documents he must Procure and Keep . . 69 122 Certificate of Registry 71 123-127 Log Book: Official Log 72 128-130 Bill of Health; Passport; Duty on Change of Masters 77 131-134 His Duty to obtain the necessary Clearances, etc. 78 CHAPTER IV. THE VOYAGE. 135-140 When the Master should set Sail on the Voyage: his Duty to comply with the Warranty in the Policy 81 141-149 Duty to Sail and be ready to Load according to THE Terms of the Charter-party ... 87 150-157 Demurrage and Damages for Detention ... 92 158-161 When the Lay-days commence ..... 96 162-166 Consequences of Unforeseen Causes of Delay . 100 167-170 For what Detentions Merchant is not liable . 105 171-174 When the Master .must Sail with Convoy . . 107 175-178 Deviation: its effect on the Contract of Carriage 110 179-183 Deviation: its effect on the Policy . . . 112 184-186 Change of Voyage: its effect on the Policy . 115 187, 188 When the Ship may call at Intermediate Ports without Deviation . ■ .117 189-193 In what Order Ships must visit Ports of Discharge so AS to avoid Deviation 118 194-200 Effect of Licence Clauses in excusing Deviation . 120 201-203 Deviation by Cruising, Chasing, or Attacking . 127 204-207 When Delay in Commencing or Prosecuting the Voyage is equivalent to Deviation . . . 128 208-215 Delay or Departure from Direct Course excused BY Necessity, etc 131 TABLE OF CONTENTS. PAGE SECTIONS 216-222 The Master's Duty not to commit Bareatrt . . 136 223, 224 His Duties at a Port of Discharge : to his Em- ployers 140 225 To the Marine Office Superintendent and Consuls 141 226-230 To the Authorities of the Harbour . . . 144 231-284 The Master's Protests 153 CHAPTEE V. THE MASTBE'S DUTIES AND POWEES WITH EESPEOT TO THE CAEGO. 235-237 Generally: as Agent of the Shipowners . . 156 238-242 Generally: as Agent of the Cargo Owners . . 159 243-246 On behalf of all Concerned . . . . .163 247-259 His Duties with respect to Receiving and Stowing THE Cargo 164 260-264 When he may Sell it 174 265, 266 When he should Tranship : as Agent of the Ship- owner 178 267 As Agent of the Owners of the Cargo . . . 180 268-275 Freight: What it is and When it is Payable . 181 276-279 When Freight so called is Payable in Advance . 187 280-282 How much Freight is Payable .... 190 283-285 Pro rata Freight: What it is and When it is Payable ... 192 286-289 The Eight to Freight as affected by Capture . 194 290-297 His Lien on the Cargo: at Common Law, for Freight, Passage Money, and Average Contributions . 197 298-300 By express Contract, for Dead Freight, Demur- rage, ETC. 202 301-310 What Liens the Owner, and Master have when the Ship is Chartered 205 311-313 How the Lien may be Lost or Extinguished . . 212 314, 315 When Master may sue in his own Name for Freight OR Demurrage . . . . . . .213 316-318 Re-delivery to Consignor 215 319-328 Delivery at Port of Discharge .... 217 CHAPTER VI. BILLS OF LADING. 329 What a Bill of Lading is, and its Form . . 229 330-333 The Master's Duty in giving Bills of Lading . 231 334-338 The Effect of the Bill of Lading as Evidence . 234 h xriii TABLE OF CONTENTS. SBCTIOHS PAOB 339, 340 Tkansfee of the Bill op Lading .... 237 341-349 The Effect of the Teanspee of the Bill op Lading UPON the Peopeett in the Goods . . . • 239 350-354 The Epfect of the Teanspee op the Bill op Lading UPON THE CoNTEAOT CONTAINED THEEBIN . . . 243 355, 356 Respective Liabilities of Ownees, Mastee, and ChAETEEEE, upon the CoNTEACT contained in THE Bill 246 357-369 The Meaning and Effect of the Exceptions in the Bill op Lading ....... 248 OHAPTEE VII. STOPPAGE IN TBAN8ITU. 370 What it is and its Effect 257 371-373 Who may exeecise the Eight 258 374-381 Undee what Ciecumstanoes it mat be Exeecisbd . 261 382, 383 In what Manner the Eight mat be Exeecised . 267 •384-394 How long the Transit and the Eight to Stop continue 269 395-399 How the Eight to Stop mat be Defeated . . 278 OHAPTEE VIII. WHEN THE MASTER MAT BIND THE SHIPOWNER BY HIS PERSONAL CONTRACTS. 400-402 Bt Conteacts eelating to the Usual Couese of the Ship's Employment ... . . 282 403-408 F©R Mattees which aee Necessaet foe the Peose- cution op the Yotage 285 409-411 What Ownees aee made Liable bt the Mastee's Conteacts 290 412-417 When the Mastee mat Sell the Ship . . .291 CHAPTER IX. HYPOTHECATION. 418-428 The Eoem, Contents, and Natuee of the Conteact 297 429-443 Under what Ciecumstanoes the Master mat Hypo- thecate THE Ship ....... 306 4,44 Htpothecation of Feeight 315 445-452 Of Cargo ... ..... 316 453-464 The Legal Effect and Operation op the Contract 321 TABLE OF CONTENTS. xix CHAPTER X. THE CREW. SECTIONS PAOX 465-467 Seamen: how Regabded and Protected by Law . 330 468, 469 The Duties of the Crew 332 470, 471 Apprentices 333 472-482 The Engagement of Seamen: the Agreement with the Crew . . 336 483, 484 Advance and Allotment of Wages .... 348 485-487 Discharge and Payment of Wages .... 350 488-491 Protection of Seamen discharged Abroad and of Foreign Seamen in this Country . . . .355 492, 493 Remittance of Wages, and Savings Banks for Seamen 362 494-504 Legal Rights to Wages 364 505-507 Forfeiture of Wages 373 508 Statutory Provisions as to Forfeiture of Wages . 376 509-517 Mode of Recovering Wages and Seamen's Lien . 379 518 Relief to Seamen's Families out of the Poor Rates 386 519, 520 Wages and Effects of Deceased Seamen . . 387 521-523 Seamen joining the Kavy 392 524-527 Provisions, Health, and Accommodation . . .395 528, 529 Protection against Unseaworthiness . . . 403 530-533 Protection of Seamen from Imposition and Oppres- sion 411 CHAPTEE XI. OFFENCES AND THE MAINTENANCE OF DISCIPLINE. 534-540 Offences 414 534' Piracy 414 535, 536 Damaging Ships and Removing or Injuring Buoys OR Lights 414 537-539 Offences on the High Seas and Abroad . .416 540 The Mail Ships Act, 1891 419 541-546 Maintenance of Discipline 419 541-543 The Master's Authority, and Power to Punish Seamen 419 544-54.6 Desertion and Misconduct of Seamen . . 420 547-549 Legal Procedure 423 CHAPTER XII. PILOTS. 560-555 Pilotage Authorities, their Powers and Duties . 426 556-558 Pilot Boats and Pilot Licences .... 433 559 Signals to be Used when a Pilot is Wanted . 435 xx TABLE OF CONTENTS. SECTIONS PAGE 560, 561 The Master's Duty to Employ a Pilot . . . 436 562-566 Compulsory Pilotage 437 567 The Master's Authority while the Pilot is in Charge of the Ship 444 568 The Pilot's Authority while the Ship is under his Care 446 569-575 The Extent op the Liability of Owners and Mas- ters where Pilotage is Compulsory . . . 447 576-578 Rights, Privileges, and Remuneration of Pilots . 452 579 Offences of Pilots 455 580-584 The Trinity House 456 CHAPTER XIII. PASSBNGEES. 585, 586 The Master's Authority over the Passengers . 462 587-589 The Master's Duty to the Passengers, irrespective of the Statutes . 464 590-592 Rights of Passengers under their Contract, irre- spective OF THE Statutes . . . . .466 593-624 Statutory Provisions for the Protection of Pas- sengers 467 594 Build and Equipment of Steamships . . . 467 595-599 Survey of Passenger Steamers 468 600-625 The Passengers Acts 474 601-609 Certificates op Clearance, and Requirements thereof ......... 476 610 Computation op Length op Voyages .... 484 611-614 Provisions and Medicines 434 615-618 Rights of Passengers in Case op Casualty . .491 619-622 Penalties for Breach of Statutory Provisions . 496 623, 624 Colonial Voyages, and Voyages to the United Kingdom 5qO 625 Forms of Passengers' Lists, Contract Tickets, etc. 602 626 Offences on Passenger Steamers .... 509 CHAPTER XIV. COLLISIONS. 627-634 The Liability op Owners and Masters for Damage BY Collision 685, 636 Inevitable Accident 637-641 The Remedies of the Owners of the Injured Ship 517 642 Limitation op Liability g2i 511 516 TABLE OF CONTENTS. xxi SECWONS I'AGB ■■643-647 Peinciples Governing the "Right to Compensation . 522 648-663 Principles Regulating the Amount or Compensa- tion 525 654-684 The Eegulations for preventing Collisions at Sea 528 685-687 The Master's Duties after a Collision . . . 563 CHAPTER XV. SALVAGE. ■688, 689 When the Right to Salvage arises €90,691 Life Salvage 692-699 The Essential Ingredients of a Salvage Service 700 Signals op Distress 701 Examples of Salvage Services . 702-716 Who mat Claim as Salvoes 717 Rival Salvors 718, 719 Derelict 720, 721 The Amount of the Award .... 722-726 The Valuation of the Property 727-731 Additional Compensation in Special Oases 732-734 Salvage Agreements 735-741 Apportionment ....... 742 Contribution 743-746 Foefeituee . . 747-752 The Salvoe's Remedies 566 567 569 573 674 575 586 587 588 590 591 593 595 598 599 601 CHAPTER XVI. WEEOKS AND CASUALTIES. 753-757 Receivers of Weeck, their Powers and Duties . 608 758 The Master's Duty to the Underwriters on Aban- donment ......... 615 CHAPTER XVII. THE MASTEE'S DUTIES UNDEE THE CUSTOMS ACTS. 759-762 Importation and Warehousing 617 763-767 EXPOETATION 621 768 Special Prohibitions and Resteictions . . . 627 769 Coasting Trade 627 770 British Possessions 630 771 False Declarations . . .... 633 .772-777 Smuggling . . 634 778 Quarantine 641 TABLE OF CONTENTS. APPENDICES. PAGE No. 1. A. General Rules for Formal Investigations into Shipping Casualties, 1878 645 B. Additional Rules, 1879. (Appointment and qualificar tions of Nautical and Engineering Assessors)' . 648 C. Additional Rules (Appeals and Re-hearings), 1880 650 No, 2. The Foreign Animals Order, 1893, Arts. 42-48 . . 652 No. 3. Rules under The Merchant Shipping (Life-Saving Appliances) Act, 1888 655- No. 4. LoADLiNE Regulations . 663 No. 5. A. Special Precautions prescribed by The Merchant Shipping (Carriage of Grain) Act, 1880, witli respect to certain Grain Cargoes . . . .669 B. Official Notices with regard to Rules and Regula- tions Conditionally Approved under the foregoing Act 671 No. 6. A. Form of Bottomry Bond 674. B. Form of Respondentia Bond 675 No. 7. Agreement and Account of Crew : A. Foreign-going Ship ...... 676 B. Home-trade Ship 682 C. Special half-yearly agreement for home-trade Ships belonging to same owner . . .686 No. 8. Medical Scales : A. For Merchant Ships 688 B. For Passenger Ships 691 C. For certain North Atlantic Steamships . . 696 No. 9; Instructions Respecting Lime- and Lemon-juice . . 700 No. 9a. Rules for Inspection of Provisions and Water under The Merchant Shipping Act, 1892 . . . 700 No. 10. General Rules for Courts of Survey, 1876 . . 702 No. 11. Byelaws and Regulations relating to Trinity House Pilots : A. General y^q B. Rules for River Pilots Conducting the Service at Gravesend .... 714. C. Order in CouncU of May 1, 1855 (Regulations as to licensing pUots in the London District) 716 D. Order in Council of July 16, 1857 (Pilotage Certificates for several-ships of same owner) 718 TABLE OF CONTENTS. xxiii PAGE No. 11 — continued. E. Rules for Channel pilots conducting the service at Gravesend . . . . .718 P. Order in Council of Feb. 5, 1873 (Pilot licences for Exempted Ships 720 G. Order in Council of Nov. 20, 1873 (Pilot licences for Sea or Channels beyond the Limits of any Pilotage Authority) . . . .721 No 12. Table of Rates or Pilotage (Trinity House) . . 722 No. 13. DiETABT Scale (for Passengers) . . . . 725 No. 14. Rules for Passenger Ships : A. Order in Council of Aug. 9, 1866 (Medical Officer) 726 B. Order in CouncU of Feb. 3, 1863 (Unprotected Female Passengers) . . . . .726 C. Order in Council of Jan. 7, 1864 (Preservation of Order, Health, &c.) . . . .727 D. Order in Council of June 28, 1875 (Distilling Apparatus) . . . . . .729 No. 15. Table W in the Schedule to the Merchant Shipping Act, 1854. Salvage Bond 730 No. 16. Extracts from Schedule B to the Customs Consolida- tion Act, 1876 : A. Form No. 1. Report . . ' . . .730 B. Form No. 6. Entry Outwards . . .731 0. Form No. 10. Content 731 D. Form No. 11. Transire 732 INDEX . . 733 INDEX TO OASES. Law Times Reports {New Series) are cited as L. T.; the Old Series as L. T. (O. S.); Maritime Law Cases (Old Series) are cited as AT. L. C; AspinalVs Maritime Law Cases as Asp. The references in the third column, are to the sections of the book.' NAUE OP CASE. REPORTS. SECTION. Aoatos V. Burns . . 3 Ex. D. 282 ; 47 L. J. Ex. 566 ; 26W. E. 624. . . . 258,260,263,269,272, 283 285 Accomac, The (Charter- 15 P. D. 208; 59 L. .J. Ad. 91; party) 63 L. T. 118, 737 ; 39 W. E. 133 ; 6 Asp. 679 . . . 147, 359, 363, 367 Accomac, The (Salvage) . [1891] P. 349 ; 66 L. T. 335 ; 7 Asp. 153 720 Achard v. Eing . . 31 L. T. 647 ; 2 Asp. 422 . . 295 Active, The . . . 14 Jur. 606 701 Ada, The. . . '. 27 L. T. 718 ; 28 L. T. 825 ; 2 Asp. 4 673, 680 Adams v. The Eoyal, &"c., 6 0. B. N. S. 492 ; 28 L. J. 0. P. Co. ,33 162 Adamson D. Newcastle, &c., 4 Q. B. D. 462; 48 L. J. Q. B. Assn. 670 ; 41 L. T. 160 ; 27 W. E. 818 365 Adderley v. Oookson . 2 Camp. 15 591 Admiral Boxer, The . ' . Sw. 193 567 Adriatic, The . . . 33 L. T. 102 ; 3 Asp. 16 . . 687 Aeolus, The . . . L. E. 4 Ad. 29 ; 42 L. J. Ad. 14 ; 28 L. T. 41 ; 21 W. E. 704 ; 1 Asp. 516 . . . . 713 Africa. The . . .1 Spiuka, 299 ... . 733, 734 African Merchants Co. v. L. E. 8 Ex. 154 ; 42 L. J. Ex. 50 ; British, &c., Ins. Co. 28 L. T. 233; 21 W. E. 484; 1 Asp. 558 . . . .180 Afrika, The . . . 5 P. D. 192 ; 49 L. J. Ad. 63 ; 42 L. T. 403 ; 4 Asp. 266 . . 741 Agamemnon, The . . 48 L. T. 880 ; 5 Asp. 92 . . 703, 715, 745 Aginoourt, The . . .1 Hagg. 271 .... 506, 542 Aglaia, The . . . 13 P. D. 160 ; 57 L. J. Ad. 106 ; ■ 69L.T. 528; 37 W. E. 255 ; 6 Asp. 337 576,693,700,713 Agnes Otto, The . . 12 P. D. 56 ; 56 L. J. Ad. 45 ; 56 L. T. 746 ; 35 W. E. 550 ; 6 " Asp. 119 571 Agra. The. and The Eliza- L. E. 1 P. C. 501 ; 36 L. J. Ad. beth Jenkins 16 ; 16 L. T. 755 ; 16 W. E. 735 ; 4 Moo. P. C. N. S. 435 . 645, 679, 680 Agrioola, The . . 2 W. Eob. 10 ... . 668, 569 INDEX TO CASES. Tke references in the third column are to the sections of the book. NAMB OF CASE. Aguadillana, The Aid, The . . . . Aimo, The, and The Ame- lia Ainsworth v. Creeke Aitchison v. Lohre . Aitken v. Bedwell Aitken v. Emsthansen Akerblom v. Price Akerman v. Hnmphery Albano, The Albert Crosby, The (Fe- ceaaaries) Albert Crosby, The (Ap- prentices) Albion, The (Lien) . Albion, The (Salvage — Apportionment) Albion, The (Salvage — Danger) Alcock V. Leeuw Aldrich v Simmons . Aldworth v. Stewart Aletheia, The . Alexander,The (Bottomry) Alexander, The (Necessa- ries) Alexander v. Dowie . Alexandra, The Alfen, The . . . Alfred, The (Collision) . Alfred, The (Towage) Alhambra, The . Alicia Annie, The, and The Aminta v. The Scindia Aline, The Allan, The, and The Flora Allan V. Gripper Allen V. Ooltart Allerton Sailing Ship Co. V. Falk REPORTS. 60 L. T. 897 ; 6 Asp. 390 . 1 Hagg. 83 29 L. T. 118; 21 W. E. 707; 2 Asp. 96 L. E. 4 0. P. 476 ; 38 L.J. 0. P. 58; 19 L. T. 824; 17 W. E. 229 4 Ap.'Ca. 755; 49 L. J. Q. b! 123; 41L.T.323; 28 W.E.I; 4 Asp. 168 . . . . M.&M. 68 lOT. L. E. 256 .... 7 Q. B. D. 129 ; 50 L. J. Q. B. 629 ; 44 L. T. 837 ; 29 W. E. 797 ; 4 Asp. 441 . 1 Car & P. 53 . [1892] P. 419 {See The Schwan) L. E. 3 Ad. 37 ; 18 W. E. 410 . Allison V. Ins. Co. Bristol Marine Alma, The Alma, The, and The Elea- nor Alne Holme, The 681 691 679 373 720 542, 686 Addenda, 257 576, 713, 734 339, 395 629, 635 405 Lush. 44 471, 514 27L. T. 723; 1 Asp: 482 . . 77 3 Hagg. 254 ... . 696, 739 Lush. 282 1 C. & E. 98 1 Stark. 214 14 L. T. 862 ; 4 F. & P. 957 ; 2 M. L. C. 383 13 W. E. 279 . 1 Dods. 278 IW. Eob. 367 . . . . 1 H. & N. 152 ; 25 L. J. Ex. 281 14L. T. 742;14W.E. 466 Swab. 189 3 W. Eob. 232 . 50 L. T. 511 ; 5 Asp. 214 . 5 P. D. 256 ; 6 P. D. 68 ; 50 L. J. Ad. 36 ; 43 L. T. 636 ; 29 W. E. 655 ; 4 Asp. 410 .. . (iS^ee The Scindia — Salvage, Mis- conduct) I W. Eob. Ill .... 14 L. T. 860 ; 2 M. L. C. 386 . 2Cr. & J. 218; 2Tvr. 217. II Q. B. D. 782 ; 52 L. J. Q. B. 686 ; 48 L. T. 944 ; 31 W. E. 841 ; 5 Asp. 104 . . ■ . 6 Asp. 287 L. E. 9 C. P. 559 ; 43 L. J. 0. P. 311 ; 30 L. T. 877 ; 22 W. E. 920 ; 1 Asp. 209 .. . Lush. 378 (See The Eleanor, &c.) [18931 P. 173 ; 62 L. J. Ad. 51 ; 68L. T. 862; 41 W. E. 572 . 693 257 569 541, 586 728 18, 20, 421, 426, 428, 433 404 400 256 705, 729 648 698 159, 161, 223 460,638,639 681 386, 389 156, 160 168 276 709 162, 164, 168 INDEX TO CASES. Tlie references in the third column are to the sections qfthe book. NAME OF CASE. Alps, The. Alsager v. St. Katherine's Dock Co. Alston V. Herring Amalia, The Amelia, The American, The, and The Syria American Union, The Amerique, The . Amies v. Stevens Amphitrite, The Andalina, The . Andalnsian,The(Collision) Andalusian, The (Liniita- tion of liability) Anders Knape, The . Anderson v. Ocean S.S. Co. Anderson v. Owners of San Koman Anderson v. Pitcher . Andrew v. Moorhouse Andrew "Wilson, The Andrews v. MeUish . ■ . Angier v. Stewart . Anglo- African Co. v. Lam- zed Anna Christiana, The Anna Helena, The . Annandale, The Annapolis, The (Pilotage) Annapolis, The (Salvage) Anne, The Annen v. Woodman . Annie, The Annie Sherwood, The Annot Lyle, The Anon (Bottomry) Apollo, The Appleton V. Crowninshield AqnUa, The Arab, The. Araminta, The . Arcangelo v. Thompson . Ardincaple, The Argentina, The [1893] P. 109 ; 62 L. J. Ad. 69 . 275, 281 14 M. & W. 794, ; 16 L. J. Ex. 34 291 11 Ex. 822 ; 25 L. J. Ex. 177 . 34 L. J. Ad. 21 ; 6 N. R. 164 . {SeeThe Aimo and The Amelia) L. R. 4 Ad. 226; 6 P. 0. 127; 43 L. J. Ad. 30; 31 L. T. 42; 22 W. R. 927; 2 Asp. 350 . 5 Irish Jur. N. S. 380 L. R. 6 P. C. 468 ; 31 L. T. 854 ; 23 W. R. 488 ; 2 Asp. 460 . 1 Str. 128 2 Hagg. 403 .... 12 P. D. 1 ; 56 L. T. 171 ; 35 W. E. 336; 6 Asp. 62 . . . 2 P. D. 231 ; 46 L. J. Ad. 77 . 3 P. D. 182 ; 47 L. J. Ad. 65 ; 39 L. T. 204 ; 27 W. R. 172 ; 4 Asp. 22 4 P. D. 213 ; 48 L. J. Ad. 63 ; 40 L. T. 684; 4 Asp. 142 . (See Ocean S.8. Co. v. Anderson) {See The San Roman) 2 B & P. 164 . 5 Taunt. 436 ; 1 Marsh. 122 Br. & L. 56 {See Mellish v. Andrews) 1 0. & E. 357 . L. R. 1 C. P. 226 ; 35 L. J. C. P. 145; 13 L. T. 796; 14 "W. R. 477; 2M. L. C. 309 Hay & Marr. 161 ... 49L. T. 204; 5 Asp. 142 . 2 P. D. 179, 218 ; 47 L. 3. Ad. 3 ; 37 L. T. 139 ; 26 W. R. 38 ; 3 Asp. 489 . . . . Lush. 295 . . . . Lush. 356; 30 L. J. Ad. 201; 5 L. T. 326 . 5C. Rob. 100 . . . . 3 Taunt. 299 . . . . 12 P. D. 50; 56 L. J. Ad. 70; 56 L. T. 500 ; 36 "W. R. 366 ; 6 Asp. 117 . . . . 12 L. T. 682 ; 13 W. R. 641, 695 ; 2 M. L. C. 214 ... IIP. D. 114; 56 L. J. Ad. 62; 65 L. T. 576 ; 34 W. R. 647 ; 6 Asp. 50 2 Ch. Ca. 130; 4Vin. Abr. 280 . [1891] A. C. 499 ; 65 L. T. 590 ; 55 J. P. 820; 7 Asp. 115 3 Mass. 443 1 C. Rob. 37 6 Jur. N. S. 417 1 Spinks E. & A. 224 2 Camp. 620 3 Hagg. 161 L.R.I Ad. 370; 16L. T. 743 268 652 634, 658, 674, 680 479 720 358 506, 623 610, 511 681 642 701, 713 174 276, 277 760 281 264 289 730, 731, 741 118 569, 571 701, 714 701 97 691 465, 487 629 423, 466 228, 632 457 716, 718, 731 511, 513 501, 506 219 730 396 XXVlll INDEX TO CASES. Tlie rtferences in the third oolvmn are to the sections of the boole. NAME OF CASE. Argentine, The Argo, The ArgoB, The Cargo ex Ariadne, The . Arina, The Arizona, The . Arkle (or Harkle) v. Hen- zell Arklow, The . Armadillo, The Armett v. Innes Armstrong v. Allan . Armstrong v. Smith Arnold v. Oowie Arratoon Apcar, The Artaza v. Smallpieoe Arthur v. Barton Arthur Gordon, The Ashcroft V. Crow Orchard Colliery Co. Ashley v. Pratt Ashmall 11. Wood Assicurazioni &o. v. S.S. Bessie Morris Co. Aste V. Stnmore Athol, The Atkinson v. Cotesworth . Atkinson v. Gr. W. Ins. Co. Atkinson v. Newcastle, &c. Co. Atkinson v. Kitohie . Atkinson v. Stephens Atlantic, The . Atlantic Mutual Insur. Co, V. Huth Atlas, The (Bottomry) Atlas, The (Freight) Atlas, The (Salvage) REPOKTS. 13 p. D. 61, 191; 14 Ap. Ca. 619 ; 59 L. J. Ad. 17 ; 61 L. T. 706 ; 6 Asp. 433 .. . Swa. 462 (5*66 The Cargo ex Argos) 1 W. Rob. 411 . 12 P. D. 118 ; 66 L. J. Ad. 67 ; 57 L. T. 121 ; 35 W. E. 654 ; 6 Asp. 141 ... . 5 P. D. 123 ; 42 L. T. 405 ; 4 Asp. 269 8 E. & B. 328 ; 27 L. J. M. C. 110 ; 10 Jur. N. S. 306 9 Ap. Ca. 136 ; 53 L. J. P. C. 9 ; 50 L. T. 305 ; 6 Asp. 219 IW. Eob. 251 . . . . 4 J. B. Moo. 150 ... 67 L. T. 417, 738 1 B. & P. N. E. 299 . (See The Glenduror) 15 Ap. Ca. 37 ; 59 L. J. P. C 49; 62 L. T. 331; 38 W. E. 481; 6 Asp. 491 . 1 Esp. 23 6M. &W. 138 . Lush. 270 L. R. 9Q. B.540;43L. J. Q. B. 194; 31 L. T. 266; 22 W. E. 825; 2 Asp. 397 . . _. 16 M. & W. 471 ; 1 Ex. 267 3 Jur. N. S. 232 . [1892] 1 Q. B. 671; 2 Q, B. 652 ; 61 L. J. Q.B. 764; 67L. T. 218; 41W. E. 83; 7 Asp. 217 IC. &B. 319 . IW. Eob. 374 . . . . 3B. &C. 647 . 27 L. T. 103 ; 1 Asp. 382 . 2 Ex. D. 441 ; 46 L. J. Ex. 775 ; 36 L. T. 761 ; 26 W. E. 794 . ID East, 530 .... 7.Ex. 567 Lush. 566 16Ch. D.474; 44 L. T. 67; 29 W. E. 387 ; 4 Asp. 369 . 2 Hagg. 48 3 C. Eob. 304 ... . Lush. 618 ; 16 Moo. P. C. 329 ; 31 L.J. Ad. 210 . . . . Attorney-General, The v. Case Attorney- General, The v. Norstedt Attwood V, Case Atwood V. SeUar 648 6.67 426 73, 496 68 122 3 Price, 302 3 Price, 97 . 645, 656 466 193, 196 318, 330, 331, 338 519 676 313 403, 404, 406, 407, 408 645 168, 162, 164, 166 189, 193, 194, 195 40.6. 236. 237, 239, 465 157, 324 . 633 314 218 526 212, 366 262, 327 62, 606 260, 261, 264 418,419,424,427,428, 458 289 696, 701, 702, 718, 743, 744, 745 569 415 IQ. B. D.134;46L.J.M. C.20; . 33 L. T. 607; 24 W. R. 94; . 3 Asp. 84 532 4 Q. B.D. 342; 6 Q. B. D. 286; 49 L. J. Q. B. 515 ; 42 L. T. , 644 ; 28 W. E. 604; 4 Asp. 283 246, 296 INDEX TO CASES. 27(6 rtferences in the third colvmn are to the sections of the boolc. NAME OF CASE. Aubert v. Gray Audley v. Duff . August, The Augusta, The (Bottomry) , Augusta, The (Collision) , Aurora, The (Bottomry) , Aurora, The (Collision) Austin D. Olsen Australasian Ins. Jackson Australasian, &c. Morse Co. Co. REPORTS. 3 B. & S. 163 ; 3-2 L. J. Q. B. 60 ; 7 L. T. 469 ; 1 M. L. C. 264 . 2 B. & P. Ill . [1891] P. 328 ; 60 L. J. Ad. 57 ; 66 L. T. 32 ; 7 Asp. 110 . IDods. 283 . . . . 57 L. T. 326 ; 6 Asp. 161 . 1 Wheaton, 96 . Lush. 327 L. E. 3 Q. B. 208 ; 37 L. J. M. C. 34; 18 L. T. 537; 3 M. L. C. 62 33 L. T. 286 ; 3 Asp. 26 . 365 172, 173 260, 264, 369, 464 421, 426, 427, 429, 433, 444 671 435 646 649 219, 602 L.E.4P.C.222;8Moo.P.C.N.S. 482 ; 27 L. T. 367 ; 20 W. E. 728 ; 1 Asp. 407 .. . 260, 263 Australia, The . . . Swab. 480 412, 413, 417 Ava, The . . . . {See The Eona and The Ava) Avery v. Bowden . . 5 E. & B. 729 ; 6 B. & B. 953 ; 26 L. J. Q. B. 3 ; 3 Jur. N. S. 238 149, 157 Avon.The, andTheThomas [1891] P. 7; 63 L. T. 712; 39 JoUiffe W. E. 176 ; 6 Asp. 606 . . 634 Aztecs, The . . . 21 L. T. 797 ; 3 M. L. C. 326 . 693, 696, 698 B Bahia, The Br. & L. 305 265, 267 Baillie v. Mondigliani Park Ins. 116 ... . 285 Bain v. Case 3 0. & P. 496 . 206 Baines v. Holland . 10 Ex. 802 ; 24 L. J. Ex. 204 . 139 Baltic Merchant, The Edw. 86 468, 606,°506 Baltimore, The . 2Dods. 132 . . . . 703 Bannister v. Breslauer L. E. 2 0. P. 497 ; 36 L. J. 0. P. 196; 16 L. T. 418; 15 W. E. 840; 2M. L. 0.490 152, 300, 308 Banshee, The . 57 L. T. 841 ; 6 Asp. 221 . 679 Barber v. Meyerstein {8ee Meverstein v. Barber) Barclay ?;. Stirling . 5 M. & S. 6 196 Barclay v. T Gana . 3 Dougl. 389 ... . 236 Barefoot, The . 14 Jur. 841 718, 744 Barker v. Hodgson . 3 M. & Sel. 267 . 149, 166 Barker v. McAidrew 18 0. B. K S. 759; 34 L.J. 0. P. 191; 12 L.T. 469 ; 13 W. E. 779 ; 11 Jur. N.S. 637; 2 M. L. C. 206 147 Barker v. Windle 6 E. & B. 676 ; 25 L. J. Q. B. 349 : 2 Jur. N. S. 1069 . 267, 280 Barrett v. Button 4 Camp. 333 ... . 166, 170 Barrick v. Buba 2 0.B.N. S. 563;26L. J. 0. P. 280 157 Barron v. Stewart . (Bee The Panama) Barrow, Bx parte, re Wors- 6 0h. D. 783; 46 L. J. Bk. 71; dell . . . . - 36 L. T. 325 ; 25 W. E. 466 . 381 Barrow v. Coles 3 Gamp. 92 344, 398 Barrow v. Williams . 7T. L. E. 37 362 Bartley, The . Swab. 198 720, 730 Barton v. Walliford . Comb. 56 369 Bartram v. Fairbrother . 4 Bing. 679 ; 1 M. & P. 515 373, 383 INDEX TO CASES. The references in the third column are to tlie sections of the book. NAME OF CASE. Bai-mok v. Burnyeat Bashfell v. Lloyd Batavia, The Batavier, The (Collision) Batavier, The (Pilot) Batavier, The (Salvage) Bates V. Sora . Bates V. Todd . Batut V. Hartley BaumvoU Manuf actur, &c.; V. Gilcbrest & Furness Baumwoll, &c. v. Furness Beal V. Marchais Beale v. Thompson Beatson v. Haworth Beaver, The (Salvage) Beaver, The (Wages), Beckham v. Drake Bedouin, The . Beeswing, The . Beilby v. Scott . Belcher v. Capper Beldon v. Campbell Belgic, The Bell V. Bromfield Bell V. Carstairs Bell V. Kymen . Bellerophon, H.M.S. Benares, The (Collision) Benares, The (Liens) Bengal, The . Benjamin Franklin, The Benlarig, The . Benson v. Blunt Benson v. Chapman . Benson v. Duncan . Benson v. Schneider . Bentsen v. Taylor . Bergstrom v. Mills . Berkeley v. Watling . Berlin, The Bermon v. Woodbridge Bernal v. Pim . 36 L. T. 250; 25 W. E. 395; 3 Asp. 376 ... . IH. &C. 388 . 2 Dods. 500 .... 2W. Bob. 407 . . . . 1 Sp. 378; 9Moo. P. C. 286 1 Sp. 169 (See The Mobile) i M. & E. 106 . L. E. 7 Q. B. 594 ; 41 L. J.Q. B. 273; 26 L. T. 968; 20 W. E. 899 ; 1 Asp. 337 .. . [1891] 2 Q. B. 310 ; [1892] 1 Q. B. 253 ; [1893] A. C. 9 ; 62 L. J. Q. B. 201 ; 68 L. T. 1 ; 7 Asp. 130 {See BaumvoU, &c., v. Grilchrest) (See The Bougainville) 3 B. & P. 405 ; revd. 4 East, 546 ; 1 Smith, 144 . 6 T. E. 531 3 C. Eob. 292 ... . 3 C. Eob. 92 ... . 9 M. & W. 79 . [1894] P. 1; 63L. J. Ad. 30 . 53 L. T. 554 ; 5 Asp. 484 . 7M. &W. 93 . 4 M. & G. 502 ; 5 Scott N. E. 257 6Ex. 886; 20 L.J. Ex. 342 2 P. D. 57 ; 35 L. T.929 ; 3 Asp. 348 15 East, 364 .... 14 East, 374 ; 2 Camp. 544 3 Camp. 545 ; 5 Taunt. 477 ; 1 Marsh. 146 . 44 L.J. Ad. 7; 32 L. T. 412; 3 Asp. 58 9 P. D. 16 ; 53 L. J. Ad. 2 ; 48 L. T. 127; 49 L. T. 702; 32 W. E. 268 ; 5 Asp, 53, 171 . 7 N. of C, Supp. 1. . . . Sw. 468 ; 5 Jur. N. S. 1085 6 C. Eob. 350 ... . 14P. D. 3; 58L. J. Ad. 24; 60 L. T. 238; 6 Asp. 360 . 1 Q. B. 870 ; 1 G-. & D. 449 8 C. B. 950 ; 2 H. L. 696 : 13 Jur. 969 . . . . ' . (See Duncan v. Benson) 1 J. B. Moore, 21 ; 7 Taunt. 272 ; Holt, 416 [1893] 2 Q. B. 274; 63 L. J. Q. B. 15; 69 L. T. 487; 42 W. E. 8 3 Esp. 36 7A. &E. 29 3 Irish Jur. 34; 2 Pritoh. Ad. Dig. 3rd ed. 1882 . 2 Doug. 788 .... 1 Gale, 17 308 159 510 681 567, 568, 681 715 334 346 301, 366, 411 281, 496, 507, 519 189 701, 706 496 314 Addenda, 275, 281 76, 78. 411 562 301 403, 405, 407, 408 228, 632, 634 120 120 268 681 675, 680 510, 638 76, 77, 510, 513, 628 504 • 695, 697, 698 167 237, 265 280 Addenda 143 496 334 718 98 292 INDEX TO CASES. The rtferences in the third column are to the sections of the book. NAM£ OF CASE. Berndtsou v. Strang Eeruiua, The (Charter- party) Bernina, The (Collision — Liability) Bernina, The (Collision — Eepairs) Berresf ord v. Montgomerie Bertie, The Beryl, The Bessey v. Evans Best V. Saunders Beta, The (Collision) Beta, The (Pilot) Bethell v. Clark Betsey, The . " Betsy, The Betsy Caines, The Betts V. Gibbins Benlah, The . Bibby v. Leatham Biccard v. Shepherd Biddlecomb v. Bond Biddnlph v. Bingham Bilbao, The Bird V. Brown . Bird V. Gibb . Birkenhead, The Birkley v. Presgrave Birley v. Gladstone Bishop V. Pentland Bishop V. Ware Bize «. Fletcher Black Prince, The Black V. Eose . Blackburn v. Vigors . Blackenhagenv.Ldn. &c.Co. Blaikie v. Stembridge L. E. 4 Eq. 481; 36 L. J. Oh. 879 ; 16 L. T. 683 : 15 W. E. 1168 ; 3 M. L. 0. 154 . 12 P. D. 36 ; 56 L. J. Ad. 38 ; 56 L. T. 450 ; 35 W. E. 214 : 6 Asp. 112 12 P. D. 58 ; 13 Ap. Ca. 1 ; 67 L. J. Ad. 65 ; 68 L. T. 423 ; 36 W. E. 870; 62 J. P. 212; 6 Asp. 257 65 L. T. 781 ; 6 Asp. 68 . 17 C. B. N. S. 379 : 34 L. J. C. P. 41; 10 L. T. 814; 12W. E. 1060 ; 2 M. L. C. 60 55 L. J. 620 ; 6 Asp. 26 . 9 P. D. 4, 137 ; 63 L. J. Ad. 76 ; 49 L. T. 747 ; 32 W. E. 600 ; 5 Asp. 321 . . . . 4 Camp. 131 ... . M. & M. 208 ; 3 M. & E. 4 . 9 P. D. 134; 61 L. T. 154; 33 "W. E. 190 ; 5 Asp. 276 . B. & L. 328 ; 3 Moo. P. C. K S. 23 ; 34 L. J. Ad. 76 ; 12 L. T. 1 ; 2 M. L. C. 165 . 19Q.B.D.653; 20 Q.B.D. 615; 57 L. J. Q. B. 302 ; 59 L. T. 808 ; 36 W. E. 611 ; 6 Asp. 194 . 2 "W". Eob. 167 . 1 Dods. 289 .. . 2 Hagg. 28 2 A. & E. 67 ; 4 N. & M. 64 1 W. Eob. 477 ; 2 N. of C. 61 {See The Lancashire, No. 2) 14 Moo. P. 0. 471 ; 5 L. T. 504; 10 W. E. 136 . 4 A. & E. 332 ; 5 N. & M. 621 . SOL. T. 30; 2 Asp. 226 . Lush. 149 4 Ex. 786 ; 19 L. J. Ex. 154 ; 14 Jur. 132 (See The De Bay) 3 W. Eob. 75 ... . 1 East, 220 3 M. & S. 206 . 7B. &C. 219; IM. &E. 49 . 3 Camp. 360 ... . 1 Doug. 284 .... Lush.568;6L.T.39;lM.L.C.130 2 Moo. P. C. N. S. 277 ; 11 L. T. 31; 10 Jur. N. S. 1009; 12 "W. E. 1123 ; 2 M. L. C. 89 . 17 Q. B. D. 553 ; 12 Ap. Oa. 531 ; 57 L. J. Q. B. 114; 67L. T. 730 ; 36 W. E. 449 ; 6 Asp. 216 , 1 Camp. 454 .... 6 C. B. N. S. 894, 911 ; 29 L. J. C. P. 212 ; 6 Jur. K S. 825 ; 8 W. E. 289 . 378, 379, 380 266 627 328 709 6.71, 676, 679 166 65 670 680 378, 390, 392 734 460 234, 648 394 741 97, 98, 105, 136 377 330 228, 569, 632 319, 373, 384, 385 633 243 291, 298, 30] 361 298 196 653 269 84 211, 212 86, 249, 250, 254, 256, 627 INDEX TO CASES. The rtferences in the third column a/re to tlie sections of the book. NAME OF CASE. Blake, The . . . Blakeney, The . Blanchet v. Powell's, &c., Oo. Blanck v. Solly- Bland V. Boss . Blenden Hall, The . Blenheim,The (Consequen- tial damage) Blenheim, The (Launch) . Blessing, The . Bligh ■;;. Simpson Blower v. G. "W. R. Oo. . Bloxam v. Sandars . Blue Bell, The . Boanerges, The Boehtlinck v. Schneider Boggin, ex parte Bohtlingk v. Inglis Boiler ex Elephant, The Bold Buocleugh, The Bolina, The Bolton V. L. & T. B. Co. Bomarsund, The Bonaparte, The Bond V. Gonsales Bond V. Nutt . Bonita, The Bommann v. Tooke . Borrowman v. Wilson Borussia, The . Boson V. Sandford . Boston, The Bottomley v. Bovill . Boucher v. Lawsou . Bougainville, The Bouillon V. Lupton . Bourne ■;;. G-atliffe Boutflower v. Wilmar Bowcher v. Noidstrom Boyce v. BaylifEe Boyne, The Bradley v. Dunipace Bragg V. Anderson Brandt v. Bowlby Branston, The . Brass v. Maitland Breadalbane, The KEPOKTS. 1 W. Bob. 73 . . . . Swab. 428 L. R. 9 Ex. 74 ; 43 L. J. Ex. 50 ; 30 L. T. 28 ; 22 W. R. 490 ; 2 Asp. 224 1 J. B. Moore, 531 ; Holt, 554 . {See The Julia) IDods. 414 . . . . 1 Sp. 285 2 W. Rob. 421 . . . . 3 P. D. 35 ; 38 L. T. 259 ; 26 W. R.404; 3 Asp. 661 . (See The Fusilier) L. R. 7 0. P. 655 ; 41 L. J. 0. P. 268 ; 27 L. T. 883 ; 20 W. B. 776 4 B. & C. 948 ; 7 D. & R. 396 . {See The Maggie Armstrong and The Blue Bell) 2M.L. C. 239 . . . . {See Bohtlingk v. Inglis). 13 East 549 3 Esp. 58 ; 3 East, 381 64 L. T. 543 3 W. Rob. 220 ; 7 Moo. P. C. 267 3 Notes of Oases, 208 . L. R. 1 0. P. 431 ; 35 L. J. C. P. 135 ; 13 L. T. 764 ; 14 W. R. 430 ; 12 Jur. N. S. 317 . Lush. 77 8 Moo. P. C. 459 3 W. Rob. 298 2 Salk. 445 . 2 Oowp. 601 Lush. 252; 30 L. J. Ad. 145; L. T. 141 ; 1 M. L. 0. 145 1 Camp. 377 7 T. L. R. 416 Sw. 94 Carth. Rep. 58 1 Sumner, 328 5 B. & 0. 210 ; 7 D. & R. 702 . Oas. temp. Hardwicke, 85, 194 . L. R. 5 P. 0. 316 ; 28 L. T. 822 ; 21 W. R. 653 ; 2 Asp. 1 . 15 0. B.N. S.113;33L.J.C.P. 37 ; 8 L. T. 575 ; 11 W. R. 966 ; 1 M. L. 0. 347 {See Gatliffe v. Bourne) 2 Selw. N. P. 9th ed. 903 . 1 Taunt. 568 ... . 1 Camp. 58 {See The Cadiz and The Boyne) 7 H. & N. 200; 1 H. & 0. 521 . 4 Taunt. 229 2 B. & Ad. 932 2 Hagg. 3 n. 6 E. & B. 470 7 P. D. 186 ; 46 L. T. 204 ; 4 Asp. 505 . 16, 485,!505 516 274 269 719, 720, 721 651, 685 681 64, 72, 496 236, 687 375 680 521 322,370,378,379,385 731 74, 610, 638 629, 636, 644 370, 381, 385, 387, 394 693, 699 430,437,439,440,449, 450, 459 213 136, 137, 213 412, 413, 416, 417 143 328 573 400 744 186, 218 400 673 98, 136, 137, 138 221 250, 569 541, 585, 586 326, 334 190, 194, 196 342, 355 585, 707 256, 258 668, 671 INDEX TO CASES. The references in the third column are to the sections of tlie book. NAME OF CASE. Bremen Mugge, The Brereton v. Chapman Bridgwater, The Brigella,The . Briggs V. The Merchants', &c.. Association Briggs V. Wilkinson . Brindley v. Cilgwyn, &o., Co. Bristol, &c., Bank v. Mid- land Ey. Co. Bristowe v. Whitmore Britain, The Britannia, The . British Commerce, The Broomfield?;. Southernlns. Co. Bronncker v. Scott . Brown v. Johnson Brown v. Powell, &c., Co. Brown v. Smith Brown v. Tayleur Bruce v. Nicolopulo Bryans v. Nix . Bryden v. Mebnhr Backhurst, The Buckle V. Knoop Budgett i: Binnington Buller V. Fisher Bulman v. Tenwick Bulmer, The . Bunney v. Poyntz Bnrdick v. Sewell Bnrges v. Wickham . Burgess v. Bichardson Burgon v. Sharpe Bnrmester v. Hodgson Burton v. English 4 C. Bob. 91 .... 289 7 Bing. 669 .... 168 37 L. T. 366 ; 3 Asp. 506 . . 461, 610 [1893] P. 202 ; 62 L. J. Ad. 81 ; 69 L. T. 834 244,296,329 13Q. B. 167;18L. J. Q. B.178: 13 Jnr. 787 ... . 742 7 B. & 0. 35 . . . .409 56L. J. Q. B. 67 . . .371 [1891] 2 Q. B. 663 ; 66 L. T. 234 351, 353 9 H. L. 391 ; 28 L. J. Ch. 801 31L. J. Ch. 467: 4 L. T. 622 9 W. E. 621 . 1 W. Eob. 40 . . . 3 Hagg. 153 ... 9 P. D. 128 ; 53 L. J. Ad. 72 ; 51 L. T. 604; 33 W. E. 200; 6 Asp. 335 L. E. 5 Ex. 192; 39 L. J. Ex. 186; 22 L. T. 371; 18 W. E. 810 4 Taunt. 4 lOM. &W. 331 . . . . L. E. 10 C. P. 562 ; 44 L. J. C. P. 289 ; 32 L. T. 621 ; 23 W. E. 549 ; 2 Asp. 578 I Dow, 349 . . . . 4 A. & E. 241 . II Ex. 129 4 M. & W. 775 . 1 C. & E. 241 . 6 P. D. 152 ; 51 L. J. Ad. 10 ; 46 L. T. 108 ; 30 W. E. 232 ; 4 Asp. 484 .... L. E. 2 Ex. 125 ; 36 L. J. Ex. 223 ; 16 L. T. 571 ; 15 W. E. 999 ; 2 M. L. C. 519 . 25 Q. B. D. 320; [1891] 1 Q. B. 36 ; 60 L. J. Q. B. 1 ; 63 L. T. 493, 742 ; 39 W. E. 131 ; 6 Asp. 692 3Esp. 67; 2 Pea'ke 183 '. '. [1894] 1 Q. B. 179 ; 63 L. J. Q. B. 128 ; 69 L. T. 661 . 1 Hagg. 163 .... 4B. &Ad. 568 . . . . 10 Q. B. D. 363 ; 13 Q. B. D. 159; 10 Ap. Ca. 74; 54L. J. Q. B. 166 ; 62 L. T. 445 ; 33 W. E. 461 ; 5 Asp. 376 . 3 B. & S. 669 ; 33 L. J. Q. B. 17 . 29Beav. 487 . . . . 2 Camp. 529 ... . 2 Camp. 488 . . . . 10 Q. B. D. 426 ; 12 Q. B. D. 218 ; 53 L. J. Q. B. 133 ; 49 L. T. 768; 32 "W. E. 655; 5 Asp. 187 68, 78, 314 733 731 661 422, 467 314, 316 154, 158, 166 334 220 182 147, 365 332 308 635, 656 280 160, 162, 163, 166, 167 359 Addenda, 158, 168, 223 606 311, 376, 393, 394 166, 319, 339, 341, 3 19, 351 96,97 464 402 162, 164 245, 251, 295, 357 INDEX TO CASES. The rtferences in the third column are to tlie sections qfthe booh. NAME OF CASE, Burton v. Pinkerton Bushire, The Busk V. Fearon Busk V. Royal, &c., Co. . Butler, The, C. S. . Button V. Thompson Byfoged Christensen, The Byrne v. Schiller L. R. 2 Ex. 340 ; 36 L. J. Ex. 137; 16L. T. 419;17L. T.15; 16 W. R. 1139 ; 2 M. L. 0. 494, 647 479 62 L. T. 740 ; 5 Asp. 416 . . 327 4 East, 319 419 2 B. & Aid. 73 (See The 0. S. Butler) L. B. 4 0. P. 330 ; 38L. J. C. P. 226; 8M. L. 0. 231 4 Ap. Ca. 669 ; 41 L. T. 535 ; 28 W. R. 233; 4 Asp. 201 L. R. 6 Ex. 20, 319 ; 40 L. J. Ex. 40, 177; 25 L. T. 211; 19 W. R. 1114 : 1 Asp. Ill . 98, 102 486, 497, 504, 606 679, 680 276 Cachapool, The Cadiz, The, and The Boyne Cairo, The Calabar, The . Calcutta, The . Caldwell v. Ball Caledonia, The . Calliope, The . Calypso, The (Bottomry) . Calypso, The (Salvage) Cambridge, The Cambridge v. Anderton Camellia, The . \ Cameron v. Nystrom Camilla, The Cammell v. Sewell . Campbell «. Thompson . Campion v. Colvin . Canada, The Canada Shipping Co. v. British, &c., Association Cannan v. Meabnrn . Canova, The Cape Packet, The Capella, The . Capella, The Cargo ex 357 203 C. 7 P. D. 217 ; 46 L. T. 171 ; 4 Asp. 502 35 L. T. 602 ; 3 Asp. 332 . L. R. 4 Ad. 184 ; 43 L. J. Ad. 33 30 L. T. 635 ; 22 W. R. 742 2 Asp. 257 .. . L. R. 2 P. C. 238 ; 5 Moo. K S 33; 19 L. T. 768 ; 3 M. L. C. 196 21 L. T. 768 ; 3 M. L. C. 336 1 T. R. 205 . Sw. 17 .... 14 P. D. 138 ; [1891] A. 0. 11 60L. J. Ad. 28; 63 L. T. 781 39 W. R. 641 ; 55 J. P. 6 Asp. 585 . 3 Hagg. 162 2 Hagg. 209 2 Hagg. 243 2 B. & C. 691 ; 4 D. &. R. R. & M. 60 ; 1 C. & P. 213 9P.D. 27; 53 L.J. Ad. 12; 60 L. T. 126 ; 32 TV. R. 495 ; 5 Asp. 197 62 L. J. P. C. 85 ; 68 L. T. 772 Swab. 312 . 3 H. & N. 617 ; 5 H. & N. 29 L.J. Ex. 350; 8W.R.630; 6 Jur. N. S. 918 . 1 Stark. 490 . . . 3 Bing. N. C. 17 . Lush. 686 22 Q. B. D. 727 ; 23 Q. B. D. 342 ; 58 L. J. Q. B. 462 ; 61 L. T. 312 ; 38 W. B. 87 ; 6 Asp. 422 1 Bing. 243 L. R. 1 Ad. 54 ; 12 Jur. N. S. 628 3W. Rob. 122 '.'.'.'. [1892] P. 70; 66 L. T. 388; 7 Asp. 158 {See The Cargo ex Capella) 728; 681 701 689 568, 573 635, 636 329, 341 69,76 228 426 701 468, 499, 506 413, 414 695, 696 467 61, 62, 63, 64, 496 236, 264, 415 327 301, 302 648, 653 247 260, 261, 415 715, 734 745 741 INDEX TO CASES. xxxv The r^erences in the third column are to the sections qfthe book. NAME OP CASE. REPORTS. SECTION. Capper v. "Wallace . . 5 Q. B. D. 163; 49 L. J. Q. B. 350; 42L. T. 130; 28 W. E. 424 ; 4 Asp. 223 . . . 159, 161 Card V. Hope . . . 2 B. & 0. 674 . . . . 16 Cardiff Boarding Masters' 9 T. L. R. 405 . . . . 483 Association v. Cory Cardiff S.S. Co. v. Barwiok {See The Raisby) Cargo ex Argos, The . L. R. 4 Ad. 13 ; 5 P. C. 134, 155 ; 42 L. J. Ad. 1 ; 28 L. T. 77 ; 21 W. R. 420 ; 1 Asp. 519 . 158, 239, 241, 269, 270, 324, 325 Cargo ex CapeUa, The . L. R. 1 Ad. 356 ; 16 L. T. 800 ; 2 M. L. C. 552 . . . . 699 Cargo ex Galam, The . B. & L. 167 ; 33 L. J. Ad. 97; 2 Moo. P. C. N". S. 216 ; 9 L. T. 550 ; 1 M. L. 0. 408 . . 265, 269, 272, 290, 294, 419, 462, 747 Cargo ex Honor, The . L. R. 1 Ad. 87 ; 35 L. J. Ad. 113 ; 15 W. E. 10; 12 Jur. K S. 773 701, 712 Cargo ex Laertes, The . 12 P. D. 187 ; 56 L. J. Ad. 108 ; 57 L. T. 502 ; 36 W. R. Ill ; 6 Asp. 174 ... . 357, 704 Cargo ex Sarpedon, The . 3 P. D. 28 ; 37 L. T. 505 ; 26 W. R. 374; 3 Asp. 509 . . . 691, 742, 747 Cargo ex .Schiller, The . 1 P. D. 473 ; 2 P. D. 145 ; 46 L. J. Ad. 9; 36L.T. 714; 3 Asp. 439 689, 690, 691, 742, 747 Cargo ex Sultan, The . Sw. 504 ; 5 Jur. N. S. 1060 . 419, 424, 427, 445, 446, 449, 456, 458, 462 Cargo ex Ulysses, The . 13 P. D. 205 ; 58 L. J. Ad. 11 ; 60 L. T. Ill ; 37 W. R. 270 ; 6 Asp. 354 . . . .701 Cargo ex Woosnng, The . 1 P. D. 260; 44 L. J. Ad. 45; 35L.T. 8;25W. E. 1; 3 Asp. 50 688, 693, 709, 732, 734 Carisbroot, The . . 15 P. D. 98 : 59 L. J. Ad. 37 ; 62 L. T. 843 ; 38 W. E. 643 ; 6 Asp. 507 . . . .158 Carl XY., The. . . ri892] P. 132 ; 324 ; 61 L. J. Ad. "Ill 551,563,570 Carmichael v. Brodie . {See The Sir Ealph Aberorombie) Carnegie v. Conner . . 24 Q. B. D. 45 ; 59 L. J. Q. B. 122 ; 61 L. T. 691 ; 6 Asp. 447 257 Carolina, The . . . 34 L. T. 399 ; 3 Asp. 141 . . 64 CaroUne,The(DereUct) . 2 W. Eob. 124 . . . .737 Caroline, The (Salvage— Lush. 334; 6 L. T. 89; 1 M. L. Part-owner) 0.145 703,704 Carrier Dove, The (Pilot) . B. & L. 113 ; 2 Moo. P. C. N- S. 260 573 CarrierDove,The(Salvage) 2 Moo. P. C. N. S. 243 . . 720 Carron, The . . .1 S pinks, 91 . . . .629 Carron Park, The . . 15 P. D. 203 ; 59 L. J. Ad. 74 ; 63 L. T. 356 ; 6 Asp. 543 . 147, 295, 363 Carruthers v. Sydebotham 4 M. & S. 77 568, 569 Cary v. White ... 1 Bro. P. 0. 284 ; 5 Bro. P. 0. 325 404, 405 Castel V. Trechman . . 1 0. & E. 276 . . . . 159, 269 CastiUa, The . . .1 Hagg. 59 465, 506, 524 Oastlegate, The . . [1893] A. C. 38; 62 L.J. P. C. 17; 6« L. T. 99 ; 41 W. E. 349 . 76, 78, 511 INDEX TO CASES. The references m tlie third column are to the sections qf the booh NAME OF CASE, OastlegateS.S.Co.c.Demp- sey Castriqtie v. Imrie . Oataliaa, The . Catharina, The Catherine, The (Bottomry) Catherine, The (Salvage) . Catherine Chalmers, The . Catherine of Dover, The . Catlev V. Winteringham . Cato,"The .... Catterina Chiazzare, The . Caughey v. Gordon . Cavirthron v. Trickett Cayzer, Irvine, & Co. v. Carton Co. Cecilia, The Cella, The Celt, The . Celtic King, The . Centurion, The . Ceto, The . Chalacombe's Case . Chalmers v. Scopenich Chamberlain ■». Chandler . Champion, The . Chandler v. Grieves . Change, The Chapman v. Royal Nether- lands Steam Navigation Co. Chappel V. Comfort . Charles, The . Charles Adolphe, The Charles Amelia, The Charleton v. Cotesworth . Charlotta, The . Charlotte, The . Charlotte Wylie, The Chartered Bank, &o.,v. Ne- therlands, India, &o., Co. [1892] 1 Q. B. 854 ; 61 L. J. Q. B. 620; 66 L. T. 742; 40 W. E. 533 ; 7 Asp. 186 .. . 8 C. B. N. S. 405 ; L. R. 4 H. L. 414; 39 L.J. C. P. 350; 23 L. T.48;19 W.E. 1; 3 M. L. C. 454 2Sp. 23 1 Pritch. Ad. Dig. (ed. 1887) 824 15 Jur. 231 ; 17 L. T. 0. S. 43 . 12 Jur. 682 ; 6 N. of 0. Supp. xliii. 32 L. T. 847 ; 2 Asp. 598 . 2H:agg. 145 . . . . Peake, 202 (150) .... 35 L. J. Ad. 116 . 1 P. D. 368;' 45 L. J. Ad. 105 ; 34 L. T. 688 ; 3 Asp. 170 3 C. P. D. 419 ; 27 W. R. 50 ■ . 15 C. B.N. S. 758 ; 33 L. J. C. P. 182; 9 L. T. 609; 12 W. R. 311 ; 1 M. L. C. 414 9 Ap. Ca. 873 ; 54 L. J. Ad. 18 ; 52 L. T. 361 ; 33 "W. R. 281 ; 6 Asp. 371 . . . . 4 P. D. 210 ; 40 L. T. 200 ; 4 Asp. 78 13 P. D. 82 ; 57 L. J. Ad. 55 ; 59 L. T. 125; 36 W. R. 540; 6 Asp. 293 ... . 3 Hagg. 321 .... 63L. J. Ad. 37 . , . . 2 Pritch. Ad. Dig. 3rd ed. 1410 . 14 Ap. Ca. 670 ; 62 L. T. 1 ; 6 Asp. 479 13 Bast, 550 n [1892] 1 Q. B. 735 ; 61 L. J. M. C. 117 ; 66 L. T. 348 ; 40 W. R. 477; 56 J. P. 521; 7 Asp. 171 3 Mason, 242 . . . . B. &L. 69 2 H. Bl. 606 n. 3 R. R. 525 Sw. 240 4 P. D. 157 ; 48 L. J. Ch. 449 ; 40 L. T. 433 ; 27 W. R. 554 ; 4 Asp. 107 ... . 10 0. B. N. S. 802 ; 31 L. J. 0. P. 58 ; 4 L. T. 448 ; 8 Jur. N. S. 177; 9W. R. 694 . L. R. 3 Ad. 536 ; 26 L. T. 594; 1 Asp. 296 . . . . Sw. 153 L. E. 2 Ad. 330 ; 38 L. J. Ad. 17 ; 19L.T. 429; 17 W. R. 624; 3 M. L. C. 203 ... R. & Moo. 175 . 2 Hagg. 361 ... . 3W. Rob. 68 . . . . 2 "W. Rob. 495 ; 5 N. of C. 4 . 10 Q. B. D. 521 ; 52 L. J. Q. B. 220 ; 48 L. T. 546 ; 31 W. R. 445 ; 47 J. P. 260 ; 5 Asp. 65 151, 162, 164 264, 415, 628 646 414 414, 455, 457, 458 701 254, 359 629, 644, 646 325 732 628 65 315 645, 656, 682 424, 428 404 646 Addenda, 122 567 675 521 629 586, 589 717, 719, 747 496 423, 428 645 166, 303, 306, 307, 345 701, 703 715, 739, 743 638 65 711, 719, 739 693, 704, 733 701, 709, 723 Asp. 65 361, 369, 643, 645 INDEX TO CASES. The rtferences in the third column are to the sections of the book. NAME OF CASE. Chasca, The Cheerful, The . Oheeseman, Ex parte Ohesterfieldj &e., Co. v. Hawkins Chetah, The Chieftain, The (Lien) Chieftain, The (Wages) China, The China Merchants Co. v Bignold Chitty V. Selwyn Christian v. Coombe Christiana, The (Pilot) Christiana, The (Wages) Chriatiansborg, The . Christie v. Griggs Christie v. Lewis Christie v. Secretan . Christina, The . Christoffersen v. Hansen . Christy V. Row Churchward v. Palmer Cito, The . City of Antwerp, The City of Brooklyn, The . City of Buenos Ayres, The City of Cambridge, The . City of Chester, The City of Edinburgh, The . City of London, The (Collision) City of London, The (Wages) City of Manchester, The . City of Mobile, The . L. E. 4 Ad. 446; 44 L. J. Ad. 17 23 L. T. 838 ; 2 Asp. 600 11 P. D. 3 ; 55 L. J. Ad. 5 ; 64 L.T.56;34W.R.307; 5 Asp. 525 2 Eden 181 ". '. '. 3H.& 0.677; 34 L.J. Ex. 121 12L. T. 427; 13 W. E. 840 11 Jur. N. S. 468 . L. R. 2 P. 0. 205 ; 38 L. J. Ad, 1;19L.T.621; 17W.R.233 5 Moo. P. 0. N. S. 278 ; 3 M, L. C. 177 B. & L. 212 B. & L. 104 ; 32 L. J. Ad. 106 8L. T. 120; 11 W.R. 537; i Jur. N. S. 388 ; 1 M. L. C 327 7 Wallace, 63 ". '. (See The Hochung and The Lap- wing) 2Atkyns, 359 . . . . 2Esp. 489 7Moo. P. C. 160; 7]Sr. of C. 2 . 5 Irish Jur. N. S. 63; 2 Pritch. 3rd ed. 2293 .... lOP. D. 141; 54 L. J. Ad. 84; 53 L. T. 612 ; 5 Asp. 491 2 Camp. 79 2B. &B. 410 . 3 W. Rob. 27 ; 6* Moo'. P. 6. 371 L. R. 7 Q. B. 509 ; 41 L. J. Q. B. 217; 26 L. T. 547; 20 W. R. 626; 1 Asp. 305 . 1 Taunt. 300 ... . (See The Vivid, Ko. 1) 7 P. D. 5 ; 51 L. J. Ad. 1 ; 45 L. T. 663 ; 30 W. R. 836 ; 4 Asp. 468 L. R. 2 P. 0. 25 ; 37 L. J. Ad. 26; 5 Moo. P. C. N. S. 33 . ] P. D. 276; 31 L. T. 932; 24 W.R. 1056; 3 Asp. 230 . 25 L. T. 672 ; 1 Asp. 169 . L. R. 4 Ad. 161 ; 5 P. 0. 451 ; 43 L.J. Ad. 11; 30L.T.439; 22 W. R. 578 ; 2 Asp. 239 . 9 P. D. 182 ; 53 L. J. Ad. 90 ; 51 L. T. 485; 33 W. R. 104; 5 Asp. 311 .... 2Hagg. 333 Sw. 245, 300 ; 11 Moo. P. C. 307 5 W. R. 678 . 1 W. Rob. 88 . . . 5 P. D. 3, 221; 49 L.J. Ad. 81 42 L. T. 521 ; 4 Asp. 106 L. R. 4 Ad. 191 ; 43 L. J. Ad. 41 29 L. T. 406 ; 22 W. R. 191 2 Asp. 123 216, 357, 359 695, 697 313 314 695, 720 73, 76, 77, 81, 510, 513 73, 76, 78 571 184 234 567, 568, 572, 573 401, 501 628 687 301 94, 120 567, 575 300, 308 268, 283 272, 284 674 670 653 667, 568 720, 729, 731 713 629, 630 496, 498 646 69 INDEX TO CASES. The rtferences in the third column are to the sections of the boolc. NAME OF CASE, City of Peking, The (Col- lision — Damages) City of Peking,, The (In- evitable Accident) Clan Gordon, The . Clan Grant, The Clan MacDonald, The Clapham v. Langton Clara, The Clara Killam, The . Clarisse, The . Clark u. Barnwell Olason V. Simmonds Clay 11. Snelgrave Cleadoii, The . Cleary v. McAndrew Cleopatra, The Clifford V. Hunter . CUfton, The . Clink v. Eadford Clipsham v. Virtue . Cloutman v. Tunison Clutterbuok v. Coffin Clydaoh, The . Clyde, The Clyde Navigation Co. Barclay C. M. Palmer, The . 15 Ap. Ca. 438 ; 59 L. J. P. C. 88 ; 63L. T. 722; 39W. E. 177; 6 Asp. 572 14 Ap. Oa. 40; 68 L. J. Ad. 64; 61L. T. 136; 6 Asp. 396 7 P. D. 190; 46 L. T. 490; 30 W. E. 691 ; 4 Asp. 513 . 12 P.D. 139; 56 L. J. Ad. 62; 57L.T.124; 35 W. E. 670; 6 8 P. D. 178 ;' 52 L. J. Ad. 89 ; 49 L. T. 408; 32 W. S. 154; 5 Asp. 148 34L. J. Q. B. 46; 10 L. T. 875 ; 12 W. E. 1011 ; 2 M. L. 0. 54 Sw. 1 L. R. 3. Ad. 161 ; 39 L. J. Ad. 50 ; 23 L. T. 27; 19 "W. K. 25; 3 M.L. C. 463 . . . . Sw. 129; 12 Moo. P. C. 340 12 How. 272 . . . . 6T.E. 533n. , . . . . 12 Mod. 405; 1 Ld. Eaymond, 576 Lush. 158 ; 14 Moo. P. 0. 92 ; 4 L. T. 157 ; 1 M. L. C. 41 (See The Cargo ex Galam) 3P.D. 145; 47 L.J. Ad. 72 . l.M. &M. 103; 3 0. & P. 18 . 3 Hagg. 117 .... [1891] 1 Q. B. 626 ; 60 L. J. Q. B. 388; 64 L. T. 491; 39 W. R. 356; 7 Asp. 10 6Q. B. 265 1 Sum. 373 3 M. & G. 842 ; 1 Scott N. E. 609 51 L. T. 668 ; 5 Asp. 336 . Sw.23 Coates V. Lewis Coates V. Eailton Cobban v. Downe Cobequid, &c., Co. v. Bar- teaux Cochrane v. Fisher . Cock V. Taylor Cock V. Townson Coggs V. Bernard Cognac, The Oohn V. Davidson Colby V. Watson Cole V. Gt. Yarmouth Co. . Coleman v Lambert . Collen V. Wright 1 Ap. Oa. 790; 36 L. T. 379; 3 Asp. 390 29 L. T. 120; 21 W. R. 702; 2 Asp. 94 1 Camp. 444 .... 6 B. & C. 422 . 6Bsp.41 L. E. 6P. C. 319; 32 L. T. 510; 23W.R. 892; 2 Asp. 536 . 2 Cr. & M. 581 ; 1 CM. &R. 809 13 East, 399 . . . . 2Park, Ins. 630. 2 Lord Raymond 909 ; 1 Smith's L. C. 9th ed. 201 . 2 Hagg. 377 . . . . 2 Q. B. D.455; 46 L. J. Q. B. 305; 36 L. T. 244; 25 W. R. 369 ; 3 Asp. 374 .. . (.Bee The Endeavour) (See The United Service) 5M. &W. 502 . 7 E. & B. 301; 8 E. & B. 647; 27L.J. Q. B. 215; 28L.T.O. S. 267 : 4 Jur. ¥. S. 357 635, 681 570 Appx. No.. 1 2 328 97 641 637 718, 720, 730 336 180, 191, 197 68 658 737 101 720 152, 164, 300, 308 144 507 501 678 647, 648 573 666 375 385, 389, 392 249 412, 413, 414 136, 137, 140 268 201 236, 368, 587 428 90, 91, 97 268 88 INDEX TO CASES. The references in the third column are to the sections qf the booli. NAME op CASE. Collier, The Collingrove, The Cologne, The Columbia, The . Columbine, The Colunibias, The (Collision) Columbus, The (Salvage) Colvin V. Newberry . Commerce, The Commercial S.S. Boulton Co. Commissioners of Fobbing, &c., n Beg. (or Abbott) Concordia, The Conservators of the Thames, The, v. Hall Constable v. Cloberie Constancia, The Constantia, The (Collision) Constantia, The (Stoppage in transitu) Constitution, The Cooke V. Wilson Cooper, Bx McLaren pa/rfe, Cooper V. BUI . Copenhagen, The Coppin V. Braithwaite Corbin (or Corbyn) Leader Coriolanus, The Cormick v. Gladstone Coromandel, The Cory V. Burr Cosmopolitan, The Cossman v. "West Couch V. Steel . Coulthurst V. Sweet . Countess of Harcourt, The KEPOKTS. L. E. 1 Ad. 83 ; 12 Jur. N. S. 789 ; 2M. L. C. 473 10 P. D. 158; 54 L. J. Ad. 78; 63 L. T. 681; 34W. E. 156; 5 Asp. 483 . . . . (See The Eanger and The Co- logne) 3 Hagg. 428 2 W. Eob. 186 . 3 W. Eob. 158 . 2 Hagg. 178 n. . 8B. &C.166;7Bing. 6 F. 283 . 3 W. Eob. 287 . L. E.10Q.B. 346; 44: 219; 33 L. T. 707: 854; 3 Asp. Ill (See Eeg. v. Fobbing, &o.) 190; 1 CI. L. J. Q. B. 23 W. E. 62 L. T. 236; 6 Asp. 478 6 C. Eob. 321 705, 7 08 610, 646 701, 718, 737 737 685 576, 713 L. E. 1 Ad. 93; 14 L. T. 896; 12 Jur. N. S. 771 ; 2 M. L. C. Ogg L. R. 3 C. P. 415; 37 L. J.'c. p'. 163; 18 L. T. 361; 16 W. E. 971 ; 3 M. L. C. 73 . Palmer, 396 . . . . 4 N. of C. 285, 512 ; 10 Jur. 845 38 W. E. 273; 4 P. D. 39; 48 L. J. Ad. 13 ; 40 L. T. 219 ; 27 W. E. 739 ; 4 Asp. 79 10. B. ¥. S.153; 26L. J. 0. P. 15 ; 2 Jur. N. S. 1094 . 11 Ch. D. 68; 48 L. J. Bk. 49; 40 L. T. 105; 27 W. E. 518; 4 Asp. 63 .... 3H. & 0.722 . I 0. Eob. 289 ... . 8 Jur. 875 6 0. & P. 32 ; 10 Bing. 275 15 P. D. 103 ; 59 L. J. Ad. 69 62L. T. 844; 6 Asp. 514 II East, 347 ... . Sw. 205 8Q. B. D. 313; 9Q. B. D. 463; 8 Ap. Ca. 393 ; 52 L. J. Q. B. 657; 49 L. T. 78; 31 W. E. 894; 5 Asp. 109 . 6 Notes of Oases, Supp. xvii 13 Ap. Oa. 160 ; 57 L.' J. P. 0. 17 ; 58L. T. 122; 6 Asp. 233 3 E. & B. 402; 2 0. L. E. 940; 23 L. J. Q. B. 121; 18 Jur. 515 L. E. 1 0. P. 649 '. '. '. 1 Hagg. 248 .... 301, 356 680 154, 155, 158 680 570 143 419, 444, 450, 451, 460, 461 669 377 747 249 381, 383, 393, 394 388 289 588 589, 591 703 187, 198 690, 691, 718 219 718, 719, 731 747 466, 525 280 479, 499 xl INDEX TO CASES. The references in the third column are to the sections of the booh. NAME OF CASE, County of Lancaster S.S. V. Sharp Courier, The Courtney v. Cole Covas V. Bingham . Coventry v. Gladstone (Bill of Lading) Coventry v. Grladstone (Stoppage vib transitu) Ooverdale v. Grant . Oowasjee v. Thompson Cox V. Bruce Cox V. May Coxe V. Harden Oraigs, The Cranston v. Marshall Craven v. Byder Orawshay v. Bades : Creadon, The . Green v. Wright Cressington, The Cricket, The . Croft V. Allison Crofta V. Waterhouse Orookewit v. Fletcher Crooks V. Allan Cross V. O'Donnell . Crow V. Falk . Crozier v. Smith OrusV.,The . C. S. Batler, The (Colli- sion — Salvage) C. S. Butler, The (Lights) Culgoa, The . C alien v. Butler Cumberland, The Cambrian, The Cuming v. Brown Cunard v. Hyde Cunningham v. Dunn Curfew, The . Curling «. Long 24Q. B. D. 158; 59 L. J. Q. B 22; 61L. T. 692; 6 Asp. 448 Lush. 541 .... 19 Q. B. D.447; 56 L. J. M. C 141; 57 L. J. 409; 36 W. E, 8 ; 6 Asp. 169 . 2E. &B. 836; 2 0. L. E. 212 23L. J. Q. B. 26; 18 Jar. 59( L. E. 4 Eq. 493 ; 37 L. J. Ch. 30 16 W. E. 304 . L. E. 6Eq.44; 37L.J.Ch.492 16W. E. 837 . 8 Q. B. D. 600; 11 Q. B. D 543; 9 Ap. Ca. 470; 63 L.J. Q. B. 462; 51 L. T. 472 32 W. E. 831 ; 5 Asp. 353 6 Moo. P. C. 165 . . 18 Q. B.D. 147; 56 L. J. Q. B 121 ; 57 L. T. 128 ; 35 W. E, 207; 6 Asp. 152 . 4 M. & S. 152 . 4 East, 211 ; 1 Smith, 20 . 6P. D. 186; 29 W.E. 446. 5 Ex. 395; 19L. J. Ex. 340 6 Taunt. 433 1 B. & C. 181 ; 2 D. & E. 288 54L. T. 880; 5 Asp. 585 . IC. P.D. 591; 35 L. T. 339; ; Asp. 254 .... [1891] P. 152; 60 L. J. Ad. 25 64 L. T. 329 ; 7 Asp. 27 . 48L. T. 535; 5 Asp. 53 . 4B. &Ald. 590 . 3 Bing. 319 . IH. &]Sr. 893 . 5 Q. B. D. 38 ; 49 L. J. Q. B. 201 41L.T. 800; 28 W.E. 304; ^ Asp. 216 . 44 N. T. Eep. 661 8 Q. B. 467; 15 L. J. Q. B. 183 10 Jar. 374 . IM.&Gr. 407 . Lush. 583 .... L. E. 4 Ad. 178 ; 43 L. J. Ad. 17 30L.T. 475; 22 W.E. 759; 2 Asp. 237 .... L. E. 4 Ad. 238 ; 31 L. T. 549 23 W. E. 113 ; 2 Asp. 408 9T. L. R. 564 . 5M. &8. 461 . 9Jur.l91 .... 57 L. T. 205 ; 6 Asp. 151 . 9 East, 506 ; 1 Camp. 104 . E. B. & E. 670; 29 L.J. Q.B. 6 5 Jur. N. S. 408 . 3 C. P. D. 443; 48 L. J. C. P. 62 38L. T. 631; 3 Asp. 595 [1891] P. 131 ; 60 L. J. Ad. 53 64L.T. 330; 39 W.E. 367; ', Asp. 29 ... . 1 B. & P. 634 . 156, 309 637 564 337 343, 396 381, 396, 399 169 375, 378 334 742 342 731, 737 590 330, 380, 395 385 642 21 236, 359, 863 642 250 587 141, 142 294, 297, 357 370 147 273 734 627> 745 663 629 359 713 733 346, 396, 398 250 149, 162 159 281 INDEX TO CASES. xli The rtferences in the third column are to the sections of the booh. NAME op CASE. EEFORTS. SECTION. Cutter u. Powell . . 6 T. E. 320; 2 Smith's L. 0. 1 504,519 Cybele, The . . . 2 P. D. 224; 3 P. D. 8; 47 L. J. Ad. 86; 37 L. T. 773; 26 "W. E. 345; 3 Asp. 532 . . . 709 Cynthia, The (Bottomry) . 16 Jur. 748 18, 20, 420, 444 Cynthia, The (Collision) . 2 P. D. 62 ; 46 L. J. Ad. 58 ; 36 L. T. 184; 3 Aap. 378 . . 228,631,632 Czech V. Gen. Steam, &c., L. E. 3 C. P. 14 ; 37 L. J. C. P. 3 ; Co. 17 L. T. 246 ; 16 W. E. 130 ; 3 M. L. C. 5 . . . . 236, 357 D. Da Costa v. Edmunds . 4 Camp. 142 .... 261 D'Aguilar v. Tobin . . Holt's N. P. 185 ... 213 Dahl V. Nelson ... 12 Ch. D. 568; 6 Ap. Ca. 38; 60 L.J. Ch. 411; 44L.T.381; 29 W. E. 643 ; 4 Asp. 392 . . 168, 159, 161, 248 Daioz, The . . 47 L. J. Ad. 1 ; 37 L. T. 137 ; 3 Asp. 477 573 Dakin ». Oxiey . . . 15 C. B. N. S. 646; 33 L. J. C.P. 115 ; 10 L. T. 268 ; 12 W. E. 557 ; 10 Jur. N. S. 666 ; 2 M. L. C. 6 269, 274 Dale V. Hall . . 1 "Wils. 281 .... 236, 358 Dalhousie, The . . . 1 P. D. 271 . . . .709 Daniells v. Harris . L. E. 10 C. P. 1 ; 44 L. J. C. P. 1 ; 31L. T. 408; 23W. E. 86; 2 Asp. 413 96, 97, 105, 251 Dante, The . . . 2 W. Eob. 427 . . , . 455 Dantzic Packet, The . 3 Hagg. 383 .... 717, 719, 743, 746 D Aquila v. Lambert . 2 Eden, 75 370, 371 Daring, The . . . L.E. 2 Ad. 260 ; 37 L. J. Ad. 29 76, 82, 461 Davidson v. Barnand . L. E. 4 C. P. 117 ; 38 L. J. C. P. 73;19L.T. 782;17W.E.121; 3M.L. C. 207 . . . 99,359,361 Davidson v. Gwynne . 12 East, 381 ... . 143, 282, 316 Davidson v. Todhunter . 7 E. & B. 876 (cited) . . .506 Davies v. McVeagh . . 4 Ex. D. 265 ; 48 L. J. Ex. 686 ; 41L. T. 308; 28W. E. 143; 4 Asp. 149 158, 166 Davis V. Garrett . 6 Bing. 716 .... 175, 176 Dawson v. Atty . 7 East, 367 120 Dawson, Inre . . .1 Eonb. N. E. 229 ; 17 L. T. 0. S. 100 610 Dean V.Hogg . . . 10 Bing. 346 . . . .301 De Bay, The . . .8 Ap. Oa. 559 ; 52 L. J. P. C. 57 ; 49 L. T. 414 ; 6 Asp. 166 . 720 Deblois v. Ocean In. Co. . 16 Pick. 303 .... 193 De Cuadra v. Swann . 16 C. B. K. S. 772 .. . 266 D'Bguino ?J. Bewioke . 2 Hen. Bl. 551 . . . .173 De Garay v. Clagget . 2 Park, Ins. 708 . . . . 172 Deguilder v. Depeister . 1 Vern. 268 . . . 428 Delaney v. Stoddart . . 1 T. E. 22 . . . . 183, 211 Delaroque v. Oxenholme 1 C. & E. 122 . . . . 495 S.S. Co. Delta, The . . . 1 P. D. 393; 45 L.J. Ad. Ill; 35L.T. 376; 25 W. E. 46; 3 Asp. 256 zlii INDEX TO CASES. The references in the third colimm are to the sections of the hoole. NAUE OF CASE. Dennis v. Tovell De Eothscliild v. Eoyal Mail Co. De Silvale v. Kendall Despatch, The . D. H. Bnis, The Diana, The (Collision — Pilot) Diana, The (Freight) Diana, The (Jurisdiction) Dick V. Lumsden Dictator, The . Diplock V. Blackburn Dixon V. Baldwen Dixon V. Oalcraft Dixon V. Parrer Dixon V. Eeid . Dixon V. Sadler Dixon V. Yates . . . D. Jex, The ; Dobell V. "Watts Dohson v. Lyall (No. 1) Dobson V. Lyall (No. 2) Dodson T. Wentworth Domett V. Beckford . Donaldson v. Little . Dora Tully, The Dordogne, The . Dormont v. Furness By. . Dosseitei, The . Douglas, The . Douglas V. ScougaU . Doward v. Lindsay . . . Dowthorpe, The Doyle r. Powell Draoachi v. Anglo, Ac, Co. Draco, The Brig Driscol V. Bovill Driscol V. Passmore Droege v. Suart Druid, The Dryer v. Birrell Dublin Port, &c., Bd. v. Shannon L. E. 8Q. B. 10; 42L. J. M.O. 33;27L.T.482;21W.E.170; 2 Asp. 402 .... 7 Ex. 734; 21L. J. Ex. 273 4M. &S. 37 Lush. 98; 14 Moo. P. C. 83; 3 L. T. 219 . . . . 4 P. D. 32 n.; 38 L. T. 786; 4 Asp. 20 1 W. Eob. 131 ; 4 Moo. P. C. 11 SC.Eob. 67 . . . . Lush. 539; IM. L. C.261. 1 Peake, 189 ... . 38L. T. 947; 4 Asp. 19 . 3 Camp. 43 5 Bast, 175 [1892] 1 Q. B. 458 ; 61 L. J. Q. B. 629; 66 L. T. 654; 40 W. E. 598; 66 J. P. 388; 7 Asp. 161 18Q. B. D. 43; 66L.J.Q.B.53; 55 L. T. 578; 35 W. E. 96; 6 Asp. 62 .... 6 B. & Aid. 597; 1 D. & E. 207 . 5 M. & W. 405; 8 M. & W. 895 . 6B. &Ad. 313; 2N. &M. 177 . 13L. T. 22; 2M. L. C. 263 [1891] W.N. 131; 91 L. T. Jour- nal, 192; 7T. L. E. 426. 3Myl. &Cr. 453n. . 8 Jur. 969 4M. &G. 1080; 6 Jur. 1066 . 5B. &Ad. 521 . . . . 10 Court of Sess. (4th Ser.) 413 . 54L. T. 467; 5 Asp. 650 . 10 P. D. 6; 54 L. J. Ad. 29; 61 L. T. 650; 33 W. E. 360; 5 Asp. 127 . . . . 11 Q. B. D.496; 62 L. J. Q. B. 331; 49L. T. 134; 5 Asp. 127 10 Jur. 865 7P. D. 151; 51L. J.Ad.66, 89; 47 L. T. 502; 5 Asp. 15; 30 W. E. 692 . . . . 4 Dow, 269 {See The William Lindsay) 2 W. Eob. 73 ... , 4 B. & Ad. 267; 1 N. & M. 678 . L. E. 3C. P. 190; 37L. J. C. P. 71;17L.T.472;16W.E.277; 3 M. L. 0. 27 . 2 Sumner, 167 .... IB. & P. 313 . IB. & P. 200 . {See The Karnak) 1 W. Eob. 391 . 10 Court of Sess. (Sc.) 4th Ser. 686 Ir. E. 7 C. L. 116 .. . 230 364 273, 276 681 428 667, 672, 573, 630 286, 288 637 346 72 66,84 384, 385, 388, 389, 391 529 629 219 94, 96, 97, 98, 100, 102, 103, 560 393 160, 167 453 432, 434, 436 385, 389 268, 290 101 77 670, 675 632 719, 743, 745, 746 632 94, 99, 104 444, 450, 747 204 349 465 181, 208, 181 21:^ 640 179 562 INDEX TO CASES. xliii The references in the third column are to the sections of the book. NAME OF CASE. Duchesae de Brabant, The Duchess of Kent, The Dudgeon v. PemlDroke Dudman v. Dublin Port, &o., Bd. Duero, The Dufourcet v. Bishop . Duke of Bedford, The Duke of Manchester, The Duke of Sussex, The Duke of Sutherland, The Duncan v. Benson . Duncan v. Koster Duncan v. McCalmont Dundee, The Dunelm, The Dunlop v. BaHonr Dunmore, The . Duranty v. Hart Durham City, The Duthie V. Hilton Dwina, The Dygden, The REPORTS. SECTION. Sw. 264 640 IW. Rob. 283 . . . . 605 L. K. 9 Q. B. 581; 2 Ap. Ca. 284; 46 L. J. Ex. 409; 36 L. T. 382; 25 W. R. 499; 3 Asp. 393 . . . . 95, 599 Ir. R. 7 0. L. 518 571 L. R. 2 Ad. 393; 22 L. T. 37; 3 M. L. 0. 323 ... 18Q. B. D. 373; 56 L. J. Q. B. 497; 56L. T. 638; 6 Asp. 109 2 Hagg. 294 ... . 2 W. Rob. 470 ; 6 Moo. P. 0. 90 ; 4 N. of C. 575; 5 N. of 0. 470; 10 Jur. 863 . 1 W. Rob. 270 ; 1 N. of C. 161 . L. E. 4 Ad. 417 (See The Magnet) lEx. 537; 3 Ex. 644; 18 L. J. Ex. 169 (See The Teutonia) 3 Beav. 409 . . IHagg. 109 . . . . 9 P. D. 164; 53 L. J. Ad. 81 ; 51 L. T. 214; 32 W. R. 970; 5 Asp. 304 . . . . [1892] 1 Q. B. 507 ; 61 L. J. Q. B. 354; 66 L. T. 455; 40 W. E. 371; 7 Asp. 181 32L. T. 340; 2 A^p. 509 . (See The Hamburg) 14 P. D. 85; 58 L. J. Ad. 46; 61L. T. 339; 6 Asp. 411 L.R. 4 0. P. 138; 38 L. J. 0. P. 93; 19L.T.285; 17W.R.55; 3 M. L. C. 166 ... [1892] P. 58; 61 L. J. Ad. 71; 66 L. T. 862 ; 7 Asp. 173 IN. of C. 115 . . . . 363 276 420, 442, 460 567, 743, 744, 745 575 262, 327, 443, 452 453 630 667 151, 300, 308 62 78 269 627, 745 745 Ealing Grove, The . Earl Grey, The Earl of Auckland, The Earl of Dumfries, The Earl of Bglinton, The Earl Wemyss, The . Earle v. Harris Earle v. Rowcroft Eastern Monarch, The Eastman v. Harry Ebenezer, The . Ebor, The E. 2 Hagg. 15 SHagg. 363 . . . . Lush. 164, 387; 15M00.P. O.SOi; 30 L. J. Ad. 121 ; 5 L. T. 558 ; 10 W. R. 124; 1 M.L. 0.177 10 P. D. 31; 54 L. J. Ad. 83; 51 L. T. 906; 33 W. R. 568; 5 Asp. 342 . . . . Sw. 7 60 L. T. 431; 61 L. T. 289; 6 Asp. 364 . . . . Doug. 357 . 8 East, 126 Lush. 81 .... 33L. T. 800; 3 Asp. 117 . 8 Jur. 886 U P. D. 25; 54 L. T. 200; 34 W. R. 448 ; 5 Asp. 560 506 737 34, 563, 564, 565, 569 123 709 671, 679 137 84,216,217,218,219,221 701, 730, 739 254 693 670, 675 xliv INDEX TO CASES. The references in tlie third column are to the sectiom (if the booli. NAME OF CASE. Economy; The . Eden, The Eden v. Parkinson Edenmore, The Edmond, The (No. 1) Bdmond, The (No. 2) Edward Hawkins, The Edward Oliver, The . Edward «. Trevellick Edwards «. Brewer . Edwards v. Havill . Edwin, The Effort, The Egyptian, The . Bintracht, The . Eleanor, The, and The Alma Eleanora Oharlotta, The . Elemore v. Trim Eleonore, The . 1 Pritch. Adm. Dig. 3rd. ed. 286 2W. Rob. 442 . . . . 2 Doug. 735 .... [1893] P. 79; 69 L. T. 230; 41 W. E. 654 . . . . Lush. 57; SOL. J. Ad. 128 Lush. 211 Lush. 615; 15 Moo. P. 0. 486 . L. R. 1 Ad. 379 ; 36 L. J. Ad. 13 ; 16L. T. 675; 2M. L. C. 607 . 4 E. & B. 59 2M. &W. 375 . 14 C. B. 107 ; 2 C. L. R. 1343 ; 23 L.J.O. P. 8; 17 Jur.1103; 22 L. T. O. S. 87; 2 W. E. 12 . B. & L. 281 ; 33 L. J. Ad. 197 ; 10 L. T. 658; 12 W. R. 992; 2 M. L. 0. 36 . 3Hagg. 166 . . . . 1 Moo. P. 0. N. S. 373 ; 8 L. T. 776 ; 9 Jur. N. S. 1159 . 29L. T. 851; 2 Asp. 198 . 2 M. L. C. 240 . 1 Hagg. 166 . {See The Glannibanta — Salvage) B. & L. 186 ; 33 L. J. Ad. 19 ; 9 L. T. 397; 12W.R.218; 1 M. 569 569 720, 728 292, 432, 435, 448 432, 434, 435 695, 697 82, 461 506, 609 375, 387 405, 408 76,78 719, 731 681 691 671 747 L. C. 400 , . . . 701 Elfiphanta, The 15 Jur. 1186 . . . . 466, 467, 458 Elin, The . 8 P. D. 39, 129 ; 52 L. J. Ad. 55 ; 49 L. T. 87; 31 W. R. 736; 5 Asp. 120 64, 510, 638 Elise, The . Sw. 436 733 Eliza, The (Bottomry) . IMoo.P. 0. 6 . . . . 442 Eliza, The (Pilot) . Lush. 636 .. . 576, 701 Eliza, The (Priority) Eliza, The (Seamen) 3 Hagg. 87 . . . 444,460 1 Hagg. 182 . . 479, 506, 612 Eliza Cornish, The (or 17 Jur. 738; ISp. 36 . 18, 20, 412, 413, 415, The Segredo) 416 Elizabeth, The (Pilot as Salvor) Elizabeth, The (Wages) . 8 Jur. 365 576, 713 2Dods.403 496, 499 Elizabeth Jenkins, The (See The Agra and The Elizabeth Jenkins) 33 L. J. Ad. 189 . Ella Constance, The . 693 Elliott «. Lord . 52L. J. P. C. 23; 48 L. T. 542; 5 Asp. 63 . . . . 166, 166 Elliott V. Wilson 4 Brown's P. C. 470 . 180, 188 Elliotta, The . 2Dods. 75 731 Ellis V. Hunt . 3 T. R. 464 370, 382, 385, 388 Ellis V. Pearce . E. B. &E. 431; 27 L. J. M. 0. 257; 4 Jur. N.S. 1275 . 600, 621 Ellis V. Tamer . 8 T. R. 531 400 EUora, The Lush. 660 701, 716 Elpis, The. L. R. 4 Ad. 1 ; 42 L. J. Ad. 32; 25L.T. 885; 20 W. R. 563; 1 Asp. 472 422, 468 Elsworth V. Woolmore 5 Esp. 84 601 Elton V. Brogden 2 Str. 1264 181, 208, 220 Elysia, The 46L. T. 840; 4Asp. 640 . 670 INDEX TO CASES. xlv The r^erences in tite third column are to the sections of the book. SA51t: OF CASE. Emancipation, The . Emanuel, The . Emery v. Cichero Emilien Marie, The . Emily, The Emma, The (Salvage- Contribution) Emma, The (Salvors) Emmy Haase, The . Empire of Peace, The Empress, The . Empress Eugenie, The Enchantress, The (Passen- gers) Enchantress, The (Salvage) Endeavour, The Enderby v. Fletcher . Energie, The Energy, The England, The . Englishman, The Enterprise. The Eolides, The Erato, The Erichsen v. Barkworth Esk, The . Esk, The, and The Niord . Esperance, The . Essequibo, The . Etmsco, The Ettrick, The E. U., The Eugene, The . Eugenie, The (Bottomry) . Eugenie, The (Salvage) . Europa, The (Collision) . Europa, The (Maritime Lien) 1 W. Bob. 124 . 1 C. Bob. 296 . {See The Arklow) 44L. J. Ad. 9; 32 L. T. 435; 2 Asp. 614 Olcott, 132 . 2 W. Bob. 315 3W. Bob. 151 . . . . 9P. D. 81; 53 L.J. Ad. 43; 50 L. T. 372; 32 W. B. 880; 5 Asp. 216 39 L. J. Ad. 12; 21 L. T. 763; 3 M. L. C. 324 ... L. B. 3 Ad. 602 ; 41 L. J. Ad. 32 ; 25L.T. 886; 20 W. B. 653; 1 Asp. 183 .. . Lush. 138 .. . IHagg. 395 Lush. 93 ; 30 L. J. Ad. 15 . 6 Moo. P. C. 334 . . 2 Park, Ins. 646 . L. B. 6 P. C. 306; 44 L. J. 25; 32L.T. 679; 23 W. B. 932; 2 Asp. 665 L. B. 3 Ad. 48; 39 L. J. Ad. 26; 23 L. T. 601 ; 18 W. E. 1009 ; 3 M. L. 0. 603 . 6 N. of 0.170 . . . . 3P. D. 18; 47 L.J. Ad. 9; 37 L. T. 412; 3 Asp. 606 . 2Hagg. 178n. . 3Hagg. 367 . . . . 13 P. D. 163; 67 L. J. Ad. 107; 69 L. T. 840; 6 Asp. 334 3 H. & N. 601, 894; 27 L. J. Ex. 472; 5 Jur. N. S. 617 . L. B. 2 Ad. 360 ; 38 L. J. Ad. 33 ; 20L. T. 587; 17 W. E. 1064; 3 M. L. C. 242 . L. B. 3 P. C. 436; 7 Moo. P. 0. K S. 276; 24 L. T. 167; 1 Asp. 1 (See L'Esperanoe) 13P. D. 51; 57L. J. Ad. 29; 58 L. T. 596; 6 Asp. 276 . 6 0. Bob. 74 . . . . 6P. D. 127; 60L. J. Ad. 65; 45 L.T. 399; 4 Asp. 428, 466 . 1 Sp. 63 SHagg. 156 . . . . L. B. 4 Ad. 123 ; 29 L. T. 314; 21 W. E. 957; 2 Asp. 104 . 3]Sr. of 0.430 . . . . 14 Jur. 627 B.&L.89;2Moo.P.O. N. S. 1; 32L. J. Ad. 188; 8 L. T. 368; 9 Jur. N. S. 699; 1 M. L. 0. 337 418,419,424,425,426, 428 289 305, 335, 336, 348 630 742 703 675, 687 427, 433 749 650 586 704, 722 213 734, 739, 741 290, 297, 328 269, 635 575 656 676, 649 713 701, 731 158, 166, 319 660 673, 679, 681 668 286 318, 695, 719 742 696, 719 82, 461 693 635 630, 638 xlv INDEX TO CASES. The rtferences in the third column are to the sections of tfie booli. NAME OP CASE. REPORTS. European, The . Evangelismos, The . Evans v. Forster Evans v. Niohol Evans v. Williams Everth. V. Hannam . Ewbank v. Nutting . Ewell Grove, The . Excelsior, The . Exeter, The (Bottomry) Exeter, The (Seamen) Express, The . Ad. 61 ; E. 937; 52 5 lOP. D. 99; 64 L.J. L. T. 868; 33 W. Asp 417 Sw. 378 ; 12 Moo. P. 0. 352 1 B. & Ad. 118 . 3 M. & G. 614 . Abbott, 13th ed. 133 . 6 Taunt. 376 7 0. B. 797 3 Hagg. 209 . . . . L. K. 2 Ad. 268 ; 37 L. J. Ad. 54 ; 19L. T. 87; 3M. L. 0. 151 . 1 C. Bob. 173 ... . 2 0. Rob. 261 ... . L. R. 3 Ad. 597 ; 41 L. J. Ad. 79 ; 26L. T. 966; 1 Asp. 355 630 646 316 360 405 217 260 709, 720, 731 224, 681 460 465, 468, 485, 496, 605 212 F. Fairbridge v. Pace . Fairport, The (Forfeiture) Fairport, The (Lien) Faith «. East India Co. Faithful, The . Falk, Em pa/rte, re Kiell Falk v. Fletcher Pamenoth, The Fanny and Elmira, The . Fanny, The ; The Mathilda Fanny M. Carvill, The . Farmer v. Davis Farnley Hall, The . Farnworth v. Hyde . Fauous V. Wilson Favourite, The (Master) Favourite, The (Salvage) . Fawcus V. Sarsfield . Fearon v. Bowers Feise v. Wray . Felix, The Fenix, The Fenton v. Pearson . Ferd, Bailer & Co., Ex parte, re O'SuUivan 1 C. & K. 317 . 248 10 P. D. 13; 54 L.J. Ad. 3; 62 L.T. 62; 33 W.B. 448; 5 Asp. 348 61 8P.D.48; 52 L.J. Ad. 21; 48 L.T. 536; 31 W. E. 616; 6 Asp. 62 67, 76, 77, 78 4B. &Ald.630 . 298, 302, 305, 313 31 L. J. Ad. 81 . 429, 442 14 Oh. D. 446 {See Kemp v. Falk) 18 0. B. N. S. 403; 34 L. J. 0. P. 146;11 Jur. ]Sr. S. 176; 13 W. E. 346 . . . . 330, 370 7P. D.207; 48 L. T. 28; 4 Asp. 35 52,58 1 Edw. 117 .. . 412,413,415 48 L. T. 771 ; 5 Asp. 76 . 401, 402 L.E.4Ad.417;13Ap.0a.455n.; 44L. J. Ad. 34; 32L. T. 646; 24W. R. 62; 2 Asp. 666 666 IT. R. 108; 1R.E.159 . 87,88 46L. T. 216; 4 Asp. 499 . 720, 728 L. R. 2 0. P. 204; 36L. J. 0. P. 33; 15L. T.395;12Jur.]Sr.S. 997; UW.R. 783; 2 M. L. 0. 187,429 261 (Dnreported) .... 253 2 0. Rob. 223 . 19 2 W. Rob. 255 . 701, 712 6 B.& B. 192; 26 L. J.Q.B.249; 2 Jur. N. S. 665 . 96 1 H. Bl. 364; 1 Smith's L. 0. 9th ed. 766n 321 3 East, 93 371, 375, 376, 396 L.R. 2Ad. 273; 37 L.J. Ad. 48; 18 L.T. 587; 17W.R. 102; 3 M. L. 0. 100 . 158, 351 Sw. 13 .... 718 16 East, 419 . . . . 371 66L. T. 619; 67 L.T. 464 370, 383 INDEX TO CASES. xlvii The rtferenoes in tlie third column are to the sections of the book. NAME OF CASE. Ferguson and Hutchinson, Em parte Feronia, The Ferret, The Ferro, The Fielden, The . Figlia Maggiore, The Finlay v. Liverpool, &o., Co. Firefly, The •Fire Queen, The L. R. 6 Q. B. 280; 40 L. J. Q. B. 106 ; 24 L. T. 96 ; 19 W". R. 746 ; 1 Asp. 8 Addenda 46 L. R. 2Ad. 65; 37L. J. Ad. 60; 17 L. T. 619; 16 W. R. 585; 3 M. L. C. 54 . 8 Ap. Ca. 329 ; 52 L. J. P. C. 51 ; 48 L. T. 915; 31 W. R. 869; 5 Asp. 94 .... [1893] P. 38 ; 62 L. J. Ad. 48 ; 68 L. T. 418 . IIW. R. 156 .... L. R. 2 Ad. 106 ; 37 L. J. Ad. 52 ; 18L. T. 532; 3M. L. C. 97 . 23 L. T. 251 ; 3 M. L. 0. 487 . Five Steel Barges Fleece, The Fletcher v. Inglis Flora, The Flora, The, and The Allan Florence, The . Flying Fish, The . Foley V. Tabor . Fontaine 17. Ool. Ins. Co. . Fontaine v. Phoenix, &c., Co. Forbes v. Wilson Ford V. Cotesworth . Formin v. Oswell Forshaw v. Chabert . Fortitude, The . Fortuna, The (No. 1) Portuna, The (No. 2) Forward v. Pittard . Foster v. Colby Foster v. Frampton . Foster v. Wilmer Fowler v. Knoop Fowler v. Kymer Fowler v. McTaggart Fox V. Black . . . Fox V. Nott Francesco v. Massey Frances Mary, The . 67, 74, 75, 76, 78, 81 516 254, 363 743 356 343, 365 Sw. 240 732, 734 12 P. D. 147; 56 L. J. Ad. 90; 57 L. T. 312; 36 W. R. 15; 6 Asp. 146 ... . 660 15 P. D. 142; 69 L. J. Ad. 77; 63 L. T. 499; 39 W. R. 127; 6 Asp. 580 .... 3W. Rob. 278 .... 2B. &Ald. 315 . L. E. 1 Ad. 45 ; 35 L. J. Ad. 15 ; 14L. T. 192; 2M. L. C. 325 . (See The Allan, &c.) 16 Jur. 572 . ... B. & L. 436 ; 3 Moo. P. C. N. S. 77; 34L. J. Ad. 113; 12 L. T. 619; 2M. L. C. 221 2 F. & F. 662 . 9 Johns. N. Y. 29 10 Johns. N. Y. 58 . 1 Park, Ins. 472 . L. R. 4 Q. B. 127; 5 Q. B. 644; 39 L. J. Q. B. 188 ; 23 L. T. 166 ; 18 W. E. 1169 ; 10 B. & S. 991 ; 3 M. L. C. 468 ... 3 Campbell, 366 . 3B. &B. 158 . 3 Sumner, 228 . 4C. Rob. 278 .... Edw. 66 ... . 1 T. R. 27 . 3H. &K. 705; 28L. J. Ex. 81 . 6 B. & C. 107; 9 D. & R. 108; 2C. &P. 469 . 2 Str. 1249 4 Q. B. D. 299 ; 48 L. J. Q. B. 333; 40 L. T. 180; 27 W. R. 299; 4 Asp. 68 3 East, 396 (cited) (See Fowler v. Kymer) 2 Park, Ins. 620 . . . . 180 6 H. & N. 630 ; 30 L. J. Ex. 259 362 L. R. 8 Ex. 101 ; 42 L. J. Ex. 75 ; 21 W. R. 440 ; 2 Asp. 594 n. 300, 308 2 Hagg. 89 731 688, 714, 747 717, 722, 723, 742 361 639 469, 706, 731, 739, 744 649, 685 94, 97, 105 432 106 97 149, 160, 151, 162, .324 120 94, 102, 210 404, 443 288 287 236, 358 291, 303, 304, 306 381, 386, 388 182 161, 166, 162, 352 301, 379 xlviii INDEX TO CASES. Tlie references in the third column are to the sections of the booh: WAME OP CASE. Francis, Exp., re Bruno . Francis and Eliza, The . Franconia, The (Limita- tion of liability) Franconia, The (Overtak- ing ship) Frankland, The, and The Kestrel Fraser v. Telegraph, &c., Co. Fraser v. "Witt . Frazer v. Cuthbertson Frazer v. Hatton Frazer v. Marsh Frederick, The (Pilot) Frederick, The (Wages) . Freed'om, The . Freeman v. East India Co. Freeman v. Taylor . French v. Gerber French v. Newgass Friedrich, The . Friends, The (Freight) Friends, The (Wages) Frontine r. Frost Frost V. Oliver . Fry V. Chartered Bank of India .... Fullagsen v. Walford Funchal Baptista, The Furness v. Tennant . Fnrness v. White Fusilier, The . Fyenoord, The 56L. T. 577; 6 Asp. 138 . 2Dod8. 115 . . . . 3P.D.164;39L.T.57;27W.E. 218; 4A8p. 1 . . . . 2P.D.8; 35L.T.721; 26W.E. 197; 3 Asp. 295 . L. E. 4 P. C. 529 ; 27 L. T. 633; 9Moo.K 8.365; 1 Asp. 489. L. E. 7Q. B. 566; 41 L. J. Q. B. 249; 27 L. T. 373; 20 W. E. 724; 1 Asp. 421 L. E. 7 Eq. 64; 19 L. T. 440; 17 W. E. 92; 3M. L. C. 164 . 6Q. B. D. 93; 50L.J.Q.B.277; 29W. E. 396 . . . . 2 0. B.N. S. 512; 26L. J. C. P. 226 ; 3 Jur. N. S. 694 . 13 East, 238 ... . IW. Eob. 16 . . . . 1 Hagg. 211 .... L. E. 3 P. C. 594;8Moo. P. C. N. S. 29; 38 L. J. Ad. 25; 24 L. T. 452; 1 Asp. 28 5B. &Ald. 617; ID. &E. 234. 8 Bing. 124; 1 M. & Scott, 182 . 1 0. P. D. 737; 2 C. P. D. 247; 46 L. J. C. P. 320 ; 36 L. T. 350 ; 25W. E. 355; 3 Asp. 403 3 0. P. D. 163; 47 L. J. 0. P. 361; 38 L. T. 164; 26 W. E. 430; 3 Asp. 574 . (See The City of Antwerp) Edw. 246 4 0. Eob. 143 .... 3B. &P. 802 . 2 E. & B. 301 ; 1 0. L. E. 1003 ; 22 L.- J. Q. B. 353 ; 18 Jur. 166 L. E. 1 0. P. 689 ; 35 L. J. 0. P. 306; 14L. T. 709; 14 "W. E. 920 ; 2 M. L. 0. 346 1 0. & E. 198 . 3 Hagp. 386 n 66L. T. 635; 7 Asp. 179 . [1894] 1 Q. B. 483 . . . B. & L. 341 ; 34 L. J. Ad. 25 ; 3 Moo. P. C. N. S. 51 ; 11 Jur. N. S. 289; 12 L. T. 186; 13 W. E. 692; 2 M.L. 0.177 Sw. 374 389, 391 701, 710 642 668, 675 675 178, 329 373, 389 409, 410 474, 479, 601 411 576, 713 496 336, 360, 361 261, 264, 351 141, 144, 145, 175 308 90 286, 288 496, 497 508 401, 403, 405, 410 303, 304 280 676 257 Add.,156,268,314, 328 689, 691, 720, 730, 7£9, 742 681 Gabay v. Lloyd Gaetano and Maria, The Gairdner v. Senhouse Galam, The Cargo ex G. 3B.& 0.793; 5D. &E. 641 . 7 P.D.I, 137; 51 L.J. Ad. 67; 46 L. T. 835; SOW. E. 766; 4 Asp. 535 .... 3 Taunt. 16 . . . . {See The Cargo ex Galam) 361 369, 439, 449, denda, 239 190, 193, 195 464, Ad- INDEX TO CASES. xlix Tlie rtferences in the third column are to the sections of the hool-. NAME or CASE. Galatea, The Ganges, The (Salvage agreement) Ganges, The (Salvors) Gann v. Brian . Gardiner v. McFarlane Gardner v. McCutcheon . Gardner v. Trechmann Garrett v. Melhuish . Garston S.S. Co. v. BHckie (No. 1) Garston S.S. Co. ■». Hickie (No. 2) GatlifEe v. Bourne Gattorno v. Adams Gauntlet, The . Gazelle, The . Geipel ■;;. Smith General de Caen, The General Gordon, The General Lee, The General Palmer, The G. S. N. Co. V. De Jersey . G. S. N. Co. V. Hedley . General Steam, &c., Co. v. The British & Colonial, &o., Co. Generous, The . Genessee, The . George, The George and Richard, The George Dean, The . George Gordon, The George Home, The George Eoper, The Germania, The . Giacomo, The Gibhes, Bx parte, re Whit- worth Gibbon v, Mendez Gibbons v. Buisson . Gibbs V. Charleton . Gibbs V. Grey . Sw. 860 L. E. 2 Ad. 370 ; 38 L. J. Ad. 61 ; 22 L. T. 72 ; 3 M. L. C. 342 . IN. of C. 87 (See The Clarisse) 16 Sess. Ca. (4th ser.) 664 . 4 Beav. 634 . . . . 15Q. B. D. 164; 54 L. J. Q. B. 516; 53L. T. 618; 5 Asp. 558 4 Jur. N. S. 943 . 16 Q. B. D. 680; 53 L. T. 795; 6 Asp. 499 . . . . 18Q. B. D.17; 56L. J. Q.B.38; 65 L. T. 879; 36 W. E. 33; 6 Asp. 71 .... 4 Bing. N. C. 314; Arnold, 120 ; 5 Scott, 667 ; 3 Scott N. E. 1 ; 8 Scott N. E. 604 ; 3 M. & G. 643 ; 7 M. & G. 850 ; 11 C. & F. 45 12 C. B. N. S. 567 .. . 3 W. Eob. 82 ... . 2W.Eob.279; 3N". of C. 75 . L. E. 7 Q. B. 404; 41 L. J. Q. B. 153; 26 L. T. 361; 20 W. E. 332 ; 1 Asp. 268 .. . Sw. 9 63 L. T. 117; revd. 68 L. T. 469; 19L. T. 760; 3M. L. C. 204 . 2Hagg. 176 . . _ . {8ee The Edward Hawkins) (See The Velocity) L. E. 3 Ex. 330; 4 Ex. 238; 38 L.J. Ex. 97; 20L.T. 581; 17 W. E. 741 .. . L. E. 2Ad. 57; 37 L. J. Ad. 37 18 L. T. 662; 16 W. E. 519 3 M. L. C. 40 . 12 Jur. 401 . 2 W. Eob. 386; 9 Jur. 670; 4 N, of C. 161 . L. E. 3 Ad. 466 ; 24 L. T. 717 20W. E. 245; 1 Asp. 50 Sw.290 .... 9P. D. 46; 63 L. J. Ad. 28; 60 L. T. 371; 32 W. E. 596; 6 Asp. 216 1 Hagg. 370 ... . 8 P. D. 119 ; 62 L. J. Ad. 69 ; 49 L. T. 185; 31 W. E. 953; 5 Asp. 134 37L. J. Ad. 59; 21 L. T. 44; 3 M. L. C. 140 . 3 Hagg. 344 ... 1 Ch. D. 101 ; 45 L. J. Oh. 10 33L. T.479; 24 W. E. 298 2B. &Ald. 17 . 1 Bing. N. 0. 283 26 L. J. Ex. 321 . 2 H. & N. 32 ; 26 L. J. Ex. 286 ; 29 L. T. 0. S. 162; 5 W. E 608; 3 Jur. N. S. 543 . 714 741 708 300 66, 84 291, 306, 346 274 278 359 319, 324, 325 332 433, 434 648, 663 148, 365 570, 571, 572, 67:> 630, 681 674 576, 713 563, 570 734, 750 696, 739 568, 630, 636 642 722 745 479 681 269 693 389, 391, 393 275 161 401 267 INDEX TO CASES. The rtferences in the third colwtm are to the sections of the hook. NAME OF CASE. REPORTS. SECTION. Gribson v. Oarruthers . 8M. &W.328; 11 L.J. Ex. 138 370 Gibson v. Ingo . . 6 Hare, 112 122 Gibson c. Small . 4H. L. 363; 1 0. L. R. 363; 17 Jur. 1131 ; rep. below 20 L. J. Q.B. 162 . . . . 90, 95, 97 ,98 Gibson v. Sturge . 10 Ex. 622; 3 0. L. E. 421; 24 L. J. Ex. 121 ; 24 L. T. 0. S. 241; 3W.R.166; IJur.N.S. 269 280 Gilbert v. Guignon . . L. R. 8 0h. 16; 27L.T. 733; 21 W. R. 281 ; 1 Asp. 498 . 346 Gilbert v. Trinity House . 17 Q. B. D. 796 ; 66 L. J. Q. B. 86 ; 36W.R. 30 . . . . 632 Giles V. Nathan . {8e,e, Nathan v. Giles) Gilkison ■tt. Middleton . 2 0. B. N. S. 134; 26 L. J. 0. P. 209 291, 303, 304 Gill V. M. S. & L. Rj . Co. L. E. 8 Q. B. 186 ; 42 L. J. Q. B. 89; 28L.T. 687; 21W.R. 625 357 Gillan v. Simpkin . 4 Camp. 241 ... . 591 Gillespie v. Thompso n . 6E.&B.477n.;2 Jur.N.S.713n. 256 Gilroy v. Price . . [1893] A. C. 66; 68L. T. 302 . 90, 367 Gipsey King, The . 2 W. Rob. 637 . 668, 569, 676 Gipsy, The . (See. The Uniao Vencedora) Girolamo, The . . 3Hagg. 176 . . . . 567 Gladstone v. King . IM. &S. 35 84 Glaholm V. Hays . 2 M. & Gr. .267 ; 2 Scott N. R. 471 142 Glamorganshire, Th( 3 . 13 Ap. Oa. 464; 69 L. T. 572 ; 6 Asp. 344 .... 349, 656, 660 Glannibanta, The i Colli- 1 P. D. 283; 24 W. R. 1033; sion) suh nom. Transit, 34 L. T. 934 ; 3 Asp. 233 ... . 681 Glannibanta, The (Sal- 2 P. D. 46; 46 L. J. Ad. 76; 36 vage) L.T.27;25W.R. 51S;3Asp. 339 735 Glasoott V. Lang . 8 Sim. 368 463 Glasgow, The . . Sw. 146; 12 Moo. P. C. 355 n. 413, 417 Glasgow Packet, Th 3 . 2W. Rob. 306 . . . . 717, 746, 747 Gledstanes v. Allen . 12 0.B. 202 . . . . 302, 303, 304 Glendarroch, The . lOT. L. R. 269 . . . . Addenda , 236, 367 Glendevon, The . [1893] P. 269 ; 62 L. J. Ad. 123 . Addenda ,162 Glendnror, The . L. R. 3 P. 0. 689 ; 8 Moo. P. C. N. S. 22;24L. T.499;l Asp. 31 720 Glenfruin, The . . 10 P. D. 103 ; 54 L. J. Ad'. 49 ; 52 L.T.769;33W.R.826j6Asp. 413 90, 91, 367, 703, 704 Glengaber, The . L.R. 3 Ad. 534; 41 L.J. Ad. 84; 27L. T. 386; 21 W. R;160; 1 Asp. 401 699 Glengarry, The . 2P. D. 235; 43L. J. Ad. 37; 30 L.T. 341; 2 Asp. 230 . 681 Glenmanna, The . Lush. 115 448 Glory, The . 14 Jur. 676 717, 719, 743, 745 Glyn 13. B. & W. I. Dock 5Q. B. D. 129; 6Q.B.D.476;7 Co. Ap. Ca. 591 ; 62 L. J. Q. B. 146 ; 47 L. T. 309; 31 W. R. 201; 4 Asp. 680 . . . . 319, 320, 321, 340, 341 Glynn u. Margetsoi . {See Margetson v. Glynn) GofE V. Clinkard . 1 Wils. 282 (cited) . 250 Golden Sea, The . 7P. D. 194; 51L. J.Ad. 64; 47 L. T. 679; 30 W. R. 842; 6 Asp. 23 52, 66, 68 INDEX TO CASES. The Terences in the third column are to tlie sections qf the hook. NAME OF CASE. Goldschmidt v. Whitmore Golondrina, The Gondolier, The . Good V. Isaacs . Goodhart v. Lowe Gordon v. Morley Gordon v. Pyper Gore V. Bethel. Grore V. Gardner Governor Eaffles, The Graaf van Eechteren, The Graces, The Graham v. Barras Grant v. Coverdale . Grant v. King . Grant v. Norway Gratitudine, The Gray v. Carr Great Eastern, The (Neces- saries) Gt. Eastern, The (Wages) Gt. Eastern S.S. Co., In re Great Indian, &c., Ey. Go. V. TarnbuU G. N. E. Co. V. Swaffield . Great Northern S.S. &c., Co. v. Edgehill Great Pacific, The . Green v. Bailey Green v. Young Gregory v. Christie Gregory v. Jones Griefswald, The Grill V. Gen. Iron, &c., Co. Gnibert v. Eeadshaw Gullisohen v. Stewart Gunn V. Eoberts Gamey v. Behrend . HE PORTS. SECTION. 3 Taunt. 508 . . 219 L. E. 1 Ad. 334 . . 701, 737 3 Hagg. 190 ... . 501 [1892] 2 Q. B. 565 ; 61L.J.Q.B. 649; 67 L. T. 450; 40 W. E. 629 ; 7 Asp. 212 158, 164 2J. &W. 349 . 383 2 Str. 1265 .... 173 94 L. T. J. 79 . 466 {See The Inca) {See The Hersey) 2 Dods. 14 . 469, 486, 701, 706 {See The Newcastle and The Graaf van Eechteren) 2 W. Eob. 294 . 734 6 B. & Ad. 1011 ; 3 N. & M. 125 139 {See Coverdale v. Grant) 4 Esp. 174 206 IOC. B. 665; 20 L. J. C. P. 93; 15 Jur. 296 332, 334, 400, 401, 402, 405 3 C. Eob. 240 238, 243, 260, 262, 265, 267, 418, 429, i-VJ., 444, 445, 447, 46(t L. E. 6 Q. B. 522 ; 40 L. J. Q. B. 257; 25 L. T. 215; 19 W. E. 1173 ; 1 Asp. 115 . 156, 298, 299, 300, ;!()7 L. E. 2Ad. 88; 17 L.T. 667; 3 M. L. C. 58 403, 409 L. E. 1 Ad. 384 ; 36 L. J. Ad. 15 ; 17 L. T. 228 ; 2 M. L. C. 553 496 53 L. T. 594 ; 5 Asp. 511 . 474, 495, 499, 513, 514 53 L.T. 325; 33W.E.874; 10. &E. 595; 5 Asp. 465 . 276 L.E. 9 Ex.132; 43 L.J. Ex. 89; 30 L. T. 562 . 239 11 Q. B. D. 225 . 508 L. E. 2 Ad. 381 ; 2 P. C. 516; 38 L.J. Ad. 45; 21 L.T. 38; 17 W.E. 933; 6 Moo. P. C. N. S. 151 ; 3 M. L. C. 217 . . 455, 456, 457, 458 12 Moo. P. 0. 346 . . 720 2 Salk. 444 . . . 180 3 Doug. 419 . 187 90 L. T. Journal 42 . 566 Sw. 430 638 L. E. 1 C. P. 600; 3 C. P. 476; 37 L. J. C. P. 205 ; 18 L. T. 485; 16 W.E. 796; 3M.L. C. 77 236,357 2 Park, Ins. 637 . . . . 209 11 Q. B. D. 186 ; 13 Q. B. D. 317 ; 53L.J. Q.B.173;50L.T. 47; 32 W. E. 763; 5 Asp. 200 . 156, 308, 345 L. E. 9 C. P. 331 ; 43 L. J. C. P. 233; 30 L.T. 424; 22 W. E. 652 ; 2 Asp. 250 . . . 401, 407 3E.&B.622;23L. J.Q.B.265; 23 L. T. O. S. 89; 2 W. E. 425 ; 18 Jur. 856 . . . 343, 365, 396, 398 Hi INDEX TO CASES. The refereneea in tJie third column are to the sections qf the boot:. NAME OF CASE. REPORTS. SECTION. Gustaf, The . . . Lash. 506 ; 31 L. J. Ad. 207 ; 6 L. T. 660 ; 1 M. L. 0. 230 . 462, 510, 747 Guy Mannering . . 7 P. D. 52, 132 ; 51 L. J. Ad. 57 ; 46L. T. 905; 30W.E.835; 4 Asp. 668 671 Hadgraft v. Hewith . Haigh V. E. M. S. P. Co. Haille v. Smith Halkett, Ex pwrte Hallett V. Wigram . Halley, The . Halsey v. AlbertuBzen Hamburg, The . Hamilton, The . Hamilton v. Mackie . Hamilton v. Pandorf Hamilton v. Sheddon Hamilton v. Thames and Mersey, &c., Co. Hammond v. Anderson . Hammond v. Blake . Hammond v. Bussey Hammond v. Eeid . Hammond v. Eogers Hankow, The . Hanna, The Hannibal, The . Hansa, The Hansen v. Harrold . Hanson v. Donaldson Hanson v. Meyer Hanson v. Eoyden Happy Eetam, The Hare v. Travis . Harkle v. Henzell Harman v. Clarke Harman v. Mant Harmer v. Bell Harriet, The Harrington v. Halkeld H. L. E. 10 Q. B. 350 ; 44 L. J. M. C. 140; 32 L. T. 270; 23 "W. E. 911 ; 2 Asp. 573 .. . 52 L. J. Q. B. 395, 640; 49 L. T. 802; 5 Asp. 189 . IB. & P. 563 . 19 Ves.474; 3 Ves. &B. 135 . 9 0. B. 580; 19 L. J. C. P. 281 . L. E. 2 Ad. 3; 2 P. C. 193; 5 Moo. P. 0. N. S. 262 ; 37 L. J. Ad. 33; 18L.T.879;16W.E. 998; 3 M. L. 0. 131 (Bee The Jonge Andries) B. & L. 253; 2 Moo. P. C. N. S. 289; 33 L.J. Ad. 116; 10 L.T. 206; 12W. E. 628;2M. L. 0. 1 ; 10 Jur. N. S. 600 3 C. Eob. 107 n. (cited) 5 T. L. E. 677 . _ . (See Pandorf v. Hamilton) 3M. &W. 49; M. &H. 334 17 Q. B. D. 195 ; 12 Ap. Oa. 484 ; 56 L. J. Q. B. 626 ; 57 L. T. 695 ; 36W. E. 337; 6 Asp. 200 1 B. & P. N. E. 69 ; 2 Camp. 243 lOB.&C. 424; 5M. &E. 361 . 20 Q. B. D. 79 ; 57 L. J. Q. B. 58 4B. &Ald. 72 . . . . (See The Christiana) 4 P. D. 197; 48 L. J. Ad. 29; 40L. T. 335; 4 Asp. 97 . L. E. 1 Ad. 283; 36 L. J. Ad. 1 ; 15 L. T. 334; 15 W. E. 263; 2 M. L. C. 434 ... L. E. 2 Ad. 53 ; 37 L. J. Ad. 12 58L. T. 530; 6 Asp. 268 . (Unreported) .... 1 Ct. of Sess. 4th ser. 1066 6 East, 614 L.E.30.P.47; 37 L. J. 0. P. 66 ; 17 L. T. 214; 16 W. E. 205; 3 M. L. 0. 8 . 2Hagg. 198 . . . . 7B. &C. 14; 9D. &E. 748 (See Arkle v. Henzell) 4 Camp. 159 ... . 4 Camp. 161 ... . (See The Bold Bucoleugh) Lush. 285 ; 5 L. T. 210 ; 1 M. L. C. 152 2 Park, Ins. 639 . . '. 580 591 341, 350 422 296, 327 569, 571 238, 265, 267, 442, 449, 464 286 345 197, 204 361 393 662 313 195, 197 563, 664 562, 563, 564 687 649, 685 Add 167 291 enda, 308, 333, 345 19 701, 712 180, 182 122 168, 315 158, 315 69,, 516 183, 211 INDEX TO OASES, y/je rtferences in the third column are to the sections qfthe book. liii N^ViME OP CASE. Harriot, The . Harris v. Anderson . Harris v. Best . Harris v. Carter Harris o. Pranconia, (Owners of The) Harris v, Jacobs Harris v. Watson Harrison v. Bank of Aus- tralasia Harrison v. Douglas Harrison v. Garthorne Harrison v. Jackson . Harrower v. Hutchinson . Hartfort v. Jones Hartley v. Buggin . Hartley v. Ponsonby Harton, The . Harvey, The Hathesing v. Laing . Havelock v. Geddes , Havelock v. Hancill Haven v. Holland Hawkes v. Dunn Hawkins v. Twizell . Hayman v. Molten Hayn v. Oulliford Hayton v. Irwin Heart of Oak, The . Hebe, The (Bottomry) . Hebe, The (OoUision) Hebe, The (Pilot as Salvor) Hebe, The (Salvage- Derelict) Hebe, The (Salvage- Valuation) Hebe, The, and The Sin- gapore Hector, The (Collision) . Hector, The (Salvage) 1 W. Rob. 489 . 14 C. B. N. S. 499 . 68 L. T. 76 . 3 E. & B. 559 ; -23 L. J. Q. B. 295 2C. L. E. 1682; 18 Jur.1014 2 W. E. 409 . 2 0. P. D. 173; 46 L.J. 0. P. 368 637 708 635 160, 254 501 16 Q. B. D. 247; 64 L. J. Q. B. 492; 64L. T. 61; 5 Asp. 530. 1 Peake, 72 .... L. E. 7 Ex. 39 ; 41 L. J. Ex. 36; 26L. T. 944; 20W. E. 385; 1 Asp. 198 3A. & E. 896; 6]Sr. & M. 180; 1 H. & W. 380 26 L. T. 508; 20 W. R. 722; 1 Asp. 308 7 T. E. 207 L. E. 4 Q, B. 628; 5 Q. B. 584; 89 L.J. Q. B. 229; 22 L. T. 684; lOB.&S. 469; 8M.L.C. 484 1 Ld. Eaym. 893 ... 2 Park, Ins. 652 ; 8 Douglas, 89 7E.&B.872; 26L. J.Q.B.322; 3 Jur. N. S. 746;29L.T.O.S. 195; 5 W. R. 659 . 9 P. D. 44; 63 L. J. Ad. 25; 50 L. T. 370; 82 W. E. 697; 6 Asp. 213 ... . 2 Hagg. 79 L. E. 17 Eq. 92 ; 43 L. J. Oh. 283 ; 29L. T.734j 2 Asp. 170 10 East, 655 3 T. R. 277 2 Mason, 230 ... . 1 Or. & J. 619 . 5 E. & B. 883 ; 25 L. J. Q. B. 160; 2 Jur. N. S. 302 ; 4 W. R. 242 SEsp. 66 3 0. P. D. 410; 4 0. P. D. 182; 48 L. J. 0. P. 372 ; 40 L. T. 636 ; 27 W. R. 541 ; 4 Asp. 48, 128 152, 158, 300 468 295 106 5 0. P. D. 130; 41 L. T. 28W. R. 666; 4 Asp. 212 1 W. Rob. 204 . 2 W. Rob. 146 . 2 W. Rob. 580 . 2 W. Rob. 246 . 4 P. D. 217 . 7 Notes of Oases, supp., i. {See The Singapore, &c.) 8 P. D. 218 ; 52 L. J. Ad. 47, 61 ; 48 L. T. 890; 81 W. R. 881; 6 Asp. 101 . . . .645 3 Hagg. 90 720 147 88, 402 194 747 179, 180, 204 601, 506 656 472 330 91, 275, 231 219, 257 202 372 60,79 413, 416 147, 250, 256, 356, 363, 367 159 427, 428, 481 421 662 676, 713 701, 781 723, 725 liv INDEX TO CASES. Tlte references in the third column are to tJie sections of the book. NAME OF CASE. KEPORTS. SECTION. Hedges v. Hooker . 60L. T. 822; 37 W. R. 491; 53 J. P. 613; 6 Asp. 386 . 595, 599 Hedley v. Pintney S. S. [1892]1Q.B. 58; 61 L. J. Q. B. Co. 179;66L.T.71;40W.R.113; 56 J. P. 308; 7 Asp. 135 96, 98, 467, 529 Hedwig, The . 1 Sp. 19 576, 700, 713 Heinekey v. Barle . 8 E. & B. 410 ; 28 L. J. Q. B. 79 ; 31L.T. 0.8.357; 4Jur.N.S. 848; 6W. R. 687 . 385 Heinrich, The (Cargo) L. R. 3 Ad. 424; 24 L. T. 914; 1 Asp. 79 366 Heinrich, The (Lien) L. R. 3Ad. 605; 41 L.J. Ad. 68; Heinrich Bjorn, The Helen and George, The Helena, The Helene, The . Helgoland, The Helvetia, The . . Hemisphere Borealis, The Henderson v. The Comp- toir d'Bscompte de Paris Henry, The Henry v, Newcastle Tri- nity House Boa.rd Hercules, The . Hermanc.Roy. Bx.,&c.,Co. Hero, The Hersey, The Herzogin Marie, The Heselton v. AUnutt Hewison v. G-uthrie Heyman v. Parish Hibbert v. Garter Hibbert v. Halliday Hibbert v. Martin Hibbert v. Martin Hibbert v. Pigou Hibbs V. Ross . Hibernia, The (Collision — Regulations) Hibernia, The (Inevitable accident) Hibernian, The Hick V. Raymond 26L. T. 372; 20W. R. 769; 1 Asp. 260 10 P. D. 44; 11 Ap. Ca. 270; 55L. J. Ad.80; 56 L. T. 66; 33 W. R. 719; 6Asp. 1 . Swab. 368 .... 4 C. Rob. 3 L. R. 1 P. C. 231 ; B. & L. 415, 429; 4 Moo. P. 0. N. S. 70; 35L. J.P.0.63; 14L.T.873; 16W. R. 202; 2 M. L. 0. 390 Swab. 491 (Unreported) .... 6 Irish Jur. N. S. 180 L. R. 5P.0. 253; 42L. J. P. 0. 60;29L.T.192 21W.R.873; 2 Asp. 98 15 Jur. 183 . . . . BE. &B. 723; 27L. J.M. C.57; 30L.T.O.S. 266; 4 Jur.N. S. 686; 6 W. R. 232 . 2Dods. 363 . . . . 1 C. & E. 413 . 2 Dods. 139 . . 3 Hagg. 404; 3 Moo. P. C. 79 . Lush. 292; 5L.T.88; IM.L.C. 144 1 M. &'S. 46 2 Ring. N. 0. 755 2 Camp. 149 1 T. R. 745 . 2 Taunt. 428 1 Camp. 538 1 Park, Ins. 473 2 Park, Ins. 694 L. R. 1 Q. B. 534; 35L.J. Q. B. 193; 15L.T.67; 12 Jur. K S. 812; 14W. R. 914; 2M.L.C. 397 31 L. T. 805'; 24 W. R. 60 ." 4 Jur. N. S. 1244 L. R. 4 P. C. 511 ; 42 L. J. Ad. 8 ; 27 L. T. 726; 21 W. R. 276; 1 Asp. 491 ; 9 Moo. P. 0. N. S. 340 {See Hick v. Rodocanaohi) 81 74, 81, 403, 422, 424 462, 510 732, 734 415 236, 266, 357 430, 437, 443, 455 Addenda, 698 79 339, 340, 346 734 568 637 356 418, 421, 423, 426, 433 463 429, 433, 436, 442 69 182, 199 311 144, 219 349 203 219 97 172 409, 410 666 668, 636, 636 569 INDEX TO CASES. W The reference in the third column are to the section s of the book. NAME OF CASE, Hick V. Eodocanaohi Hick V. Tweedy Hickie v. Hodocanachi Hicks V. Shield Higgins V. Senior Highgate, The . Highland Chief, The Hill V. Idle Hill V. Wilson . Hillyard v. Mount Hilstrom v. Gibson Himalaya, H.M.S. Hingston v. Wendt Hobbs V. Hannam Hobbs V. Henning Hochung, The, and The Lapwing Hodgson V. Loy Hogarth v. Miller Hogg V. Horner Hoghton, The . Hollingworth v. Brodrick Hollingworth v. Palmer . Hoist V. Pownall Honor, The Cargo ex Hook V. Moreton Hope, The (Collision) Hope, The (Liens) . Hope, The (Salvage — Transhipment) Hope, The (Salvor — Eemedy) Hopper V. Bumess . Homoastle v. JParran Hornet, The . Horneyer v. Lushington Horsley v. Price Horsley v. Eush [1891] 2 Q. B. 626; [1893] A. C. 22; 62L. J. Q. B.98; 68 L. T. 175; 41 W. E. 384; 66 J. P. 64; 7 Asp. 233 63L. T. 765; 6 Asp. 599 . 4 H. & N. 456 ; 28 L. J. Ex. 273 ; 33L. T. O.S.150; 5Jur.]Sr. S. 650;7W. E. 545 . 7E. &B.633; 26L.J.Q.B.205; 3 Jur. N. S. 715 ; 29L.T.O.S. 106; 5 W. E. 636 . 8M. &W. 834 . 62L. T. 841; 6 Asp. 612 . [1892] P. 76; 61 L. J. Ad. 51; 66 L. T. 468; 40 W. E. 416; 7 Asp. 176 ... . 4 Camp. 327 ... . 4 C. P. D. 329 ; 48 L. J. C. P. 764; 41L. T. 412; 4 Asp. 198 3C. &P. 93 8 Sess. Ca. (3rd ser.) 463 . Sw.515 1 Q. B. D. 367; 46 L. J. Q. B. 440; 34 L. T. 181; 24 "W. E. 664; 3 Asp. 126 3 Camp. 93 17 C. B. N. S. 791 , 34 L. J. C. P. 117; 12 L. T. 206; 13 W. E. 431 ; 11 Jur. N. S. 223 ; 2 Asp. 183 7Ap. Ca.612; 51L. J.P.C.92; 47 L. T. 485; 31 W. E. 303; 6 Asp. 39 . . . . 7 T. E. 440 [1891]A. 0. 48; 60L. J. Ad. 1; 64L. T. 206; 7Asp. 1 . 2 Park, Ins. 626 . 3 Hagg. 100 .... 7 A. & E. 40; 2 K & P. 608; IJnr. 430 . . . . 4 Ex. 267 ; 18 L. J. Ex. 409 1 Bsp. 240 {8ee The Cargo ex Honor) ILd. Eaym. 397 IW. Eob. 154 . . . . 28 L. T. 287 ; 1 Asp. 563 . 3 Hagg. 423 . . . , 3 C. Eob. 215 ... . IC. P. D. 137; 46 L. J. C. P. 377; 34 L. T. 528; 24 W. E. 612; 3 Asp. 149 . 3 B. & Aid. 497 ; 2 Stark 590 . [1892] P. 361 ; 68 L. T. 236 15 East, 46 11 Q. B. D. 244 ; 62 L. J. Q. B. 603 ; 49 L. T. 101; 31 W. E. 786; 5 Asp. 106 . . . . 7 T. E. 209 (cited) . 150, 157, 162, 298, 308, 324 158 768 276 314 674, 679, 680 474, 487 162, 166 239, 283, 286 497, 604 161 737 156, 294, 297, 309 221 117 645, 656 371, 375 97, 178, 276, 281 195 465, 472, 474 103 516 386 614 641 80, 81, 82, 461, 510 701, 703, 737 747 262, 272, 283. 311 681 117, 120 160 88. 402 285, ;!27 Ivi INDEX TO OASES. The rtferences in the third column are to the sections of the boolc. NAM£ OF CASE. Hoskins r. Slayton . Houston V. Sansinena Houthandel, The Hovill V. Stevenson . How V. Kirohner Howard v. Shepherd Howard v. Tucker . Hubbersty v. Ward . Hucks V. Thornton . Hudson V. Bilton Hudson V. Bde , Hudson V. Hill . Hughes, Ex pa/rte, re Gur- ney Hughes V. Sutherland Hughes, V. Union Co. Hulle V. Heightman . Humble v. Hunter . Hunter v. Fry . Hunter v. Leathley . Hunter v. Northern, &e., Ins. Co. Hunter v. Parker Hunter v. Prinsep . Huntley, The _ . _ . Hussey v. Christie . Hutchings v. Nunes Hutchinson v. Guion Huth V. Lamport Hutton V. Bragg Hyde v. Trent Nav. Co. Hyde v. Willis . Cas. temp. Hard. 376 (See Sansinena v. Houston) I Sp. 26 4C. &P. 469 . II Moo. P. 0. 21 9C. B. 297; 19 L. J. C. P. 249 . IB. & Ad. 712 . . . . 8 Ex. 330; 22 L. J. Ex. 113 Holt, N. P. 30 . 6E. c&B. 566; 26L. J.Q.B.27; 27L.T.O.S.164;2 Jur. N. S. 784 L. R. 2 Q. B. 666; 3 Q. B. 412; 37 L. J. Q. B. 166; 18 L. T. 764; 16 W. E. 940; 8 B. & S. 640; 3M. L. C. 114 43 L. J. 0. P. 273 ; 30 L. T. 555 ; 2 Asp. 278 . . . . 67L. T. 698 . . . . 7Q. B. D. 160; 60 L. J. Q. 667; 45 L. T. 287; 29 W. 867; 4 Asp. 469 3 Wheat. 159 . 2 East, 146 . 12Q. B. 310; 17 L.J. Q. B, 2 B. & Aid. 421 lOB. &C. 858; 7 Bing. 617; 1 Tyr. 366 13 Ap. Ca. 717 5M. &. 1 Or. & 7 M. & W. 322 . 10 East, 378 Lush. 24 . . . 9 East, 426 . IMoo. P. C. KS. 243; 9 126; 10 Jur. N. S. 109 5 C.B.N. S. 149; 28 L.J, 63 ; 4 Jur. N. S. 1149 16Q.B.D.442,736;65L.J. 239; 34 W. R. 386; 54 334,663; 6 Asp. 593 7 Taunt. 14 5 T. R. 389 . 3 Camp. 202 350 467;" 423; L. T. c. p! Q.b'. L. T. 86,88 728, 744, 745 256 290, 291 324, 339, 360 303, 334 332, 402 219, 220 278 167, 168, 169 147 390 473 199 496 314 267, 280 196 278 412 283, 286, 415 428 373 256, 268 294, 297, 312 301 324 333, 402 I. C. Potter, The Ida, The (Bill of Lading) . Ida, The (Board of Trade Enquiry) Ida, The (Bottomry) Ida, The, and The Wasa . L.R.3Ad.292; 40L. J.Ad.9; 23L. T, 603; 19W.R.335; 3 M.L. C. 606 . . . . 714 32L. T. 641; 2Asp. 651 . 337 11 P. D. 37 ; 55 L. J. Ad. 16 ; 54 L. T. 497; 34 W. E. 628; 6 Asp. 63 56 L. R. 3 Ad. 642 ; 41 L. J. Ad. 85 ; 27 L. T. 457; 21 W. R. 39; 1 Asp. 443 . . . . 434, 436 16L. T. 103; 2M. L. C. 414 . 680, 681 INDEX TO CASES. Ivii The rtferenoes in the third column are to tlie sections of tlie booh. NAJIE OF CASE. KEFOBTS, Idle u.Eoyal Exoh.,&o., Co. Imbro, The Inimacolata Oonoezione Immaganda, The Imperial Bank v. London, &c. Dock Co. Imperial, &c., Danubian S. N. Co. V. Greek, &e., S. N. Co. Imrie v. Castrique Inca, The .... India, The Indian, The, and The Jessie Indiana, The . Indomitable, The Indus, The Industrie, The (Cargo — Foreign Ship) Industrie, The (Collision) . Industry, The Inflexible, The Inglis V. Stock Ingiis V. Vaux Inman u. Beck Iodine, The lona. The . Ireland v. Livingstone Ireland v. Thompson Isabella, The . Isabella Jacobina, The Isca, The . Ismay v. Blake . Itinerant, The . 261, 412 8 Taunt. 755 ... . 14 P. D. 73 ; 58 L. J. Ad. 49 ; 60 L. T. 936 ; 37 "W. E. 559 ; 6 Asp. 392 668 9 P. D."37; 63 L. J. Ad. 19; 50 L. T. 539 ; 32 W. E. 705 ; 6 Asp. 208 64,81,510,612 8Moo. P. C. 75 . . . .645 5Ch. D. 195; 46 L. J. Ch. 335; 36L. T. 233 . . . .372 ((See The Smyrna) {See Castrique v. Imrie) Sw. 370; 12 Moo. P. C. 189 IW. Eob. 406 . . . . 12L. T. 586; 2M. L. C. 217 . 1 Abb. (Amer.) 330; 1 Pritch. (3rd ed.)219 Sw. 446 12 P. D. 46; 56 L. J. Ad. 88 ; 56 L. T. 376 ; 35 W. E. 490 ; 6 Asp. 105 [1894] P. 58 ; 42 W. E. 280 L. E. 3 Ad. 303 ; 40 L. J. Ad. 26 ; 24 L. T. 446; 19 W. E. 728; 1 Asp. 17 .... 3Hagg. 203 Sw. 200 . ._ . . . (See Stock v. Inglis) 3 Camp. 437 , . (See The City of Antwerp) 3 N. of C. 140 . . . . L.E.I P.O. 426; 4 Moo. K S. 336;16L.T.158;2M.L.C.479 L. E. 6H. L. 395; 41 L. J. Q. B. 201 ; 27 L. T. 79 ; 1 Asp. 389 . 4C. B. 149; 17L. J. C. P. 241 . SHagg. 427 . . . . 4 C. Eob. 77 ... . 12 P. D. 34; 56 L. J. Ad. 47 ; 55 L. T. 779; 35 W. E. 382; 6 Asp. 63 66L.T.531; 56 J. P. 486; 7 Asp. 189 2 W. Eob. 236 . 720, 731 695, 696, 697, 719 681 630 424 673 629 464,'Addenda, 239, 369 631, 637 676, 720 653 200 709 667, 673, 681 371 413, 414 715 287 634 91, App. No. 2 635 Jack Park, The Jackson v. Isaacs Jackson v. Nichol . Jackson v. Union Mar. Ins. Co. Jacob, The Jaederen, The . 4 C. Eob. 308 . 3 H. & N. 405 ; 27 L. J. Ex. 392 6 Bing. N. C. 608; 7 Soott, 677 L. E. 8 C.P. 672; 10 0. P. 125; 44L. J.C.P.27;31L.T. 789; 23W. E. 169; 2 Asp. 435 . 4C. Eob. 245 . . . . [1892] P. 351 ; 61 L. J, Ad. 89 ; 68L.T. 266 . . . . 509, 523 277 381, 384, 385, 386, 392 144, 146, 148 444 150. 164 Iviii INDEX TO CASES. Tlie references in the third column are to the sections of the book. NAME OF CASE. James v. East India Co. James v. Griffin James Armstrong, The James Seddon, The . Jamieson v. Laurie . Jane, The (Bottomry) Jane, The (Salvage) . Jane and MatUda, The Jane Bacon, The Janet Mitchell, The . Janet Wilson, The . Jarratt v. Ward J. 0. Potter, The . Jeffrey v. Legendar . Jenkyns v. TJsborue . Jennie S. Barker, The Jenny Lind, The Jesmond, The . Jessel V. Bath . Jessie, The Jesson V. Solly . Jeune Paul, The Job V. Langton Johannes, The . John, The (Bottomry) John, The (Salvage) John and Mary, The John and Thomas, The John Bellamy, The . John Dunn, The John Fenwick, The . John Mclntyre, The Johns V. Simons Johnson v. Black Johnson v. Chapman Johnson v. Greaves . Johnson v. Shippen . Johnston v. Benson . Jolly V. Walker Jo nathan Goodhue, The (Bottomry — Cargo) Abbott 13th ed. 553 . IM. &W. 20; 2M. &W. 623 . L. R. 4 Ad. 380; 33 L. T. 390; 3 Asp. 46 L. R. 1 Ad. 62 ; 35 L. J. Ad. 119 ; 15L. T. 636;14W.R. 973;12 Jur. N". S. 609; 2M.L. 0.443 6 Bro. P. 0. 474 . IDods. 461 . . . . 2 Hagg. 338 .... 1 Hagg. 187 .... 27W. R. 35 Sw. Ill Sw. 261 . . . . 1 Camp. 263 ... . (See The I. 0. Potter) Garth. 216; 3 Lev. 320 7 M. & G. 678 ; 8 Scott N. R. 505 ; 13 L. J. 0. P. 196 . L. R. 4 Ad. 456 ; 44 L. J. Ad. 20 ; 33 L. T. 318 ; 3 Asp. 42 . L. R. 3 Ad. 529 ; 41 L. J. Ad. 63 ; 26L. T. 591;20W.R. 895; 1 Asp. 294 L. R.4P. C. 1; 8 Moo. P. 0. N. S. 179; 25 L. T. 514; 1 Asp. 150 L. R. 2 Ex. 267 ; 36 L. J. Ex. 149 ; 15 W. R. 1041 . . . (jS^ee The Indian and The Jessie) 4 Taunt. 52 .... L. R. 1 Ad. 336 ; 36 L. J. Ad. 11 ; 16L.T. 125; 15 W. R. 776; 2 M. L. C. 478 . . . . 6E. &B. 779; 26 L. J. Q.B. 97; 3 Jur. N. S. 109 . Lush. 182; 80 L. J. Ad. 93; 3 L. T. 757; IM. L. 0. 24 3 W. Rob. 170 . 2 Pritch. Ad. Dig. 3rd ed. 1890 . Sw. 471 1 Hagg. 157 n L. R. 3 Ad. 129 ; 39 L. J. Ad. 28 ; 22 L. T. 244; 3M. L. C. 360. 1 W. Rob. 159 . L. R. 3 Ad. 500 ; 41 L. J. Ad. 38 ; 26 L. T. 322 ; 1 Asp. 249 9 P. D. 135; 53 L.J. Ad. 114; 51L.T. 185; 33 W. R. 190; 5 Asp. 278 2 Q. B. 425 (See The Two Ellens) 19 C. B. N. S. 563 ; 35 L. J. C. P. 23; 15L.T. 70;2M.L.O.404 2 Taunt. 344 ... . 2 Ld. Raym. 982 ; 1 Salk. 35 . 1 B. & B. 454 ; 4 J. B. Moore, 90 2 Park, Ins. 630 .... Sw. 365 280 378, 381, 383, 384, 385, 386, 387, 389, 391 724, 741 /0( ■! 170 tuo 406, 420, 423, 443 704, 728 472, 514 634 701, 703 461 201, 203 173 371, 395, 398 658, 674 81,86 675 329, 334, 335, 336, 337 156, 315, 344 749 296 691 741 513, 627, 628 746 349 640 681 675 404, 407, 408 251 448 422, 430, 458 359 201, 202 448 INDEX TO CASES. lix The r^erences in the third column are to the sections of the book. m\ME OF CtiSE. Jonathan Goodhue, The ("Wages — Bottomry) Jones V. Adamson . Jones V. Hough Jones V. Jones . Jones Brothers, The Jonet, The Jonge Andries, The . Jonge Bastiaan, The Joseph Dexter, The . Joseph Harvey, The Josephine, The . Joyce V. Williamson Jubilee, The (Salvage' Derelict) Jubilee, The (Salvage- Towage) Julia, The . Juliana, The Juliet Brskine, The Julinder, The . Juno, The (Freight) Juno, The (Pilotage) Sw. 524 1 Ex. D. 60; 45 L. J. Ex. 64; 35 L. T. 287; 3 Asp. 253 . 5 Ex. D. 115; 49 L.J. Ex. 211; 42L. T. 108; 4Asp. 248 8M. &W. 431 . 46 L. J. Ad. 75; 37 L. T. 164; 3 Asp. 478 (See Le Jonet) Sw. 226, 303 ; 11 Moo. P. 0. 313 5 0. Eob. 322 ... . 20L. T. 820; 3M.L. 0.248 . 1 C. Eob. 306 ... . Sw. 152; 2 Jur. N. S. 1148 3 Doug. 164 . . . . 3Hagg. 43n Jupiter, The Justitia, The I— 42L. T. 594; 4 Asp. 275 . Lush. 224; 14 Moo. P. 0. 210 2 Dods. 509 6 N. of 0. 633 . 1 Sp. 71 . 2 0. Eob. 124 . 1 P. D. 135; 45 L. J. Ad. 105 ; 34 L. T. 741 ; 24 W. E. 902 ; 3 Asp. 217 2 Hagg. 221 .... 12 P. D. 145; 56 L. J. Ad. Ill; 57L. T. 816; 6 Asp. 198 SECTION. 69, 82, 458, 461 165, 166 330, 331, 338 393, 394, 396 749 576, 713, 732, 734 696, 719, 731, 739, 7-t2 61 576, 713 73, 524 454, 457 731 693, 715 667, 568, 634, 635, 714 503 635 79 287 562 506 480, 499, 524 Kamak, The Kate B. Jones, The Kathleen, The . Kay V. Field . Kay V. Wheeler Kearon v. Pearson Keith V. Burrows Kell V. Anderson Kemp V. Falk . L. E. 2Ad. 289; 2P. 0.505; 38 L.J. Ad. 57; 21L. T. 159; 17 W. E. 1028; 6 Moo. P. O.N. S.136; 3M.L. 0.276 . [1892] P. 366; 69 L. T. 197 L. E. 4 Ad. 269 ; 43 L. J. Ad. 39 ; 31L. T. 204; 23 W. E. 350; 2 Asp. 367 8 Q. B. D. 594; 10 Q. B. D. 241; 52L. J. Q. B.17;47L.T.423; 31 W. E. 332 ; 4 Asp. 588 L. E. 2 0. P. 302 ; 36 L. J. 0. P. 180; 16 L. T. 66; 15 W. E. 495; 2M.L. 0.465 7 H. & K 386 ; 31 L. J. Ex. 1 ; 10 W. E. 12 10. P. D. 722; 2 0. P. D. 163; 2 Ap. Oa. 636 ; 46 L. J. 0. P. 801 ; 37 L. T. 291 ; 25 W. E. 831 ; 3 Asp. 481 .. . 10 M. & W. 498 ; 12 L. J. Ex. 101 7Ap.Ca.673(AfEg.l40h.D.446); 52L.J.Ch.l67; 47 L. T. 457; 31 W. E. 128 ; 5 Asp. 1 . 238,426,429,432,433, 434, 435, 439, 444 445, 449, 450, 464 712, 720 272, 719 169 360 164, 166 290, 302, 344 158 383, 395, 399 Ix INDEX TO CASES. The r^erences in the third column are to the sections of the book. NAME OP CASE. Kemp V. Halliday Kendal v. Marshall . Kenmure Castle, The Kennedy v. Cowie . Kennersley Castle, The Kepler, The , . Kerford v. Mondel . Kern v. Deslandes . Kestrel, The . Kestrel, The, and Frankland Kewley v. Ryan Khedive, The . The Kidston v. Empire Ins. Co. Killarney, The (Pilotage — Certificate) Killarney, The (Pilotage — Exemption) Killeena, The . King, The, v. Benson King, The, v. Miller King, The, v. Property Derelict King V. Franklin King V. Glover . King V. Hinde . Kingalook, The King Oscar, The Kingston v. Phelps . Kingston-by-Sea, The Kinlooh v. Craig Kirby Hall, The Kirby v. Owners of The Scindia Kirchner v. Venus . Kish V. Cory . Kjobenhavn, The Kleinwort v. Cassa Marit- tima of Genoa 656, 675, 680 6B.&S.723; L.E.I Q.B.520; 35 L. J. Q. B. 156; 14 L. T. 762; 12 Jur. N. S. 582; 14 W. R. 697 ; 2 M. L. C. 271, 370 295 11 Q. B. D. 356; 52 L. J. Q. B. 313; 48L. T. 951; 31 "W. R. 597 389, 390, 391 7 P. D. 47; 47 L. T. 661 ; 30 W. R. 708; 5 Asp. 27 . . . 701,704 [1891] 1 Q. B. 771 ; 60 L. J. M. C. 170 ; 64 L. T. 598; 39 W. E. 686 546 3 Hagg. 1 18, 420, 422, 426 2P. D. 40n 681 28 L. J. Ex. 303 ... 312 10 0. B. N. S. 205 ; 30 L. J. C. P. 297 302,303,304 6 P. D. 182 ; 45 L. T. Ill ; 30 W. R. 182 ; 4 Asp. 433 . . 54, 58 (See The Frankland, &c.) 2H. Bl. 343 . . . .182 5 Ap. Ca. 876 ; 52 L. J. Ad. 1 ; 43 L. T. 610; 29 W. R. 173; 4 Asp. 360 L. R. 1 C. P. 535 ; 2 0. P. 357 ; 36 L. J. C. P. 156 ; 16 L. T. 119; 15 W. R. 769;2M.L.C. 468 239, 758 Lush. 202; 30 L. J. Ad. 41; 5 L. T. 21 ; 1 M. L. 0. 121 . 33, 670 Lush. 427; 6 L. T. 908; 1 M. L. C. 238 .... 563 6 P. D. 193 ; 51 L. J. Ad. 11 ; 45 L. T. 621 ; 30 W. R. 339 ; 4 Asp. 472. 3 Hagg. 96 . 1 Hagg. 197 1 Hagg. 383 1 F. & F. 360 . 2 B. & P. N. R. 206 12L. R. Ir. 113 . 1 Sp. 263 . 6 N. of C. 284 . 7 T. R. 165 (cited) 3 W. Rob. 152 . 3 T. R. 119, 783 . 8 P. D. 71 ; 52 L. J. Ad. 31 ; 48 L. T. 797; 31 W. R. 658; 5 Asp. 90 . . . (See The Scindia — Salvage, ' Award) 12 Moo. P. C. 361 ; 5 Jur. N. S. 395 ; 7 W. R. 455 . L. R. 10 Q. B. 553 ; 44L. J. Q. B. 205; 32 L. T. 670; 23 W. R. 880; 2 Asp. 593 . SOL. T. 136; 2 Asp. 213 . 2 Ap. Ca. 156; 36 L. T. 118 ; 25 W. R. 608 ; 3 Asp. 358 . 696, 737, 739 116 116 701 541, 685 60 165 715, 729, 734 576, 713 182 649, 681 370, 375, 398 670, 676 269, 276, 290, 291 300, 308 636, 681 439, 449 INDEX TO CASES. Ixi 37(6 ri NAME OP CASE. Knight V. Cambridge Knight V. Faith KnUl V. Hooper Kong Magnus, The . KopitofE V. Wilson . in the third column are to the sections of the boo!;, UEPOKTS. SECTION. 1 Str. 581 ; 2 Ld. Eaym. 1349 : 8 Mod. 230 . . . . 15Q. B. 649;19L. J. Q. B. 509; 14Jur. 1114 . . . . 2 H. & N. 277 ; 26 L. J. Ex. 377 [1891] P. 223; 66 L. T. 231; 7 Asp. 64 1 Q. B. D. 377 ; 45 L. J. Q. B. 436 ; 34 L. T. 677 ; 24 W. E. 706 ; 3 Asp. 163 . 219 412, 414 97 638 90, 279 Lack V. Seward Lady Campbell, The Lady Downshire, The Lady Durham, The . Lady Egidia, The . Lady Katherine Barham, The Lady Worsley, The . Laertes, The Cargo ex Laing v. Glover Laing v. HoUway Laing v. Zeden Lake St. Clair, The, and The Underwriter Lamb v. Burnett Lambert v. Liddard . Lancashire, The (No. 1) . Lancashire, The (No. 2) . Lancaster, The Lancaster Canal Co. v. Pamaby Lane v. Cotton . Lang V. Anderdon . Langhom v. AUnutt Lapwing, The . Larnax, The Laroche v. Oswin Laurel, The (No. 1) . Laurel, The (No. 2) . Lavabre v. Wilson . Laveroni v. Drury . Law V. HollingBworth Lawrence v. Aberdein Lawrence v. Sydebotham Lawson v. Burness . La Ysabel L. 4C. &P. 106 . 2Hagg. 5 4 P. D. 26 ; 48 L. J. Ad. 41 ; 39 L. T. 236 ; 27 W. E. 648 ; 4 Asp. 25 . . . . SHagg. 196 . . . . Lush. 513 Lush. 404; 6 L. T. 693; 1 M. L. C. 184 . 2 Sp. 253 (See The Cargo ex Laertes) 6 Taunt. 49 .... 3 Q. B. D. 437; 47 L. J. Q. B. 512 ; 26 W. E. 769 . (See Hathesing v. Laing) (See Wilson v. Canada Shipping Co.) I Cr. & J. 291 ; 1 Tyr. 265 5 Taunt. 480 ; 1 Marsh. 149 L. E.4 Ad. 198; 29 L. T. 927; 2 Asp. 202 . . . . [1893] P. 47 ; [1894] A. C. 1 ; 69 L. T. 663 ; Eep. below 62 L. J. Ad. 34 ; 41 W. E. 327 . 8 P. D. 65 ; 9 P. D. 14 ; 49 L. T. 705 ; 36 W. E. 608 ; 5 Asp. 174 (See Parnaby v. Lancaster Canal Co.) 12 Mod. 472 3 B. & 0. 495 ; 5 D. & E. 393 IC. &P. 171 . 4 Taunt. 611 (See The Hoohang and The Lap wing) (See The C. M. Palmer) 12 East, 131 .... B. & L. 191; 33 L.J. Ad. 17; 9 L. T. 457; 1 M. L. C. 405 II Jur. N. S. 46; 13 W. E. 352 . 1 Doug. 284 .... 8 Ex. 166 ; 22 L. J. Ex. 2 ; 16 Jur. 1024 7 T. E. 160 2 B. & A. 107 . 6 East, 45 ; 2 Smith, 214 . IH. &C. 396; low. E. 733 . 1 Dods. 273 .... 635 505 656 503, 510, 511 714 752 701, 743, 744, 747 173 152, 155 542 194, 196 670 670, 675 720 89 137, 139 195, 197 198 433 428 183, 195, 209 236, 360 103, 5.50, 560, 561 361 203 165 437, 449 Ixii INDEX TO CASES. The references in the third column are to the sections of the book. NAME OF CASE. Leander, The . Leary v. Lloyd . Leask v. Scott . Leathley v. Hunter . Le Cheminant v. Allnutt Leda, The Lednc v. Ward Lee, The . Lee V. Beach Leeds v. Wright Leer v. Yates . Legatus, The . Leidemann v. Schultz Le Jonet . Lemington, The Leo, The . Leon, The Leon XIIL, The Lepanto, The (Liens) Lepanto, The (Salvage) Leptir, The L'Esperance Letchford v. Oldham Lethulier's Case Leuw V. Dudgeon Leverington, The Lewin v. Swasso Lewis V. Gray . Lewis V. McKee Lickbarrow v. Mason Liddard v. Lopes Lidgett V. Perrin HEPOKTS. SECTION. Edwards 35 .... 504 3 E. &E. 178 ; 29 L. J. M. C. 194; 6 Jur. N. S. 1246 ... 546 2 Q. B. D. 376 ; 46 L. J. Q. B. 576; 36 L. T. 784; 25 W. E. 664; 3 Asp. 469 . . .396 {See Hunter «. Leathley) 4 Taunt. 367 . . . .120 Sw. 40 689 20 Q. B. D. 475 ; 57 L. J. Q. B. 379 ; 58 L. T. 908 ; 36 W. E. 537 ; 6 Asp. 290 .. . 177, 195, 357 60 L. T. 939 ; 6 Asp. 395 . . 735 1 Park, Ins. 468 . . . .94 3 B. & P. 320; 4 Esp. 243 . . 388, 391 3 Taunt. 387 . . . .166 Sw. 168 651 14 C. B.38; 28 L. J. C. P. 17; 2 0. L. E. 87; 18 Jur. 42 . 165 L. E. 3 Ad. 556; 27 L. T. 387; 41L. J. Ad. 95; 21 W. E. 83; 1 Asp. 438 ... . 706, 723 32L. T. 39; 2 Asp. 475 . . 640 Lush. 444; 31 L. J. Ad. 78; 6 L. T. 58 ; 1 M. L. 0. 200 . 639 6 P. D. 148; 50 L. J. Ad. 59 ; 44 L. T. 613; 29 W. E. 916; 4 Asp. 404 637, 643 8 P. D. 121 ; 52 L. J. Ad. 58 ; 48 L. T. 770; 31 W. E. 882; 5 Asp. 73 69 (Unreported) . . . .81 [1892J P. 122; 66 L. T. 623; 7 Asp. 192 697, 698 52L. T. 768; 5Asp. 411 . . 272,284 1 Dods. 46 731 5 Q. B. D. 538; 49 L. J. Q. B. 458; 28 W. E. 789 . . . . 361 2 Salk, 443 173 L. E. 3 0. P. 17 n. ; 37 L. J. 0. P. 5n.;17L.T.145;16W.E.80; 3 M. L. 0. 3 . . . . 236, 357 UP. D. 117; 55 L. J. Ad. 78; 55L. T. 386; 6Asp. 7 . . 673,678,679 Postle. Diet. 147 . . . . 216 1 C. P. D, 452 ; 45 L. J. 0. P. 720; 34 L. T. 421 ; 3 Asp. 136 . 529 L. E. 4 Ex. 58 ; 38 L. J. Ex. 62 ; 19 L. T. 522; 17 W. E. 325; 3 M. L. 0. 174 ... 352 2T.E. 63;5T. E. 683; 1 H. Bl. 357 ; 4 Bro. P. 0. 57 ; 6 East. 20 ; 1 Smith's L. C. (9th ed.) 737 Liffey, The Ligo, The . Lilly V. Ewer Lima, The 10 East, 526 U 0. B. N. 763 . 58 L. T. 351 ; 2 Hagg. 356 Doug. 72 . 3 Hagg. 346 S. 362; 2 F. & F. 6 Asp. 255 '. '. 321,339,347,370,371, 378, 396 269, 283 276 689, 701, 744, 754 646 173 505, 641 INDEX TO OASES. Ixiii The rtferences in the third column are to the sections of the bool:. NAME OF CASE. Limerick, The . Limland v. Stephens Linda, The Linda Flor, The Lindsay v. Gibbs Lion, The . Lishman v. Christie . Lister v. van Haansbergen Litt V. Cowley Little Joe, The . Liver Alkali Co. v. Johnson Liverpool, The . Livia, The Livietta, The (Derelict) . Livietta, The (Liens) Lizzie, The Lloyd V. Gen. Iron, &c., Co. Lloyd V. Guibert Lloyds, The (or The Sea Queen) Loohiel, The Lochlibo, The . Lockhart v. Palk Loekwoods, The Lockyer v. Offley Lohre v. Aitchison . London, The London, Mayor of, v. Hunt London Assoc, of Ship- owners V. London and India Docks L. & N. W. Ey. Co. V. Bartlett L. & S. W. Ey. Co. V. James London Merchant, The Longford, The . Longnewton, The Lord Cochrane, The . 1 P. D. 292, 411; 34 L. T. 708; 3 Asp. 206 3 Esp. 269 .. . Sw. 306; 4 Jur. N. S. 146 . Sw. 309; 4 Juv. N. S. 172 . 4 Jur. N. S. 779 . L. E. 2 Ad. 102 ; 2 P. C. 525 ; 38 L. J. Ad. 51 ; 21 L. T. 41 ; 17 W. E. 993 ; 3 M. L. 0. 266 . 19 Q. B. D. 333 ; 56 L. J. Q. B. 538; 57 L. T. 552; 35 W. E. 744; 6 Asp. 186 . 1 Q. B. D. 269 ; 45 L. J. Q. B. 495; 24 W. E. 395 ; 3 Asp. 145 7 Taunt. 169 ; 2 Marsh. 457 ; Holt 338 Lush. 88; 6 Jur.N. S. 783' L. E. 7Ex. 267; 9 Ex.338; 43 L.J. Ex.216; 31 L. T. 95; 2 Asp. 332 [1893] P. 154; 68L. T. 719 25 L. T. 887 ; 1 Asp. 204 . 8 P. D. 24; 5 Asp. 132 8 P. D. 209 ; 52 L. J. Ad. 81 ; 49 L. T. 411 ; 5 Asp. 151 . L. E. 2 Ad. 254; 19 L. T. 71; 3 M. L. C. 150 . 3 H. & C. 284; 33 L. J. Ex. 269 ; lOL. T. 586; 12 W.E. 882; 2 M. L. 0. 32 . 6B. &S. 100; L.E.I Q.B. 115; 35 L. J. Q. B. 74; 13 L. T. 602 ; 2 M. L. C. 283 B. & L. 359 ; 32 L. J. Ad. 197 ; 9 L. T. 236; IM. L. C. 391 2W. Eob. 34 . . . . 3 W. Eob. 310 ; 7 Moo. P. C. 427 L. E. 10 Ex. 132; 44 L. J. Ex. 105; 33 L. T. m-, 23 W. E. 753 ; 3 Asp. 8 . 9 Jur. 1017 . . . . 1 T. E. 252 . {See Aitchison v. Lohre) {See The City of Loudon— Colli- sion) {See Mayor of London v. Hunt) [1892] 3 Ch. 242; 67 L. T. 238 7 Asp. 195 7H. &]Sr. 400; 31 L.J. Ex. 92 10 W. E. 109 ; 5 L. T. 399 L. E. 8 Ch. 241 ; 42 L. J. Ch. 337 28L. T. 48; 21 W. E. 151 ; : Asp. 526 . 3Hag^. 394 6 P. D. 60; 50 L. J. Ad. 28 ; 44 L. T. 254; 29 W. E. 491; 4 Asp. 385. 59L. T. 260; 6 Asp. 302 . 2 W. Eob. 320 ; 8 Jur. 716 ; 3 N. of C. 172 . 78 465, 496, 506 629, 645, 649, 685 510, 513, 638 511 562, 564, 569 329, 334 300, 308 382, 383 700 236 714 573 731, 739 81, 510, 512 238. 449 236, 367 369, 464 564 435 567, 668, 572, 573, 635 161, 152, 300 695, 745 216, 219 227 386, 391 642 711, 742 674 729 421, 425, 428, 440, 447 Ixiv INDEX TO CASES. The references in the third cobtmn are to the sections of the hook. THAME OF CASE, Lord Hobart, The . Lotus, The Louisa, The (Recapture) . Louisa, The (Salvage — Apportionment) Louisa, The (Salvage — Award) Louisa, The (Salvage — Owners) Love Bird, The Lowther Castle, The Lucas v. Nockells . Luke V. Lyde . Lutwidge v. Grey Lyall V. Hicks . Lyon V. Mells . Lyons, The Lyons v. Hoffnung 2 Dods. 100 Holt, 181 . 1 Dods. 317 . 2 W. Eob. 22 3 W. Eob. 99 68, 514 685 286, 701, 709 736, 741 728, 736 B. &L. 59; 9 Jur. N. S. 676; 11 "W. R. 614 .... 6 P. D. 80; 44 L. T. 650; 4 Asp. 427 669,675 1 Hagg. 384 ... . 542 4 Bing. 729 ; 2 T. & J. 304 ; 1 M. & P 783 2Burr. 882;'l W. Bl.'l90 .' 2 Burr. 886 (cited) . 27 Beav. 616 . .• . . 5 East, 436 57 L. T. 818 ; 6 Asp. 199 . 15 Ap. Ca. 391 ; 59 L. J. P. 0. 79; 63 L. T. 293 ; 6 Asp. 551 . 378, 385, 390, 392 749 291 266, 272, 283 283 429, 438 90,92 510 M. Maasdam, The . Mao, The . McAndrew v. Adams McAndrew v. Chappie McDonald v. JopHng McEwan v. Smith . McGregor, Laird, The McKenzie v. Liddell . Mackenzie v. Pooley . Mackie v. Landon Mackill V. Wright . Mackintosh v. Mitcheson . Maclaren v. Compagnie J'ran9aise, &c. McLean v. Fleming . Macleod, The . McMasters v. Shoolbred . Madonna d'Idra, The Magdalen, The . 69L.T. 659 . . . , Addenda, 698, 701,717, 720 7P.D. 38, 126; 51L. J.Ad. 81; 46L.T. 907; SOW. E. 552; 4 Asp. 655 689, 749 lBing.N.C.29; 4M.&Scott,517 141, 144, 146 L. E. 1 C. P. 643 ; 35 L. J. C. P. 281; 12 Jur.N. S. 567; 2 M. L. C. 339 141, 144, 146 4M.&W.285 . 508 2 H. L. Cas. 309; 13 Jnr. 266 . 395 W. N. 1867, p. 308 . 733 10 Ct. of Sess.Ca.(4th Series), 706 141' llEx. 638; 26 L.J. Ex.124 . 411 6 Taunt. 266; 1 Marsh. 585 662 14 Ap. Ca. 106 . . : . 266, 257 4E3:. 175; 18 L.J. Ex.385 406 9 Ap. Ca. 640 .... 675 L.E. 2 H. L. So. 128; 25 L. T. 317; 1 Asp. 160 . 6P. D. 254; 50 L. J.Ad. 3; 29 W. E. 340 . . . . lEsp. 237 1 Dods. 37 31L. J.Ad. 22; 6 L. T. 807; 1 M. L. C. 189 . . . : Maggie Armstrong, The, 14 L. T. 340; 2 M. L. C. 318 . and The Blue Bell Magna Oharta, The . . 26 L. T. 512 ; 1 Asp. 163 . Magnet, The . . . L. E. 4 Ad. 417; 44 L. J. Ad. 1; 32 L. T. 129; 2 Asp. 478 Magnus v. Buttemer . 11 C. B. 876 ; 21 L. J. C. P. 119 ; 16Jur.480 . . . . 299, 300, 302, 307, 334 61 758 461, 510 696, 701, 719, 720, 744, 745 681 670 656 361 INDEX TO CASES. Tlte rtfermces in the third column are to the sectims of the book. NAME OF CASE. RKpnnTB Ixv Main, The Major V. White Maloolmson v. Baldock Maloomsoni;. G. S. N. Co. Mali Ivo, The . Malta, The Manfield v. Maitland Manning v. Gist Marco Polo, The Margaret, The (Collision, No. 1) Margaret, The (Collision, No. 2) Margaret, The (Salvage) . Margaret Mitchell, The . Margetson v. Glynn . Maria, The (Pilot) . Maria, The (Salvage) Maria Jane, The Maria Luisa, The Marianna, The . Marie, The Marie Joseph, The . Marina, The Mark Lane, The Marmion, The . Marpesia, The . Marpessa, The Marquis of Huntley, The Marsden v. Eeid Marshall v. Bolckow Marshall v. Moran . Martha, The (Freight) . Martha, The (Salvage) . Martin v. Delaware Co. . Martin Luther, The . Mary, The SECriON. Mary Ann, tomry) Mary Ann, No.l) 255, 266 637 465, 497, 504 276 172 67,78 645 708 413, 417 357 11 P. D. 132; 55 L. J. Ad. 70; 65 L. T. 15; 34 W.B. 678; 6 Asp. 37 . 7 C. & P. 41 (See The Earl of Auckland) {See The Eanger and The Cologne) L. E. 2 Ad. 356 ; 38 L. J. Ad. 34 ; 30 L. T. 681 ; 3 M. L. C. 244 . 2Hagg. 158 4B. &Ald. 682 . 3 Doug. 74 . 24L. T. 804; 1 Asp. 54 . 6P. D. 76; 60 L. J. Ad. 67; 44 L. T. 291; 29 W. R. 533; 4 Asp. 375 {See Oayzer v. Carron Co.) 2Hagg. 48n. Sw. 382; 4 Jur. N. S. 1193 (1892)1 Q. B. 387; [1893] A. C 361 ; 62 L. J. Q. B. 466 ; 69 L T.l; Eeported below, 40 W.E, 264; 7 Asp. 148 . 1 W. Eob. 95 . Bdw. 175 . 14 Jur. 857 . Sw. 67 ; 2 Jur. N. S. 264 3 Hagg. 206 7 P. D. 203; 47L.T.737; 5 Asp. 27 L. E. 1. C. P. 219 ; 3 Moo. P. 0. N. S. 656; B. &L. 449; 35 L. J. P. C. 66; 15 L. T. 6; 12 Jur.N. S. 677; ISW. R. 201; 2 M. L. 0. 394 . 50 L. J. Ad. 33 ; 29 W. E. 608 . 16 P. D. 185; 63 L. T. 468; 39 W. E. 47 ; 6 Asp. 640 . 27L. T. 266; 1 Asp. 412 . L. E. 4 P. C. 212 ; 26 L. T. 833 ; 8 Moo. P. C. ]Sr. S. 468 ; 1 Asp. 261 636,636 [1891] P. 403; 61 L. J. Ad. 9; 66 L. T. 366; 40 W. E. 239; 7 Asp. 166 . . . .648 3 Hagg. 246 .... 720, 741 3 East, 572 186, 189, 192 6 Q. B. D. 231 ; 29 W. E. 792 . 151 {See The Ocean Wave) 3 C. Eob. 106 n 286 Swab. 489 744 177. 195, 667, 569 719, 739 705, 708 749 701 746 343, 396, 398 61, 485, 505 734 679 The (Bot- The (Liens 2 Wash. C. 0. 264 Sw. 287 5P. D. 14; 48 L. J. Ad. 66; 41 L. T.351; 28 W.E. 95; 4 Asp. 183 4]Sr. of 0.876 . . . '. 9 Jur. 94 187 728, 729, 736, 737 575 423, 426, 436, 442 451,461,610,611 Ixvi INDEX TO OASES. The rtfermces in the third colwnn are to tlie sections of the book. NAME OF CASE. Mary Ann, The (Liens No. 2) Mary Ann, The (Salvors) MaryAnne,The(Salvage — Appeal) Mary Anne, The(SalTage — Apportionment) Mary Honnsell, The Mary Pleasants, The Mary Stewart, The Marzetti ■;;. Smith Mashiter v. Buller Massachusetts, The Matchless, The Matilda, The _ . Matthews v. Gribbs Maude, The Mayer v. Dresser Mayor of London v. Hunt Mayor, &o., of Southport v. Morriss Medina, The . Meiklereid v. West . Mellish V. Andrews Mellona, The . Melpomene, The MelviUe v. De Wolf . Memnon, The . Menetone v. Gibbons Mentor, The (Collision) . Mentor, The (Forfeiture) . Mercantile Bank v. GladT stone .... Merchant Banking Co. v. Phoenix Bessemer Steel Co. Merchant Prince, The (Burdeji of pyoof) Merchant Prince, The (Collision) Merchant Shipping Co. V. Armitage Mercurius, The KEPORTB. L.E.I Ad. 8; 36 L. J. Ad. &; 13 L. T. 384; 14 W. K. 136; 2M. L. C. 294 IHagg. 158 . . . . B. & L. 834; 34 L. J. Ad. 73 ; 12 L. T. 238 ; 2 M. L. C. 191 UL. T. 86; 2M. L. 0. 127 4 P. D. 204; 48 L. J. Ad. 64; 40 L. T. 368; 38 W. R. 140; 4 Asp. 101 . Sw. 224 . 2 W. Kob. 244 . 49L. T. 580; 5 Asp. 166 1 Camp. 84 . 1 W. Eob. 371 . 10 Jur. 1017 (See The Fanny) 3 E. & E. 282; 30 L. J. Q. B. 56; 3L. T. 561; 9 W. R. 200; 7 Jur. N. S. 186 .. . 36L. T. 26; 3 Asp. 338 . {See Meyer v. Dresser) 3 Lev. 37 [1893] 1 Q. B. 369 ; 62 L. J. M. C. 47 ; 68 L..T. 221 ; 41 W. R. 382 IP. D. 272; 2 P. D. 6; 36 L. T. 779; 25 W. R. 166; 3 Asp. 305 1 Q. B. D. 428 ; 46 L. J. M. C. 91; 34 L. T. 353; 24 W. E. 703 ; 3 Asp. 129 .. . 2 M.& S.27; 6 Taunt. 496 (Ex. Ch.) 3W. Rob. 7 . . . . L. R. 4 Ad. 129 ; 42 L. J. Ad. 46 ; 28L. T. 76; 21 W. R. 966; 1 Asp. 516 - - - "44; 24 L. J. Q. B. L. R. 960; 1 Jur. 130; 4 E. & B. 200; 3 C. N. S. 768 69L.T.289; 62L.T.84; 6 Asp. 488 . 3 T. R. 267 . 1 C. Eob. 179 4 Mass. 84 . L. R.3EX.233; 37 L.J. Ex. 18 L. T. 641 ; 17 W. R. 11 ; 3 M. L. C. 87 . 6Ch. D. 205; 46 L. J. Oh. 418; 36L. T. 396; 26W. R. 467 . [1892] P. 179; 67 L. T. 251; 7 Asp. 208 ... . 10 P. D. 139; 64 L. J. Ad. 79; 68 L. T. 914; 34 W. R. 231; 5 Asp. 520 ... . L.il. 8 .C. P.469 n.; 9 Q. B. 99 ; 43L.J.Q.B.24; 29L. T. 809; 2 Asp. 186 1 C. Rob. 288 ... . 70, 81, 442 740 750 736, 741 666 709, 742, 747 644 824, 325 269, 276 667, 681 647 266, 267, 292 698, 701 226 593, 599 688, 732, 734 411, 484 193, 196 629, 630, 638, 649, 681 69i8, 698 488, 497 676, 679, 680 422 633 607 17, 290, 302, 322, 844 375, 389, 390 630, 636 669 274 289 INDEX TO CASES. Ixvii The rtferences in tJie third column are to the sections of the book. MAME OF CASE. Mersey Docks, &c.,v. Gibbs Mersey Docks, &c., v. Hen- derson Mersey Docks, &c., v. Tur- ner Metcalfe ■;'. Britannia Iron "Works Co. Metcalfe v. Parry Meteor, The . Meyer v. Dresser Meyerstein v. Barber Michael v. Tredwin . Miedbrodt v. Fitzania Maan, The Milanese, The . Miles, Ex parte, re Miles V. Gorton Milford, The . Millar V. Brandt Miller v. Warre Miller v. Woodfall Mills V. Armstrong Mills V. Ball . Mills V. Long . Milvain v. Perez Milward v. Hibbert . Minerva, The (Flag) Minerva, The (Salvage) Minerva, The (Seamen) . Minna, The Minnehaha, The Minto, Ex parte Mirabita v. Imperial Otto- man Bank Miranda, The . Missouri S.S. Co., In re L. E. 1 H. L. 98 ; 35 L. J. Ex. 225 ; 14 L. T. 677 ; 14 W. E. 872.; 12 Jur. N. S. 571 ;. 2 M. L. C. 358 19 Q. B. D. 123 ; 13 Ap. Ca. 596 ; 58 L. J. Q. B. 152 ; 59 L. T. 697 ; 37 W. E. 449 ; 6 Asp. 338 {Bee Turner v. Mersey Docks, &o.) 1 Q. B. D. 613; 2 Q. B. D. 423; 46 L. J. Q. B. 443 ; 36 L. T. 451; 25 W. E. 720; 3 Asp. 407 4 Camp. 123 9 Ir. Eep. Eq. 567 .. . 16 C. B. N. S. 646 ; 38 L. J. C. P. 289; 10 L. T. 612; 12 W. E. 983; 2M. L. C. 27 . L. E, 2 C. P. 38, 661 ; 4 H. L. 317; 39 L. J. C. P. 187; 22 L. T.808; 18 W. E. 1041; 3 M. L. C. 449 17 C. B. 551 ; 25 L. J. C. P. 83 . {See The Energie) Lush. 388; 88 L. J. Ad. 105; 6L. T. 590; IM. L. C. 185 .. 43 L. T. 107; 45 L. T. 151; 4 Asp. 438 15 Q. B. D. 39 ; 54 L. J. Q. B. 566 2 Cr. & M. 504 Sw. 362; 4 Jur. N. S.417 2 Camp. 590 .... {See Warre v. Miller) 8E. &B.493; 27L.J.Q.B.120; 4 Jur. N. S. 302 . . _ . {See The Bernina — Collision, Lia- bility) 632 227 2 B. & P. 457 Sayer, 136 . 2E. &E.495; 3 L. T. 786; 30 L.J. Q.B.90; 9 W. E. 269 ; 7 Jur. N. S. 836 ... 3Q. B. 120; 11 L. J. Q. B. 137 . 3 C. Eob. 34 ... . 1 Sp. 271 1 Hagg. 347 .... L. E. 2Ad. 97 . . . . Lush. 835; 15 Moo. P. C. 133; IM. L. C. HI 35 L. T. 808 ; 26 W. E. 251 ; 3 Asp. 323 8 Ex. D. 164; 47 L. J. Ex. 418; 38 L. T. 597 ; 8 ASp. 591 L. E. 8 Ad. 561 ; 41 L. J. Ad. 82 ; 27 L. T. 389; 21W. E. 84; 1 Asp. 440 42 Ch. D. 821 ; 58 L. J. Ch. 721.; 61 L. T. 91; 87 W. E. 696; ■6 Asp. 423 . . . . 169, 269, 272, 283 196, 198 567 282, 835 319, 323, 340, 341, 349, 353 95 646 669 389, 390, 891 375, 894 69 607 280, 768 322, 382, 387, 892 514 308 251 116 718, 731 465, 472, 479 567, 573 575, 676 46 342 703i 704 369, 464 Ixviii INDEX TO CASES. Tlie rtferences m the third colmnn are to the sections of the book. NAME OP CASE. Mitchell V. Darthez . Mitchell V. Ede . Mitchell V. Scaife , Mitcheson v. Nicol . Mitcheson v. Oliver . M. Moxham, The . Mobile, The Moeller v. Young Moens v. Heyworth . Mofiat V. East India Co. . Moir V. Eoy. Exchange Ass. Co. Molifere, The . Monarch, The . Monte Eosa, The Moorcock, The . Moorsom v. Bell Moorsom v. G-reaves . Mordy v. Jones . Morgan v. Oastlegate S.S. Co. Morgan v. Sim . Morison v. Grray Morley v. Hay . Morris v. Levison Morris v. Bobinson Mors V. Slue Mors le Blanch v. Wilson . Morteo v. Julian Morton v. Hutchinson Moselle, The . Moss V. Byrom . Moss V. Slue Motteux V. London Ass. Go. Mount V. Harrison . Mount V. Larkins Mountaineer, The Mudhopper, No. 4 , Muller V. Gernon 2 Bing. N. C. 555; 2 Scott. 771 ; 1 Hodges, 418 . IIA. &B. 888 . . . . 4Gamp. 29S . . . . 7 Ex. 929; 21L. J. Ex. 323 5E. &B.419; 26L. J.Q.B.39; 1 Jur. N. S. 900 .. . 1 P. D. 43, 107 ; 46 L. J. Ad. 17 ; 34 L. T. 559; 24 W. E. 650; 3 Asp. 191 . . . . Sw. 69, 127 ; 28 L. T. 0. S. 129 ; 10 Moo. P. C. 467; 5 W. E. 830 5E. &B. 7, 755; 25 L. J. Q. B. 94; 2 Jur. ]Sr. 8.393 10 M. & W. 147 . 10 Bast, 468 . . . . 3 M. & S. 461 ; 6 Taunt. 241 ; 1 Marsh. 570 ; 4 Camp. 84 [1893] P. 217 ; 62 L. J. Ad. 102 ; 69L. T. 263 12 P. D. 5; 56 L. J. Ad. 114; 56 L. T. 205; 35 W. E. 292; 6 Asp. 90 .... [1893] P. 23; 62 L. J. Ad. 20; 68L. T. 299; 41W. E. 304 . 13P. D. 157; 14P. D. 64; 58 L. J.Ad. 73;60L.T.654;6Asp. 373 2 Camp. 616 2 Camp. 627 ... . 4B. &C. 394; 6D. &E. 479 . (See The Oastlegate) 280, 284 339, 344, 355, 380 301, 305 257, 280 403, 409, 410 230 573 268 690 271, 591 139 673, 677 676 568, 629, 645, 656 228 153 276, 237 281 (See The City of London— Colli- sion) 2 Bing. 260 ; 9 J. B. Moo. 484 . 3M. &E. 396 . 1 0. P. D. 156 ; 45 L. J. C. P. 409 ; 34L. T. 576; 24W. E. 517; 3 Asp. 171 3B. &C.196 . 1 Vent. 238 ; 1 Mod. 85 ; Sir T. Eaymond, 220 ; 3 Keb. 72, 112, 136 89, 235, 236, 587 L. E.8 0. P. 227; 42 L. J. C. P. 70; 28L. T. 415; 1 Asp. 606 . 4 C. P. D. 216 ; 48 L. J. M. 0. 126; 41L. T. 71; 4 Asp. 166 . (See The Frankland and The Kestrel) 32L. T. 570; 2Asp. 686 . 6 T. E. 379 (See Mors v. Slue) 1 Atkyns, 545 .... 373 395 257 415 313 677 564 201, 219 4 Bing. 388; 1 M. & P. 14 . 8 Bing. 108 ; 1 M. & Scott, 165 2"W.Eob. 7 . . . 40 L. T. 462 ; 4 Asp. 103 . 3 Taunt. 394 .. . 209 413, 414 176, 204, 206 703 720, 728 269 INDEX TO CASES. The r^ei-ences in the third column are to the sections of the boole. Ixix NAME OF CASE. EEPORTS. SECTION. Murphy v. Coffin . 12Q. B. D. 87; 32 W. E. 616 . 158 Murray v, Currie . L. E. 6 0. P. 24; 40 L. J. 0. P. 26 ; 23 L. T. 557 ; 19 W. E. 104 ; 3 M. L. C. 497 ... 253 Murray v. Moutrie . . 6 0. & P. 471 . 642 Myers «. Willis . 17C. B. 77; 18C. B.886; 25 L. J. C. P. 255 . 409, 410, 411 Nasmyth, The . K'athan v. Giles Neave v. Pratt . IliTeill V. Eidley . Neish V. Graham Nellie, The . . . ISTelson, The (Bottomry) . Nelson, The (Master's authority) Nelson V. Assoc, for Pro- tection, &c. Nelson V. Couch Nelson v. Dahl . Nelson v. McLeod Nelson v. Salvador . Neptune, The (Salvage award) Neptune, The (Salvors) . Neptune, The (Seamen) . Neptune the Second, The Neptunus, The . Nestor, The Brig Netherlands Steamboat Co. V. Styles Newall V. Eoyal Exchange Shipping Co. N. 10 P. D. 41 ; 54 L. J. Ad. 63 ; 52 L. T. 392; 33 W. E. 736; 5 6 Taunt. 558 ; 1 Marsh. 226 • 319 2 B. & P. N. E. 408 . 506 9 Ex. 677; 2C. L. E. 1018. 257 8E. &B. 505; 27L. J. Q. B. 15," 4 Jur. N. S. 49 291 29L. T. 516; 2 Asp. 142 . , 701 1 Hagg. 169 ... , 421, 424, 427, 429 6 C. Eob. 227 . • 401 43 L. J. C. P. 218 . 291 15C. B.N. S. 99; 33L. J. C . P. 46; 8L.T.577; 11 W.E.964; 1 M. L. C. 348 . , 628 {8se Dahl v. Nelson) Sh. Gaz. May 1, 1891 . . 167 Moo. &M. 309 . , 137, 138, 140 {See Green v. Bailey) IW. Eob. 297 . 739, 745 1 Hagg. 227 . . . 469, 503, 510, 694, 706 lDods.467 569 6 C. Eob. 403 . 257 1 Sumn. 73 . 74 {See The Batavier— Pilot) Newberry v. Oolvin . Newcastle, The, and The Graaf van Eeohteren New Draper, The . . 4 C. Eob. 287 Newman v. "Walters . . 3 B. & P. 612 New Phoenix, The (Wages 1 Hagg. 198 — Forfeiture) New Phoenix, The (Wages 2 Hagg. 420 — Set^ofE) Newsom V. Thornton NichoUs V. Lefeuvre , 33 W. E. 342, 868 (See Eoyal Exchange Shipping Co. v. Dixon) (iS^ee Colvin v. Newberry) Holt's Eule of the Eoad, 247 . 680 Nicholson v. Bower . Nicholson v. Chapman Nicholson v. Mounsey Nicolai, Heinrich, The Nicolina, The . 6 East, 17; 2 Smith, 207 . 2 Bing. N. C. 81 ; 1 Hodges, 255 2 Scott, 146; 7 0. &P. 97n. , 1 E.&E.172; 28L. J. Q. B. 97 5 Jur. N. S. 246 2H. Black. 254 . 15 East, 384 17 Jur. 329 . 2 W. Eob. 175 . 21 707 505 63, 500, 585 349, 372, 396, 398 383, 385, 392, 395 388 747 89, 633 728 736, 737 Ixx The rq/'erences NAME OF CASE, Nielsen i;. Neame , Nielsen v. Wait Niemann v. Moss Nifa, The . Nile, The . Niobe, The Niord, The Nix V. Olive Noble V. Kennoway . Nonpareil, The . Nor, The . . . . Norden, The . Norden S.S. Co. v. Demp- sey Norma, The (Collision) . Norma, The (Salvage) Norman v, Binnington North German Lloyd S.S. Co. V. Elder North Star, The . . Northampton, The . Northey v. Field Northumbria, The . Norway, The (Bill of lad- ing) Norway, The (Freight- Lien — Pilot) Notara v, Henderson Nottebohn v. Eichter Netting Hill, The N. Strong, The Nugent V. Smith Numida, The . Nutt V. Bourdieu Nyholm, Expa/rte, re Child Nymph, The . INDEX TO CASES. in the third cohtrmi are to the sections of the book, REPORTS. SECTION. 1 C. & E. 288 . . . . 280 14Q. B. D. 516; 16Q. B. D. 67; 56 L. J. Q. B. 87; 54 L. T. 344; 34 W. R. 33 ; 5 Asp. 653 152, 154, 161 2d L. -J. Q. B. 206 ; 6 Jur. N. S. 775 154 [1892] P. 411; 62 L. J. Ad. 12; ' 69 L. T. 56 . . . . Addenda 159 L. E. 4 Ad. 449 ; 44 L. J. Ad. 38 ; 33 L. T. 66 ; 3 Asp. 11 . . 703, 709 13P. D. 55; 57L. J. Ad. 33; 59 L. T. 257 ; 36 W. E. 812 ; 6 Asp. 300 575, 634 (See The Bsk and The Niord) Abbott, 13th ed. 707 . . . 339, 342, 395, 396 2 Doug. 510 .... 187,204,207 B.&L. 355; 33 L.J. Ad. 201 . 487 ' 30 L. T. 576 ; 22 W. E. 30 ; 2 Asp. 264 673 1 Sp. 185 693 1 C. P. D. 654; 45 L. J. C. P. 764; 24W. E. 984 . . . 158 35L. T. 418; 3 Asp. 272 . . 674,679 Lush. 124; 5 L. T. 340; 1 M. L. C. 7 722, 724 25 Q. B. D. 475; 59 L.J. Q. B. 490; 63 L. T. 108; 38 W. E. ' 702; 6 Asp. 528 . . . 147,236,256,367 (See The Sohwalbe) Lush. 45; 29 L.J. Ad. 73 . . 432 ISp. 152 568 2Esp. 613 382,385,395 L.E.3 Ad.6,24; 39L.J.Ad.3; 21L.T. 681; 18W.E. 188;'3 M. L. 0. 314, 316 . . . 652 B.&L. 226; 2M. L. 0. 17 . 283 B. & L. 37^; 3 Moo. P. C. N. S. ' 245; 12 L. T. 57; 13 W. E. 296; 2 M. L. 0. 354 . . 158, 274, 297, 312, 324, 328, 569 L. E. 5Q. B. 346; 7 Q. B. 225; 41 L. J. Q. B. 158 ; 26 L. T. 442 ; 20 W. E. 443 ; 1 Asp. 278 . 235-240, 242, 260, 265^ 266,267,295,357 " 18Q. B. D. 63; 56L.J.Q.B.33; 35W. E.'300 . . . . 359,367 9 P. D. 105'; 55 L. J. Ad. 56; 51 " L.T.66;'32-W.E.764; 5 Asp. 241 327, 648 [1892] P. 105; 67 L. T. 299; 7 Asp. 194 669 1 C. P. D. 19, 423 ; 45 L. J. 0. P. 697; 34 L. T. 827; 24 W. E. • 237; 3 Asp. 198 . . . 236,358,587 (See The CoUingrove) 1T.E.323 216,217 43 L. J. Bk. 21; 29 L. T. 634; 22 W. E. 174 . . . . 291 Sw. 86 74,414,510,638,747 INDEX TO CASES. The rtferencea in the third column are to the seotioris qftlie book. Ixxi o. NAME OP CASE. Oakfield, The . Oakley v. Portsmouth, &o., Co, Obey, The Ocean, The Ocean S.S. Oo. v. Ander- son Ocean "Wave, The Oceano, The Octavia Stella, The . Octavie, The Ogden V. Graham Ogg V. Shuter . Ogle V. Atkinson Oglesby v. Yglesias . O'Hanlan v. G. W. E. Oo. OhrlofE V. Briscall Oliver v. Colven Oliver V. Cowley Oliver v. Fielden Olivier, The . Omoa, &c., Co. v, Huntley Onward, The . Oppenheim v. Euasell Oquendo, The . O'Eeilly v. Gonne Orelia, The Organ V. Brodie Orient, The Oriental, The . Oriental S.S. Co. v. Tyloi- Orion, The 11 P. D. 34; 55 L. J. Ad. 11; ' 54 L. T. 678; 34 W. E. 687; 5 Asp. 575 ... . 5^7, 568 11 Ex. 618; 25 L. J. Ex. 99 . 358 " L.E.I Ad. 102; 12 Jur. N. S. 817 2W. Eob. 91 . . . . 13 Q. B. D. 651 ; 10 Ap. Ca. 107 ; 54 L. J. Q. B. 192; 52 L. T. 441; 33 W. E. 433; 5 Asp. 401 L. E. 3P. 0. 205; 23 L. T. 218; 6 Moo. P. 0. N". S. 492; 3 M.L. 0.482 . 3P. D. 60 57L. T. 632; 6Asp. 182 . B. &L. 216; 9 L. T. 696; 1 M. L. 0. 420 .... IB. &S. 773; 31L. J. Q. B.26; 5L. T. 396; 10 W. E. 77; 8 Jur. ]Sr. S. 613 ... L. E. 10 0. P. 159 ; 1 C. P. D. 47; 45 L. J. 0. P. 44; 33 L. T. 492; 24 W. E. 100; 3 Asp. 77 . . . . 5 Taunt. 769 ; 1 Marsh. 323 E. B. & E.930; 27 L. J. Q. B. 356 6 B. & S. 484; 34 L. J. Q. B. 164 ..... . (See The Helene) 27W. E. 822 . . . . 1 Park, Ins. 470 . 4 Ex. 135; 18L. J. Ex. 353 Lush. 484; 31 L. J. Ad. 137; 6 L. T. 259 ; 1 M. L. 0. 214 . 2 0. P. D. 464; 37L. T. 184; 26 W. E. 676; 3 Asp. 501 . L. E. 4 Ad. 38; 42 L. J. Ad. 61; 28L. T. 204; 21W. E. 601; 1 Asp. 640 . 3 B. & P. 42 38 L. T. 161 ; 3 Asp. 668 4 Camp. 249 3 Hagg. 76 . 10 Ex. 449 ; 24 L. J. Ex. 70 L. E. 3P. C. 696; 8 Moo. P. C. N. S. 74; 40 L. J. Ad. 29 ; 21 L. T. 761 ; 20 W. E. 6 ; 1 Asp. 108 3 W. Eob. 243 ; 7 Moo. P. 0. 398 [1893] 2 Q. B. 618 ; 63 L. J. Q. B. 128;69L.T.577;42W. E.89 [1891] P. 307; 60 L. J. Ad. 90; 65L. T. 500; 7 Asp. 88 . 642 701 296, 733 668, 576 673 667, 668 69 223 339, 342 379, 380, 386 308 327 328 96 142 439, 442, 449 356 439, 440, 445, 449 322, 386, 395 360 212 406, 420, 442, 460 403 513, 640, 641 408, 421, 429, 437, 438, 439, 449 277, and Addenda, 277, 331 667 bcxii INDEX TO CASES. Tlie rfferenees m the third column are to the sections of the book. HAUE OF CASE. BEPORTS. SECTION. Orpheus, The . . L. E. 3 Ad. 308 ; 40 L. J. Ad. 24 ; 23L. T. 855; 3 M. L. C. 531 . 639 Osgood V. Grroning . 2 0amp. 466 . . . . 283 Osmanli, The . . 3W.Eob. 198 . . . . 421, 427, 434, Ostor Eisoer, The . 4 0.Eob.l99 . 289 Oswell V. Vigne . 15 East, 70 117, 120 Otter, The . L. E. 4 Ad. 203; 30 L. T. 43; 22 W.E. 557; 2 Asp. 208 . 670 Otto Hermann, The . 33 L. J. Ad. 189 . 727 Ougier v. Jennings . 1 Camp. 504 n 187 Owen "Wallis, The . L. E.4Ad. 176; 43 L.J. Ad. 36; 30 L. T. 41 ; 22 W. E. 695 ; 2 Asp. 206 681 Paotolus, The Palatine, The Palermo, The Palinurus, The Palmer v. Fenning Palmer v. Goooh Palmer v. Marshall Palmyra, The . Panama, The . Pandorf v. Hamilton Panthea, The . Papayanni v. Hooquard Parana, The Parfitt V. Thompson Parker v. Gosage Parker v. James Parker ■;;. Potts Parker v. Winlo Parkinson v. Collier . Parlement Beige, The Parmeter v. Cousins Parmeter v. Todhunter . Pamaby v, Lancaster Canal Co. Parr v. Anderson 175, 205 736 439, 441 Sw. 173 648 27L. T. 631; 1 Asp. 468 . . 677 10 P. D. 21; 54 L. J. Ad. 46; 52 L. T. 390; 33 W. E. 643; 5 Asp. 369 642 13P. D. 14; 57 L. J. Ad. 21; 68 L. T. 533; 37 W. E. 266; 6 Aap. 271 668 9 Bing. 460 ; 2 M. & Scott. 624 . 205 2 Stark. 428 ... . 405 8 Bing. 79, 317 ; 1 M. & Scott, 161 454 26L.T. 84;'l Asp. 182 '. L. E. 2 Ad. 390; 3 P. C. 199 39L. J. Ad. 37; 23 L. T. 12 18 W. E. 1011 ; 6 Moo. P. N". S. 484; 3M. L. C. 461 16 Q. B. D. 629; 17 Q. B. D 670; 12Ap. Ca. 518; 57 L. J Q. B. 24; 57 L. T. 726; 36 W. E. 369; 52 J. P. 196; 6 Asp. 212 25 L. T. 389 ; 1 Asp. 133 . (See The True Blue— Derelict) 1 P. D. 452; 2 P. D. 118; 45 L.J. Ad. 108; 36 L. T. 388; 3 Aap. 399 ... . 13 M. & W. 392 ; 14 L. J. Ex. 73 2 0. M. & E. 617 ; 1 Tyr. & G. 105; 1 Gale, 288 . 4 Camp. 112 ... . 3 Dow, 23 7E. &B.942; 27L. J.Q.B.49; 4 Jur. N. S. 584 . . . 2 Park, Ins. 653 . 4 P. D. 129; 5 P. D. 197; 48 ■L.J. Ad. 18; 42L. T.273; 28 "W. E. 642; 4 Asp. 234 . 2 Camp. 285 ... . 1 Camp. 541 .... 11 A. &E. 223; 3P. &D. 162 . 357, 81 369, 361 327 96 377 176 98,99,104 159 204 569, 97 420, 632 640, 432 747 6 East, 202; 2 Smith, 316 . 201, 202 INDEX TO CASES. Ixxiii The rtferenoes in the Hard column a/re to the sections of the iook. NAME OF CASE. ' Fatapsco Ins. Co. v. Coul- ter Patria, The Patroolus, The . Patten v. Thompson Paul, The . . . . Paul V. Eden . Paynter v. James P. Caland, The Peace, The Peake v. Screech Pearl, The Pearson v. Goschen Pease v. Gloahec Pederson v. Lotinga Peek V. Larsen . Peerless, The . Pelly V. Eoyal, &c., Co. . Peninsular and Oriental S. N. Co. V. Shand Pennell v. Alexander Pennsylvania, The Pensher, The . Pentucket, The . Peri, The . Pericles, The . Perkins v. Smith Perla, The Perseverance, The Persian, The Peshawur, The Peter der Grosse, The Petley v. Catto Petrel, The Petrooochino v. Bott Phantom, The . Phelps V. Auldjo Phelps V.Hill . REPORTS. 3 Peter's Sup. Court, 222 . L. E. 3 Ad. 436 ; 41 L. J. Ad. 32 ; 24 L. T. 849 ; 1 Asp. 71 . 13 P. D. 54; 58 L. T. 774; 36 W. R. 928; 6 Asp. 285 . 5M. &S. 350 . L.R.I Ad. 57; 35L. J. Ad. 16; 14L. T. 192; 2M. L. C. 325 . Abbott, 13th ed. 780; Macl. 4th ed. 241 ... . L-. R. 2 C. P. 348; 18 L. T. 449; 16W. R. 768; 3M. L. C. 76 . [1891] P. 313; [18921 P. 191; [1893]A. C. 207; 62 L.J. Ad. 41 ; 68 L. T. 469 . Sw. 115 7Q. B. 603; 14 L. J. Q. B. 317 . 5 C. Rob. 224 . 17 0. B.N. S. 352; 33L.J.C.P. 265; 10 L. T. 758; 12 W. R. 1116; 10 Jur. N. S. 903; 2 M. L. C. 68 . (See The Marie Joseph) 28 L. T. O. S. 267; 5 W. R. 290 L. R. 12 Eq. 378; 40 L. J. Ch. 763; 25 L. T. 580; 19 W. E. 1045; 1 Asp. 163 . Lush. 30, 103; 13 Moo. P. C. 484 1 Burr. 341 .... 3 Moo. P. 0. N. S. 272 3E. & B. 283; 23 L. J. Q. B. 171; 18 Jur. 627 . 23L. T. 55; 3M. L. C. 477 Sw. 211 Lush. 505 32 L. J. Ad. 46 ; 11 W. R. 44; 8 Jur. N. S. 1230 B. &L. 80 Sayer, 40; 1 "Wils. 328 Sw. 230 (See The Plato and The Perse- verance) IW. Rob. 327 . . . . 8P. D. 32; 52 L. J. Ad. 30; 48 L. T. 797; 31 W. R. 660; 5 Asp. 89 1 P. D. 414; 34 L. T. 749; 3 Asp. 195 (See The Christina) [1893] P. 320 ; 62 L. J. Ad. 92 . L. R. 9 C. P. 355; 43 L. J. 0. P. 214 ; 30 L. T. 840 ; 2 Asp. 310 L. R. 1 Ad. 58; 15 L. T. 596; 14 W. R. 774 ; 12 Jur. N. S. 529 ; 2 M. L. C. 432 2 Camp. 350 . . . . [1891] 1 Q. B. 606 ; 64 L. T. 610; 7 Asp. 42 . . . . 219 212, 283, 356, 368, 369 376, 398 726 623 269 662 725, 563 505, 742, 506 747 299, 302, 333 308 306, 318, 330, 331 567, 209 369 568, 569, 573 396 663, 649, 738 670 651 646 693, 89 737, 715 738, 745 726 628 334, 336 467, 627, 642 325 693, 734 181, 208 209, 210, 212, 238 Ixxiv IKfDEX TO CASES. The rtferences in the third coht/ma are to the sections qf the book. NAME or CASE. Phelps, Stokes & Co. v. Comber Phillips V. Clark Phillips V. Headlam . Phillips V. Highland Ey. Co. Phillips V. Irving Phillips V. Eodie Philotaxe, The (Collision) Philotaxe, The (Salvage) . Phyn V. The Eoyal, &c. Co. Pickering v. Barclay Pickemell v. Jauberry Pickwick, The . Pinnas, The Pipon V. Cope . Pittegrew v. Pringle Pitts V. Gainee . Pladda, The . Planche v. Fletcher . Plato, The, and The Perse- verance .... Pole V. Cetovich PoUok V. McAlpin . Pontida, The . Porcupine, The Porteus V. Watney Postlewaite v. Freeland Powell V, Gudgeon . Pratt V. Cuff . Prehn v. Bailey Prendergast v. Compton Price V. Bell Price V. Livingstone . Pride of Canada, The Priestley v. Femie . Primula, The (Advance freight) Primula, The (Wreck) Prince Edward, The . Prince Frederick, The Prince George, The (Bot- tomry). Prince George,The (Wages) Prince Eegent, The B£PORIS. 26Ch.D. 756;29Ch.D. 813;64 L. J. Ch.l017; 52 L. T. 873; 33W.E. 829; 6 Asp. 428 .. 2C. B. N. S. 156; 26L. J. C. P. 168 ; 3 Jur. N. S. 467 . 2B. &Ad. 380 . . . . (_See The Ferret) 7 M. & Gr. 325; 8 Scott, TST. E. 3; 13 L. J. 0. P. 145 . 15 East, 547 37 L. T. 540 ; 3 Asp. 612 29 L. T. 515 ; 2 Asp. 141 7 T. E. 506 . 2 EoUe, Ab. 248 . 3 F. & F. 217 16 Jur. 669 . 59L. T. 526; 6 Asp. 313 1 Camp. 434 3 B. & Ad. 614 . 1 Ld. Eaym. 668 . 2P. D. 3'4; 46L. J. Ad. 61 1 Doug. 261 . . . . Holt's Eule of the Eoad, 263 . . 9C. B. N. S.430; 30 L. J. C. P. 102; 3L. T.438; 9 W. E. 279 (See The Lochlibo) 9 P. D. 102, 177 ; 53 L. J. Ad. 78 ; 61 L. T. 849 ; 38 W. E. 38 ; 5 Asp. 330 1 Hagg. 378 .... 3 Q. B. D. 223, 534 ; 47 L. J. Q. B. 643 ; 39 L. T. 195 ; 27 W. E. 30; 4 Asp. 34 .... 4 Ex. D. 155; 6 Ap. Oa. 699; 49 L. J. Ex. 630 ; 42 L. T. 845; 4 Asp. 302 .... 5 M. &. S. 431 . 4 East, 43 (cited) (See The Ettrick) 8 C. & P. 454 .... 1 East, 663 9 Q. B. D. 679 ; 53 L. J. Q. B. 118; 47L. T. 629; 5 Asp. 13 . '. B. & L. 208; 9 L. T. 646; 1 M.L. C. 406 . . . . 3 H. & 0. 977 ; 34 L. J. Ex. 172 ; 13L. T. 208; 13 W. E. 1089; llJur. N. S. 813; 2 M. L. C. 281 96 L. T. Journal,'392 .' (See The Utopia and The Pri- mula) 2L. T. 139 2 Hagg. 394 . . . . 4,Moo. P. C. 21 . . . . 3 Hagg. 376 . . . . 2,W.Eob. 83 (cited) . . ". 3§2, 383 236, 35; 103, 560, 561 206 297, 299 681 701 1^1, 218 359 333, 442 719, 739 745 217, 220 136, 137, 138, 139 85 636, 681 186 635 144, 212 428, 429, 438, 442 472, 501 156, 166, 307 162, 164, 166 262 586 120 278 737, 739, 741 86, 86, 88, 314 Addenda, 276 501 472 426, 427, 432, 433, , 434, 436 465, 472, 474, 509, 514 450 INDEX TO CASES. Ixxv The references in the third column we to lite secttoiis of the booh. NAME OF CASE. Prince of Saxe Cobourg, The Prince of Wales, The Princess, The . Princess Alice, The . Princess Helena, The Princess Eoyal, The . Princeton, The . Pringle v. MoUetfc Prins Frederik . Prinz Heinrich, The . Priscilla, The (Bottomry) . PrisciUa, The, (Collision) . Pritt V. Clay . Privateer, The . Progress, The . Proprietors Trent Nav. v. Wood . . . . Prosper, The Prosperino Palasso, The . Protector, The . Proudfoot V. Montefiore . Providence, The Prowse «.Buropean,&c.,Co. Purissima Concepsion, The Pyman v. Burt . Pyrennee, The . REPORTS. SECTION. 3 Hagg. 387 ; 3 Moo. P. C. 1 • 429, 438, 442, 453 6N. ofC. 39 701 52L. T. 932; 5 Asp. 451 . 648 SW.Eob. 138 . 693, 714 Lush. 190; 30 L. J. Ad. 137 ; 4* L. T. 869; IM. L. C. 108 73, 496 L. E. 3 Ad. 41 ; 39 L. J. Ad. 13'; 22 L. T. 39 ; 3 M. L. C. 328 7|2 3P. D. 90; 47 L. J. Ad. 33; 3S L. T. 260 ; 3 Asp. 562 . 668 ■ 6M. &W. 80 . 170 2 Dods. 451 . 747 13 P. D. 31 ; 67 L. J. Ad. 17 ; 68 L. T. 593 ; 36 W. E. 511 ; '6 Asp. 273 . '. 7S3, 742, 747 Lush. 1 ; 5 Jur. N. S. 1421 . 450, 4gl L. E. 3 Ad. 125; 23 L. T. 566 ; 1 Asp. 468 .... 677 6 Beav. 503 . 487 7L.E. Ir. 105 . 671 Edw. 210 .... • 722 (jS'ee Trent l^Tavigation, &c.) Edw. 72 ... . 287, 288, 289 29 L. T. 622 ; 2 Asp. 158 . , 337 IW. Eob.45 . . 569 L. E. 2 Q. B. 511; 8 B. & S. 510; 36 L. J. Q. B. 226 ; 16 L. T. 685; 16W. E. 920;2M. L. C. 512 . 84 1 Hagg. 391 ... . 501 ((See The Peerless) SW.Eob. 181 . . 701, 712 1 C. & E. 207 . , 249, 329, 334 B. & L. 189 ; 3 N. E. 260 . , 742 Quebec, &c., Co. v. The Commercial Bank, <&c. Queen, The (Collision) Qneen, The (Salvage) Queen Mab, The Queen Victoria, The Quickstep, The . L. E. 3 P. C. 2.34 ; 7 Moo. N. S. 1; 39 L. J. P. C.53;22L.T.559; 18 'W. E. 769; 3 M. L. 0. 414 . 94, 98, 104, 560 L. E. 2 Ad. 354; 38 L. J. Ad. 39; 20 L. T. 865; 3 M. L. 0. 242 " . 567, 674, 687 (See The Hannibal) 3 Hagg. 242 .... 691, 719, 739 64L. T. 620; 7 Asp. 9 . . 681 15 P. D. 196; 59 L.J. Q. B. 66; 63 L. T. 713 ; 6 Asp. 603 . . 575, 634 E. Eacehorse, The . 3C. Eob. 101 . '. 2S6 Eacer, The . 30L. T. 904; 2 Asp. 317 . 700 Eaffaellncia, The . 37L. T. 366; 3 Asp. 606 . 64, 612 Eagg«. King . . 2Str. 858 . . 68 Eaikes, The . 1 Hagg. 246 . 693 Eainbow, The . . 63 L. T. 91 ; 5 Asp. 479 . 77,496 Eaine v. Bell . . 9 East, 196 . . 198,210 Ixxvi INDEX TO CASES. Tlie r^erences in the third column are to the sections of the booh. NAME OF CASE. Eaisby, The . . Raithwaite Hall, The Eajah of Cochin, The Rajasthan, The Ralph Creyke, The Ramsay v. Quinn Randall v. Lynch Ranger, The Ranger, The, and The Cologne Ranken v. Reeve Rapid, The Rasche, The Read v. Bonham Readhead v. Mid. R. Co. . Rebecca, The (Bottomry) Rebecca, The (Freight) . Redman v. Wilson . Redpath v. Allan Reed v. White . Reeve v. Davis . Reg. V. Anderson Reg. 1]. City of London Court, Judge of (Juris- diction) Reg. V. City of London Court, Judge of (The Michigan, Wages) Reg. V. Collingridge . Reg. V. Commissioners un- der Boilers Explosions Act, 1882 Reg. V. Fobbing (Essex), Commissioners of, &c. Reg. V. Gardner Reg. u. Johnston Reg. V. Local Marine Bd. of London Reg. V. Mayor of South- port Reg. V. Neale , Reg. V. Seberg . Reg. V. Stanton Reg. V. Tomlinson Reg. V. Trinity House Reid V. Darby . 10 P. D. 114; 64 L. J. Ad. 65; 53L. T. 56; 33 W. R. 938; 6 Asp. 473 SOL. T. 233; 2 Asp. 210 . Sw. 473 Sw. 171 55L. T. 155; 6 Asp. 19 . 8 Ir. Rep. 0. L. 322 . 2 Camp. 352 ; 12 East, 179 9 Jar. 119 ; 3 N. of C. 589 . L. E. 4 P. C. 519 ; 9 Moo. P. C. N. S. 352; 27 L. T. 769; 21 W. R. 273 ; 1 Asp. 484 . 2 Park, Ins. 627 . 3 Hagg. 419 ... . L. R. 4 Ad. 127 ; 42 L. J. Ad. 71 ; 22W.R. 240 .... 3 B. & B. 147 ; 6 J. B. Moore, 397 L. E. 2Q. B. 412; 4 Q. B. 379; 38 L. J. Q. B. 169 ; 20 L. T. 628 ; 9B. &S. 519; 17 W. R. 737 . 5C. Bob. 102 .... 2 C. Rob. 101 ... . 14 M. & W. 476; 14 L. J. Ex. 333;9Jur. 714 {See The Hibernian) 5Eap. 122 1 A. &B. 312; SN. &M. 873 . L.R.I C. C. 161; 38L. J.M. C. 12; 19L. T. 400; 17W.R.208 [1892] 1 Q. B. 273 ; 61 L. J. Q. B. 337; 66 L. T. 135; 40 W. B. 215; 7 Asp. 140 . 25Q. B. D. 339; 59 L. J. Q. B. 427; 63 L. T. 492; 38 W. E. 638; 6 Asp. 547 34 L. J. Q. B. 9 ; 12 W. E. 1109 [1891] 1 Q. B. 703 ; 60 L. J. Q. B. 544; 64 L. T. 674; 39 W. E. 14 Q. B. D. 561 ; 'll Ap. Ca. 449'; 66L. J. M.C. 1; 55L.T.493; 34 W. E. 721 ; 51 J. P. 227 . 1 F. & F. 669 . 55 L. T. 266; 61 J. P. 22; 16 Cox 0. C. 221 ; 6 Asp. 14 {See E. V. CoUingridge) {See Mayor of Southport v. Morriss) 8 T. E. 241 L. E. IC. C. 264; 39L.J.M. C. 133 ; 22 L. T. 523 . 8E. &B.445; 30L.T.O. S.118; 4 Jar. N. S. 10; 6 W. E. 39 {See Stanton v. Banks) . L. E. 1 C. C. 49; 36 L. J. M. C. 41; 15L.T.188; 12 Jur.N.S. 946; lOCoxC. C. 332 . 35W. E. 835 . . . . 10 Bast, 143 . . . . SECTION 297, 733, 742 656 79, 489 701 681 467 153, 163, 166 695 673, 681 195 710 731, 737 412, 413, 414 90, 93, 587 453, 463 361 87 301, 411 537 641 465, 499, 514 51 Addenda, 686 358 637 473 661 637 662, 564 46,51 33 415 INDEX TO CASES. IxxTii The rtferences in the third column are to the sections of the book. MAME OF CASE. Reid V. Hoskins Eeinbeck, The . Beliance, The (Bottomry) Eeliance, The ^Derelict) . Eeliance, The (Wages) Eeney v. Magistrates of Kirkcudbright Eenno v. Bennett Eenpor, The Repulse, The . Resolution, The Eesolven, The . Eestitution S.S. Co. Pirie Eesultatet, The Rew V. Paine . Reward, The Eex V. Tubbs . Eeynolds v. Jex Ehadamanthe, The . Rhodes v. Leach Rhondda, The . Ehosina, The . Eialto, The Riby Grove, The . Rice V. Baxendale Rich V. Coe Richardson v. Gross . Richardson v. Ifourse Ridgway v. Roberts . Ridsdale v. Newnham Ridsdale v. Sheddon Riga, The Rigborgs Minde, The Ringdove, The . Rinquist v. Ditchell . Rio Grande do Sul S.S. Co., In re Ripley v. Scaife Ripen, The Rising Sun, The 5E. &B. 729;6E. &B.953; 26 L. J. Q. B. 5; 3 Jur. N. S. 238 60 L. T. 209 ; 6 Asp. 366 . 3 Hagg. 66 2Hagg. 90n . . . . 2W. Rob. 119 . . . . [1892] A. 0. 264; 61 L. J. Ad. 23; 67L. T. 474; 7 Asp. 221 . 3Q. B. 768; 3 G. & D. 54; 12 L. J. Q. B. 17 . 8P. D. 115; 52 L. J. Ad. 49; 48 L. T. 887; 31 W. R. 640; 5 Asp. 283 2 W. Rob. 396; 4 N. of 0. 166; 9 Jur. 739 60L. T.430; 6 Asp. 363 9 T. L. R. 75 61L. T. 330; 64 L. T. 491 n.; 6 Asp. 428 ; 7 Asp. 11 n. 17 Jur. 353 . 53L. T.932; 5 Asp. 515 1 W. Rob. 174 . Cowp. 512 . 7B. &S. 86; 34L. J. Q.B.251; 13W. R. 968 . 1 Dods. 201 2 Stark. 516 8 Ap. Oa. 549; 49 L. T. 210; 5 Asp. 114 10 P. D. 24 ; 54 L. J. Ad. 72 ; 53 L. T. 30; 33 W. R. 794; 5 Asp. 460 [1891] P. 175; 60 L. J. Ad. 71; 64L. T. 540; 7 Asp. 35 . 2 W. Rob. 52 ... . 7H. &N. 96; 30L. J. Ex. 371 . Cowp. 636; 1 T. R. 168n. . 3B. &P. 119 . 3 B. & Aid. 237 . 4 Hare, 106 .... 3M. &S. 456; 4 Camp. Ill 4 Camp. 107 . . . . L. R. 3 Ad. 516 ; 41 L. J. Ad. 39 ; 26 L. T. 202; 20W. R. 927; 1 Asp. 246 ... . 8 P. D. 132; 52 L. J. Ad. 74; 49 L. T. 232 ; 5 Asp. 123 11 P. D. 120; 55 L. J. Ad. 56; 55 L. T. 552; 34 W. R. 744; 6 Asp. 28 . . . . 3Esp. 64; 2 Camp. 556 n. . 5 Ch. D. 282 ; 46 L. J. Oh. 277 ; 36 L. T. 603 ; 25 W. E. 328 ; 3 Asp. 424 5B. &C. 167; 7D. &R. 818; 2 C. &P. 132 . lOP. D. 65; 54L. J. Ad.56; 52 L. T. 438; 33 W. R. 659; 5 Asp. 365 2 C. Rob. 104 ... . 149, 157 85, 242, 400, 403, 628, 686 426, 429, 436 731 510 228, 632 485 691, 747 76, 77, 500, 734 670 Addenda, 257 152, 300, 302, 308, 338 734 344, 349 715 521 333, 400, 402 458, 460 586 675, 678, 681 228, 632 784, 736 509, 511 327 36, 404 389 262, 327 417 186, 138 173 404 562, 568, 570 70 400 76 275, 281 567, 659 289 Ixxviii •INDEX TO CASES. The r^erenoes in the third colmrm are to (he sections of the booJi. NAME OF CASE. Eisoluto, The . EitoMe V. Atkinson . Eiver "Wear Commission- ers V. Adamson Eobert Dixon, The . Eobertson v. Clarke . Eobertson v. Ewer . Eobins v. Power Eobinson v. Bland . Eobinson v. EInights Eobinson v. Lyall Eobinson v. Price Eobinson v. Turpin . Eocher v. Busher Eockett V. Clippingdale . Eoderick Dhu, The . Eodger v. The Comptoir d'Esoompte de Paris Eodgers v. Forresters Eodocanachi v. Elliott Eodooonachi v. Milbum Eoe, The . . Eoebuck, The . Eoecliff, The . Eoelandts v. Harrison Eohl V. Parr Eomhey Marsh, Jurats of, V. Trinity House Eona, The Eona, The, and The Ava . Eookwood, The Eosalie, The (Collision) . Eosalie, The (Salvage) ; Eosalind, The . Eosario, The . Eoscow V. Corson Eose of England, The Eosehaugh, The . . Eosetta, The . Eosetto V. Gumey . . . 8P. D. 109; 52L. J. Ad.46; 48 L. T. 909; 31 W. E. 657; 5 Asp. 93 , 10 Bast, 295 ... . IQ. B. D. 546; 2 Ap. Ca. 743; ■46L.J.Q.B.82; 37L.T.543; 24W. E. 872; 3 Asp. 521 4 P. D. 121; 5P.D. 54; 42L.T. 344; 28W.E.716; 4 Asp. 246 1 Bing. 445; 8 J. B. Moore, 622 1 T. R. 127 4 C. B. N. S. 778 ; 27 L. J. 0. P. 257; 4 Jur.N. 8. 810 . 2 Burr. 1077 ; 1 W. Bl. 234, 256 . L. R. 8C. P. 465; 42L. J. C. P. 211 ; 28 L. T. 820-; 21 W. E. ■ 683 ; 2 Asp. 19 . . . ■. 7 Price, 592 2 Q.B.D.91, 295; 46 L. J. Q. B. 651; 36 L. T. 354; 25 W. E. ■469; 3 Asp. 407 . . ■. Peake, 203, (151)n. . 1 -Stark. 27 [1891] 2 Q. B. 293 ; 60 L. J. Q. B. 782; 64L. T. 641 . Sw. 17V I/. R. 2 P. C. 393 ; 5 Moo. P. C. N. S. 538; 38 L.J. P. C. 30; 21 L. T. 33; 17 W. E. 468; 3 M. L. C. 271 . 2 Camp. 483 ... . L. E. 8C. P. 649; 9 C. P. 518; 43 L. J. 0. P. 255; 31L. T.239 17Q. B. D. 316; 18Q. B. D. 67; 56 L. J. Q. B. 202; 56 L. T. 694; 35W.R. 241; 6 Asp. 100 Sw. 84 31L. T. 274; 2 Asp. 387 . L. R. 2 Ad. 363; 38 L. J. Ad. 66; 20L. T. 586; 17W. R. 745 . 9 Ex. 444; 23L.J.EX.169; 2 0. L.R. 996 .... 1 Esp. 446 L. R. 6 Ex. 204; 7 Ex. 247; 41 L. J. Ex. 106; Reported below, 22 L.T. 446; 18 W.R. 869 51L.T. 28; 5 Asp. 269 . 29 L. T. 781 ; 2 Asp. 182 . lOT.L. R. 314 . . . ■. 5 P.D. 245; 50L. J. Ad. 3; 44 L.T. 32; 4 Asp. 384 648 274 230 lSp.188 701,745 12 L. T. 563 ; 2 M. L. C. 220 . 702 2P. D. 41; 46 L.J. Ad. 62; 35 L.T. 816; 3M. L. C. 334 . 741 8 Taunt. 684 .... 215, 219 59L. T. 262; 6 Asp. 304 . . 681 lSp.267 . . • . . 693 • 69L. T. 342; 6 Asp. 310 . . 670 11 C. B. 176 ; 20 L. J. C. P. 257 ; 15Jur.ll77 .... 261 634, 714 412, 413 219 497, 502, 604 274 405 295 325 405, 406 516 442 378, 390, 396, 398 151, 164 365 276, 302, 327, 368 701, 703 61,63 639 278 360, 361 631 136, 209, 353, 367 675, 681 Addenda, 169 671 INDEX TO CASES. Ixxix The r^erences m the third column are to the sections of the book. SAME OF CA.BE. Eosevear, China Clay Co., Ex parte. In re Cock Ro8s V. Hunter Eoss V. Walker Eothbury, The . Eonx V. Salvador Eowe V. Piokford Eoyal Arch, The Eoyal Exchange Shipping Co. V. Dixon Eoyal Family, The . Eoyal Mail S. P. Co. v. English Bank of Eio de Janeiro Eoyal Stuart, The EoyaUst, The . Eubicon, The . Euby Queen, The Enck V. Hatfield Eucker v. AUnutt Euckers, The . Eussell V. Niemann REPOBTS. 11 Ch. D. 660; 48 L.J. Bank, 100; 40 L. T. 730; 27 W. R. 591 ; 4 Asp. 144 .. . 4T. E. 33 2 "Wils. 264 13 P. D. 119; 67 L.J. Ad. 99; 69L. T. 672; 37 W. R. 158; 6 Asp. 332 .. . 3 Bing. N. C. 266 ; 2 Hodges, 209 ; 4 Scott, 1 . . . . 8 Taunt. 83; 1 J. B. Moore, 526 Sw. 269 12 Ap. Ca. 11 ; 56 L. J. Q. B. 266 ; 56L. T. 206; 36W. E. 461; 6 Asp. 92 (iS'ee Newall ■;;. Eoyal Exchange Shipping Co.) 31L. T. 704; 2 Asp. 421 19tQ. B. D. 362; 67 L. J. Q. B. 31; 36 W. E. 105 . 378 216, 219 609, 514, 576 259, Appendix No. 5 260 389 77, 421, 424, 430, 432, 434, 436, 454, 460, ■463, 747 236, 251, 357 64 242, 296 421, 443 2 Sp. 258 B. &L. 46; 32 L. J. Ad. 105; 9 Jur. N. S. 852 . . . . 22 3Hagg. 9 18,420,421 Lush. 266 640, 681 5 B. & A. 632 . . . . 330, 380 16 East, 278 . . . .194 4 C. Eob. 73 ... . 586, 637 17C. B. N. S.163; 34L.J.C.P. 10; 10L.T.786; 13W.E.93-; 2 M. L. C. 72 . . . . 345, 359, 366, 368 S. Sabina, The Sack V. Eord Sadler v. Dixon Sailing Ship "AUerton," &c. Sailing Ship "Garston," &c. St. Audries, The St. Catherine, The . St. Cloud, The . St. Lawrence, The . St. Nicholas, The . St. Olaf, The . Salacia, The (Priority of liens) Salacia, The (Salvage) Salisbury v. Townson Salomons v. Nissen . Salt Union v. Wood . 7 Jur. 182 723 13 0. B.N. S. 90; 32 L.J. C. P. 12; 9 Jur. N. S. 750 (8ee Dixon v. Sadler) l8ee "Allerton" Sailing Ship, &c.) (See "G-arston" Sailing Ship, Ac.) 54L. T. 278; 5 Asp. 652 . 3 Hagg. 250 .... B.&.L.4; 8L.T. 54; IM.L.C. 309 361,366 254 673, 680 425, 426, 433 5P. D. 250; 49L. J. Ad. 82 Lush. 29 L. E. 2 Ad. 360 ; 38 L. J. Ad. 41 ; 20L. T. 768; 17W. E. 743; 3 M. L. C.241 . . . . Lush. 546; 32 L.J. Ad. 41; 7 L. T. 440; IM.L.C. 261 . 2 Hagg. 262 . . . . 1 Burr. 341 ; Millar, Ins. 418 . 2 T. E. 674 [1893] 1 Q. B. 370; 62 L. J. M. C. 75; 68L. T. 92 . 461 737 122, 639 81, 83, 510 703, 720, 728, 731, 738 187 398 3,617 Izzx INDEX TO CASES. The Terences in the third column a/re to tlie sections qf the book. NAME OF CASE, Salvador v. Hopkins Samuel, The Sandeman v. Scurr . Sanders v. VanzeUer Sanderson v. Basher Sanguinetti v. Pacific Steam Nav. Co. San Jos6 Primeiro, The . San Eoman, The Sansinena v. Houston Santipore, The . Sappho, The . Sara, The . Saragossa, The Sarah, The (Salvage award) Sarah, The (Salvage ser- vices) Sarah Bell, The Sarah Christina, The Sarah Jane, The Saratoga, The . Sargent v. Morris Sarpedon, The Cargo ex . .Saunders v. Drew Saville V. Campion . Scaife v. Tobin . Scaramanga v. Martin Scaramanga v. Stamp Sceptre, The Sohilizzi V. Derry Schiller, The Cargo ex Schloss V. Heriot Schmidt V. R. M. S. Co. . Schotsmans v. L. & T. Ry. Co. Schroder v. Thompson Schuster v. Fletcher Schuster v. McKellar 3 Burr. 1707 . . . . 15Jur. 407 L. R. 2Q. B. 86; 36 L. J. Q. B. 58; 8B.&S.50; 12L.T.608; 15W.E. 277; 2 M. L. 0.446 4Q. B. 260; 3 a. &D. 580; 11 L. J. Q. B. 497 ... 4 Camp. 54 n 2 Q. B. D. 238 ; 46 L. J. Q. B. 105 ; 35L. T. 658; 25W. R. 150; 3 Asp. 300 3L. T. 513; IM. L. C. 5 . L. R. 3 Ad. 583; 5 P. C. 301 ; 42 L. J. Ad. 46 ; 28 L. T. 381; 21 W. R. 393; 1 Asp. 603 66L. T.246; 68L. T. 567; Re- ported below, 7 Asp. 150 ISp. 231 L. R. 3 Ad. 142; 3 P. C. 690; 8 Moo. P. C.N. S. 66; 40 L. J. Ad. 47; 24 L. T. 795; 1 Asp. 475 12 P. D. 158 ; 14 Ap. Ca. 209 ; 58 L.J. Ad. 57; 61 L. T. 26; 38 W.E. 129; 6 Asp. 413 . 68L. T. 400; 69L. T. 664 1 C.Rob. 312n 3 Asp. 3P. D. 39; 37L.T. 831; 542 . 4 N. of C. 144 1 0. Rob. 237 2 W. Rob. 110 Lush. 318 . 3 B. & Aid. 277 (See The Cargo ex Sarpedon) 3 B. & Ad. 445 2 B. & Aid. 503 3 B. & Ad. 523 52L.T.764;53L.T.810;1 C. & E. 500; 5 Asp. 506 . 4 C. P. D. 316; 5 C. P. D. 295; 49L.J.C.P.674;42L.T.840; 28W.R. 691; 4Asp. 295 35 L. T. 429 ; 3 Asp. 269 . 4E.&B.873; 24L. J.Q.B.193; 1 Jur. N. S. 795 .. . {See The Cargo ex Schiller) 14 0. B. N. S. 59 ; 32 L. J. C. P. 211; 8 L. T. 246; 11 W. E. 596; IM.L. 0.335 45 L. J. Q. B. 646 ; 4 Asp. 217 n. L. R. IBq. 349; 2 Ch. 332; 36 L.J. Ch. 361; 16 L. T. 189; 15W. R. 537; 2M. L. C. 485. 7 Taunt. 462 ; 1 J. B. Moore, 163 3 Q. B. D. 418; 47 L. J. Q. B. 530 ; 26 W. B. 756 ; 3 Asp. 577 7E.&B.704; 26L. J.Q.B.281; 3 Jur. M". S. 1320 . SECTION. 187 696, 734, 747 250, 255, 301, 306, 356, 379 268, 350 171, 174 152, 300, 308 512, 524 212 368 696, 739 702, 703, 706, 720 70 677, 679, 680 720 701, 741 718, 731 257 703, 733 576, 701, 714, 728 339 276 301 294 327 176, 214, 728 118 159, 360 295 357 370, 371, 378, 379, 380 206 296 330, 343 INDEX TO CASES. Ixxxi Tlie r^erenoes in the third column are to the sections of the hooli. NAME OF CASE HEPORTS. SECTION. Sohwalbe, The . . Lush. 239; 14 Moo. P. 0. 241 ; 4 L.T. 160; IM. L.O. 42 573 Sohwan, The . . [18921 P. 419 ; 69 L. T. 34 . 642 Scindia, The (Salvage— L. E.'l P. C. 241; 4 Moo. P c! Award) N. S. 84 . 720 Soindia, The (Salvage— 2 M. L. 0. 232 . 739 Misconduct) Scotia, The . 63L. T. 324; 6 Asp. 641 . 681 Scott V. Pettit . . 3 B. & P. 469 . 382, 385, 388, 389 Scott V. Thompson . 1 B. &. P. N. E. 181 . 208, 212, 220 Scout, The . L.E. 3 Ad. 512; 41 L.J. Ad. 42; 26 L. T. 371 ; 20 W. E. 617 ; 1 Asp. 258 . 705 Sea Nymph, The . Lush. 23 ... . . 681 Sea Queen, The . (See The Lloyds) Seaton, The . . 9 P. D. 1; 53 L.J. Ad. 15; 49 L.T. 747; 32 W. E. 600; 5 Asp. 191 . 673, 677 Seccombe v. Wood . 2M. &Eob. 290. 631, 636 Secret, The . 26 L.T. 670; 1 Asp. 318 . 635, 636 See Nymphe, The . 3 Asp. 557 n. . . . 701 See Eeuter, The . 1 Dods. 22 . 21 Seeger v. Duthie . 8 C. B. N. S. 45, 72 ; 30 L. J. c! P. 65; 3 L.T. 478; 7 Jur. N.S. 239; 9 W. E. 166; 1 M. L. C. 3 .... . 142, 314 Segredo, The . . (See The Eliza Cornish) Selina, The . 2]Sr. ofC. 16 . 462, 723 Sellar v. McVicar . 1 B. & P. N. B. 23 184 Senat v. Porter . 7 T. E. 158 . 234 Serafina, The . . B. &L.277. 436 Serraino v. Campbell . 25 Q. B. D. 501 ; [1891] 1 Q. B." 283; 60 L. J. Q. B. 303; 64 L.T. 615; 39 W. E. 356; 7 Asp. 48 ... . . 307, 345, 368 Seward v. Owners of Vera (See The Vera Cruz) Cruz Sewell V. Burdick . (See Burdick ^i. Sewell) Shadforth v. Higgin . . 8 Camp. 383 •. . 141 Shallcross v. Oldham . 2 Johns. & H. 609 ; 6 L. T. 824 ; Shand v. Sanderson . Sharpley v. HurreU . Shaw, Savill, & Co. v. Aitken Shaw, Savill, & Co. v. Timaru Harbour Board Shepard v. De Bernales . Shepherd v. Harrison Shepherd v. Kottgen Sherman v. Bennett. Shersby v. Hibbert . Shield V. Wilkins Shields v. Davis Shipton V. Thornton Shore v. Bentall low. E. 291 .... 66 4 H. & N. 381 ; 28 L. J. Ex. 278 303, 304 Cro. Jac. 208 ... . 428 1 0. & E. 195 . . . . 267 15 Ap. Ca. 429; 59 L. J. P. C. 77 ; 62 L. T. 913 ; 6 Asp. 521 . 228, 571 13 East, 566 ... . 268, 290 L. E. 4 Q. B. 196, 493 ; 5 H. L. 116; 40 L. J. Q. B. 148 ; 24 L. T. 857; 20 W. E. 1; |1 Asp. 66 . . . . . . 339, 342, 344, 365, 370 2 0. P. D. 585; 47 L. J. C. P. 67 ; 37L. T. 618; 26W. E. 120; 3 Asp. 644 295 1 M. & M. 489 . . . . 504 (See The Duke of Manchester) 5 Ex. 304 ; 19 L. J. Ex. 238 . 159 6 Taunt. 66 ; 4 Camp. 119 . . 85, 274, 314 9 A. & E. 314 ; 1 P. & D. 216 . 266, 267 7B. &C. 798n; IM. &E. 111. 98,102 / Ixxxii INDEX TO CASES. The rtfereaces in the third column are to the sections of the hook. NAME OF CASE. Short V. Simpson Sieveking v. Maas . Siffken v. Wray Sigard v. Eoberts Silesia, The Silver Bullion, The . Simmonds v. Bose . Simon v. Sedgwick . Simonds v. Hodgson Sims V. Bond . Singapore, The, and The Hebe Siaquasi, The . Siordet v. Brodie Sir Charles Napier, The . Sir Henry Webb, The ^ . Sir Balph Aberorombie, The Sisters, The Skandinar, The Skibladner, The Slater v. Le Fenvre Slubey v. Heyward Small v. Moates Smidt V. Tiden Smiths. Bank of N.S.W. Smith v. Brown Smith V. Goss . Smith V. Gonld Smith v. Hudson Smith V. Kirby. Smith V. Plnmmer Smith V. Pyman Smith V. Eeadshaw . Smith V. Eosario Nitrate Co. Smith V. St. Lawrence, &c. Co. Smith V. Scott . Smith V. Shepherd . Smith V. Sieveking . L. E. 1C.P.248; 1H.&E.181; 35 L. J. C. P. 147; 13 L.T. 674; 14W.E. 307; 12 Jur.N. S. 258 6E.&B.670; 25L.J.Q.B.358; 2Jnr.N. S. 615 . 6 Bast, 371 3Bsp. 71 5 P. D. 177; 43 L. T. 319; 29 W.E. 166; 4 Asp. 338 . 2Sp. 70 . . . 10 T. L. E. 125 . [1893] 1 Q. B. 303; 62 L. J. Q. B. 163 ; 67 L. T. 785 ; 7 Asp.219 3 B. & Ad. 60; 3 M. & P. 385; 6 Bing. 114 5 B. & Ad. 389 ; 2 N. & M. 608 . L. E. 1 P. 0. 378 ; 4 Moo. P. C. N. S. 271 5P. D. 241; 60 L.J. Ad. 5; 43 L.T. 768; 4 Asp. 383 . 3 Camp. 253 ... . 5P. D. 73; 49 L.J. Ad. 23; 42 L.T. 167; 28 W. E. 718; 4 Asp. 231 13 Jur. 639 L.E. 1 P. C. 454; 4 Moo. P. C. N. S.374 IP. C. 117; 45L. J. Ad. 39; 34 L. T. 338; 24 W. E. 412; 3 Asp. 122 61L. J.Ad. 93 . . . . 3P. D. 24; 47 L.J. Ad. 84; 38 L,T. 160; 3 Asp. 566 . (Bee NiohoUs v. Le Feuvre) 2H. Bl. 604 . . . . 9 Bing. 574; 2 M. & Scott, 674 . L. E. 9 Q. B. 446 ; 43 L. J. Q. B. 199; 30 L.T. 891; 22 W.E. 913; 2 Asp. 307 {Bee The Staffordshire) L. E. 6 Q. B. 729 ; 40 L. J. Q. B. 214; 24 L.T. 808; 19 W.E. 1165; 1 Asp. 56 . 1 Camp. 282 ... . {Bee The Prince George) 6B. &S.431 . . . . 1 Q. B. D. 131 ; 24 W. E. 207 . IB. & Aid. 675 . . . . (1891) 1 Q. B. 742 ; 60 L. J. Q. B. 621 ; 64 L. T. 436 ; 39 W. E. 466; 7 Asp. 7. 2 Park, Ins. 708 . [1893] 2 Q. B. 323 ; [1894] 1 Q. B. 174 L. E. 5P. C. 308; 28L. T. 885; 21W. E. 669; 2 Asp. 41 4 Taunt. 126 . . . . 11 Ex. 622 (cited) 4B. &B. 945; 5E. &B. 589; 2 Jur. N. S. 1135 351, 353, 354 223 372, 373, 383 496, 506 734 691, 711, 734 Addenda, 335 185, 194 424, 426 315 671 576, 634 79 63 402 728, 737 631 280 701, 736, 737 393 301, 302, 303, 306 309, 329 637 386, 392, 396 389 642, 652 68 276, 277 172 Addenda, 168 634 361 368 307, 345 INDEX TO CASES. Ixx3:iii T/je r^erences in the third column are to the sections of the hook. NAME OF CASE. Smith V. Steele Smith V. Surridge . Smith V. Tregarthen Smith V. Wilson Smurlhwaite v. Wilkins Smyrna, The . Snee v. Presoot Soares v. Bahn . Scares v. Thornton Soblomsten, The Sodergren v. Flight . Solly V. Whitmore . Somes V. Sugrue Sophia Coot, The . Southampton Steam Col- liery Co. V, Clarke Southgate, The Southport, Mayor of, &c., V. Morriss South Sea, The Spaight V. Famworth Spaight V. Tedoastle Spalding v. Ending . Spence v. Chadwick . Spirit of the Age, The Spirit of the Ocean, The Spree, The Staadt Embden, The StafEordshire, The . Stainbank v, Fenning Stainbank v. Shepard Stakesby, The . Stamma v. Brown Standard, The . Stanes v. Parker Staumore, The . Stanton v, Austin L. R. 10 Q. B. 125 ; 44 L. J. Q. B. 60 ; 32 L. T. 195 ; 23 "W, R. 388; 2 Asp. 487 . 4Esp. 25 66L.J. Q. B.437; 57 L. T. 58; 35W. R. 665; 6Asp. 137 8 East, 437; 6 M. & S. 78 . 11 0. B. N. S. 842 ; 31 L. J. C. P. 214; 5L. T. 842; lOW.R. 386 ; 1 M. L. 0. 198 2 Moo. P. C. N. S. 435; 11 L. T. 74; 2M. L. C. 93 . 1 Atk. 245 _ (See The Prince of Saxe Cobourg) 7 Taunt. 627; 1 J. B.Moore, 373 L. R. 1 Adm. 293 ; 36 L. J. Ad. 5; 15L.T. 393; 15W.R.591; 2M. L. C. 4S6 6 East, 622 (cited) 5 B. & Aid. 45 . . 4 C. & P. 276, 284 . . 4P. D. 30 L. E. 4 Ex. 73 ; 6 Ex. 53 ; 40 L. J. Ex.8; 19L.T. 651; 19W.R. 214; 3M. L. C. 197 [1893] P. 329 . . . . [1893] 1 Q. B. 359 ; 62 L. J. M. 0. 47 ; 68 L. T. 221 ; 41 W. E. 382 Sw.l41 6 Q. B. D. 115; 49 L. J. Q. B. 346; 42 L. T. 296; 28 W. E. 608 ; 4 Asp. 251 . 6 Ap. Ca. 217 ; 44 L. T. 509 ; 29 W. E. 761 ; 4 Asp. 406 . 6 Beav. 376 ; 15 L. J. Ch. 374 lOQ. B. 517; 16 L. J. Q. B. 313 ; lOJur. 872 . . . . Sw. 286 B. & L. 336 ; 34 L. J. Ad. 74; 12 L. T. 239 ; 2 M. L. 0. 192 [1893] P. 147; 69 L. T. 628 1 C. Eob. 26 ... . L. E. 4 P. 0. 194; 41 L. J. Ad. 49 ; 27 L. T. 46 ; 8 Moo. P. C. N. S. 443; 20 W. E. 657; 1 Asp. 101, 365 . lie. B. 51; 20L. J. C. P. 226; 15 Jur. 1082 .... 13 0. B. 418; 22 L.J. Ex. 341; 10. L. R. 609; 17 Jur. 1032 . 15 P. D. 166; 59 L. J. Ad. 72; 63 L. T. 115; 39W. E. 80; 6 Asp. 532 .. . 2 Str. 1173 ... Sw.267 9 Beav. 385 10 P. D. 134; 54 L.J. Ad. 89; 53 L. T. 10; 5 Asp. 441 L. E. 7 0. P. 651 ; 41 L. J. 0. P. 218 ... . 467, 569 206 327, 335 144, 269, 273 352 681 377 216, 219, 221 265, 269, 272, 282, 283 291 195, 197 412, 413 428 247 Addenda, 259, 364 25 650 280 575, 634 399 360 704, 728, 729, 735 642 703, 737 257 421, 425, 427, 444 424, 425, 427, 438 402,418,424,425,43.3, 453 218 444 487 675 158, 248 Ixxxiv INDEX TO CASES. The references in the third, colwmm are to the sections qfihe book. NAME OF CASE. Stanton v. Banks Stanton v. Richardson Star of India, The . Star of Persia, The . Steamship " County of Lancaster" v. Sharp Steel V. Lacy . Steele. State Line S.S. Co. Steinman v. Angier Line . Stella, The Stephen "Wright, The Stephens v. Broomfield Stephens v. Harris . Stettin, The (Bill of Lad- ing) Stettin, The (Pilot) . Stevens v. Gourley . Stewart v. Hall Stewart v. Eogerson Stewart v. West India, &c., S.S. Co. Stewart v. Wilson . StUk V. Myrick . Stimson v. Hall Stindt V, Roberts Stock V. Inglis . Stone V. Cartwright Stonehouse v. Gent . Stoomvaart Maatschappy Nederlands v. P. and 0. ' S. N. Co. Storer v. Gordon Stormcock, The Stornoway, The Story, Ese parte Straker v. Hartland 27L. J. M. C. 105; 4 Jar. N. S. 332 (See Reg. v. Stanton) L. R. 7 C. P. 421 ; 9 C. P. 390 ; W. N. (1875), 154 (H.L.); 45 L. J. C. P. 78; 33 L. T. 193; 24W. R. 324; 3 Asp. 23 1 P. D.466; 45 L. J. Ad. 102; 35L. T.407; 25W.R. 377; 3 Asp. 261 57L. T. 839; 6 Asp. 220 . (See County of Lancaster, &c.) 3 Taunt. 285 ... . 3 Ap. Ca. 72; 37 L. T. 333; 3 Asp. 616 [1891] 1 Q. B. 619 ; 60 L. J. Q. B. 425; 64 L. T. 613; 39 W. R. 392; 7 Asp. 46 L. R. 1 Ad. 340 ; 36 L. J. Ad. 13 ; 16L. T. 335; 15W,R. 936; 2 M. L. C. 605 . . . . 12 Jur. 732 (See The Great Pacific) 56 L.J. Q. B.616; 57L.J.Q.B. 203 ; Reported below 57 L. T. 618 ; 6 Asp. 192 . 14 P. D. 142; 58 L.J. Ad. 81; 61 L.T.200; 38W.R.96; 6 Asp. 395 B. & L. 199 ; 31 'l. J. Ad.' 208 '; 6L. T. 613; IM. L.C. 229 . {8ee The Cleadon) 2 Dow, 29 .... L. R. 6 0. P.424 L. R. 8 Q. B. 88, 362 ; 42 L. J. Q. B. 84, 191; 28 L. T. 742; 21 W. E. 953; 2 Asp. 32 . 12 M. & W. 11 ; 18 L. J. Ex. 27 ; 17 Jur. 1020 . 2 Camp. 317 ... . 1 H. & N. 831 ; 26 L. J. Ex. 212 2 0. B. 712; 17L. J. Q. B. 166; 5D. &L. 460; 12 Jur. 518 . 9 Q. B. D. 708; 12Q. B. D.564; 10 Ap. Ca. 263 ; 54 L. J. Q. B. .582; 62 L. T. 821; 33 W. R. 877 ; 5 Asp. 422 . 6 T. B. 411 ; 3 R. R. 220 . 2Q. B. 431n (See The Khedive) 3 M. & S. 308 . 53L. T. 63; 5 Asp. 470 . 61 L. J. Ad. 27 ; 46 L. T. 773 ; 4 Asp. 529 3 Q. B. D. 166 ; 47 L. J. Q. B. 266 ; 38 L. T. 29 ; 26 W. R. 329 ; 3 Asp. 549 .. . 2 H. & M. 570 ; 34 L. J. Ch. 122 ; UL. T. 622; 2M. L.C. 159 . 563 90,91 648 720 120 90, 91, 98, 357, 363 364 722, 749 509 169 319 562, 563, S69 87,88 158, 269 296 106 468, 601 282 156, 316 349 89 404, 407 269 634 305, 318 46,47 652 INDEX TO CASES. Ixxxv The rtferences in the third column are to the sections of the boo7;. NAME OP CASE, Strang v. Scott Strathnaver, The Stribley v. Imperial, &o., Co. Stringer v. English, &c., Ins. Co. Stuart V. British and Afri- can, &e., Co. Stuart v. Isemonger Stumore v. Breen Suart V. Haigh Success, The Sultan, The . Sultan, The Cargo ex Sunniside, The Supply, H.M.S. Susan, The Svendsen v. "Wallace Swainston v. Garrick Swallow, The . Swan, The Swanland, The . Sweet V. Pym . Sydney Cove, The Syeds v. Hay . Syers v. Bridge Sylph, The Sylvia Sonto, The Syrian, The 14 Ap. Ca. 601 ; 69 L. J. P. C. 1 61 L. T. 597 ; 38 W. E. 452 6 Asp. 419 1 Ap. Ca. 58; 34 L. T. 148; i Asp. 113 . I Q. B. D. 507 ; 45 L. J. Q. B 396; 34 L. T. 281; 24 W. E 701 ; 3 Asp. 134 . L. E. 4 Q. B. 676; 5 Q. B. 699 lOB. & S. 770; 39L. J. Q. B 214; 22 L. T. 802; 18 W. E 1201; 3M. L. C.440 . 32L. T. 257; 2 Asp. 497 . (See The Diana— Pilot) 12Ap. Ca. 698; 56 L. J. Q. B. 401 95 L. T. Journal, 133 . IDods. 132 . . . . {See Baumvoll, &c., v. Gilchrest) (Se6 The Cargo ex Sultan) 8 P. D. 137 ; 62 L. J. Ad. 76 ; 49 L. T. 401; 31 W. E. 859; 5 Asp. 140 12 L. T. 799 ; 2 M. L. C. 262 . 2Hagg. 229n II Q. B. D. 616; 13Q. B.D. 69; 10 Ap. Ca. 404; 54 L. J. Q. B. 497; 52 L. T. 901; 34 W. E. 369 ; 5 Asp. 453 .. . 2L. J. Ex. 255 . . . . 36 L. T. 231 ; 3 Asp. 371 1 W. Eoh. 68 2 Sp. 107 . ... 1 East, 4 2 Dods. 1, 11 ... . 4T. E. 260. 2 Doug. 527 .... L. E. 2 Ad. 24; 37 L. J. Ad. 14; 17L. T. 619; 3M. L. C. 37 . (Unreported) .... 14L. T. 833; 2M. L. C. 387 . 251, 295 646, 693 84 758 214 329, 332, 334 88 715 720 654 505 209, 246, 296 254, 256 681 701, 708, 739, 747 645 372 429,460,461,463,510 324 201 613, 637 82, 461 727 Tait V. Levi Talabot, The . Tamvaco v. Simpson Tanner v. Scovell Tapley v. Martens . Tapscott V. Balfour . Tartar, The . Tasker v. Cunningham 14 East, 481 . . . . 15 P. D. 194; 63 L. T. 812; 6 Asp. 602 L. E. 1 C. P. 363 ; 1H.&E.374; 35 L. J. C. P. 196; 14 L. T. 893; 14 "W.E. 376; 2 M.L.C. 249,383 14M. &W. 28 . 8 T. E. 451 L. E. 8 C. P. 46 ; 42 L. J. C. P. 16; 27 L. T. 710; 21 W. E. 245; 1 Asp. 501 . IHagg.l 1 Bligh, 87 100, 218 681 276, 291 393, 394 268 158, 166 18, 420, 421, 425, 432 184 427, Ixxxvi INDEX TO CASES. Th£ references in the third column are to the sections of the booh. NAME OP CASE. Tasmania, The (Collision) Tasmania, The (Maritime Lien) Tate V. Meek . Tattersall v. National S.S. Co. Taylor v. Clay . Taylor v. Laird Taylor v. Liverpool, &c., Steam Co. Taylor v. Woodness T. C, In re Tecumseh, The Tees, The Temora, The . Test, The . Teutonia, The . Thacker v. Moates . Thames and Mersey, &o., Co. V. Hamilton Tharsis Sulphur &c., Co., V. CuUiford Tharsis Sulphur, &c., Co. 13. Morel ThelluBon v. Ferguson Theodore, The . Theodore H. Band, The . Thetis, H.M.S. . Thetis, The Thiis V. Byers . Thin V. Bichards Thomas v. Clarke Thomas v. Eoyal Ex. Ass. Co. Thomas Allen, The . Thomas Blyth, The . Thomas Fielden, The Thomas Joliffe, The . Thomas Worthington, The Thompson v. Colvin . Thompson v. Dominy Thompson v. Farrer . 14 P. D. 53; 15 Ap. Ca. 223; 63 L. T. 1 ; 6 Asp. 617 13 P. D. 110; 57 L. J. Ad. 49; 69L. T. 263; 6Asp. 305 8 Taunt. 280; 2 Moo. 278 . 12Q. B.D. 297; 53 L. J. Q. B. 332; 60 L. T. 299; 32 "W. E. 666; 5 Asp. 206 . 9Q. B. 713; 16 L. J. Q. B. 44; llJur.277 . . . . 1 H. & N. 266; 25 L. J. Ex. 329 L. E. 9 Q. B. 546; 43 L. J. Q.B. 205; SOL. T. 714; 22 W. E. 752; 2 Asp. 276 . 2 Park, Ins. 707 . 11 Ir. Eep. Eq. 151 . 3 W. Eob. 144 . Lush. 505 . Lush. 17 . 3 Hagg. 307 L. E. 3 Ad. 394; 4 P. C. 171; 8 Moo. P. C. N. S. 411; 41 L.J. Ad. 67; 26 L. T. 48; 20 W. E. 421 ; 1 Asp. 214 . IM. &Eob. 79 . . . . {See Hamilton v. Thames, &o.) 22W. E.46 [1891] 2 Q. B. 647 ; 61 L. J. Q. B. 11; 65 L. T. 659; 40 W. E. 58; 7 Asp. 106 Dougl. 361 8w. 361 12 Ap. Ca. 247; 56 L. J. Ad. 66; 56L. T. 343; 36 W. E. 781; 6 Asp. 122 3 Hagg. 14; 2 Knapp, 390 . L. E. 2 Ad. 366 ; 38 L. J. Ad. 42 ; 22L. T. 276; 3 M. L. C. 357 . 1 Q. B. D. 244; 45 L. J. Q. B. 511; 34 L. T. 626; 24 W. E. 611 ; 3 Asp. 147 .. . [1892] 2 Q. B. 141 ; 62 L. J. Q. B. 39; 66 L. T. 584; 40 W. E. 617; 7 Asp. 165 . 2 Stark. 452 ... . 1 Price, 196 .... 680 640 302 91, 357 165 61, 497 357, 363, 364 174 76 19, 69, 71 701 562 468, 605, 506, 507 212, 270, 283, 365 67, 76, 406 306, 318, 331 158 137, 182 734 676 703, 740 214 166 90,98 257 210 12 Ap. Ca. 118; 56 L. T. 285; 6 Asp. 99 . . . .720 Lush. 16 728 32L. J. Ad. 61 .... 720,730 {8ee The Avon and The Thomas Jolifee) 3 W. Eob. 128 .... 61,62,500 1 Lloyd & W. 140 . . . 413, 414 14 M. & W. 403 ; 15 L. J. Ex. 320 339,350 9 Q. B. D. 372 ; 51 L. J. Q. B. 634 ; 47L. T. 117; 4 Asp. 562 . 529 INDEX TO CASES. The references in the third column are to the sections of the booh. Ixxxvii NAME OF CASE, Thompson v. Gillespy Thompson v. Havelock Thompson v. Hopper Thompson v. Eoyal Ex. Ass. Co. Thompson v. Small . Thompson v. Trail . Thompson v, Whitmore . Thorman v. Burt Thornley, The . Thrift V. Youle . Thnringia, The . Thyatira, The (No. 1) . Thyatira, The (No. 2) Ticonderoga, The Tigress, The Timor, The Tindal W.Bell . Tindall v. Taylor Tirzah, The Titia, The Tobago, The . Todd V. Eitchie Toivo, The Tonlmin v. Anderson Toulmin v. Inglis Towle V. Great Eastern . Townson v, Guyon . Towse V. Henderson . Train v. Bennett Transit, The . Trantor v. Watson . Trask v. Dowie . Trask v. Maddox Trelawuey, The Tremont, The . Trent Navigation v. Wood Trident, The . Trinity House, The, v. Clark Tronson v. Dent Troubadour, The True Blue, The (Derelict) . 6 E. & B. 209 ; 24 L.J. Q.B. 340; 1 Jur. N. S. 779 ; 3 W. E. 605 278 1 Camp. 527 ... . 66, 84 6E.&B.]74,937;26L.J.Q.B. 18 .95 lM.4feS.31 . . . . 457 1 0. B. 328 ; 14 L. J. C. P. 157 . 291, 317 2 C. & P. 334 ; 6 B. & C. 36 ; 6 D. &E. 31 3 Taunt. 227 1 C. & E. 596; 54 L. T. 349; 6 Asp. 563 .... 7 Jur. 659 2 C. P. D. 432 ; 46 L. J. C. P. 402; 36L. T. 114; 3 Asp. 357 41 L. J. Ad. 44; 26 L. T. 446; 1 Asp. 283 .... 8P. D.155; 52 L.J. Ad. 85; 49 L. T. 406 ; 32 W. E. 276 ; 5 Asp. 147 49L. T. 713; 6 Asp. 178 . Sw. 216 B. &L. 38; 32 L. J. Ad. 97; 8 L. T. 117 ; 11 W. E. 638 ; 9 Jur. N. S. 361; IM. L. C. 323 9 L. T. 397 ; 12 W. E. 219 ; 1 M. L. C. 400 . . . . IIM. &W. 228 . . . . 4 E. & B. 219; 24 L. J. Q. B.12; 3 C. L. E. 199 ; 1 Jur. N. S. 112 4P.D. 33; 48 L.J. Ad. 16; 39 L. T. 647; 27 W. E. 584; 4 Asp. 66 64 L. T. 148 ; 7 Asp. 32 . 6C. Eob. 218 . . . . 1 Stark. 240 .... 1 Sp. 185 1 Taunt. 227 ... . 1 Camp. 421 .... 11 L. T. 516 ; 2 M L. C. 148 2 Park, Ins. 620 . 4 Ex. 890 ; 19 L. J. Ex. 163 3 C. & P. 3 ; M. & M. 82 . 34 L. T. 934; 3 Asp. 233. _ {See The Glaunibanta — Collision) 6 Mod. 11 ; 2 Lord Eaym. 931 . {See The Carrier Dove— Pilot) {See The Carrier Dove — Salvage) 3 C. Eob. 216 n; 4 C. Eob. 223 . 1 W. Eob. 163 ... . 3Esp. 127 1 W. Eob. 29 ... . 4M. &S. 288 . 8 Moo. P. C. 419 . L.E.I Ad. 302; 16L. T. 156; 2 M. L. C.475 . . . .411 L.E.I P. C. 250; 4 Moo. P. C. N. S. 96 720, 731 316, 322, 361 330, 396 329, 332, 635 334, 335 362 649, 685, 687 444,663 444 640 320,322,323,370,371, 377, 382, 396 69 649, 685 316 656, 660 610 453 218 434 220 220 707 180 247, 257 505, 507 78, 458 701, 708 415 358, 587 433, 437 301 235, 260, 265, 266 Ixxxviii INDEX TO CASES. J7(e rrferences in the third column are to the sections of the booh. NAME OP CASE. BEPOETS. SECTION. True Blue, The (Salvors) . 2 W. Bob. 176 .... 701,732 Tucker «. Humphrey . 4 Bing. 516 ; 1 M. & P. 378 . . 370,371,395,396 TuUy i;. Howling . . 2 Q.B.D.182; 46L. J.Q.B.388 ; 36 L. T. 163; 25W. B,. 290; 3 Asp. 368 91 Tolly V. Terry . . . L. E. 8 0. P. 679 ; 42 L. J. • C. P. 240 ; 29 L. T. 36 ; 2 Asp. 61 280,337 Turgot, The . . . 11 P. D. 21 ; 54 L. T. 276 ; 34 W. E. 552 ; 5 Asp. 548 . . 78, 411, 495 Tamer v. Mersey Docks, [1891] P. 216 ; [1892] P. 285 ; &c. [1893] A. C. 468; 63 L. J. Ad. 7; 69L. T. 630. . . 632,641 Turner v. Peat . . . 53 J. P. 230 . . . . 578 Turner v. Trustees of 6 Ex. 543 ; 20 L. J. Ex. 393 . 370, 379, 380 Liverpool Docks Tweedsdale, The . . 14 P. D. 164; 58 L. J. Ad. 41; 61L.T. 371; 37W. E. 783; 6 Asp. 430 667, 674 Two Ellens, The . . L. E. 3 Ad. 345; 4 P. C. 161 ; 8 Moo. P.C.N. S. 398; 41 L. J. Ad. 33 ; 26 L. T. 1 ; 1 Asp. 208 411 Two Friends, The (Sal- 2 W. Bob. 349 .... 704,737 vage — ^Apportionment) Two Friends, The (Sal- 1 0. Eob. 274 .... 706, 707 vors) Two Sisters, The . . 2 W. Eob. 125 . . . .506 U. Uhla, The . . . .19 L. T. 89 ; 3 M. L. 0. 148 . 635, 681 Ulysses, The Cargo ex . {See The Cargo ex Ulysses) Undaunted, The (Salvage) Lush. 90 ; 29 L. J. Ad. 176 . 695,698,701,739 Undaunted, The (Tug and 11 P. D. 46 ; 55 L. J. Ad. 24 ; 54 Tow) L. T. 642 ; 34 W. E. 686 ; 5 Asp. 580 634,714 Uniao Vencedora (other- 33 L. J. Ad. 195 ; 11 L. T. 351 ; wise Gipsy), The 2M. L. C. 146. . .. . 412,413 Union, The . . . Lush. 128 ; 30 L. J. Ad. 17 ; 3 L. T. 280 461, 510 United Service, The . .8 P. D. 56; 9 P. D. 3 ; 53 L. J. Ad. 1; 49L.T. 701; 32 W. E. 565; 5 Asp. 170 . . . 634, 714 Urania, The . . . Sw. 253 630 Urquhart v. Barnard . 1 Taunt. 450 .... 198 Utopia, The, and The Pri- [1893] A. C. 492 ; 62 L. J. P. C. mula -118 632 V. Valente v. Gibbs . 6 C. B. K S. 270 ; 28 L. J. C. P. 229; 5 Jur. N. S. 1213 . . 147 Valieri v. Boyland . . L. E. 1 C. P. 382 ; 85 L. J. C. P. 215; 14 L. T. 362; 14 W. E. 637; 12 Jur.TSr. S. 566; 2M.L.C. 336 335 Vallance v. Dewar . . 1 Camp. 508 .... 187, 204, 206, 207 Vallejo V. Wheeler . . Oowp. 143 96, 215, 216, 217, 219, 221, 301 INDEX TO CASES. Ixxxix The rtferences in the third column are to the sections of the hoolc. NAME OF CA.SE. Valpy V. Gibson Van Baggen v. Baines Van Casteel v. Booker Vandyck, The . Vanguard, The Van Omeron v. Dowick Vanghan v. Fitzhugh Vanx V. ShefEer Velasquez, The . Velocity, The . Venus, The Vera Cruz, The Verdon v. Wilmot . Vernon, The Vertue v. Jewell Vesta, The (Pilotage) Vesta, The (Salvage) Vianna, The Vibaia, The Victor, The Victoria, The (Limitation of Liability Victoria, The (Wages) Victorin v. Oleeve Village Belle, The . Vindobala, The Vindomora, The Vine, The Vinkestone v. Ebden Virgil, The Virgo, The Vivid, The (]!fo. 1) . Vivid, The (No. 2) . Vlierboom v. Chapman Volant, The . Volcano, The Vrede, The Vreede Scholtys, The VrowAnna Catharin a,Th e Vrow Elizabeth, The Vrow Henrica, The . 4C. B. 837; 16 L.J. 0. P. 241; 11 Jur. 826 ... . 9 Ex. 523; 23 L. J. Ex. 166; 2 C. L. E.-543 . . . . 2 Ex. 691 ; 18 L. J. Ex. 9 . 7 P. D. 42 ; 47 L.T. 694; 5 Asp. 17 6C. Rob. 207 . . . . 2 Camp. 42 3 Jur. 1002 {See The Immaganda) L.E.I P.C.494;4Moo.N.S.426; 36 L. J. Ad. 19 ; 16 L. T. 777 ; 16 "W. E. 89 ; 2 M. L. 0. 544 . L. E. 3 P. C.44; 6 Moo. P. C.N. S. 263; 39 L.J. Ad. 20; 21 L. T. 686 ; 18 W. E. 264 . 1 Pritch. Ad. Dig. 3rd ed. 184 . 9 P. D. 96; 10 Ap. Ca. 59; 54 L. J. Ad. 9 ; 52 L. T. 474; 33 "W. R. 477 ; 5 Asp. 386 . 2 Park, Ins. 696 n. . IW. Bob. 316 . . '. 4 Camp. 31 7 P. D. 240 ; 51 L. J. Ad. 25 ; 46 L. T. 492; 30 W. E. 705; 4 Asp. 515 2Hagg. 189 . . . . Sw.405 IW.Eob. 1 . . . . Lush. 72; 29 L. J. Ad. 110; 2 L. T. 331 13 P. D. 125"; 57 L. J.' Ad.' 103 • 59 L. T. 728 ; 37 W. E. 62 ; 6 Asp. 376 37 L. J. Ad. 12 . 2 Str. 1250 30 L. T. 232 ; 2 Asp. 228 . 13 P. D. 42; 14 P. D. 50; 58 L.J. Ad. 51.; 60L. T. 657; 37 W. E.409; 6 Asp. 376 . 14 P. D. 172; [1891] A. 0. 1; 60 L. J. Ad. 1; 63 L. T. 749; 38 386, 391 143 342, 371, 379, 380 701 604 260, 261 405 567, 573, 679 673, 679, 681 636 513, 637 174 671 376 563 742 681 406, 426, 433, 442, 443 639, 640 642 74 174 169 411 W. E. 69 ; 6 Asp. 569 . 670 2Hagg.l 704 1 Salk. 248 . . . . 226 2"W. Eob. 201 . . . . 635 35 L.T. 519; 25 "W. E. 397; 3 Asp: 285 630, 635 Sw. 88 670 42 L. J. Ad. 57; 28 L.T. 375; 1 Asp. 601 . . . . 681 13 M. & W. 230; 13 L. J. Ex. 384; 8 Jur. 811 240, 260, 269, 272, 283, 286 1 W.Rob. 383 . . . . 627, 638, 640, 641 2 W. Eob. 337 . . . . 633, 681 Lush. 322; 30L. J. Ad. 209 707 5 C. Eob. 5 n 115 6C. Eob. 269 . . . . 286, 288 5 C. Eob. 4 . . . . 115 4C. Eob. 343 . . . . 289 INDEX TO CASES. Tlie rtferences in the third column are to the sections qf tlie book. W. NAME OF CASE. "Wagstafff. Anderson Wait V. Baker . Walker and Woodbridge, Ex parte Walker v. Maitland . Wallace v. Fielden . Walshe v. Provan Walter D. Wallet, The . Waltham v. Thompson Walthew v. Mavrojani Ward V. MoCorkill . Waring v. Cox . Warkworth, The Warre v. Miller Warrior, The (Collision) . Warrior, The (Seamen) . Warwick, The . Warwick v. Scott Wasa, The Waterloo, The . Watson, Ex parte, re Love Watson V. Christie . Watson V. Clark Watson V. Shankland Watt, The _ . . . Watt V. Morris . Wave, The Waverley, The . Way V. Modigliani . Wear Commissioners v. Adamson Wear Packet, The . Webb V. Thompson . Webster v. De Tastet Webster v. Seekamp Wedderbnrn v. Bell . Weeks v. Propert Wegener v. Smith . Weguelin v. Cellier . Weidner v. Hoggett . Weir V. Aberdeen 4C. P. D. 283; 5C. P. D. 171; 49 L. J. C. P. 485 ; 42 L. T. 720 ; 28 W. E. 866 ; 4 Asp. 290 2Ex. 1; 17L. J. Ex. 307 . Cooke's Bankrupt Law, 402 (cited) 6 B. & AH. 171 . . (See The Oriental) 8 Ex. 843 ; 22 L. J. Ex. 355; 1 C.L. B. 823 . . . . [1893] P. 202 ; 62 L. J. Ad. 88 . 1 Marsh. Ins. 4th ed. 294 . L. E. 5 Ex. 116 ; 39 L. J. Ex. 81 ; 22L. T.310; 3M. L. C. 382 . (See The Minnehaha) 1 Camp. 369 ... . 9 P. D. 20, 145 ; 53 L. J. Ad. 65 ; 51L. T. 558; 33W.E.112; 5 Asp. 326 4B.&C.538; 7D. &E. 1; a%. 1 C. & P. 237 . L. E. 3 Ad. 553; 27 L. T. 101; 21 W. E. 82 ; 1 Asp. 400 Lush. 476 ; 6 L. T. 133 ; 1 M. L. C. 204 15 P. D. 189; 63 L. T. 561; 6 Asp. 545 4 Camp. 62 (See The Ida and The Wasa) 2 Dods. 433 .... 5 Ch. D. 35; 46 L. J. Bk. 97; 36L. T. 75; 25 W. E. 489; 3 Asp. 396 2B. &P. 224 . 1 Dow, 336 ., . L. E. 2 H. L. (Sc.) 304; 29 L. T. 349; 2 Asp. 115 . 2W.Eob. 70 . . . . 1 Dow, 32 15 Jur. 518 L. E. 3 Ad. 369 ; 40 L. J. Ad. 42 ; 24L. T. 713; 1 Asp. 47 . 2T. E. 30 (See Eiver Wear, &c.) 356 380 382 98 402 510, 174 646 296 349, 350, 398 630, 642. 200 674, 680 469, 486, 506, 706 667 173 214, 702, 705, 708, 721 383, 392 586 99 276 702, 712, 725, 731 104 433 714, 732, 733 186 2 Sp. 256 744 1 B. & P. 5 7T.E. 157; 4E. E. 402 4B. &Ald. 352 . 1 Camp. 1 90, 94, 104 L. E. 8 C. P. 427 ; 42 L. J. C. P. 129 ; 21 W. E. 676 . 16C. B. 285; 24L. J. C. P. 25 . L.E. 6H. L.286; 42 L. J. C. P. 758; 22 W. E. 26 . . . 269,290 1 C. P. D. 533 ; 35 L. T. 368 . 151 2 B. & Aid. 320 . . . . 94, 96 174 503 15, 16, 404 88 156, 307, 345 INDEX TO CASES. The rtferences in the third column are to tlie sections of the booli. NAME OF CASE. Welch V. Anderson . Wellfield, Owners of, v. Adamson Wells V. Osman Wentworth v. Oathwaite Werldsborgaren, The Werra, The Wesley, The . West India, &c., Co. v. Home and Colonial, &o. Co. Westbourne, The Western v. Wildy Westminster, The Westmorland, The . Weston V. Wright . Westrup V. Great Tar- mouth, &c., Co. Westzinthus, Re Wheeler v. Thompson White Star, The Whitecross Wire Co. ■;;. Savill Whitehead v. Anderson . Whitton V. The Brig Com- merce WhitweH v. Perrin , Wiggins V. Ingleton Wild Ranger, The . Wilhelm, The . Wilhelm Schmidt, The . Wilhelm Tell, The . Wilhelmina, The Wilhelmine, The WUkie V. Geddes Wilkins v. Carmichael Wilkinson v. Frasier Willem III., The . William, The (Bottomry) . William, The (Pilot) William and John, The . William Beckford, The . WiUiam F. Safford, The . William Hamilton, The . William Lindsay, The William Lushington, The William Money, The 61 L. J. Q. B. 167 ; ' 7 Asp. 177 (See The Alfred) L. T. 442 ; 141 2 Ld. Raym. 1044 496, 498 10 M. & W. 436 ; 12 L. J. Ex. 172 381, 385, 389 4C. Bob. 17 . . . . 287 12 P. D. 52; 56 L.J. Ad. 53; 56 L. T. 580; 35 W. E. 552; 6 Asp. 115 720, 729 Lush. 268 664 6 Q. B. D. 51 ; 50 L. J. Q. B. 41 ; 43L. T.420; 29 W. R. 92; 4 Asp. 341 361 14P. D.132; 58 L.J. Ad. 78; 61 L. T. 156: 38 W. R. 56; 6 Asp. 406 714, 732 Skin. 152 423, 455 IW. Rob. 229 . . . . 701, 734, 744, 747 1 W. Rob. 216 . . 474, 479, 605, 606 7M. &W. 396 . 404 43 Oh. D. 241 ; 69 L. J. Oh. Ill ; 61L. T. 714; 38W.R.605; 6 Asp. 443 462, 510, 639 5 B. & Ad. 817 ; 2 N. & M. 644 . 396, 399 Str. 707 514 L.R.I Ad. 68 . . . . 714 8 Q. B. D. 653 ; 51 L. J. Q. B. 426 ; 46 L. T. 643 : 30 W. R. 588 ; 4 Asp. 531 .. . 9 M. & W. 518; 11 L. J. Ex. 157 1 Peter's Ad. 160 ... 4 0. B. N. S. 412 ... 2 Ld. Raym. 1211 B. & L. 84 14L. T. 636; 2M.L. C. 343 . 25L. T. 34; 1 Asp. 82 [1892] P. 337; 61 L. J. Ad. 127; 69 L. T. 199 ; 41 W. R. 205 2 0. Rob. 101 n . . . . IN. of 0.376 . . . . 3 Dow, 60 1 Doug. 101 .... 4Esp. 182 L. R. 3 Ad. 487; 25 L. T. 386; 20W. R. 216; 1 Asp. 129 Sw. 346 6 0. Rob. 316 ... . B. &L. 49; 32 L. J. Ad. 102; 8 L. T. 56 ; 11 W. R. 635 ; 9 Jur. N. S. 284; IM. L. C. 311 . 3 0. Rob. 356 ... . Lush. 69 3 Hagg. 168 . . . . L. R. 6 P. 0.338; 29 L. T.355; 22 W. R. 6 ; 2 Asp. 118 . 7N. of 0.361 . . . . 2 Hagg. 136 246, 295 373, 381, 382, 383, 3 386, 388, 389 507 409 523 640 178 212, 351, 366, 369 474, 741 289 693 90, 104 68 495 690, 691, 747 82, 461 560 749 720 8jL, 461, 610 731 224, 627, 632 733 77, 513 INDEX TO OASES. The references in the third column are to the sections of the loot;. NAME OF CASE. Williams v. East India Company Williams v. Newton . Williams v, Shee Williams v. Steadman Wilmshurst v. Bowker Wilson V. Bird . Wilson V. Canada ping Co. Wilson V. Forster Wilson V. Jones Ship- Wilson V. Kymer Wilson V. London, Italian, &c., Co. Wilson V. Millar Wilson V. Owners of Cargo ex Xantho Wilson V. Bankin Wilsons, The . Wilton ». Atlantic, &o.,Co. Windsor Castle, The Wingate v. Poster . Winston, The . Wiseman v. Vandeputt Wobiirn Abbey, The (Pilot) Woburn Abbey, The (Salvage) Wolf V. Summers Wood V. Jones . Woodhorn, The Woodley v. Michell . Woodrop Sims, The . Wooldridge v. Boydell Woolf ■y. Claggett . Woosung, The Cargo ex Worms V. Storey Wright V. Campbell . Wright V. Lawes Wright V. Lethbridge Wright V. Marwood . Wright i;. New Zealand Shipping Co. Wright V. Shifiher . BEPOKTB. 3 East, 192 . 14 M. & W. 747 ; 16 L. J. Ex. 11 3 Camp. 469 ... Skin. 345 ; Holt, 126 . 7 M. & G. 882 ; 8 Scott N. E. 671 12 L. J. C. P. 476 . ILd. Eaym. 22 . 2 Ap. Ca. 389; 36 L. T. 156; I Asp. 361 .... 6 Taunt. 25; 1 Marsh. 426 . L. B. 1 Ex. 193; 2 Ex. 139 36L. J. Ex. 78; 16 L. T. 669 15W. B.436; 2M. L. C.452 IM. &Sel.l57 . L.B.I C. P. 61; 35L.J.C.P.9 13 L. T. 436; 14 W. E. 101 H. &E. 29; 12 Jur. K S. 62 2 M. L. C. 279 . 2 Stark. 1 . . . . (See The Xantho) 258 563 197, 200 423, 466 377 78 671, 680, 681 758 99 268, 313 328 261 L.B.I Q. B. 162; 34L. J. Q. B. 63; 35L. J. Q. B. 87;13L.T. 564; 14W.E.198; 2 M. L. C. 161,287 84,97,250,402 IW. Bob. 172 . . . .709 10 C. B. N. S. 453 ; 30 L. J. C. P. 369;4L.T.706;9 W.E.748; 8 Jur. N. S. 232 .. . IN. of 0.118 .... 3 Q. B. D. 582 ; 47 L. J. Q. B. 525 ; 38L. T. 737; 26 W.E. 650; 3 Asp. 698 8P. D. 176; 9P. D. 85; 53 L.J. Ad. 69; 51 L. T. 183; 6 Asp. 274 2Vern. 203 .... 38 L. J. Ad. 28 ; 20 L. T. 621 ; 3 M.L. 0.240 .... 21L. T. 707; 3M.L. C. 310 . 691 21 180 666, 578 370 668, 673 701 2 Camp. 631 .... 7D. &E. 126 . 92 L. T. Journal, 113 . 11 Q. B. D. 47 ; 52 L. J. Q. B. 325 ; 48L. T. 599; 31 W. E. 661 ; 5 Asp. 71 . . . . 2Dods.83 . . . . I Doug. 16 . . > . 3Esp. 257 (See The Cargo ex Woosung) II Ex. 427 ; 26 L. J. Ex. 1 . 4 Burr. 2047 . . . . 4Esp. 82 63 L. T. 672 ; 6 Asp. 558 . 7Q. B. D. 62; 60L. J. Q.B.643; 45L. T. 297; 29 W.E. 673; 4 Asp. 451 4 Ex. D. 166 ; 40 L. T. 413; 4 Asp. 118 llEast, 516; 2Camp.247 293, 686 376 496, 497 361 636, 643 184, 185 106, 210 90, 237 370 386, 388 228, 633 251 162, 164 138 INDEX TO CASES. Tke references in the third column are to the sections of the hook. NAME OF CASE. BEPORTS. SECTJON. Wyatt V. Marquis of Hert- 3 East, 147 87 ford Xantho, The . . . 11 p. D. 170 ; 12 Ap. Ca. 503 ; 56 L. J. Ad. 116; 57 L. T. 701; . „ , 36 W. R. 353 ; 6 Asp. 207 . 357, 359, 361 Xenos r. Aldersley . . (jSee The Evangelismos) Ta Macraw Yan Yean, The Yates V. Duff . Yates V. Hall . Yates V. Bailaton Yeo V. Tatem . Yorkshireman, The Young V. Fewson Ysabel, The . Y. (/See The Glasgow) 8P. D. 147; 62L. J. Ad. 67; 49 L. T. 186 ; 81 W. R. 950 ; 5 Asp. 135 6 0. & P. 369 '. 1 rn T> Ho 8 Tkunt. 293; 2 J. B. Moore 294! (See The Orient) 2 Hagg. 30 8 0. & P. 55 (Bee La Ysabel) 744 691 401, 601 290, 301 648 589 Zadok, The Zephyr, The (Collision) Zephyr, The (Salvage) Zephyrus, The . Zeta, The (Jurisdiction) Zeta, The (Salvage) Zodiac, The . 9P. D. 114; 53L. J. Ad. 72; 50 L. T. 696; 32 W. R. 1003; 5 Asp. 262 670 11 L. T. 351 ; 12 W. R. 890 ; 2 M.L. 0.146 .... 2 Hagg. 43 IW. Rob. 329 .... {8ee Turner v. Mersey Docks and Harbour Board) L. R. 4 Ad. 460; 44 L. J. Ad. 22; 33 L. T. 477 ; 24 W. R. 180 ; 3 Asp. 73 1 Hagg. 320 .... 640 708 691, 695 744, 754 18, 20, 420, 428 ( xciv ) ADDENDA AND CORRIGENDA. § 40. To note (m), add " See also, as to Yictoria , the Order in Council of November 23, 1893." §46. To note (m), line 3, add "A fishing 'coble' is a ship, though capable, when light, of being propelled by oars only. Ex parte Ferguson, L. E. 6 Q. B. 280." §48. Note (.o),for " 17 & 18 Yict. c. 104," read " 39 & 40 Vict. c. 80." § 122. To note (»), add " See further, as to the right of the registered owner to call for the certificate of registry, The Celtic King, 63 L. J. Ad. 37." § 143. To line 4, add "Nor will such non-compliance release a charterer who has by his conduct waived his right to repudiate the contract. In such a case he will be, on the one hand, required to pay the chartered freight, and, on the other, entitled to recover such damages as he has sustained by the breach of the condition. Bentsen v. Ta/ylor, [1893] 2 Q. B. 274." §152. To note (p), add "In The Olendevon, [1893] P. 269, it was held that days ex- cepted from the lying time were also to be excepted in the calculation of despatch money." § 156. To notes {g), (h), add " Fumess v. White, [1894] 1 Q. B. 483." § 158, In first marginal note on p. 97, for " shipowner " read " charterer." To note (t), add " Butman v. Fenwiclc, [1894] 1 Q. B. 179." § 169. To note Qi), add " The Nifa, [1892] P. 411." § 168. In line 3, after the words " excepted peril," add note (j) " The exemption is not afFected by the fact that the port of discharge was determined by the charterer's option, at all events where the excepted cause came into existence after the option had been exercised. Buhnam v. Fenmnch, [1894] 1 Q. B. 179." To note ih), add " also in Smith v. Rosario Nitrate Co., [18931 2 0. B. 323 ; affd. in 0. A'., [1894] 1 Q. B. 174." § 169. At the end of the §, add " Even where the exceptions include ' cessation from work of hands . . . engaged in the getting, carriage, or loading of the cargo,' the charterer is not relieved by a ' cessation ' in the carriage of the cargo from the persons under contract to supply it to him, provided the parti- cular cargo is not specified in the charter-party, and there are other sources from which a cargo of the description therein mentioned can be obtained. The Eoohwood, 10 T. L. E. 314." § 223. To note (p), add " But a port does not cease to be a ' safe port ' by reason of a strike preventing the discharge of the ship ; nor, it seems, does such a circumstance affect the charterer's option. At all events it imposes on him no obligation to recall an option already exercised. Bulman v Fen- wiclc, [1894] 1 Q. B. 179." §236. To note (»), add " The Glendam'och," 10 T. L. E. 269." § 239. Line 6. After the word " interests " add note (zz), " In The Industrie ([1894] P. 58 : see p. 75), Lord Esher, M. E., reijeated and emphasised a doubt expressed by him in The Qaetamo and Mama (7 P. D. at p. 145), ' Whether the master is ever the agent of the owner of the cargo,' although he may have certain rights with regard to it as agent for the owner of the ship." ADDENDA AND COERIGENDA. xov § 267. To note (/), add " as to the measure of damages for not loading a full and complete cargo, see Aitken v. Emsthausen, 10 T. L. E. 256." To note (Je), add "five per cent in The Besolven, 9 T. L. E. 75 (phosphate in bulk)." § 268. To notes (/), (g), add "Fumess v. White, [1894] 1 Q. B. 483." § 275. To note (g), add " The ' 24 hours clause,' suspending the accrual of freight in case of loss of time by breakdown of machinery for more than 24 hours is now almost universal in time-charters. See The Bedouin, [1894] P. 1." ' § 276. At the end of the §, add "Where the charter-party provides for money 'to be advanced for ship's disbursements ' against freight, at an agreed rate of exchange, the master may, if he pleases, have recourse to other moneys and the charterer cannot recover from the shipowner the loss of a profit he would have made on the advances. The Primula, 96 L. T. J. 392." § 277. To note (e), add " Oriental 8.S. Co. v. Tylor was reversed ([1893] 2 Q. B. 518) on the ground that the advance freight was payable unconditionally on signing bills of lading, which it was in that case the charterer's duty to present, a duty from which he was not relieved by the loss of the ship, and for breach of which the agreed amount of advance freight was the proper measure of § 281. To note (e), add " Tlie Bedouin, [1894] P. 1." § 308. In line 7, for "is," read "has been." In line 8, on p. 211, after the word " used," insert " But the foregoing proposi- tions must now be received with caution, having regard to the recent decision in Hansen v. Harrold (0. A., March 1 ; Times, March 2, 1894). That was an action for the balance of a lump-sum chartered freight pay- able on delivery of the cargo. Owing to shrinkage of grain carried under a sub-charter and bills of lading making freight payable on quantity delivered, the amount for which a lien could be enforced was less than the balance of freight due under the charter-party. It was held that the cesser clause afforded the charterer no defence to the action, Lord Esher M.R., observing, ' The cesser clause, coupled with the stipulation for a lien, ought to be construed in accordance with the principle laid down in Clink V. Badford, [1891] 1 Q. B. 625, and when so construed, it does not apply where by the terms of the charter-party, the charterer is enabled by means of a sub-charter to bring into existence a lien which is not co-exten- sive with the lien given by the charter." It seems to follow that in such a case at all events, the limitation of the clause is the same, whether the liability arose before or after its coming into operation." Note (a). For " 28 L. T. 267," read " 28 L. T. 0. S. 267." ^ To note (/) add " See, however, Hansen v. Harrold, Times, March 2, 1894.'' § 313. To note {u), add " and see Fwrness v. White, [1894] 1 Q. B. 483." § 328. To ss. 70, 72 of the M.S. Act, 1862, add note (m) " An indorsee of the bill of lading, who is a consignee for sale and not the owner of the goods, by taking delivery without repudiating liability, impliedly contracts to pay the freight due ; and this notwithstanding that he has made the required deposit. These sections preserve the right of the shipowner to sue him on his im- plied contract. Fwmess v. White, [1894] 1 y. B. 483 ; and see §§ 156, 268, swpra," § 331. At the end of the §, add "In such a case, if under the charter-party rights of the shipowner are to arise, or become enforceable, upon the signature of the bill of lading, it is the duty of the charterer to present it for signature after the goods are on board. Oriental S.S. Go. v. Tylor [1893], 2 Q. B. 618." xcvi ADDENDA AND CORRIGENDA. §333. In line 6 from bottom of page, after the word "so,"' add note (.;') "The master cannot, in such a case, insist on inserting the woi'ds ' other conditions as per charter-party,' Hansen v. Harrold, Times, March 2, 1894" § 335. To note (a), add " Simmonds v. Rose, 10 T. L. R. 125." § 343. Note (i),for " 51 & 52," read " 52 & 53." § 345. In line 3, after the word " lading," add note (ss) " See addendum to § 333." § 357. Note (i), before the word " disting," insert " The Glendarroch, 10 T. L. E., 269." § 359. To note (c), add " See, however. The Southgate, [1893] P. 329.'' § 364. To note (d), add " Cp. The Southgate, [1893] P. 329." § 369. To note {g), add " The Industrie, [1894] P. 68." § 446. To note (a), add " and addendiim thereto." § 468. Note (m) " See addendum to § 529." § 473. Note (65), after the word " authorised," read " in the case of seamen." § 482. Note {x),for " 22 & 23 " read " 21 & 22." § 506. Note (q), see addendum to § 608. § 508. To note (o), add " The question was recently raised at the Southampton Police Court whether certain seamen of the S. S. Trent could be convicted under sub-s. (4) of disobedience to a lawful command after the ship had been moored in safety, and it was held by the justices that, having regard to the terms of sub-s. (3), they could not. Bed gu. Reference was also made to 43 & 44 Vict. 0. 16, s. 5 (a) (mfra, § 532). It is believed that the case is under appeal. See Standard, February 13, 15 (letter to the Editor), 1894." § 524. To note (g), add " The current rules will be found in Appendix No. 9a, post." § 529. To notes (a), (a), add " Hedley v. Priekney, Sfa., Go. was affirmed by the House of Lords, March 8, 1894." § 587. Note {yn),for « § 301," read " § 236." § 596. To note (m), add" and to New South Wales (November 23, 1893)." § 686. In line 4, after the word " person,'' add " Even where no loss of life, or serious injury, is occasioned, boiler explosions must, within 24 hours, or as soon after as possible, be notified to the Board by the master or owner, under the Boiler Explosions Act, 1890 (53 & 54 Vict. c. 35, ss. 2, 3)." Note. — A pipe connected with a boiler is a " boiler " for the purposes of this Act, R. V. Commissioners under the Boiler Explosions Act, 1882, [18911 1 Q. B. 703. § 698. To note (d) after line 3, add " The Maasdam, 69 L. T. 659 ; The Helvetia Cor Gkjrell Barnes, J., Ad. Div., Eeb. 27, 1894." § 701. To note (&), add " The Maasdam, 69 L. T. 659." § 717. Four lines from the end of the §, after " salvors," insert " If the first set retire, at the desire of the shi]) in distress, so that the salvage may be completed' by a second set, the first salvors will be entitled to remuneration, not only for the services which they have actually rendered, but for those also which they were ready and able to perform. The Maasdam, 69 L. T. 659." § 720. To note (g), add " See however the remarks of Sir F. Jeune on this subiect The MaasdoAn, 69 L. T. at p. 661." ■* ' THE LAW RELATING TO SHIPMASTERS AND SEAMEK OHAPTEE I. THE PUBLIC AUTHORITIES. §§ 1, 2.— The. Board of Trade — Its General Functions with reference to Masters and Sea- men . . . . ,1 § 3. — Local Marine Boards . 2 §§ 4-8. — Mercantile Marine Offices ... .4 %%'d-14:.— Naval Courts. . 6 The Board of Trade ; its General Functions with Beference to Masters and Seamen. § 1. The Board of Trade is the department entrusted by the Board of Trade Merchant Shipping Act, 1854, with the general superintendence of Jogu^eriXnd matters relating to merchant ships and seamen, and is authorised to merchant ship- carry into execution the provisions of that Act, and of all other ^'"^' Acts relating to merchant ships and seamen in force for the time being, other than such Acts as relate to the revenue.(a) Certificates and documents issued by the Board, or under its General direction, and purporting to bear its seal, or to be signed by its P"^^''^ ^J^^ proper oflBcers, are made receivable in evidence without further Board of proof. (6) It is empowered to issue and sanction forms bearing its '^''^^^■ seal of books, instruments and papers for use under the Act ;(c) and instruments made in such forms, or used by or under the direction of the Board, are exempt from stamp duty.((^) Persons who forge or fraudulently alter such seals or forms are guilty of a misdemeanour, and persons using other forms are liable to a penalty of £10.(e) The Board may require all consular officers, officers of Customs abroad, local Marine Boards and superin- tendents of mercantile marine offices, (/) to send to it returns or reports on matters relating to British merchant shipping or (a) 17 & 18 Vict. c. 104, 3. 6. (6) lUd., 8. 7. (c) ». 8. (d) a. 9. (e) B. 10. (/) Formerly called " Shipping Mas- ters," see 25 & 26 Vict. o. 63, s. 16. CHAP. I.— PUBLIC AUTHORITIES. Ofificevs of Board of Trade, naval officers, con- suls, the Eegietrar- General of Seamen, officers of customs and superintend- ents, may in- spect docu- ments and muster crews. Other duties and powers of the Board of Trade. seamen ; and may farther require all such superintendents to produce all official log books and other documents which, in pursuance of the Act, are delivered to them.(^) § 2. Every officer of the Board of Trade, commissioned officer of any of Her Majesty's ships on full pay, or British consular officer, the Eegistrar General of Seamen or his assistant, every chief officer of Customs in any place in Her Majesty's dominions, and every superintendent of mercantile marine offices may, in cases where he has reason to suspect that the laws for the time being relating to merchant seamen and to navigation are not complied with, exercise the following powers, viz. : — Require the owner, master or any of the crew of any British ship to produce any official log books or other documents relating to such crew or any member thereof in their respective possession or control : Require any such master to produce a list of all persons on board his ship, and take copies of such official log books or documents or of any part thereof : Muster the crew of any such ship : Summon the master to appear and give any explanation con- cerning his ship or her crew or such official log books or docu- ments. The maximum penalty for non-compliance with any such requisition, for impeding such muster of the crew, or knowingly misleading or deceiving any of the persons authorised to demand such explanation, is £20.(^) The Board of Trade has further important functions and powers relating to the inspection and survey of ships, their stores and equipment, (») the granting (^) and cancelling of officers' certificates, inquiries into the conduct of their holders, and investigation of casualties.(Z) These are considered below. Local Marine Boards. rpjjgjj § 3. By " The Merchant Shipping Act, 1854,"(m) local Marine constitution Boards were constituted at seaports at which such Boards had ((/) 17 & 18 Vict. 0. 104, s. 12. (A) lUd., s. 13. (i) See especially §§ 107-114; 524- 629, and Chap. (Passengers) infra. (h) §§ 25-41 infra. {I) §§ 42-59 infra. (to) 17 k 18 Vict. c. 104, s. 110. By 8. 109, the whole of the third part of this Act (the part entitled " Masters and Seamen ") shall apply to all sea-going ships registered in the United Kingdom (except such as are exclusively employed in fishing on the coasts of the United -Kingdom, and such as belong to the Trinity House, the Commissioners of Northern Lighthouses, or the port of Dublin Corporation, and also except pleasure yachts), and also to all ships registered in any British possession and employed in trading or going between any place in the United Kingdom and any place or places not situate in the possession in which such ships are registered, and to the owners, masters, and crews of such ships respectively, wherever the same may be. The same section gives a wider application to this part in relation to special subjects ; its provisions will be referred to in dealing with those subjects. For the § 3.— LOCAL MARINE BOARDS. theretofore existed, and at such other places as the Board of Trade should appoint. These Boards are composed of the mayor or provost and the stipendiary magistrate (n) as ex-officio members, together with four persons triennially appointed by the Board of Trade, and six who are triennially elected by shipowners, in manner provided by the Act.(o) Upon the Marine Boards is imposed, as we shall see,(^) the duty of providing at their respective ports for the examination of and duties, masters and mates. They are required to keep minutes of their proceedings in The conduct- manner prescribed by the Board of Trade to whose inspection ""S.oftJieir their minutes and all books and documents kept by them, their officers, or servants, are to be open. They are also required to make and send to the Board of Trade such reports and returns as it requires. Subject to this, they may regulate the mode in which their meetings are held and their business conducted, (g') In case of the, failure of any Local Marine Board to meet or to ■discharge its duties, the Board of Trade may either take into its own hands the performance of those duties until the next trien- nial appointment and election, or direct a new appointment and ■election to take place immediately.(r) The Board may also, upon complaint that any appointments or arrangements made by a Local Marine Board are not such as to meet the wants of the port, or are unsatisfactory or improper, annul, alter, or rectify them as it deems expedient, (s) purposes of this section, " an unregis- tered British ship (which ought to be registered under the Merchant Shipping Act, 1854) " is " deemed to have been registered in the United Kingdom," 46 .& 47 Vict. c. 41, s. 49. And by 25 & 26 Vict. c. 63, s. 13, "The following vessels, •that is to say— (1) Jiegistered fishing- Tjoats : repealed except so far as regards Scotland. See 46 & 47 Vict. c. 41 (the Merchant Shipping Fishing-boats Act, 1883) ; (2) Seagoing ships belonging to any of the three general lighthouse boards ; (3) Seagoing ships being pleasure yachts ; shall be subject to the whole of the third part of the principal Act, except sects. 136, 143, 145, 147, 149, 150-155, 157, 158, 161, 162, 166, 170, 171, 231, .256,279 — 287." A vessel used exclusively upon the rivers Weaver and Mersey, the latter being tidal water, but within the port of Liverpool, is not a "seagoing ship," although so constructed as to be •capable of going to sea. Tlie Salt Union v. Wood (1893), 1 Q. B. 370. The whole of the Merchant Shipping Acts 1854 to 1876, and any Acts amending the same, may be applied by Order in Council to ships of any foreign State desiring that to be done, 39 & 40 Vict. c. 80, s. 37. (re) In cases where there is more than one mayor, provost, or stipendiary magis- trate, the Board of Trade appoints ex officio members from among their num- ber. (o) The provisions as to the qualifi- cation of voters and members, and the preparation and revision of lists of them, are very elaborate. They will be found in 17 & 18 Vict. c. 104, ss. 110—117. By s. 118 it is provided that no act of a Board is to be vitiated or prejudiced oy any irregularity in the election of its members, or by any error in the list of voters or irregularity in preparing it, or by reason of any person who is not duly qualified acting on the board. {p) 17 &18 Vict. c. 104, o. 131, inf. § 26. [q) 17 & 18 Vict. c. 104, s. 119. Tbe liower to regulate their meetings and business includes fixing a quorum, which however must not be less than three : 25 & 26 Vict. c. 63, s. 14. (r) 17 & 18 Vict. c. 104, s. 120. («) Ihid., s. 121. CHAP. I.- PUBLIC! AUTHOBITIES. Local Marine Boards to establish Mercantile Marine offices. Board of Trade to have partial control over 8uch offices. General busi- ness of marine office super- intendents. Mercantile Marine Offices. § 4. In every seaport in the United Kingdom, in which there is a Local Marine Board, such Board is required by " Th& Merchant Shipping Act, 1854," to establish a Mercantile- Marine Office or Offices,(^) for which purpose it is empowered to procure the requisite premises, and appoint and remove Superin- tendents of Mercantile Marine Offices,(?t) with necessary deputieSr clerks, and servants. Every act done by or before any deputy duly appointed has the same effect as if done by or before a Superin- tendent. The Local Marine Board is entrusted with the regula- tion of business at the Mercantile Marine Offices, and subject to the powers of the Board of Trade with complete control over them, (a;) § 5. The sanction of the Board of Trade is necessary so far as regards the number of persons appointed by any local Marine Board, and the amount of their salaries and wages and all other expenses ; the Board of Trade also has immediate control of Mercantile Marine offices as regards the receipt and payment of money thereat ; it may require security for the due performance of their duties from all superintendents, deputies, clerks, and servants appointed by any Local Marine Board ; and may, if it has reason to believe that any of those officials does not properly discharge his duties, cause the case to be investigated, and, if it thinks fit, remove him from his office, and provide for the performance of his duties until the appointment of his successor, (y) § 6. The general business of superintendents of Mercantile- Marine offices is,(z) — To afford facilities for engaging seamen by keeping registries- of their names and characters ; To superintend and facilitate their engagement and discharge- in the manner prescribed ; To provide means for securing the presence on board at the proper times of men who are so engaged ; To facilitate the making of apprenticeships to the sea service ;. (t) Formerly termed "Shipping Offices." See 25 & 26 Vict. c. 63, s. 15. (u) Formerly termed " Shipping Masters." Ibid. (x) 17 & 18 Vict. c. 104, s. 122 ; " in any case where the mercantile marine business is conducted otherwise than under a local Marine Board, the Board of Trade is empowered, instead of conduct- ing such business at a custom house or otherwise (see § 7 ire/ra), to establish & mercantile marine office, to appoint and remove the requisite superintendents, deputies, clerks, and sei-vants, and to exercise the powers of a local Marine ' Board with respect to holding exami- nations for certificates of competency." 36 & 37 Vict. c. 85, s. 10. (y) 17 & 18 Vict. 0. 104, s. 123. («) Ibid., s. 124. §§ 4-8.— MERCANTILE MARINE OFFICES. ^ To keep a list of seamen who have deserted or failed to join after signing an agreement to proceed to sea, and to show such list to any master of a ship ; (a) To perform such other duties relating to merchant s(!amen and merchant ships as are by the Merchant Shipping Acts, or under the powers therein contained, committed to them.(&) Any superintendent or other official in a Mercantile Marine Penalty on office, who demands or receives any remuneration whatever, superintend- either directly or indirectly, for hiring or supplying any seaman fees. for any merchant ship, is liable for each offence to a penalty not exceeding twenty pounds, and also to dismissal.(c) § 7. At any place where there is no separate mercantile marine Marine office office, the business of such office may, by direction of the Board of ug^t" ^^^ ™ted Trade with the consent of the Commissioner of Customs, be con- at Custom ducted at the Custom House ; in which case the powers and duties °"^^^' of a superintendent of mercantile marine offices devolve upon the officer of Customs to whom such business is committed, (c^) In In London London the Board of Trade is impowered to appoint superin- ^^f'^g ^^.^ tendents, or other persons connected with sailors' homes, to be ping offices. superintendents of mercantile marine offices, with necessary deputies, clerks, and servants, and any offipe in a sailors' home to be a merchantile marine office. Such superintendents and officers are subject to the immediate control of the Board of Trade, and not of the Local Marine Board, (e) The Board of Trade also has Dispensation power to dispense with the transaction before a superintendent, ^\g''jj^g^(g" or in a mercantile marine office of any matters required to be so transacted. (/) § 8. Any person appointed to any office or service by or under any local Marine Board, is deemed to be a clerk or servant within the meaning of the Larceny Act,{g) and as such may be guilty of embezzlement. (A) Any such person who fraudulently applies or disposes of any Punishment chattel, money, or valuable security received by him whilst em- ^gn^in^shig'- ployed in such office or service for or on account of any such ping offices. local Marine Board, or for or on account of any other public board or department, to his own use or any use or purpose other than that for which the same was paid, entrusted to, or received id) 52 & 53 Vict. c. 46, 8. 3. offices is required by the Board of Trade (6) Ab to the duties of superintendents to be kept conspicuously posted there. ■with regard to sea fishing boats and their (d) 17 & 18 Vict. o. 104, s. 128. See crews, see 46 & 47 Vict. c. 41, ss. 4-12 also 36 & 37 Vict. ^. 85, s. 10 ; § 6, (apprentices), 19, 21 (reports of crew), supra. 32 (deserters, absentees, &c.); 45-47 [e) Ibid., s. 129. and 50 & 51 Vict. c. 4, s. 5 (inquiries and {f) Mid., s. 130. ■disputes). ig) 24 & 25 Vict. c. 96 s. 68. (c) 17 & 18 Vict. c. 104, s. 127, as (A). 25 & 26 Vict. c. 63, s. 16, q.v. as affected by 55 & 56 Vict. c. 19, sched. _ A to ihe form of the indictment. table of fees payable at Mercantile Marine CHAP. I.— PUBLIC AUTHORITIES. by him, or fraudulently withholds, retains, or keeps back the same or any part thereof contrary to any lawful directions or instruc- tions which he is required to obey in relation to such office or service, is deemed guilty of embezzlement within the meaning of that statute ; and is liable on conviction to the same pains and penalties as are thereby imposed upon any clerk or servant for embezzlement.(A,) Naval Courts may be sum- moned for hearing com- plaints, and investigating wrecks on the high seas or abroad. Constitution of such Courts. General func- tions and mode of action of such Courts. Naval Courts on the High Seas and Abroad.{i) § 9. By " The Merchant Shipping Act, 1854," a Court called a " Naval Court," with extensive powers as regards both master and seamen, may be summoned by any officer in command of any ship of Her Majesty on any foreign station, or, in the absence of such officer, by any consular officer, in any of the following cases, viz. : (1) Whenever a complaint which appears to such officer to require immediate investigation is made to him by the master of any British ship, or by any certificated mate, or by one or more of the seamen belonging to any such ship : (2) Whenever the interest of the owner of any British ship or of the cargo of any such ship appears to such officer to require it : (3) Whenever any British ship is wrecked or abandoned or other- wise lost at or near the place where such officer may be, or whenever the crew or part of the crew of any British ship which has been wrecked, abandoned, or lost abroad, arrives at such place.(A) § 10. Every such Court must consist of not more than five and not less than three members, of whom, if possible, one must be an officer in the Eoyal Navy not below the rank of lieutenant, one a consular officer, and one a master of a British merchant ship, and the rest, either ofGcers in the Royal Navy, masters of British merchant ships, or British merchants. Such a Court may include the person who summoned it, but not the master or consignee of the ship to which the parties complaining or com- plained against belong ; and the naval or consular officer, if only one, in such Court, or, if more than one, the naval or consular officer who, according to any regulations in force for settling their respective ranks is of the highest rank, is the president of the Court.(Z) It is the duty of the Court to hear and investigate the matter brought before it, and it may for that purpose summon and compel the attendance of parties and witnesses, administer oaths. {h) See this note on p. 5. (i) The sections of the Merchant Shipping Act, 1854, referred to in the follovfing §§, apply to all ships registered in the Queen's dominions, when out of the jurisdiction of their respective govern- ments, 17 & 18 Vict. 0. 104, s. 109 : infra § 485, note (e). (Jt) 17 & 18 Vict. c. 104, o. 260. (I) Ibid., s. 261. §§ 9-14.— NAVAL COURTS. 7 and order the production of documents. The investigation must be so conducted as to give any person against - whom any charge is made an opportunity of making a defence, (m) § 11. After hearing the case the Court may exercise the Powers of following powers: such Courts i (1) It may, if unanimous that the safety of the ship or crew, or the To supersede interest of the owner, absolutely requires it, supersede the master, the master : [and in such case may also cancel or suspend his certificate (w)], and may appoint another person to act in his stead ; but no such appoint- ment shall be made without the consent of the consignee of the ship, if then at the place : (2) It may discharge any seaman from his ship : t ^- t, (3) It may order the wages of any seaman so discharged or any "gg^" ^*.'^^ part of such wages to be forfeited, and may direct the same either to ' be retained by way of compensation to the owner, or to be paid into ^^ges ■'" the receipt of Her Majesty's Exchequer in the same manner as other penalties and forfeitures under this Act : (4) It may decide any questions as to wages, or fines, or forfeitures. To decide arising between any of the parties to the proceedings : disputes as to (5) It may direct that all or any of the costs incurred by the ^*se^> '^■ master or owner of any ship in procuring the imprisonment of any V. "irept costs ^ ** or itUDnsou- seaman or apprentice in a foreign port, or in his maintenance whUst so ji,gnt to be imprisoned, shall be paid out of and deducted from the wages of such paid out of seaman or apprentice, whether then or subsequently earned : wages. (6) It may exercise the same powers with regard to persons charged To send home before it with the commission of ofiences at sea or abroad as are by offenders for this Act given to British consular officers : ' (7) It may order the cost of the proceeding before it (if any), or any To order pay- portion thereof, to be paid by any of the parties thereto, and may ment of order any person making a frivolous or vexatious complaint to pay '^"sXs, &c. compensation for any loss or delay caused thereby ; and any cost or compensation so ordered shall be paid by such person accordingly, and may be recovered in the same manner in which the wages of seamen are recoverable, or may, if the case admits, be deducted from his wages.(o) § 12. The Court also has power if summoned to hear any To try master complaint touching the conduct of the master, or any of the o^gn^™^ °' crew of any ship — " to try the said master or any of the said crew for any oflfences against the Merchant Shipping Act 1854, in respect of which two justices would, if the case were tried in the United Kingdom, have power to convict summarily, and by order duly made to inflict the same punishment for such offences, which two justices might, in the case aforesaid, inflict upon summary conviction, provided that in cases where an offender is sentenced to imprisonment, the sentence shall be confirmed in writing by the senior naval or consular officer present at the place where the court is held, and the place of imprisonment, whether on land or on board ship, shall be approved by him as a proper place for the purpose, (m) 17 & 18 Vict. c. 104, s. 262. (o) 17 & 18 Vict. <,. 104, s. 263. (re) Ihid., s. 242 ; 25 & 26 Vict. c. 63, s. 28, § 54 infra. CHAP. I.— PUBLIC ADTHOBITIES. Orders to be entered in official log. Eeport to be made of pro- ceedings of Naval Courts. Penalty for preventing complaint or obstructing investigation. and copies of all sentences made by any Naval Court summoned to hear any such complaint as aforesaid shall be sent to the commander-in- chief or senior naval officer of the station. "(^) All orders duly made by the Court under the foregoing powers will in any subsequent legal proceedings be deemed conclusive as to the rights of the parties.(g') § 13. All orders made by Naval Court are required whenever practicable, to be entered in the official log book of the ship to which the parties to the proceedings belong, and to be signed by the president of the Court. (r) The Court is also required to make a report to the Board of Trade, containing the following particulars : (1) A statement of the proceedings, with the order made by the Court, and a report of the evidence : (2) An account of the wages of any seaman or apprentice who is discharged from his ship by such Court : (3) If summoned in order to inquire into a case of wreck or abandonment, a statement of the opinion of the court as to the cause of such wreck or abandonment, with such remarks on the conduct of the master and crew as the circumstances require : The report must be signed by the president of the Court, and every document purporting to be such a report so signed, if produced out of the custody of some officer of the Board of Trade, is deemed to be such a report, unless the contrary is proved, and is receivable in evidence. (s) § 14. Any person who wilfully and without due cause prevents or obstructs the making of any complaint as above mentioned, or the conduct of any case or investigation by any Naval Court renders himself liable to a penalty not exceeding fifty pounds, or to imprisonment with or without hard labour for any period not exceeding twelve weeks, (i) (p) 18 & 19 Vict. c. 91, s. 18. q) 17 & 18 Vict. 0. 104, s. 263. '(?: (r) Ihid., s. 264. (s) Ibid., B. 265. («) Ibid., s. 267. ( ^ ) CHAPTEE II. THE APPOINTMENT, ETC., OF THE MASTER. §§ 15-20. — Who may Ap- point or Succeed him, and how long his Authority/ con- tinues .... §§ 21, 22. — Who m,wy Remove him, ..... §§ 23, 24. — His Qualifications §§ 25 — 39. — Examinations and Certifi/iates . §§ 33 - 35. — Examinations and Certifiicates {Pilotage, Mobsters and Mates) . §§ 36 - 39. — Examinations and Certificates {Engineers') § 40. — Eocam,inations and Cer- tificates (Colonial) § 41. — Examiiiiations andCer- tificates {Frauds respecting) 12 13 15 18 20 22 23 §§ 42-59. — Cancellation and /Suspension of Certificates : Inquiries and Investiga- tions . . . .23 §§ 60-67. — Sis Hemunera- tion . . . . .31 §§ 68—73. — Sis Remedies J^or Wages and Disbursements . 35 §§ 74 - 79. — Sis Maritime Lien . . . . .38 §§ 80-83. — Ranking of his Ma/ritime Lien . . .43 §§ 84, 85. — Sis General Duties and Authority . 45 §§ 86 - 89. — Sis Personal Liabilities . . .47 JVho may Appoint or Succeed Mm, and how Long Ms Authority coniinues. The ship- owners §15. The owners of a merchant ship seldom navigate it them^ They generally entrust the management of it to an app^'nt agent, who is called the master or captain of the ship. They often appoint a part owner to be the master. In the former case, he is the confidential servant or agent of the owner or owners who employ him ; in the latter he is the agent of his co- owners. In either case, he has a general authority to act for those who employ him.(a) The right of appointing the master of a ship is vested in the According to • (.11 1 I'ii --i majoritj' of owner, or li there be more than one owner, then m tne majority, interest. But this majority is calculated, not by the number of the owners, but by the amount of their interest in the ship.(6) So that the (a) Abbott, 13th ed. 119, per Bayley, J., Webster v. Seekamp, 4 B. & Aid. at p. 354. (I) Molloy, b. 2, c. 1. s. 4 ; 1 Maude and Pollock, 4th ed. p. 119'. 10 CHAP. II.— THE APPOINTMENT, ETC., OF THE MASTER. Buty of owners in selection. Effects of change of ownership ; Appointment of new master abroad. By whom such appointment may he made abroad. majority which appoints, is a majority of interest and not of numbers. § 16. In appointing to an office of such importance, the owners, or those of them, with whom the appointment lies, being usually a majority in interest, are bound, by a regard to their own advantage, and much more by their duty to others, to select him with care, and to exercise a free and impartial judgment in such selection.(c) They " ought not to appoint a man upon whose compliance with their orders and on whose prudence and discretion they cannot vely."(d) Any contract which is calcu- lated to have the effect of fettering the judgment of those who have to select, and of binding them to concur in the nomination of particular persons, at the peril of an action, is a violation of that duty which is owing not only to the charterers, if any, and other part owners of the ship, but also to all whose life or property may be embarked in her, and is illegal and void.(e) § 17, If after a master has been appointed by the owners, a change of ownership in the ship takes place, either by sale or otherwise, the master retains whatever authority he possessed under such appointment, until he receives notice that the owner- ship is changed, and that his previous instructions, authority, or appointment are at an end. And he may, until he receives such notice, bind the new owners by contracts for the carriage of goods entered into by him pursuant to his original instruc- tions.(/) § 18. Sometimes it becomes necessary for the prosecution of the voyage, when the ship is in foreign ports, where it is impos- sible to communicate with the owners, either to appoint a master or to substitute a new master for the one who was appointed by the owners. The validity of such a transaction depends upon the fulfilment of two conditions : viz., first, it must be necessary ; and secondly, it must be perfectly hovd fide. The person, whose place and functions naturally point him out as the successor of the master, is the mate. But although it may be ground for suspicion if he is passed over, stUl that alone is not a ground for impeaching the appointment of another person. (^) The appointment of a master abroad has been sustained when made by the agent of the owner ;(/i) by the consignees (i) of the cargo ; by the consignor of the cargo ; by the furnishers of the (c) Per Dr. Lushington, The Blake, \ W. Bob. at p. 76. {d) Per Bayley, J., Webster v. See- hamp, 4 B. & Aid. 354. (e) Card v. Hope, 2 B. & C. 661, 674 ; Maclachlan, 4th ed. 135. (/) Ihe Mercantile, &c., Bank v. Gladstone, L. E. 3 Ex. 233, see per Kelly, C. B. at p. 238. (g) Maclachlan, 4th ed. 172. (h) The Kennersley Castle, 3 Hagg. 1. \i)- The Alexander, Tate, 1 Dods. 278 ; The Buhioon, 3 Hagg. 9. §§ 15-20.— WHO MAY APPOINT OR SUCCEED HIM. -^ ■[. homeward cargo ; (k) by a foreign merchaiit, to whom the prior master had committed the vessel as agent for the owners ; (I) by the British consul or vice-consul at the port;(m) or by a captain of the Eoyal Navy in actual command at the station, (w) After notice of abandonment as for a total loss, the underwriters or their agent may appoint if they act for the best for all interests, (o) And in a foreign port, in cases of necessity or sudden emergency in the absence of the owner or employer, or of his authorized agent, whenever it may be necessary and proper for the welfare of the ship and the due accomplishment of the voyage, and where no communication can be held with the owners or employers or their agent, the master possesses the power, if he should be disabled by illness or otherwise, to appoint a new master to serve in his stead, whose acts under such circumstances will become obligatory upon the owners, (p) § 19. If the master of the ship dies or deserts the ship at When mate • <• i." 1 • J. 1 • -J. succeeds to sea, or it any particular circumstance occurs, such as insanity, command. that renders the master utterly incompetent to discharge his duties, then both as a matter of law, and from the necessity of the case, the first mate becomes master, and is entitled to be paid as such, and is empowered to appoint the other officers of the ship, to make all the necessary arrangements for navigating her, and to appoint an able seaman to be second mate, and to bind the owners by an agreement to pay him wages as second mate.(^) § 20. The following instances will serve to show under what kind of circumstances the court has upheld appointments of new masters in foreign ports : — In The Alexander (r) the ship, being bound for Pemambuco, Instances of had got into a place 300 miles from her destination, in a state abroad.™*^" * «7hich required assistance. This was rendered by the consignees at the port of destination. After the ship's arrival there the master deserted, and the consignees appointed another in his place, and, having incurred further expense on account of the ship, took a bottomry bond from him for their advances, and Lord Stowell upheld the validity of the appointment. In The Zodiac,{s) the ship was in a foreign port, the master had died at sea, the mate was unequal to the duties of master, and anxious to be, relieved of them, and there was no person (h) The Bubicm, 3 Hagg. 9. (p) Story on Agency, 36, 120. (l) Tlie Tartar, 1 Hagg. 1. (?) Hanson v. Roydwi,h. K. \^- >-■ \m) The Zodiac, 1 Hagg. 320. The 47, 49 ; The Tecumseh,3W. Eob. 144, Oynthia, 16 Jur. 748. 146 ; The Favourite, 2 C. Bob. 223, 237. (to) The Eliza Cornish (otherwise (r) 1 Dods. 278. Segredo), 1 Spks. Ec. & Ad. 36. («) 1 Hagg. 320. (o) 2%6JEe««e»-«%Ca«t/e,3Hagg.atp. 6. 12 CHAP. II.— THE APPOINTMENT, ETC., OF THE MASTER. authorized to take charge of the ship or cargo at the port. The British Consul appointed a master, and the appointment was upheld. In The GyntUa,{t) the British Vice-Consul, at a foreign port to which the ship had come after the master and crew had been murdered in a mutiny, appointed a master, and the appointment was upheld in this country. InTheMim Cornish,(u) the ship, with a valuable cargo on boaxd, had touched at a point in the Straits of Magellan, and was there forcibly seized by the inhabitants of a penal colony, who murdered the master. She was recovered from their hands, with her cargo, by one of Her Majesty's ships, the captain of which appointed an oflScer of the Eoyal Navy as master, to carry the vessel to England. In the course of the voyage he sold her, under alleged necessity, at the port of Fayal. The Court, while pronouncing against the validity of the sale, sustained the appointment of the master, notwithstanding the mate had survived, and was on board the ship. The powers of removal and appointment possessed by Admi- ralty Courts and Naval Courts are referred to below. Wishes of majority of owners enforced by Admiralty Court. WTio may Bemove him. § 21. As a general rule, the right to remove the master is vested in, and may be exercised by, those who had the right of appointment. In the absence of an agreement to the contrary, or of very unusual circumstances, he is entitled to reasonable notice before dismissal ; and it seems that, conversely, he is bound to give reasonable notice to the owners before resigning his command.(a;) Where he seeks to retain possession of the ship against the will of the owners, proceedings may be taken in the Admiralty Division of the High Court of Justice (y) for the pur- pose of dispossessing him. In such cases, if the master is not a part owner, all that the Court requires is that the majority of owners should declare their disinclination to continue him in possession ; but if he is a part owner, some special reason for dispossessing him — e.g. irregularity in his accounts with his owners — should be shewn. (2) It is not competent to the master to dispute the title of the registered owners, and allege that it is in other persons, (a) But, although in the case of ships belonging to British subjects the Court will order the master to deliver up («) 16 Jur. 748. (a) Othecwise Segredo, 1 Spks. Ec. & Ad. 36. (x) Oreen v. Wright, 1 C. P. D. 591. ly) So called since the Judicature Acts came into operation (Nov. 1875). The terms Court of Admiralty, and Admiralty Court are frequently used in this work for the sake of brevity. (z) The New Draper, 4 C. Kob. 287. (o) The Windsor Castle, 1 N. of C. 118. §§ 23, 24.— HIS QUALIFICATIONS. I3 possession, on the application of a majority of owners, without entering very minutely into the causes of their dissatisfaction,(&) it will not in general so interfere between foreigners, without the consent of parties or the authority of the representative of the foreign State. A decree of a competent Court of such State has been held to give such authority.(c) § 22. In addition to the jurisdiction just referred to, the Admiralty Court has been entrusted with statutory powers of removing and appointing masters as follows : — Any Court having Admiralty jurisdiction in any of Her Majesty's Power of dominions may, upon application by the owner of any ship being within Admiralty the jurisdiction of such Court, or by the part-owner or consignee, or by Courts to the agent of the owner, or by any certificated mate, or by one-third or ^^gter ^nd more of the crew of such ship, and upon proof on oath to the satisfac- appoint a new tion of such Court that the removal of the master of such ship is master. necessary, remove him accordingly, and may also, with the consent of the owner or his agent, or the consignee of the ship, or if there is no owner or agent of the owner or consignee of the ship within the juris- diction of the Court, then without such consent, appoint a new master in his stead ; and may also make such order, and may require such security in respect of costs in the matter as it thinks &t.{d) An attempt by the master to defraud constitutes such a neces- sity for removal as would induce the Court to act under this section. The power of the Court under this section is not limited to the class of cases enumerated in sect. 239. It will be exer- cised on the application of'one part-owner only, although another part-owner, the ship's husband, has refused to discharge the master, (e) So a Naval Court may in some cases, as we have seen, super- Of Naval sede the master and, with the consent of the consignee of the ship, if then at the place, appoint another. (/) Court. Mis Qualifications. 5 23. The master of a ship is entrusted with the care of the ship Nature of his. and cargo and of the life and health of the passengers and crew ; duties. he is required to conduct the navigation with skill, to behave in his command with justice, temper and consideration, and to act with prudence and judgment in all the affairs of the owners and charterers. (5') He is an officer to whom great powers, momentous interests, (h) The See Beuter, 1 Dode. 22 ; The fioate may be dealt with, see §§ 42-59 Windsor Castle, ubi Slip. "y?"?- ^, „ ,- . t, t. t ^c (c) The See Beuter, uU sup. «) The Boyahst B. & h. 4b. \d) 17 & 18 Vict. c. 104, s. 240. As [f] 17 & 18 Vict. >;. 104, s. 263 (1) . to when and by whom the master's certi- see § U supra. {g) Maclachlan, 4th ed. p. 134. 14 CHAP. II.— THE APPOINTMENT, ETC., OF THE MASTER. Provisions for insuring com- petency. and a very large discretion are necessarily entrusted, in order to enable him to meet the unforeseen and sudden vicissitudes of the voyage. His authority at sea is necessarily summary and often absolute. If he exercise that authority in an intemperate or oppressive manner, he can seldom be resisted or checked by either moral or physical force. He is often called upon to act in sudden and terrible emergences, when far from the owners of the ship and from the owners of the cargo, and when the fate, not only of the ship and cargo, but also of the crew and passengers, depends upon his decision. It is therefore necessary that he should be a person of experience and practical skill, and that he should be thoroughly instructed in the science of navigation. To enable him to act with confidence in situations of peril or of difiiculty, he ought to know the extent of his legal powers and liabilities, and how far he may venture to act for the owners of the ship and of the cargo.(A) § 24. In many maritime countries there have long existed laws and regulations intended to ensure, as far as practicable, that a master of a ship, who is necessarily entrusted with such great powers and interests, and who is constantly called upon to act under circumstances of such instant and unforeseen danger and difficulty, should be a person possessing all the qualifications When masters' requisite for such a post.(i) But it is remarkable that in England, the greatest maritime State that the world has ever seen, no proper precautions were taken'before the year 1850 to protect the public from the appointment of ignorant and untrust- worthy men to these important posts, in which property and life are committed to them under circumstances which necessarily confer almost absolute power, and at the same time preclude for long periods the possibility of any supervision. In that year a system of examination was first established by " The Mercantile Marine Act."(^) That statute was afterwards repealed, and now by "The Merchant Shipping Act," 1854,(Z) provisions are made forgiving certificates of fitness to those who are found by testimonials and personal examination, to be qualified by previous good conduct, ability, skill and knowledge for such a position. Under that Act,(m) as we shall presently, see, " no foreign-going ship, or home-trade certificates first required by law. Present enactment. {h) 3 Kent's Com. 159, 160. (i) The French ordinances of 1584, 1681, and 1725, and the ordinances of the Hanse Towns, of Bilboa, of Prussia, and Sweden, have all required the master to be previously examined and certiBed to be fit by his experience, capacity, and character. He was formerly, when trade was constantly exposed to lawless rapa- city, required to possess military as well as ordinary nautical skill : omnibns pri- vilegiis militaribus gaudet, 3 Kent, 160, note. Eoocus de Navibns et Naulo, note 7. Bmerigon, Traits des Ass. i. 192 ; Boulay-Paty, Cours de Droit Mar. i. 368, 376, 379. (7^) 13 & 14 Vict. c. 93. (l) 17 & 18 Vict. c. 104, ss. 131— 140. (m) See ss. 134, 136, infra §§ 27, 29. 15 §§ 25-39.— EXAMINATIONS AND CERTIFICATES. passenger ship," may go to sea from any port in the United Kingdom unless the master and mates have obtained certificates as specified in the 136th section. It was formerly necessary, under 12 & 13 Vict. c. 29, s. 8, that in all cases the master of a British registered ship^ wherever she was, should be a British subject. But that statute was repealed by " The Merchant Shipping Act, 1854," (w) and the provisions of sect. 8 have not been re-enacted. EoMminations and Certificates of Masters, Mates, and JSnffineers.(o) § 25. No "foreign-going ship or home trade passenger Certificates ship " (p) may proceed to sea from any port in the United Necessary Kingdom, unless the master (g) and mates have obtained the certificates specified in the 136th sect, of " The Merchant Ship- ping Act, 1854," which is given below, and every steamship which is required by that Act to have a certificated master, must also have a certificated engineer or engineers. (?") It is the duty of Local Marine Boards (s) to provide at their respective ports for the examination of applicants for certificates of competency as masters or mates ; (t) and where there is no Examination Local Marine Board, the Board of Trade is empowered to send the examiners or examiner of any Local Marine Board to the port in question, to examine the applicants theve.^u) The examina- tion of applicants for engineers' certificates are held under the direction of the Board of Trade.(a;). of masters anil mates. (m) 17 & 18 Vict. c. 104. (o) Instructions as to these examina- tions are contained in memoranda " Exn. 1," " Exn. la," and "Exn. lb," issued by the Board of Trade. (p) " Foreign-going shij) " includes every ship employed in trading or going between some place or places in the United Kingdom, and some place or places situate beyond the following limits : the coasts of the United Kingdom, the islands of Guernsey, Jersey, Sark, Aldemey, Man, and the continent of Europe, between the river Elbe and Brest inclusive. " Home-trade ship " includes every ship employed in trading or going within the following limits : the [Jnited Kingdom, the islands of Guernsey, Jersey, Sark, AJdernev, and Man, and the continent of Europe between the river Elbe and Brest in- clusive. " Home-trade passenger ship " means every home-trade ship employed in cariying passengers. " Ship " in- cludes " every description of vessel used in navigation not propelled by oars," 17 & 18 Vict. li. 104, s. 2. A vessel carr;^- ing passengers round an artificial lake is not " used in navigation." Mayor, tfic, of Southport V. Morriss (1893), 1 Q. B. 359. Ships employed in the whale, seal, and walrus fisheries, and ships which do not belong to ports in Canada or New- foundland, engaged in the Newfoundland cod fisheries are deemed to be foreign- going ships. 46 & 47 Vict. c. 41, s. 53. (q) The term " master " includes " every person (except a pilot) having command or charge of any ship," 17 & 18 Vict. c. 104, s. 2. (>) 25 & 26 Vict. c. 63, s. 5, infra § 36. (s) 17 & 18 Vict. 1^. 104, s. 131. (t) Provisions have also been made with respect to certificates for skippers and second hands of fishing boats. No fishing boat may go to sea without a certificated skipper, and no trawler above twenty-five tons without a certificated second hand as well. The provisions of the Merchant Shipping Acts with regard to certificates of competency, the exami- nation for, and granting and suspension ot them, are applied to certificates for the sea fishing service. See 46 & 47 Vict. v;. 41, ss. 36—42 ; 60 & 51 Vict. o. 4, ss. 7 ft 9 ' (m) 25 & 26 Vict, c 63, s. 17. (a;) Ibid., s. 6. 16 PowerB of Board ofTrade over examina- tions. Examinations at ports where there are no Local Marine Boards. Fees trt be paid by ap- plicants for examination. Certificates of competency to be granted to those who pass. CHAP. II.— THE APPOINTMENT, ETC.. OF THE MASTER. The provisions of the Acts as to these examinations and certifi- cates form the subject of the following sections : — § 26. The Local Marine Boards are entrusted with the appointment of examiners to conduct the examination of appli- cants for masters' and mates' certificates, and with the regulation of the examinations ; and members of the Local Marine Board of the place where the examination is held may be present and. assist at the examination. (y) The Board of Trade is empowered to lay down rules, which must be strictly adhered to by examiners, as to the conduct of the examinations and the qualifications of applicants. AU examiners are required to have a certificate of qualification granted by the- Board of Trade. The sanction of the Board is necessary as-- regards the number of examiners to be appointed, and the amount- of their remuneration. It may at any time depute any of its officers to be present and assist at any examination ; and if the- examination for any two or more ports can in its judgment be- conveniently conducted by the same examiners, it may require and authorise the local Marine Boards of such ports to act together as one Board in providing for and regulating examina- tions and appointing and removing examiners. (2) A later enactment enables the Board of Trade, if satisfied that serious inconvenience exists at any port in consequence of the distance which applicants have to travel in order to be examined, to send, with the concurrence of any Local Marine Board, such- Board's examiners to the port where the inconvenience exists, and thereupon examinations are held there in the same way as other- examinations for certificates.(a) And, as we have seen, the Board of Trade may, in the absence of a Local Marine Board,. exercise the powers of such a Board with respect to examina- tions for certificates. (&) Applicants for examination are required to pay the fees directed by the Board of Trade, not exceeding the statutory limit, (c) to the persons appointed by the Board to receive th.6m.(d) § 27. Every applicant who is duly reported by the local exami- ners to have passed the examination satisfactorily, and to have given satisfactory evidence of his sobriety, experience, ability, and. general good conduct on board ship, is entitled to receive from the Board of Trade a certificate (called a " certificate of compe- tency") to the effect that he is competent to act as master, or as (y) 17 & 18 Vict. c. 104, s. 131. (s) Ibid., 8. 132. (a) 25 & 26 Vict. 0. 63, s. 17. (J) 36 & 37 Vict. i;. 85, s. 10, supra § 4, note (k). (c) That is to say, for a master's cer- tificate £2, and for a mate's £1. See § 6, note (c), sumra. (d) 17 & 18 Vict. c. 104, s. 133. §§ 25-39.— EXAMINATIONS AND CEKTIFICATES. ly first, second, or only mate of a foreign-going ship, or as master or mate of a home-trade passenger ship, as the case may be : provided that if in any case the Board has reason to believe such report to have been unduly made, it may remit the case either to the same or to any other examiners, and require a re-examination of the applicant, or a further inquiry into his testimonials and character, before granting him a certificate, (e) § 28. Persons who before January 1, 1851, served as masters Certificates of or mates in the British Merchant Service, or attained a certain service. rank in Her Majesty's Service or that of the East India Company, are entitled to certificates of service di^ering in form from certifi- cates of competency, and appropriate to the position in which they served, for foreign-going ships ; and persons who, before January 1, 1854, served as masters or mates in home-trade passenger ships are entitled to the like certificates of service for such ships. (/) § 29. The possession of certificates by masters and mates is enforced in the following terms : — No foreign-going ship or home-trade passenger ship shall go to sea No foreign- from any port in the United Eangdom unless the master thereof, and go'ng sWp or in the case of a foreign-going ship the first and second mates or only Bo™s-'''a''e mate (as the case may be), and in the case of a home-trade passenger ^o proceed to ^hip the first or only mate (as the case may be), have obtained and sea without possess valid certificates either of competency or service appropriate to certificates of their several stations in such ship, or of a higher grade ; and no such ™ ^ ™^^'<^=^ ship, if of one hundred tons burden or upwards, shall go to sea as afore- said, unless at least one officer besides the master has obtained and possesses a valid certificate appropriate to the grade of only mate therein or to a higher grade; and every person who, having been engaged to serve as master or as first or second or only mate of any foreign-going ship, or as master or first or only mate of a home-trade passenger ship, goes to sea as aforesaid as such master or mate without being at the time entitled to and possessed of such a certificate as hereinbefore required, or who employs any person as master, or first, second, or only mate of any foreign-going ship, or as master or first or only mate of a home-trade passenger ship, without ascertaining that he is at the time entitled to and possessed of such certificate, shall for each such oflfence incur a penalty not exceeding fifty pounds, (g-) A certificate of competency for a foreign-going ship is deemed Certificates for to be of a higher grade than the corresponding certificate for a [^fpf ^vldlable home-trade passenger ship, and entitles the holder to go to sea for liome-trade in the corresponding grade in such last-mentioned ship ; but a ^^p™^*"^ certificate for a home-trade passenger ship is not available for a foreign-going ship. (A.) 5 30. All certificates, whethei- of competency or service, are TheEegistrar ■ 1 • J 1" J + j-ln to record irequired to be in duplicate, one part being deuverea to tne grants, can- pgjlo+ioiiH &C (e) 17 & 18 Vict. c. 104, s. 134, (o) 17 & 18 Vict. o. 104, s. 136. of certificates.' (/) Ibid., s. 135. (A) li^; s- 137. B 18 CHAP, ir.— THE APPOINTMENT, ETC., OP THE MASTER. Duplicates and entries to be evidence. In case of loss a copy to be granted. Prodnction of certificates. Pilotage certificates. person entitled to the certificate. The other part is kept and recorded by the Registrar-General of Seamen, or other person appointed by the Board of Trade for the purpose, to whom the Board of Trade is required to give immediate notice of all orders made by it for cancelling, suspending, altering, or otherwise affecting the certificate, such Registrar or other person being required to make a corresponding entry in the record of certifi- cates. Copies of certificates and of such entries purporting tO' be certified by the Registrar or other proper officer are primd facie evidence of their contents, (i) § 31. A master or mate who satisfies the Board of Trade that he has, without fault on his part, lost or been deprived of his certificate, may require upon payment of the prescribed fee, a copy of the certificate to which, by the record, he appears to be entitled, to be made out and certified as above mentioned, and delivered to- him ; and a copy purporting to be so made and certified has all the effect of the original. (^) § 32. The master of every foreign-going ship is required to- produce his own and his mates' and engineers' (if any) certifi- cates to a superintendent of Mercantile Marine offices on signing- the agreement with his crew; or, in case of a running agreement, before the second and every subsequent voyage made after it& first commencement. In the e&s^^irf home-trade passenger ships, the certificates of the master, nia^*ais^ engineer (if any) are required to be produced to a superintendent within twenty- one days after the 30th of June and the 31st OiL December in. each year.(r) Pilotage Certificates for Masters and Mams. § 33. In addition to the befoce=ciMitionedt^ certificates, the- master ought to take care to obtain the^^Bper pilotage certifi- cate for himself and his mate. He should be so familiar with- the waters and dangers of the navigatio'n of and adjoining to the- port to which his ship belongs, as to be able to pilot his own ship- while therein without having a licensed pilot on board. But, as ■will be seen hereafter, when we treat of pilots, (m) he cannot legally do this unless he or his mate be possessed of a pilot's-- certificate from the pilotage authority of the district. In order to obtain such a certificate, the master or mate of any ship may, upon giving due notice, and consenting to pay the (i) 17 & 18 Vict. c. 104, s. 138. See 46 & 47 Vict. c. 41, s. 41, as to a register of certificates of skippers and second bands of fisbing boats.. Qc) 17 & 18 Vict. c. 104, s. 139. In the case of Colonial certificates (§ 40, infra), the authority granting the cer- tificate, is for the purposes of this section substituted for the Board of -Trade. See- 0. in C, May 9, 1891. (/) 17 & 18 Vict. 0. 104, ss. 161, 162 ; 25 & 26 Vict. c. 63, ». 10 ; as to engineers, infra, §§ 36-39. (m) Infra, Chap. XII. §§ 33-35.— EXAMINATIONS AND CERTIFICATES (PILOTAGE). iq usual expenses, apply to any pilotage authority (w) to be Master or examined as to his capacity to pilot his ship, or any one or more ™ate.ifex- ships belonging to the same owner, within any part of the passed, to district over which the authority has jurisdiction ; he will then, ''aotlL^cer if the authority thinks fit, be examined ; and if found com- tificate en- petent a pilotage certificate will be granted to him, containing pUotpartLkr his name, and specifying the ship or ships in respect of which ships. he has been examined, and the limits within which he is to pilot the same. Such a certificate enables the applicant to pilot any ship so specified of which he is acting as master or mate at the time, but no other, within the prescribed limits, without incurring any penalties for not employing a qualified pilot.(o) It remains in force for one year only, unless renewed by indorsement of the Renewal of secretary or other proper officer of the authority by whom it was pilotage granted. (^) If the Board of Trade is satisfied that a pilotage authority Board of Trade has, without reasonable cause, refused or neglected to examine a *" examine and . . ° . grant pilotage master or mate, or to grant him a pilotage certificate after he certificates to has passed his examination, or that his examination has been ^iff^'g" unfairly or improperly conducted, or that any terms imposed or authorities sought to be imposed are unfair or improper, or that any pilotage do"o°^ " certificate has been improperly withdrawn, it may appoint persons to examine such master or mate, and if he is found competent may grant him a pilotage certificate, containing the particulars above mentioned, upon such terms and conditions, and subject to such regulations, as the Board may think fit. Such a certificate has the same efiect as if it had been granted by a pilotage authority. It remains in force for one year, and may be renewed by indorsement either by such person as the Board of Trade may appoint for the purpose, or by the secretary or officer of the pilotage authority.(2') Certain fees, fixed by the pilotage authority with the consent Fees to be paid of the Board of Trade, or in the case of certificates granted or cerdficates renewed by the Board, then fixed by itself, are payable on the and the renewals ^ iiPrPOT (m) "Pilotage authority " includes all given him on application. It was held, bodies and persons authorised to appoint that the certificate was not granted to or license pilots, or to fix or alter rates the master, nor possessed by him, within of pilotage, or to exercise any jurisdiction 17 & 18 Vict. c. 104, ss. 840-353, so as in respect of pilotage. 17 & 18 Vict. to enable him to pilot his ship in the c. 104, s. 2. specified waters. The master should (o) 17 & 18 Vict. c. 104, s. 340. The have the certificate ready to produce, so master of a ship applied for a pilotage as to assure a licensed pilot ofiering his certificate, purporting to enable him to services that the ship is exempt from pilot his ship within certain waters, and compulsory pilotage. TJie Killarney, submitted to the required examination. Lush, 202. The certificate was signed and sealed by {p) Ibid., a. 341. Eenewal is discre- the pilotage authority, and was lying in tionary ; the pilotage authority _ is not the office to be called for by the master, bound to renew without re-examination, but he had not applied for it, and was Beg. v. Trinity House, 35 W. E. 835. ignorant that it was ready and would be (q) Hid., a. 342. 20 Pilotage cer- tificates for " home-trade passenger ships." Power to ■withdraw pilotage certificates. Appeal. • CHAP. II.— THE APPOINTMENT, ETC., OF THE MASTER. granting and renewal of pilotage certificates to masters and mates. These fees are applicable to the expenses and charges of and incidental to the examinations, and the preparation and renewal of the certificates, and- the surplus, if any, to the pilots' super- annuation fund, or otherwise for the benefit of the qualified pilots of the port or district, as the authority, or, as the case may be, the Board of Trade, thinks fit.(r) § 34. The Merchant Shipping Act, 1854, also contains (s) provision for the granting and renewal by the Board of Trade of pilotage certificates to masters and mates of "home-trade pas- senger ships," for which in all pilotage districts pilotage is compulsory. (^) Such a certificate may be granted, either upon proof that the applicant continuously piloted any ship within the limits of a pilotage district for two years prior to the 1st of May, 1855, or upon examination, or otherwise, as the Board may deem expedient. It enables the master or mate to conduct any ship specified in it, within the limits it describes. Fees not exceeding the fees payable on examination for a certificate of competency,(tt) and applicable by the Board in the same way, are payable to the Board on applying for such a pilotage certificate. § 35. The Board of Trade, or a pilotage authority, if satisfied that any master or mate to whom a pilotage certificate has been granted by either of them respectively, has been guilty of misconduct, or has shown himself incompetent to pilot his ship, may withdraw his certificate, which ceases thenceforth to be of any effect, (a;) A right of appeal to the County Court judge or the stipendiary magistrate has been conferred upon pilots aggrieved by decisions of pilotage authorities with respect, inter alia, to the suspension or revocation of licenses, (y) It may be doubted whether this provision confers any right of appeal on masters or mates in case of withdrawal of pilotage certificates. In cases, however, of the im- proper withdrawal of a certificate granted by a pilotage authority, it is open to the holder to apply to the Board of Trade for a new certificate, under sect. 342 of the Merchant Shipping Act, 1854.(3) Examinations and Certificates of Engineers. § 36. If the master command a "foreign-going steamship," or a " sea-going home-trade passenger steamship," he must take care that he has an engineer or engineers who possess certificates according to the following regulations, or he may render himself liable to penalties. (r) 17 & 18 Vict., c. 104, s. 343 ; 52 & 53 Vict. c. 69, ss. 8, 14. («) Ibid.. B. 355. See The Earl of Aueldand, Lush, 164, 387, (t) Ibid., s. 54. (m) liid., s. 133 ; svpra § 26. (x) Ibid., s. 344. M 52 & 53 Vict. 0. 69, s. 4. (z) Supra, § 33. §§ 36-39.— EXAMINATIONS AND CEBTIFICATES (ENGINEERS'). 01 Every steamship which is required to have a master possessing Steamships a certificate from the Board of Trade must also have an eneineer ^^J'^'H "^"^ ,.«,,,,_,_„ o tinoatea or engineers certificated by the Board of Trade. The provisions engineers. on this subject are as follows : — (1) Engineers' certificates shall be of two grades, viz., "First-class engineers' certificates," and " Second-class engineers' certificates" : (2) Every foreign-going steamship of one hundred nominal horse power or upwards shall have as its first and second engineers two certificated engineers, the first possessing a "First-class engineer's certificate," and the second possessing a " Second-class engineer's certificate " or a certificate of the higher grade : (3) Every foreign-going steamship of less than one hundred nominal horse power shall have as its only or first engineer an engineer possessing a " Second-class engineer's certificate " or a certificate of the higher grade : (4) Every sea-going home-trade passenger steamship shall have as its only or first engineer an engineer possessing a " Second-class engineer's certificate " or a certificate of the higher grade : (5) Every person who, having been engaged to serve in any of the above capacities in any such steamship as aforesaid, goes to sea in that capacity without being at the time entitled to and possessed of such certificate as is required by this section, and every person who employs any person in any of the above capacities in such ship without ascer- taining that he is at the time entitled to and possessed of such certifi- cate as is required by this section, shall for each such ofiience incur a penalty not exceeding fifty pounds.(a) § 37. The duty of holding examinations for engineers' cer- Examinations tificates of competency ; of appointing, removing, awarding remu- &r engineers neration to examiners ; of laying down rules as to the qualifications competency. of applicants, and as to the times and places of examination, with other incidental duties, is imposed on the Board of Trade.(&) Such fees as the Board directs, not exceeding the prescribed Fees to be limit,(c) are payable by the applicants. (cZ) These fees are carried ^^^'Ij^'J^jg to the Mercantile Marine Fund, on which the salaries of the Examining Surveyors are charged, (e) And every applicant who Certificates of is duly reported to have passed the examination satisfactorily, ^e'granted'to* and to have given satisfactory evidence of sobriety, experience, those who pass. and ability, is entitled to receive from the Board a certificate of competency as first or second-class engineer, as the case may be.(/) § 38. Persons who before the 1st of April, 1862, served as first Engineers' cor- engineer in a foreign-going steam-ship of not less than 100-h.p. service to he nominal, or attained the rank of engineer in the service of Her delivered on „ - -^ T T ^ i-ii J J. ii a i. proofofcertain Majesty, or of the East India Company, are entitled to a nrst- service. class engineer's certificate of service," difiering in form from a (a) 25 & 26 Vict. o. 63, s. 5. 0) 25 & 26 Vict. c. 63, s. 7. (6) Ibid., B. 6. .(e) 50 & 51 Vict. c. 62, ». 2 ; 45 & 46 (c) For a first-class engineer's certifl- Vict. c. 55, s. 3. cate, £2 ; for a second-class engineei-'s, (/) 25 & 26 Vict. c. 63, s. 8. £1. /Jm^., Sched. Table B. 22 Hegistration and copies. . CHAP. II.— THE APPOINTMENT, ETC., OF THE MASTER. certificate of competency ; and, similarly, persons who before that date served as second engineer in a foreign-going steam-ship of not less than 100-h.p. nominal, or as first or only engineer in any other steam-ship, or attained the rank of first-class assistant engineer in Her Majesty's Service, are entitled to a " second- class . engineer's certificate of service." To obtain these cer- tificates proof of the service and its length and nature, or of the rank, as the case may be, with particulars of name and time and place of birth, must be furnished to the Board of Trade.(g') § 39. The provisions (Ji) for registering masters' and mates' certificates, and orders cancelling or otherwise affecting them, and for keeping, and in case of loss supplying, copies ; for pro- duction of certificates at certain times, (i) and for punishment of frauds respecting them,(^) apply equally to the certificates, whether of competency or service, granted to engineers.(i) Colonial cer- tificates to masters,mates, and engineers. Examinations and Certificates {GoloniaV). § 40. Where the Legislature of any British possession provides for the examination of, and grant of certificates of competency to, persons intending to act as masters, mates, or engineers on board British ships, and the Board of Trade reports to Her Majesty that they are satisfied that the examinations are equally efficient with those for the same purpose in theUnited Kingdom, and that the certificates are so granted as to show the like qualifications and competency as those granted under the Merchant Shipping Acts, and are liable to be forfeited for the like reasons and in the like manner. Her Majesty is empowered, by Order in Council — (1) To declare such certificates of the same force as if granted under those Acts ; and (2) that all or any of the provisions of those Acts which relate to certificates of competency granted thereunder shall apply to the certificates referred to in the Order ; (3) To impose conditions- and make regulations with respect to such certificates, and their use, issue, delivery, cancellation, and suspension, and to impose penalties not exceeding fifty pounds for the breach of such conditions and regulations. Upon publication in the London Gazette the provisions of the Order in Council take effect from the date mentioned therein. Any such order may be revoked by Her Majesty in Council.(m) (g) 25 & 26 Vict. o. 63, s. 9. (h) 17 & 18 Vict. c. 104, ss. 138, 139 ; gupra, §§ 30, 31. (i) Ibid., BS. 161, 162 ; supra § 32. (k) Ibid., a. 140 ; supra % 41. {l) 25 & 26 Vict. e. 63, s. 10. (m) 32 & 33 Vict. c. 11, s. 8. An Order in Council of May 9tli, 1891 (see London Oaz. May 15), is in force with reference to the following British Posses- sions ! — Canada, Malta, Victoria, New Zealand, New South Wales, South Aus- tralia, Tasmania, Bengal, Newfoundland (as regards masters and mates only), Bombay, Queensland, Hong Kong, Straits Settlements, Mauritius (masters and mates only). Regulations are appended in a schedule to the Order. They provide, inter . § 41.— EXAMINATIONS AND CEETIFICATES (FRAUDS). 5,0 Frauds respecting Certificates. § 41. Certain acts with respect to certificates are constituted misdemeanours, punishable by fine, or imprisonment with or without hard labour,(?z) in the following terms : Every person who makes, or procures to be made, or assists in Penalties for making, any false representation for the purposes of obtaining for false' represen- himself or for any other persons a certificate, either of competency or tations : service, or who forges, assists in forging, or procures to be forged, For forging or or fraudulently alters, assists in fraudulently altering, or procures to f^'^J'f "^ be fraudulently altered, any such certificate, or any official copy of any „sW ^ ''' such certificate, or who fraudulently makes use of any such certificate lending any or any copy of any such certificate which is forged, altered, cancelled, certificate, suspended, or to which he is not justly entitled, or who fraudulently lends his certificate to, or allows the same to be used by, any other person, shall for each offence be deemed guilty of a misdemeanour.(o) Cancellation and Suspension of Certificates : Inquiries and Investigations. § 42. It will now be proper to consider the circumstances and conditions under which certificates of officers may be sus- pended or cancelled. The Board of Trade may suspend or cancel Suspension or the certificate of any master, mate, or certificated engineer, if he cancellation is shewn to have been convicted of any ofFence.(^) And this Trade^'^ power is also exercisable in numerous cases by the various courts and tribunals entrusted with the duty of inquiring into the conduct of officers, and the causes of wrecks and casualties. Courts of Inquiry and Investigation. § 43. In the case of certain complaints, or of the wreck or Naval Courts. abandonment of a British ship, Naval Courts may, as we have seen,(2') be constituted to investigate the matter, with power, if unanimous that the safety of the ship or crew, or the interest of the owners, requires it, to supersede the master, and to discharge any seaman.(r) The constitution of such Courts has been already explained, and need not be further discussed here. § 44. We have also seen (s) that in certain cases any Court Admiralty ■having Admiralty jurisdiction in the Queen's dominions, may Co"''*^- remove the master, if satisfied that his removal is necessary, and alia, that the cancellation or suspension general be done By the authority which of a certificate shall extend to all the originally granted it. Colonial certificates possessed by the (n) 17 & 18 Vict. c. 104, s. 618. holder ; and that no certificate may, sub- ' (0) Ibid., 0. 140 : applied to engineers' ject to certain exceptions, be granted to a certificates by 25 & 26 Vict. 0. 63, s. 10. person who has had a certificate cancelled (») 17 & 18 Vict. c. 104, s. 242 (4); or suspended ; and regulate the conditions 25 & 26 Vict. c. 63, s. 23 (2). under which cancelled or suspended certi- (q) Supra §§ 9, 11, 22. ficates may be returned. This must in (r) 17 & 18 Vict. c. 104, ss. 260-263. («) Hwpra § 21. 24 CHAP. II.— THE APPOINTMENT, ETC., OF THE MASTEE. Inquiries and formal investi- gations into wrecks and casualties. Inquiries to be instituted in cases of wreck and casualty. with the consent of the owner, his agent, ox- the consignee, or in the absence of any such person without such consent, appoint a new master in his stead.(i) § 45. In addition to these Courts, tribunals specially con- stituted or adapted for the purpose have been entrusted, both in the United Kingdom and its dependencies, with the duty of inquiring into wrecks and casualties, and into charges of mis- conduct against certificated officers. The law relating to this subject is contained in numerous enactments. An attempt haa been made in the following paragraphs to state it in a connected form. § 46. In any of the cases following, viz. : — Whenever any ship('M) is lost, abandoned, or materially damaged^ or causes loss or material damage to any other ship on or near the coasts of the United Kingdom : Whenever, by reason of any casualty happening to or on board of any ship on or near such coasts, loss of life ensues, and whenever any such loss, abandonment, damage, or casualty(a!) happens elsewhere, and any competent witnesses arrive, or are found at any place in the United Kingdom, the inspecting officer of the Coastguard, or the principal officer of Customs residing at or near the place where the casualty occurred, or, as the case may be, the witnesses arrive or are found or can be conveniently examined, or any other person appointed for the purpose by the Board, is empowered to make inquiry respecting such loss, abandonment, damage, or casualty, and for that purpose has all the powers given by the first part of the Mer- chant Shipping Act, 1854,(2/) to inspectors appointed by the Board. (2) (i) 17 & 18 Vict. c. 104, s. 240. (m) Ship includes " every description of vessel used in navigation not propelled by oars," 17 & 18 Vict. c. 104, s. 2. In the case of fishing boats, the superintendent of a mercantile marine o£Bce is empowered to inquire into the cause of death, injury, ill-treatment, or punishment of any mem- ber of the crew or person on board, and of any casualty to any fishing boat or boat belonging to her ; and in certain cases to report to the Board of Trade, and if neces- sary to take immediate steps for bringing an offender to justice. 46 & 47 Vict, c. 41, 8. 45. {x) I.e. a casualty by reason of which loss of life ensues : Exp. Story, 3 Q. B.D. 166. (y) 17 & 18 Vict. c. 104, ss. 15, 16. These powers are — (1) to go on board any ship, and inspect the same or any part thereof, or any of the machinery, boats, equipments, or articles on board thereof to which the provisionsof the Acts apply. not unnecessarily detaining or delaying her from proceeding on any voyage ; (2) To enter and inspect any premises the entry or inspection of which appears to the inspector to be requisite for the purpose of the report which he is directed to make ; (3) To require the attendance of all such persons as he thinks fit to call before him and examine for such purpose, and to require answers or returns to any inquiries he thinks fit to make. See jB. v. Oolliiigridge, 34 L. J. Q. B. 9 ; infra § 51 ; (4) To require and enforce the production of all books, papers, or docu- ments which ho considers important for such purpose ; (5) To administer oaths, or, in lieu of requiring or administering ah oath, require every person examined by him to make and subscribe a declaration of the truth of the statements made by him in his examination. (See S. v. Tom- linson, L. E. 2 C. C. 49 ; infra, § 51.) Persons refusing to attend as witnesses, after tender of their expenses, or to give §§ 42-59.— CANCELLATION AND SUSPENSION OF CEETIFICATES. 25 If it appears to him, either upon or without such preliminary Formal iDVes- inquiry, that a formal investigation is requisite or expedient, or ^'S^ti'"' ^^^°^'^ if the Board of Trade so directs, he must apply to two justices or a stipendiary magistrate (a) to hear the case, and it then becomes the duty of such justices or magistrate to do so.(&) The investigation may be held at any place appointed by the Board of Trade,(c) subject to this, that it must be in a suitable place, such as a Town Hall, or Assize or County Court, to be determined according to General Rules, and not in general in a Police Court.(t?) The Lord Chancellor is empowered to make General rules. General Rules for this purpose,(£Z) as well as for carrying into effect the enactments relating to investigations, and particularly with respect to the summoning of assessors, procedure, and some other kindred matters, including the amount and application of fees,(e) and the regulation of appeals. (/) Every investigation, how- Conduct of ever, must be so conducted as to give any person against whom a prooeedmga. charge is made an opportunity of making a defence, (e) and in all cases where it is intended to ask the tribunal to pronounce as to the cancelling or suspension of a certificate, it is indispensable that a copy of the report or statement upon which the investiga- tion is ordered should, before its commencement, be furnished to the owner of the certificate ; otherwise, no order dealing with the certificate can be made.(,9) Subject to General Rules and the above qualifications, the person or persons holding the investigation have the same powers of summoning parties and witnesses, and regulating the proceedings, as a court of summary jurisdiction,(6) and also power to award such costs as they deem just, which are recoverable in the same manner as costs of sum- mary proceedings. (A) It is the duty of the person applying for the iuvestigation to superintend the management of the case, and to render to the Court all the assistance in his power. At the conclusion of the case the Court is required to send a report to the Board of Trade, containing a full statement of the case, and of its opinion thereon, with the evidence, (*) and such observations as it thinks fit.(6) In the case of investigations to be held in ?^^|^'^jf^^^*'j°"' Scotland, the Board of Trade is empowered to remit them to the Lord Advocate as he may direct.(A) evidence, or to produce documents, or to withstanding that the Board of Trade make or subscribe declarations, are liable makes no charge : Mc 2>arte Mmto, dS> to a penalty of £10 ; and persons who L. T. 808. wilfully impede an inspector in the per- (c) 39 & 40 Vict. c. 80, s. Si. formance of his duty, to a like penalty, {d) 42 & 43 Vict. c. 72 s. 3 (o). and -to seizure and detention until they (e) 39 & 40 Vict. c. 80 ». SO. can be taken before a justice of the peace. (/) 42 & 43 Vict. i;. 72, s 1 (3). bee (z) 17 & 18 Vict. c. 104, s. 432. the current rules Appx No. 1. 4 See 17 & 18 Vict. c. 104, s. 435, (a) 25 & 26 Vict c. 63 s. 23 (6) and S 48 infra (*) 17 & 18 Vict. c. 104, =. 436. (6) 17 & 18 Vict. c. 104, s. 433. The (i) 25 & 26 Vict. .. 63 s 23. Court may proceed with the inquiry, not- (h) 17 & 18 Vict. c. 104, s. 437 26 CHAP. II.— THE APPOINTMENT, ETC., OF THE MASTER. Inquiry or formal inyesti- gatioQ in certain other cases may be ordered by Board ofTrade. Fishing boats. Wreck CommisBioner. Skilled assessors. Where certifi- cate to be dealt with assessors to have experi- ence in merchant service. Stipendiary magistrate to be the magis- trate who is member of Local Marine Board, and to be paid. § 47. The Board of Trade is also, in addition to its other powers, authorised to cause an inquiry to be made, or a formal investiga- tion to be held as above-mentioned, whenever (1) any ship on or near the coasts of the United Kingdom, or any British ship else- where, has been stranded or damaged, and any witness is found in the United Kingdom ; or (2) a British ship has, or is supposed to have, been lost, and any evidence can be obtained in the United Kingdom as to the circumstances under which she proceeded to sea or was last heard of ; (l) and also whenever loss of life arises by reason of any casualty to or on board any boat belonging to a fishing vessel, all the provisions of the Merchant Shipping Acts and of the Shipping Casualties Investigation Act, 1879,(m) being in this case applicable. (m.) § 48. With a view of rendering investigations into shipping casualties more speedy and effectual, the Lord Chancellor is em- powered to appoint and remove Wreck Commissioners, whose duty it is, at the request of the Board of Trade, to hold such investiga- tions, with the same jurisdiction and powers as justices.(o) Only one such Commissioner has been appointed, no appointment having been made on his death. (p) § 49. The authority holding a formal investigation is required in all cases to do so with the assistance of an assessor or assessors of nautical, engineering, or other special skill or knowledge, to be appointed in manner prescribed by general rules from a list of persons approved for the purpose by a Secretary of State ■,(q) and if the investigation involves, or appears likely to involve, any question as to the cancellation or suspension of a master's, mate's, or engineer's certificate, two at least of the assessors are required to be persons having experience in the merchant service. Each assessor is required either to sign the report made on the investi- gation, or to report to the Board of Trade the reason for his dis- sent ;(r) and no certificate will be cancelled or suspended, unless one assessor at least expresses concurrence in the report, (s) § 50. In places where there is a local Marine Board, and where a stipendiary magistrate is a member of such Board, investigations must, whenever he happens to be present, and when not held by a Wreck Commissioner, be made before such magistrate, who is (t) 39 & 40 Vict. .c. 80, s. 32 ; see note (»). As to the duty of the managing owner or ship's husband to give notice to the Board of Trade of the apprehended loss of a ship, see 36 & 37 Vict. o. 85, &. 22. ' (m) 42 & 43 Vict. c. 72. (Ji) 50 & Ql Vict, c. 4, B. 12. Neither this section nor sect.. 32 has the effect of extending the jurisdiction to cancel or suspend certificates, beyond the cases mentioned in 17 & 18 Vict. c. 104, ss. 242 (infra, § 52), and 432 {avpra, § 46) : ex parte Story, 3 Q. B. D. 166. (o) 17 & 18 Vict. c. 104, s. 29. (p) The late Mr. H. C. Eothery. . (j) The list remains in force for three years only, but persons entered therein may. be approved for a subsequent list, 42 & 43 Vict. c. 72, s. 3 (1). (r) . 39 & 40 Vict. c. 80, s. 80. (s) 25 & 26 Vict. c. 68, s. 23. §§ 42-59.— CANCELLATION AND SUSPENSION OF CERTIFICATES. 27 entitled to be paid out of the Mercantile Marine Fund in respect of his services under the Merchant Shipping Acts, such remu- neration, whether by way of annual increase of salary or otherwise as the Home Secretary, with the consent of the Board of Trade, directs.(^) § 51. The foregoing summary relates to inquiries and investi- gations into shipping casualties : the following enactment provides for the investigation of charges of misconduct or incompetency against certificated oificers. If the Board of Trade or any local Marine Board has reason to Powev to in- believe that any master [certificated engineer,(M)], or mate is from in- vestiarate ca^es competency or misconduct unfit to discharge his duties, the Board of ?f alleged Trade may either institute an investigation or may direct the local and" nns-*^"°^ Marine Board at or nearest to the place at which it may be convenient conduct. for the parties and witnesses to attend to institute the same, and there- upon such persons as the Board of Trade may appoint for the purpose, or, as the case may be, the local Marine Board, shall, with the assistance of a local stipendiary magistrate (if any), and if there is no such magistrate, of a competent legal , assistant to be appointed by the Board of Trade, conduct the investigation, and may summon the master [certificated engineer (m)], or mate to appear, and shall give him full opportunity of making a defence either in person or other- wise,(fl3) and shall for the purpose of such investigation have all the powers given by the first part of this Act {y) to inspectors appointed by the Board of Trade, and may make such order with respect to the costs of such investigation as they may deem just ; and shall on the con- clusion of the investigation make a report upon the case to the Board of Trade ; and in cases where there is no local Marine Board before which the parties and witnesses can conveniently attend, or where such local Marine Board is unwilling to institute the investigation, the Board of Trade may direct the same to be instituted before two justices or a stipendiary magistrate ; and thereupon such investigation shall be conducted, and the results thereof reported, in the same manner and with the same powers in and with which formal investigations into wrecks and casualties are directed to be conducted, and the results thereof reported, under the provisions contained in the eighth part of this Act, save only that, if the Board of Trade so directs, the person bringing the charge of incompetency or misconduct to the notice of the Board of Trade shall be deemed to be the party having the conduct of the case.(») § 52. In the following cases the tribunal by which the case is Cancelling and investigated or tried, may suspend or cancel the certificate of any ^"^Pjg"™^" °^ master, mate, or certificated engineer. (1) If upon any investigation made in pursuance of the last- (0 17 & 18 Vict. 0. 104, s. 435. public. R. v. ColKngridge, 34 L. J. Q. B. {u) 25 & 26 Vict. 0. 63, s. 11. 9. "Wilful and corrupt false-swearing on {x) These words " seem to mean by his - material matter in such an inquiry ^^ counsel or attorney." The Local Marine perjury. B. \. Tomlinson,!!. S,. I C.C. Board has a discretion as to summoning 49. witnesses for- the defence, and for that (;. 63, s. 23, subs. 3. not applied to the case of Colonial oer- The requirement as to forwarding the tificates. See Order in Council of May certificate to the Board of Trade is not 9th, 1891, which contains substituted applied in the case of Colonial certificates. provisions, and § 40 supra. ^^ (») 42 & 43 Vict, c. 72, s. 2 (1). 30 CHAP. II.— THE APPOINTMENT, ETC., OF THE MASTER. Acts, or in a British Possession, (o) to order the case, or any part of it, to be reheard ; and is required to do so if new and im- portant evidence which could not be produced at the investigation has been dicovered, or if in the opinion of the Board there has been ground for suspecting a miscarriage of justice. The case may be ordered to be reheard either by the Tribunal which heard it in the first instance, or by the Wreck Commissioner, or in England by a judge of the High Court exercising Admiralty jurisdiction, or in Scotland by the senior Lord Ordinary, or any other judge in the Court of Session who may be appointed for the purpose. Appeal. § 56. In all cases where, in any such investigation, a decision (p) has been given with respect to cancelling or sus- pending a certificate, and an application for a rehearing has not been made, or has been refused, an appeal lies at the instance of the officer affected, (2) where the decison was given in England, or by a Naval Court, to the Admiralty Division of the High Court of Justice ; where it was given in Scotland, to either Division of the Court of Session ; and where given in Ireland, to the Court or Judge of the High Court exercising Admiralty jurisdiction, (r) Appealfrom § 57. In the case of inquiries held under the Colonial In- Cour^s. quiries Act, 1882, (s) wiere a rehearing has not been applied for or has been refused, an appeal lies " from any order or finding of the Court or Tribunal holding " the inquiry to the Admiralty Division of the High Court in England ; provided, however, that no appeal lies from an order or finding in an inquiry into a casualty affecting a ship registered in a British Possession, or from a decision respecting the suspension or cancellation of a certificate, unless such certificate was granted under the Merchant Shipping Act, 1854, or some amending Act, or under the Merchant Shipping Colonial Act, 1869;(0 It will be observed that the words conferring an appeal from the Colonial Courts are wider than those which confer an appeal from Tribunals in the United Kingdom and from Naval Courts, and it seems that, in cases where an appeal lies from a Colonial Court to the High Court, any party to the proceedings, whether an officer or not, who is aggrieved by an order of a Colonial Court, would have a right of appeal. (0) And see 45 & 46 Vict. c. 77, e. 6. Board of Trade should have a right of Ip) A refusal to grant a rehearing is appeal against a, refusal to deal, with a not "a decision" from which an appeal certificate, nor is any attempt to promote lies. I%e Ida, 11 P. D. 37. such an appeal reported. (q) Not at the ihstance of the owner, 'M 43 & 43 Viot. c. 72, s. 2 (2). even though he may have been condemned (s) 45 & 46 Vict. 0. 76. in costs. The Golden Sea, 7 P. D. 194. . (t) 32 & 33 Vict. i^. 11, see 45 & 4|> It does not seem to be intended that the Vict. c. 76, s. 6. §§ 60-67.— HIS KEMUNEEATION. gi § 58. The practice with respect to hearing of appeals is Practice on regulated by general rules made under the authority of the Lord ^PP^als. Chancellor.(it) Where it is desired to adduce fresh evidence, application for leave to do so should be made before the hearing of the appeal, (a;) The Admiralty Court, being assisted by skilled assessors, does not admit evidence relating to matters of nautical skill and practice.(y) The Court which hears the appeal Costs, has a discretion as to the costs occasioned thereby.(2) The unsuccessful party will in general be ordered to pay the costs of the appeal, and where a certificate has been dealt with below at the invitation of the Board of Trade, or where the Board resists a suc- cessful appeal, no exception is made in its favour.(a) Where the Board having resisted an appeal, the Court affirmed the decision of the Wreck Commissioner, suspending a certificate, but being of opinion that the punishment was too severe, recommended that the remainder of the suspension should be remitted, both parties were left to bear their own costs. (6) § 59. All the provisions of the Merchant Shipping Acts Fishing boats. with respect to the suspension and cancellation of certificates, and inquiries and investigations into the conduct of their holders, and all other provisions relating to certificates of masters and mates, apply also to the certificates of skippers and second hands of fishing boats, (c) His Remuneration. § 60. The master is remunerated for his services by a salary By salary or or wages, which he receives from the owners. The amount of '^^S^^- such salary is a matter of private arrangement and agreement between the master and those owners who employ him. His right to it was never like that of seamen in former times, dependent on the earning of freight. The old rule, that " freight is the mother of wages " did not apply to him.(c?) And unlike a seaman, he may insure his wages as well as any commissions or other interest that he may have in the ship or the voyage.(e) § 61. The consideration for his receiving this salary is his performance of his duties towards the owners employing him. If, therefore, he is guilty of desertion, (/) or of any gross mis- What forfeits conduct, such as barratry, or constant drunkenness, and a con- ?,g wages™ sequent non-performance of duty, or entire neglect of his duty (u) 42 & 43 Vict. c. 72, s. 2 (3) ; 45 & Famenoth, 7 P. D. 207, 216, and see The 46 Vict. c. 76, 3. 6 ; 39 & 40 Vict. c. 80, . Gulden Sea, ibid., 194. B.30. Seethe Shipping Casualties (Appeal (J) The Kestrel, 6 P. D. 182. and Kehearing) Rules, 1880. App. No. 1. (c) 46 & 47 Vict. c. 41, s. 39. (x) The Famenoth, 7 P. D. 207. (d) Hawkins v Tmzell 5 E. &^- 883. (y) The Kestrel, 6 P. D. 182. («) King v. Glover, 2 B. & P. N. K. (z) Shipping: Casualties (Appeal and 206. „, ,.t o „_. Kehearing) Bules, E. 6. (/) Tlie Boebuclc, 31 L. T. N. S. 274. (o) 2he Arizona, 5 P. D. 123 ; The 32 CHAP. II.— THE APPOINTMENT, ETC., OF THE MASTER What is not sufficient to work a for- feiture. What forfeits part of his wages. as master, as by making over the command of the ship to another person ■,(g) or if he exhibit throughout a voyage gross incapacity, he loses all right to recover wages, which were grow- ing or accruing due, but which had not actually become due at the time of such wrong behaviour. (A) Again, the instructions given to a master may be so precise and positive, that if he wilfully disobey them, his disobedience, even though no evil consequences arise, may entail an entire forfeiture of his wages, (i) And in a recent case where the mortgagee of a ship put a man in possession, and the master put to sea with the man on board, he was held to bo disentitled by his conduct from claiming anything against the mortgagee from the time of taking possession.(A;) But where the orders of persons claiming to be mortgagees were disobeyed by the master who claimed to be owner of a moiety of the ship, and disputed the title of the mortgagees in respect of such moiety, it was held in Ireland, without entering upon the merits of the dispute, that the master was entitled to wages for the whole period of his service.(Z) § 62. The master does not forfeit his wages by occasional drunkenness ; (m) and, speaking generally, nothing more can be reasonably required or expected of him than the honest exercise of his discretion, according to the degree of ability and experience in business which such an oflScer may fairly be supposed to possess, and no mere error of judgment on his part, not tainted with any guilty intention or corrupt motive, will have the effect of causing a forfeiture of his wages. (»i) On this principle, neither want of seamanship in a master, nor neglect to com- municate to a Lloyd's agent the stranding of his ship, nor neglect to sign a bottomry bond, will bar his claim for wages if he has actually continued in command of the ship.(o) And where a master, having instructions to take payment of balance of freight either in cash or by bank bill, took without sufiScient inquiry a bill which was not a bank bill, in the belief that it was such, and which was afterwards dishonoured, his misconduct, not being wilful, did not subject him to a forfeiture of his wages, nor ■to a deduction therefrom of the amount of his owners' loss.(2?) § 63. In a suit for wages, the Court of Admiralty has juris- diction to entertain and determine all questions of forfeiture of the whole or part of the wages, or of deductions therefrom, by ig) See Taylm v. LAvrd, 1 H. & N. 266. (h) The I'/wmas Worthington, 3 W, Eob. 128, 133 ; The CamiUa, Snab. 314 ; The Ilaeleod, 5 P. D. 254 ; Maude and The Fairport, 10 P. D. 13. Tlie Joseph Dexter, 20 L. T. N. S. . Pollock, 4th ed. 120. Cp. The Marina . fmisconduot of engineers),. 50 L. J. Ad. 33, post § 485. . (i) The Thomas Worthington, 3 W, Eob. 134 ; TJie Soebuck, uhi sup. (.4) (0 820. Im) The Atlantic, Lush, 566. (n). The Tlunnas Worthington, uhi sup. (o) The Camilla, ubi syp. [p) Tlie Dunmore, 32 L. T. N. S. 34. §§ 60-67.— HIS REMUNERATION. 33 reason of desertion, misconduct, incompetenoyj embezzlement, or the like. Thus where a, master, contrary to his owner's directions, changed his destination, and, under the alleged fear of belligerents, employed his ship for five months on voyages which his owner had not authorised, and afterwards left his ship for several days, but with the intention of returning to her, it was held that his conduct did not work an entire forfeiture, but that he was not entitled to any wages for the five months during which his disobedience continued ; and that though his quitting the ship did not amount to desertion, yet his conduct was such as to justify the owner in removing the ship and appointing another master, and he could claim no wages from the date of her removal.(2') Where any loss, the amount of which is sub- stantially a liquidated amount, has been occasioned by the gross neglect or misconduct of the seaman, the Court will allow such loss to be deducted from the claim for wages ; and it is the constant practice of the Court to deduct from the wages of the master and mate Bums which the owners have been obliged to pay by reason of short delivery of goods occasioned by the neglect of the master or mate.(r) But where the amount of such loss is unliquidated, and the misconduct is not such as to work a for- feiture, it cannot be set up either in bar or reduction of the claim, the remedy of the owner being by counter-claim or cross- action for breach of the contract.(s) § 64. If a master engaged for a voyage out and home is Master's rights wrongfully discharged abroad, he is entitled to wages until he when wrong- can obtain other employment, and in strictness, it seems, up to charged, the termination of the contract.(^) A master who is, either in breach of his contract or in consequence of the loss of his vessel, discharged at a distance from his own country, will be awarded, in common with the crew, his viaticum — i.e. expenses of going home when any such are incurred — in addition to such wages as he may be entitled to.(u) And where he has by legal proceedings recovered his wages, with the costs of the action, he will also receive, as part of his costs, detention and subsistence money for the time daring which he is necessarily detained ashore for the purposes of the action, (a;) § 65. Besides his salary or wages, which is a matter of agreement between the master and those who employ him, he is (?) Tlie Boehuch, 31 L. T. 274. (m) The Elin, 8 P. D. 42, 129. As to (r) Maude and Pollock, 4th ed. 121 ; priorities, see The Immacolata Concezi- The New Phoenix, 2 Hagg. 420. one, 9 P. D. 37 ; see also The Baffaellucia, (s) Williams and Bruce, 2nd ed- 195 ; 37 L. T. 365 ; infra § 512. The Camilla, Swa. 314 ; The Sir Charles {x) As to the scale of detention and Napier 5 P. D. 73. subsistence money recoverable, see The (f) The Camilla, Swa. 312, 316 ; and Boyal Family, 31 L T. 704 ; see also see The Blessing, 3 P. D. 35. T/.e Carolina, 34 L. T. 399 C 34 Primage and average. Primage. Average. Express agree- ments as to primage and average. Master may not trade on liis own account. CHAP. II.— THE APPOINTMENT, ETC., OF THE MASTER. usually also entitled to what is called " primage " and " average." They are generally stipulated for in the bills of lading thus, " with primage and average accustomed." " Primage," formerly called " hat-money " or " pocket-money," is a small payment made by the owner or consignee of the goods to the master for the care and trouble he has bestowed upon them. It varies in amount according to the particular trade in which the ship is engaged. Where it is made payable by the consignee, the master may sue him for it, although the freight has been already settled with the shipowner, (y) The word " average" in the bill of lading denotes several petty charges, which are to be borne partly by the ship and partly by the cargo, such as the expense of trimming, beaconage, &c. Some of the foreign ordinances specify the particulars that fall under this head, and the mode of distributing the charge, but with us they depend entirely upon usage. This and the preceding article of primage are often commuted for a specific sum, or for a certain percentage on the freight. (») Where by the bill of lading goods were to be delivered to the consignee, " he paying freight for the same as per charter-party, with primage and average accustomed," and the agreement between the shipowner and consignee (there being no actual charter-party) was for so much per ton, not mentioning primage, it was held that the master was entitled to primage from the consignee, although the master's bargain with the owner was to receive beyond his wages a sum certain " in lieu of all cabin and other allowances."(a) But where by his agreement with the owners the master was paid a fixed salary, " to include all charges and allowances," and a charter-party had been entered into at a freight of " 60s. per ton in full," it was held that the master could not sue the consignees for primage, although he had signed a bill of lading stipulating for " 5 per cent, primage in cash on delivery as customary. "(&) § 66. As it is the duty of the master to devote all his time and energies to the duties of his ofiice and to promoting the interests of his employers, the law does not allow him to trade on bis own account, or to hire out any part of his services to another,(c) or to claim any premium for himself out of transactions in which he is engaged on behalf of his employers, even although it may have been the custom for a master to do so.{d) If the (y) " Primage is an old charge, and clearly in its origin payable to the master. It is called in old books hat nionoy," per Lord Tenterden, JBe/it v. fiaunders, M. & M. 212 ; Gliarkton v. Cotesworth, K. & Moo. 175 ; Maude and Poliock, 4th ed, 121. (2) Maclaohlan, 3rd ed. 450. («) Best V. Saunders, M. & M. 208. (b) .Caughey v. Oordon, n C. V. T>. 419. (c) Gardner v. M'Outcheon, 4 Beav. 534. (d) Diplock V. Blackburn, 3 Camp. 43 § 68-73.— MASTER'S REMEDIES FOR WAGES AND DISBURSEMENTS. 35 master earns anything, either by trading on his own account or by hiring out his services to others than those by whom he is employed as master, the owners or persons by whom he is employed as master are entitled to such earnings.(e) § 67. Closely connected with the subject of the master's Disburse- remuneration is that of his disbursements. In addition to his ™^° ^' salary, he is entitled to be repaid all sums expended, and to be indemnified against all liabilities incurred, in the course of his agency on account or for the benefit of the ship.(/) What may properly be claimed as disbursements will be considered here- after.((7) It is necessary to refer to them here, since, as will be presently seen, the master has the same remedies for the recovery of his disbursements as for that of his wages. The Master's Remedies for Wages and Disbursements. § 68. In respect of his own wages, the master's rights and The master's ,., TO- T t J.T. c J- n\ 1 remedies before remedies long dmered from those or ordmary seamen. J^ ormerly ti,g Merchant he could not sue for them in the Admiralty Court ; (h) nor had he by Shipping Act, the law of England any lien either on ship or freight for his wages, or for necessary disbursements to fit the ship for the voyage, or for stores, repairs, or provisions, (i) This principle of law was estab- lished to preserve the legal control and management of the vessel to the owner. The owner was the employer, the master was his servant, not his agent, in the general sense of that word ; and as a servant he could not set up such a claim. (A) § 69. By the Merchant Shipping Act, 18 54,(Z) however, " every Master to master (m) of a ship shall, so far as the case permits, have the ,.'eroedi™^fcr same riahts, liens and remedies for the recovery of his wages, which wages as , , , J 7 • seamen. ly this Act, or hy any law or custom, any seaman, not being a master, has for the recovery of his wages ; and if in any proceeding in any Court of Admiralty or Vice- Admiralty, touching the claim of a master to wages, any right of set-off or counter-claim is set up, it shall be lawful for such Court to enter into and adjudicate upon all questions, and to settle all accounts then arising or out- standing and unsettled between the parties to the proceeding, and to direct payment of any balance which is found to be due."(?i) (e) Thompson v. Ilavehck, 1 Camp. (i) Wilkins v. Cannichael, 1 Doug. 101 ; 527 ■ iShaUcross v. Oldham, 2 .J. & H. Hussey v. Christie, 9 East. 426; t,milk 609. V. Plummer, 1 B. & Aid. 575 ; hnstoicc if) Story on Agency, 335, per Lord v. Whitmore, 9 H. L. 391. Tenlerden, C. J., Thacker v. Moates, 1 (Ic) Per Lord Weusleydale, Brtstoive v. Moo. & E. 79 ; Ihe Feronia, L. B. 2 Ad. Whitmore, 9 H. L. at p. 411. 65, 76 ; The Marco Polo, 24 L. T. 804 ; [J) 17 & 18 Yict. c 104, _s. 191. The Favrport, 8 P. D. 48. ("') By s. 2 "mas er" inchules ovpr> (g) Infra SS 403-408. person (except a pilot) having coinmaiKl (70 CUij'y. Snekjrave, 1 Ld. Haym. or charge of any ship. 576 JRagg y. King, 2 Str. 858; The {n) The remedy given by this sect on Lm-d Hobart, 2 Dods. at p. 104. applies in the case of a master of a foreign 36 Maritime lien for wages. Remedies for disbursements and wages due under special contract. Earlier enact- ments. Maritime lien for disburse- ments. CHAP. II. —THE APPOINTMENT, ETC., OF THE MASTER. The rigbtg, liens, and remedies which seamen have for the recovery of their wages are considered at length elsewhere.(o) The most important of them is the "maritime lien." In this and the following sections it is intended only to indicate in what respect the position of the master is peculiar. It is at once apparent that the foregoing enactment conferred no jurisdiction upon Courts of Admiralty in respect of a master's disbursements, unless a right of set-off or counter-claim was set up, in which case the whole account could be gone into.(^) Neither did it enable such Courts to entertain any claim " founded upon a special agreement, "(g') For wages earned under an ordinary agreement, the effect was to confer upon the master a " a maritime lien " over ship and freight, enforceable in the Admiralty Court. By the Admiralty Court Act, 1861, it was enacted that(r) " the High Court of Admiralty shall have jurisdiction over any claim by a seaman of any ship for wages earned by him on board the ship, whether the same be due under a special contract or otherwise, and also over any claim hy the Tnaster of any ship for wages earned by him on board the ship ; and for disbursements made by him on account of the ship : provided always, that if, in any such cause, the plaintiff do not recover fifty pounds, he shall not be entitled to any costs, charges, or expenses incurred by him therein, unless the judge shall certify that the cause was a fit one to be tried in the said Court." The jurisdiction conferred by this Act on the High Court of Admiralty may be exercised either by proceedings in rem, or by proceedings in personam.(s) It is now vested in the Probate, Divorce and Admiralty Division of the High Court of Justice. (<) § 70. It was held for several years that the joint effect of these statutes was to confer upon the master a maritime lien for ship : The Milford, Swab. 362 ; The Jonathan Goodhue, Swab. 524 ; but the jurisdiction conferred is discretionary only, and notice of the institution of proceedings should be given to the Consul of the State to which the ship belongs ; otherwise, upon bis protesting against the action being allowed to proceed, it is liable to be dismissed : The Herzogin Marie, Lush. 292 ; The Octavie, Br. & L. 215 ; Tlie Leon XIIL, 8 P. D. 121 ; and see The Timor, 9 L. T. 397. Under this section also, a master has a lien for bis wages in the Vice-Admii'alty Court, whatever may be the municipal law of the colony : The Bajah of Cochin, Swab. 473. The object of this section is to enable the Court to do justice where the owners set up a counter- claim with reference to the ship's other disbursements ; but the Court refused (before the Judicature Acts) to take cogni- zance, in a suit for wages, of a master's claim to an equitable share in the vessel : The D. Jex, 13 L. T. 22. On the other hand, in a cause of wages and disburse- ments, instituted on behalf of a master, himself a co-owner, against other part owners, the defendants may plead in answer, that on a balance of account between the master as co-owner and the defendants, nothing is due to the master : 2he City of Mobile, L. R. 4 Adm. 191. (o) §§ 509 et seq. infra. (p) Tlie Caledonia, Swa. 17. (j) See The Tecwmseh, 3 W. Eob. 144 ; The Harriet, Lush. 285. (r) 24 Vict. c. 10, s. 10. (a) Ibid. s. 35. («) 36 & 37 Vict. c. 66, s. 34; 38 & 39 Vict. c. 77, s. 11 (3). §§ 68-73.— MASTER'S REMEDIES FOR WAGES AND DISBURSEMENTS. 37 his wages whether earned " under a special contract or other- wise," and also for his disbursements. («6) At length, however, it was held by the House of Lords, reversing the decision of the Court of Appeal, that a wrong construction had been put upon the last cited statute, and that the master had no maritime lien for his disbursements.(ic) This decision was immediately New followed by a further enactment whereby («/) it was provided enactment, that " every master of a ship, and every person lawfully acting as master of a ship, by reason of the decease or incapacity from illness of the master, shall, so far as the case permits, have the same rights, liens, and remedies for the recovery of disbursements properly made by him on account of the ship as a master of a ship has for the recovery of his wages." And the section goes on in terms similar to those of the Merchant Ship- ping Act, 1854, s. 191,(2) to empower the Court, when any set-off or counter-claim is set up, to enter into and settle all accounts. § 71. The last-mentioned decision of the House of Lords Whether lien suggests a doubt whether the master is in truth entitled to a undlr^fpeirr maritime lien for wages earned " under a special contract." The contract, question has not been recently raised in a Court of law, and may possibly be considered as still open. It is apprehended, however, that the lien would be maintained.(a) § 72. Jurisdiction over masters' wages and disbursements was Colonial conferred upon Vice- Admiralty Courts by the Act of 1863; (6) ia^'alty. and in future, under the Act of 1890,(c) where the Act is in force. Colonial Courts of Admiralty will have in these respects the like Admiralty jurisdiction with the High Court in England. Jurisdiction over any claim for wages (but not for disburse- ments) (d) is also possessed by County Courts having Admiralty jurisdiction, where the amount claimed does not exceed £150.(e) § 73. The result of the foregoing enactments is that the master Result of may now proceed to recover his wages and disbursements, either enactments. by action against the owners personally, or by process against the ship itself in the Admiralty Court, for the enforcement of the lien, which he now has equally with the seamen. He is entitled (m) The Mary Ann, L. E. I Ad. 8 ; cases. As to the meaning of the words The Ringdove, 11 P. D. 120. " Special contract," see The Tecumseh, (x) the Sara, 14 Ap. Oa. 209 (12 3 W. Rob. 144. P. D. 158, in C. A.). (h) 26 Vict. c. 24, s. 10 (2). (y) 62 & 53 Vict. c. 46, s. 1. (c) 53 & 54 Vict. c. 27, ss. 2, 3, 16. (») Supra, § 69. {d) The Dictator, 4 Asp. M. C. 19. {a) See the question considered in a (e) 31 & 32 Vict. c. 71, s. 3, siib-s._2. pamphlet entitled " Maritime Lien," by This sub-section has been held to give the present editor (Stevens & Sons, 1889). jurisdiction over a master's claim for The recent statute would seem to assume damages for wrongful dismissal. The the existence of the lien for wages in all Blessing, 3 P. D. 35. 38 CHAP. II.— THE APPOINTMENT, ETC., OF THE MASTER. to sue the ship for wages, as " earned by him on board the ship, ' within 24 & 25 Vict. c. 10, s. 10, if he performed the duties of master, although during his services he did not sleep on board the ship, and although many of his duties were performed on shore. (/) Double pay. It was formerly held that s. 191 of 17 & 18 Vict. c. 104, entitled a master whose wages were improperly withheld to the double pay enjoyed by seamen under the 187th section of that Aot.(^) But in the case of The ArinaQh) it was decided that that view was incorrect, and that a master is entitled neither to double pay under those sections, nor to wages " until the time of final settlement" under 43 & 44 Vict. c. 16, s. 4.(A) It has also been held, but without argument, that he is entitled to compensation for a reduction in the allowance of provisions under the 223rd section.(*) In view of the decision in The ArinaQi) it may be doubted whether this opinion would be upheld. Limitation: It seems that by the operation of 4 Anne, c. 16, s. 17, and six years. ^he 191st sect. of 17 & 18 Vict. c. 104, the master of a ship has, like other seamen, six years within which he may bring his suit for wages in the Court of Admiralty,(^) His " mari- time lien." What it is. His Maritime Lien. § 74, The master has now, as we have seen,(Z) a maritime lien for his wages and disbursements, and not merely a right to proceed for their recovery. " A maritime lien does not include or require possession. The word is used in maritime law, not in the strict legal sense in which we understand it in Courts of common law, in which case their could be no lien where there was no possession, actual or constructive ; but to express, as if by analogy, the nature of claims, which neither presuppose nor originate in possession A maritime lien is .... a claim or privilege upon a thing, to be carried into effect by legal process, and Story, J.(m) .... adds, that wherever a lien or claim is given upon the thing, the Admiralty enforces it by a proceeding in rem This claim or privilege travels with the thing into whosesoever possession it (/) The Chieftain, B. & L. 104. (f/) Tlie Princess Helena, Lush. 190. \li) 12 P. D. 118 ; see these sections, § 495 infra. (i) The Josephine, Swab. 152 ; see § 624 infra. (k) The Chieftain, Br. & L. 212 ; see also 21 Jao. I. o. 16, s. 3, § 515, infra. (Q /Supra, §§ 69, 70. But the Court of Aflmiralty haci, before Ihe Judicature Acts, no jurisdiction over a maters claim for wages paid to the crew and for neces- sary disbursements made by him in foreign ports. Tlie Victoria,''^! L. J. Adm. 12. A mate acting in the capacity of master has now, as we have seen (sup. % 70), a lien. (to) Ihe Brig Nestor, 1 Sumn. at p. 78. The converse of this proposition is not true. The Heinrich Bjom 11 App. Ca. 270. §§ 74-79— HIS MARITIME LIEN. 39 may come. It is inchoate from the moment the claim or privilege attaches, and when carried into effect by legal process, by a proceeding in rem, relates back to the period when it was first attached, "(m) § 75. The disbursements made by the master, for which he For what dis- has, as we have seen, a maritime lien, include all pr(yper ''°''^®™^°*^- expenditure made by the master upon the ship, whether the particular articles, the subject of this expenditure, were obtained by immediate or by promised paymenl; ; and the expenditure is proper if the particular articles have actually been applied to the use of the ship, and if these articles were such as the necessities of the ship required and justified. (o) All the incidental charges and ex]penses necessarily incurred by the master to preserve the property of the owners, and to enable the master to accomplish the objects of his owners, must be fully paid by the latter. If, for example, he expend money of his own for the necessary benefit of the ship, he has a right to call upon the owners to repay him.(29) So, if he has, by the express or implied request of his owners, necessarily incurred expenses in carrying on or defending suits for the benefit of his owners, those expenses must be borne by them. (2) But if he has, voluntarily and without any authority, made advances or payments, or has incurred unreasonable, useless, or superfluous expenses, the owners will not be bound to any reimbursement thereof, (r) § 76. A master may enforce his maritime lien for wages and Under what disbursements against the ship,(s) although persons have become enforoeahK*^ interested in her as purchasers {t) or mortgagees, («) without notice of the lien ; although he was appointed by time charterers, if the circumstances were such as to constitute him the servant of the owners (x) and their agent for the pmrpose of making dis- bursements ; or by a person who fraudulently obtained possession of the ship, if the master has discharged his duties in ignorance of the fraud; (2/) and although he is himself a part owner, (2:) or (n) Per Jervis, C.J., The Bold Buc- 1891 (54 & 55 Vict. 0. 31), the lien must cleugh, 7 Moo. P. 0. 267, 284; The now be enforced against the security Feronia, L. E. 2 Ad. at p. 72 ; see also given under that Act ; see ss. 1, 3, 5. The Nymph, Sw. 86, and § 510 et seq., (t) The FairpoH, 8 7. J). iS; The infra Bengal, Swa. 468. (o) The Feronia, L. E. 2 Ad. 65, 75. (u) The Chieftain, B. & L. 104, 212 ; (p) Stoiy on Agency, 385; per Lord The Caledonia, Swa. 17; re Bio Orande Tenterden, C. J., Thacker v. Moates, 1 do Sul Steamship Co., 5 Ch. D. 282, q.v. Moo & E. 80. as to costs of enforcing lien. (g) Story on Agency, 335 ; The James (x) The Beeswing, 58 L. T. 554; Ihe L. E. 1 Adm. 62. Turgot, 11 P. D. 21, and see Morgan (r) Story on Agency, 336. As to what v. Castlegate Steamship Co. (1898), A. is included under the term necessary, see C. 38. further § 404, infra. (y) The Edvnn,3. & L. 281. (s) In the case of mail ships exempted (z) T/ie Feronia, h. E. I Ad. b& , from arrest under the Mail Ships Act, The Daring, ib. 260. 40 CHAP. II.— THE APPOINTMENT, ETC., OF THE MASTER. a rQortgagee.(a) Nor will his lien be prejudiced by the com- mencement of bankruptcy or winding-up proceedings against the owners of the ship.(&) Lien may be § 77_ \Ye have Seen that the master may by misconduct for- waived or lost. ».. ,. _, -,,.„ i/v-n- i leit his wages or suffer a deduction from them.(c) He may also, without misconduct, lose or waive his lien ; and in this respect he does not differ from seamen. But it may be convenient to advert to the subject here, as questions of the kind more frequently arise in actions by masters for wages and disbursements than in seamen's actions for wages. The maritime lien may always be lost by such delay, or laches, as would render it inequitable to enforce it, having regard to subsequently acquired interests.(cZ) But it seems that the wages lien, in respect of which a time is limited by law,(e) would not be defeated within the statutory period of six years unless a very strong case were established.(/) Examples. In fJie Be7yal,{g) the master was hired by Eobinson, the then owner of the ship, and sailed in her to Port Philip, where she u'as sold by the owner in November, 1854. In November, 1856, the master arrived in London and sued Robinson for his wages, and obtained judgment on the Ist May, 1857. On the 28th May, 1857, Eobinson was adjudged bankrupt. On the 14th September, 1857, the master filed his claim in bankruptcy against Eobinson's estate, but the estate was insolvent, and the trade assignee did not pay the master's wages. In February, 1859, for the first time, as he alleged, the master discovered the ship, and it was held that he had still his lien, which followed the ship into the hands of the purchasers, and that he was entitled to sue the ship for his unpaid, wages in the Admiralty Court, although the ship had changed hands. In The Fairportjih) l^he master had drawn in May, 1880, for his disbursements upon charterers, and the bills were dishonoured. Judgment was recovered against him on the bills in July, 1881; and in October of the same year the ship was sold to persons who alleged that they had purchased without notice of the master's claim. In November, 1882, he brought his action in rem against the ship and freight, and it was held that he was not debarred by laches from enforcing his lien. But the master or seaman may, by voluntarily electing to waive immediate payment, surrender his maritime lien, and (o) The Bepulse, 2 W. Bob. 398. owner does not operate as a release of the . (i) In re T. O. 11, Ir. Sep. Eq. 151 ; ship. The Chieftain, B. & L. 212. Be Bio Grande do Swl /Steamship Co. (e) 4 Anne, c. 16, s. 17, svp. § 73. uU sup. If) lAe ^o^aZJ.rc/i, Swa. 269, 284. ; (c).Swpra,.%% 62, 63. Iq) Swa. 468. ' {d) But the personal . release of the (A) 8 P. D. 48. §§ 74-79.— HIS MARITIME LIEN, 41 restrict himself to his personal remedy against his employers. Lien may be Thus, where a seaman, having the option at a foreign port to ^^^^^i^- receive his wages in money or by bill upon the owners, prefers the latter as more convenient for remittance home, he loses his claim against the ship if the bill is dishonoured.(i) And so, where a master elected to allow a portion of his wages to remain in the managing owners' hands at interest, and the managing owners became bankrupt, he was held to have lost his lien with respect to that portion, but not with respect to so much of his wages as the Court was not satisfied that he had had an oppor- tunity of receiving, the Court requiring clear proof from ship- owners who allege an agreement by their servant to allow his wages to remain in their agent's hands, and to forego his rights against themselves.(A) Where a master, being under contract to supply and pay for provisions for the crew, left a balance in the hands of the managing owner to be applied in payment for such provisions, and the managing owner misapplied the balance for his own purposes, and in his accounts with the owners debited them for the neces- saries, it was held that the master could not, in an action in rem for wages and disbursements, be required to give credit to the owners for the amount of the loss which they had sustained through the misconduct of their agent, the managing owner. (Z) § 78. It was formerly held, that to entitle the master to sue ^'^tatare in the Court of Admiralty, under 24 Vict. c. 10, s. 10, for " dis- ments"on hursements made hy Mm on account of the ship," the money must ^^j°™* °* have been actually paid by the master, and that, if he had made himself merely liable to pay by giving a bill of exchange or otherwise, he could not set up a claim for disbursements in that Court.(m) But these words are now more liberally construed to include liabilities incurred by the master for all proper expenditure Liabilities for the benefit of the ship.(7i) mcuirec . Necessaries having been supplied to a ship in a foreign port, Examples they were paid for by the agents at that port, the master indorsing the accounts to the agents, when sent to him, with a request to them to pay, and signing them. The master was accredited to the agents by the owners, and the agents were to draw bills on the owners for the amount advanced. No money passed through the master's hands. When the ship arrived in England, mort- gagees took possession of her and of the freight. It was held, (i) The William Money, 2 Hagg. 136. W.^^t^^^"? ^^K^l'^'wl' The \k) TheBainbow, 53 L. T. N. S. M TheOheftam,B.&-L.Wi, The 91. See also Ihe SMah, 15 Jur. 866 ; EdwmB. & L. 281. „„,,„. „g . The Attion, 27 L. T. 728 ; 1 Asp. 481, MUe Feroma L. E- 2 Ad^65 76 and note (a) ; The Eepulse, 2 W. Rob. The Marco Polo, 24 L. 1. 804 cp. B. ». gqg tou-e V. Wliitmore, 9 II. U dai. 42 CHAP. 11.— THE APPOINTMENT, ETC., OF THE MASTER. No lien for disbursementa on account of charterer. When master may enforce lien. Eights of his personal repre- eeutative. Not against other ship. that as the master had become personally liable for the amounts so paid, he had his lien on the ship, and might proceed in rem against her for these payments.(o) On the same principle, where the master had drawn bills for necessaries upon charterers, and, the bills having been dishonoured, judgment was recovered against the master for their amount, it was held that his liability under the judgment must be considered as a disbursement, for which he was entitled to sue the ship.(p) But when the charter-party provides that certain of the ship's disbursements are to be made by the charterers, the master cannot, on the bankruptcy of the charterers, charge such disbursements to the owners and recover them by proceedings against the ship, at any rate when he has notice of the charter-party.(g) And inasmuch as " disbursements on account of the charterer " do not fall within the words " disbursements on account of the ship," in respect of which alone the recent statute (r) confers a lien, there is no lien for such disbursements even upon the freight which belongs to the charterers. Indeed, such a lien would be incon- sistent with the practice of the Court of Admiralty, which never recognised a maritime lien upon freight unless founded upon a right to proceed in rem against the ship.(s) § 79. As a general rule, the master is not entitled to recover in an action for wages until the service has terminated, or until he has been discharged.(i) But a master, who is compelled by pressing necessity of ill-health to leave his ship abroad, is entitled to sue immediately for wages ;(%) and where a ship has been lost with all hands, the personal representative of the master is entitled to recover wages for the period of service before the loss.(a;) A master has no lien on one ship for services rendered in another ship belonging to the same owner ; but he may sue in respect of services rendered in the same ship on a previous voyage.(2/) (o) Tlie. Marco Polo, 24 L. T. 804. (p) The Fairjport, 8 P. D. 48 ; and see Ihe Limerick, 1 P. D. 292, 411. Before the recent statutes, where a ship was taken by a privateer, and the mas- ter agreed for her ransom and gave him- self up as a hostage, and the owners ne- glected to pay the money, it was held that he might sue the ship for the redemption money. Wilson v. Bird, 1 Ld. Eajm, 22 ; cp. Trantor v. Wat- son, 6 Mod. 11. (q) Morgan v. Castlegate Steamshya Co., (1893) A. C. 38 | and see The Bees- wing, 53 L. T. 584; 2'he Turgot, 11 P. D. 21 ; The Durham City, 14 P. D. 85. (r) 52 & 53 Vict. c. 46, s. 1 ; supra, §70. («) Morgan v. Castlegate Steamship Co., (1893) A. C. 38. («) Tlie Hemisphere Borealis, 5 (Irish) Jur. N. S. 180. (m1 The Bajah of Cochin, Swa. 473. {x) Hawldns v. Twizell, 5 E. & B. 883. As to_ right of masler's personal repre- sentative to recover passage money in respect of contracts made by the master, see Siordet v. Brodie, 3 Camp. 254. (y) The Julinder, 1 Sp. E & A. 71, 77. §§ 80-83.— THE RANKING OF HIS MARITIME LIEN. ao Banhing of the Master's Maritime Lien, § 80. Maritime liens, being, with the exception of the damage Ranking of lien, in the nature of rewards for services rendered, rank against ''®"^" the fund, out of which they are to be paid, in the inverse order of their attachment on the res, or property, and the last in time should be the earliest in payment. The sole reason for this is, that the later benefit preserves the res to satisfy the earlier claims, and earns thereby a superior equity in respect of the common fund. Nor are wages any exception to the above rule, but, as they do not accrue due until the end of the voyage, they become, in fact, the later lien.(2) § 81. The master's maritime lien on the ship for his wages Over what and disbursements takes priority over all others, except those J>Jai™s™asier'B founded on claims for salvage, damage by collision,(ffl) and sea- precedencB. men's wages ;(&) and on bottomry bonds given subsequently to the voyage on which the master's wages were earned, or disburse- ments made.(c) The claim of material men who have a common law, or possessory, lien on the ship for work and materials, is preferred to claims for wages earned after the possessory lien commenced.(tZ) The master's lien for his wages and disbursements, whenever earned or made, takes priority over the claim of mortgagees, (e) And this is so even when he is part owner, if he has not mort- gaged his share.(/) It seems however that it would be otherwise if the master in In some cases such a case had mortgaged his share, upon the principle that the claimB"for master's lien will not be allowed to defeat claims for which he has ^h'oii maBter made himself liable.(^) liable. On this principle, where a solicitor acting on instructions given Solicitor's by the master and part-owner of a foreign ship on behalf of ferred^rHen himself and his co-owners, had successfully defended an action of master who brought against the ship and freight for damage to cargo, and the ship had been subsequently sold, and the proceeds and freight brought into Court in actions for necessaries, it was held that the solicitor's charge on the proceeds and freight, under 23 & 24 Vict. c. 127, s. 28, for costs, took priority of the master's claim for wages. (A) (z) The Hme, 28 L. T. N. S. 287 j (e) The Chieftain, B. & L. 212 ; Tlie Maclachlan, 4th ed. 740. Mary Ann, L. E. 1 Ad. 8 ; Tlie Feroma, (a) The Panthea, 25 L. T. 389. L. fl. 2 Ad. 65 ; The Hope, uU sup. (J) The Salaciu, Lush. 545. (/) The Feronia, uU swp. (c) The Hope, 28 L. T. 287 ; The {g) The Jenny Lind, L. E. 3 Ad. at William F. Saford, Lush. 69. p. 532 ; per Sir E. Phillinnore. {d) The Immacolata Coneezione, 9 (A) The Heinrieh, L. E. 3 Ad. 605 ; p p 37 see this case explained in The Livietia (No. 2), 8 P. D. 209. 44 CHAP. II.— THE APPOINTMENT, ETC., OF THE MASTER. Claim by Similarly, where a master who was also part owner of a foreign materialmen, ship, ordered uecessaries, which were supplied by material men in this country, ii was held that the latter were entitled to be paid out of ship and freight in priority to a claim of the master for wages and disbursements.(i) It must be observed that at the date of this decision (1872) it was supposed that s. 6 of the Admiralty Court Act, 1840, (A;) conferred a maritime lien for necessaries. This view has since been declared to be incorrect ; (I) and in a recent case(m) the lien of a master of a foreign ship, who was not a part owner, was preferred to the claim of a material man for necessaries, which it was alleged (though there was no evidence of this, the Court not deeming it necessary to call for it) had been ordered by the master. It is apprehended, however, that the Jenny Zind would still be followed in the case of a master who was also part owner. Bottomry bond § 82. A bottomry bondholder is entitled to priority over the when entitled , . . - , • a. j.i i. to priority over claim of a master for wages earned on voyages previous to that master's hen. ^m-f^g ^hich the bond is given.(w) And if a master, by the terms of the bottomry bond, has bound himself, as well as the ship and freight, for the payment of the bond, it would be manifestly unjust that, in defeasance of his own contract, he should not only not pay the bond himself, but should obtain out of the proceeds of the ship and freight payment of his own claims against the owners, leaving the bottomry bondholder unpaid. Hence, it is a general rule of the Court of Admiralty, that the holder of a bottomry bond, upon which the master has made himself personally liable, shall be paid, out of the proceeds of the ship and freight, before the master.(o) But this rule will not be acted upon where the bottomry bondholder will not be prejudiced by the master being paid before him. Therefore, where a master gave bonds on ship, freight, and cargo, binding himself, and the bonds would exhaust ship and freight, and thus defeat the master's claim ; but, if the master's claim against ship and freight were satisfied first, there was ample security for the bondholders against the owners of the cargo, it was held that the master's claim should have priority over the claims of the bondholder. (^) And the owners of the cargo cannot under such circumstances oppose the master's claim to be paid out of ship and freight in priority to the bond- (t) The Jenny lAnd, L. E. 3 Ad. 539. (o) The WiUiam, Swa. 346 ; TheJona- (/;) 3 & 4 Vict. c. 65. than Goodhue, Swa. 524. This principle {I) The Eeinrich Sjorn, 11 Ap. Ca. was recently applied in The Sylvia Santo 270. (cor. Sir P. Jeune, Adm. Div. June (m) 2%eicpa»riestleij r. Feme, 3 11. &.C. 917 . matters respectively. U) Per Bramwell, B., 3 H. & C. 984. ()•) .Smith's Merc. Law, ubi sup. (//) Story on Agency, 296; ibtemcirl .Story, 294 ; • Ilosklus v. Slaytoii, Cas. v. Ball, 2 Dow. 29 ; Farmer v. Baricx. Temp. Hard. 376 ; Bich v. &e, Cowp. 1 T. E. 108. 636, 639 ; Blailcie v. Stemh-idge, 6 C. B. (z) Story on Agency, 296 ; Iti/aU v N. S. 894, 909 ; The .Jenny Lind, L. R. Marquis of Hertford, 3 East, 147 ; and 3 Adm. 529, 682. sec Meed v. White, 5 Esp. 122. 48 CHAP. II.— THE APPOINTMENT, ETC., OF THE MASTEK. When ship is in home port. On deeds. For wrongs. General rule. Agent only liable for his own positive wrongs. Masters said to he an exception. against the ship by her name, without naming either the master or the owner, both will be liable, for both may be equally deemed representatives of the ship. (a) So, if the ship is in the home port, and repairs or supplies are furnished there at the master's request, the mere fact of the presence of the owner at the port will not exonerate the master.(6) But if the contract is made directly with the owner, and not with the master, a strong pre- sumption will arise that credit is given exclusively to the owner, a presumption which it would require cogent proof to rebut or overcome.(c) In the case of seamen's wages, however, such a presumption is much more difficult to establish. (cQ If, on the other hand, the master executes an instrument under seal in his own name, he only, and not the owners, will be liable upon it ; (e) and if he execute such an instrument on behalf of his owners without having been duly authorized by deed to do so, and indeed, if without authority, expressed or implied, he purport to bind the owners exclusively by any contract, the owners will not be liable; but the master himself will be liable, not upon the instruments or contract, but for a breach of warranty of his authority to make it.^) § 89. An agent is personally liable to third persons for his own misfeasances and positive wrongs, but not, as a general rule, for mere nonfeasances or omissions of duty in the course of his employment. His liability in the latter cases is, generally speaking, solely to his principal. (p-) Again, no action will ordinarily lie against an agent for the misfeasance or negligence of those whom he has retained for the service of his principal, by his consent or authority ; unless, indeed, the particular act or neglect complained of was done by his orders or directions.(A) Except in the last-mentioned case, the action for such misfeasance or negligence must be brought either against the principal or against the actual wrong-doer.(i) It has been said on very high authority {h) that masters of ships form an exception to this rule, and that, although they are the agents or servants of the shipowners, they are also, in many respects, deemed to be responsible as principals to third {a) story on Agency, 297 ; where this question; is more fully discussed, Farmer V. Davies, 1 T. E. 108 ; Stewart v. Hail, 2 Dow. 29. (6) Story on Agency, 299 ; Hussey v. Christie, 9 East 426, 432 ; Hoskins v. Slayton, Cas. Temp. Hard. 376. (c) Story on Agency, 299 ; Farmer V. Daviee, 1 T. B. 108. (d) See § 509, inf. (e) Story on Agency, 155, 278 ; Priest- ey V. F&rnie, B H. & C. 977. (/) Harrison v. Jackson, citing Hcyrs- ley V. Bush, 7 T. K. 207, 209 ; CoUen V. Wright, 7 E. & B. 301 ; 8 ih. 647. ; Weelcs v. Propert, L. E. 8 C. P. 427. Suart v. Baigh, 95 L. T. J. 133 (H.L.) ig) Story on Agency, 308 ; per Holt, C.J., Lane v. Cotton, 12 Mod. at p. 488 .Perhins v. Smith, Sayer 40, 42. (h) Story on Agency, 313 ; JMcholson V. Mounsey, 15 East, 384, 393. (i) Story on Agency, 313 ; Stone v . CaHivright, 6 T. E. 411. (k) Story on Agency,. 314. §§ 86-89.— HIS PERSONAL LIABILITIES. 49 persons, not only for their own negligences, nonfeasances and mis- feasances, but also for the negligences, nonfeasances and mis- feasances of the subordinate officers and others employed by and under them. This liability is founded, it is said, upon the doctrine of the maritime law, which treats the master, not merely as an agent, but also in some sort as an inferior principal and as a qualified owner of the ship, possessing for the time the executive power, and is supported by the additional reason that it induces the master to Extent of his exercise greater watchfulness over the acts and conduct of the l'*bi''*y ^°^ . , . , wrongs. officers and crew, inasmuch as if he were not so liable, he might often by his connivance subject the shippers of goods, as well as the owners of the ship, to great losses and injuries, without their having any adequate redress. It is said to be on these grounds that by our As common law the master of a general or carrier ship, as well as the owner, is regarded and treated as a common carrier for hii;e, and is held responsible as such.(Z) It seems, however, that in this country, whatever may be the law in the United States, it cannot be asserted that the responsibility of the master is so great as is above stated ; and there is authority for saying that by the law of England the responsibility of the master for the negligence or misconduct of his subordinates is limited to cases of collision and of contract, (m) (I) Story on Agency, 315; Mors v. (ra) Per Willes, J., Blaihie v. iStem. Slue, 1 "Vent. 238 ; infra § 236. Iridge, 6 C. B. N. S. at p. 910. As to collisions, see Chap. XIV. infra. earner. ( 50 ) CHAPTER III. PEEPAEATION FOR THE VOYAGE. §§ 20-95. — The Master's duty to see that the Ship is Seaworthy . . .50 §§ 96-99.— FAa« SeoAjom-thi- ness means in Marine In- swfomae . . . .54 §§ 100-103. — Seaworthiness asregan-ds Master, Grew, and Pilot . . . .58 §§ 104-106. — Sea/worthiness as regards Hull, Bigging, Loading, a/nd Stores . .61 §§ 107-110.— Jm Duty in equipping the Ship for Sea . 62 §§ 111-114. — Compulsory Loadlime and Draught of Water . . . .64 §§ 115, 116.— ^is Duty to ca/rry proper Colowrs . §§ in -121.— What Docu- ments he must procwe and § 122. — Certificate of Re- gistry .... §§ 123 - 127. — Log Book : Official Log §§ 128-130.— 5i7Z of Health; Passport; Duty on Change, of Masters §§ 131-134.— 5is Duty to obtain the necessa/ry Clea/r amies, &c. .... 68 69 71 72 77 78 To see that ship is fit for employment. To see that ship is sea- worthy. • The Master's Duty to see that the Ship is Seaworthy. § 90. Befoke the commencement of the voyage, the duty of the master is identical with that of the owner.(?i) It is the duty of the owners and master to take care, before setting sail, that the condition of the ship, as to hull, rigging, and appurtenances, and all provisions and supplies, is satisfactory and sufficient for the voyage in which she is engaged ;(o) and that she is, at the commencement of her voyage, in a proper condition to perform it, and fit for the employment for which she is offered to the public, or to the charterer. In other words, and whether the charter party express it or not, they should take care that she is staunch, tight, and strong, properly furnished for the voyage on which she is about to sail, with tackle, anchors, cables, sails, rigging, and all necessary stores, the master having competent nautical skill, with an adequate and competent crew, and with a pilot, whenever a pilot is required by law, and that she is not (») Maude & Pol. 4th ed. 127 ; and see MaclachlaD, 4th ed. 426. (o) 2 Parsons, Sh. 1. §§ 90-95.— MASTER'S DUTY TO SEE THAT THE SHIP IS SEAWOETHY. 51 improperly or too heavily laden ; in short, that she is for such voyage seaioortliy.{^^ This duty is stipulated for in the usual form of charter party. It is an express term of the ordinary bill of lading. (§') It is implied in every voyage policy of marine insurance, (r) The usual stipulation in the charter party, or memorandum of As to chav- charter party, is that she is " tight, staunch, and strong, and *^™''- every way fitted for the voyage."(s) In the bills of lading signed Shipper. by the master and in the policies of insurance, the vessel is described as "the good ship ," which she cannot be unless she is in all respects seaworthy for the voyage. And it may now be regarded as settled that " in whatever way a contract for the conveyance of merchandise be made, where there is no agreement to the contrary, the shipowner is, by the nature of the contract, impliedly and necessarily held to warrant that the ship is good, and is in a condition to perform the voyage then about to be undertaken ; or, in ordinary language, is Beaworthy."(i) This warranty attaches at the commencement of the voyage, and it is not satisfied by seaworthiness at the commencement of the loading if owing to some accident the ship becomes nnseaworthy before she sails.(^^) And if after the com- mencement of the voyage the vessel becomes unseaworthy, it is the duty of the master, if opportunity offers, to have her repaired, or at least not to proceed on the voyage with the ship in an unseaworthy state. Otherwise, if loss or damage occur to the cargo by reason of such unseaworthiness, the shipowner will, in the absence of agreement to the contrary, be liable to an action by the cargo owner, (a;) § 91. The obligation of a shipowner on an ordinary charter party is to supply a ship that shall be reasonably fit for the carriage of a reasonable cargo of the kinds of goods specified in the charter party. Thus, in the case of a contract for the (p) Wedderlurn v. BeU, 1 Camp. 1 ; {t) Kopitoff v. Wilson, 1 Q. B. D. 377, Lyon V. MeUs, 5 East, 428, 437 ; Wilhie 380 ; see also Cohn v. Davidson, 2 tb. V ' Oeddes, 3 Dow. 57 ; Kopitof v. Wil- 455, 459, and Stanton v. Mcliardson, 2 son. (improper stowage), 1 Q. B. D. 377 ; E. 7 C. P. 42 ; 9 ib. 890 ; in H. L., W. N. Thin v. Richards (insu£6oient coals) 1875, 154 (where the contract was by (1892), 2 Q. B. 141 ; 3 Kent's Com. 288; charter party) ; Sted v. State Line, 3 Ap Maclachlan, 4th ed. 426 ; Maude & Pol- Ca. 72 ; Gilroy v. Price (1893), A. C. lock, 4th ed. 73; 2 Parsons, Sh. 1. 56; and Tlie Glenfruin, 10 P. D. 103 (q) Maclachlan, 4th ed. 427. (where the contract was by bill of lading) ; (r) Arnould. § 248. As to the powers per Martin and Parke, BB., Gibson v. of the Board bf Trade to detain ships &tiaU, 4 H. L. C. 353, at pp. 370, 404 ; ■which are unseaworthy or overloaded, see and the judgments in Beadheadx. JmO- 39 & 40 Vict. 0. 80 ; infra § 529. land By., L. E. 2 Q. B. 412 ; 4 ib. 382. (s) But a warranty in a. charter party (m) Cohn v. Davidson, itbisup. that a ship is of a particular class, relates (10) Worms v Story, 11 Ex -.30 ; and not to the commencement of the voyage, see Notara v. Henderson, U. K. £> y. a. but merely to the time of entering into 346 ; 7 ib. 225. the charter party : French v. Newgass, 3 C. P. D. 163. 52 CHAP. III.-PEEPARATION FOR THE VOYAGE. Seaworthiness as regards cargo. Charterer's remedy. How far sea- worthiness a condition precedent to charterer's liability. carriage of cattle, it is a breach of this obligation if the ship supplied is infected with disease from a previous cargo, (y) If the ship is not so fit, and cannot be made so within such a time as not to frustrate the object of the voyage, the charterer is absolved altogether, (2:) and is, as it seems, entitled to sue the shipowner for not having accommodation for his goods in a ship that was fit to carry them.(a) And in the case of a time charter, if the charterer cannot have the vessel in a seaworthy condition for the specified time, he is not bound to take her for a shorter time or substantially dif- ferent time, and if he cannot get her for the specified time, he may throw up the charter.(6) To this extent at least the seaworthiness of the ship is a condition precedent to the charterer's liability to perform his contract, (c) It must be remembered, however, that the term " seaworthiness " has different meanings at different times, according to the different risks that have to be encountered. Thus a ship may well be seaworthy for the pur- pose of taking in cargo in port, though not so for the purpose of sailing on her vojage.(d) But the seaworthiness which the charterer requires is seaworthiness for the voyage, and the time at which the warranty attaches is, as we have seen, the com- mencement of the voyage ;(e) it would seem to follow, therefore, that a charterer would not be justified in refusing to load a ship which was unseaworthy for the voyage at the time of loading, if the unseaworthiness was such as could be removed during the loading. In other words, he would not in such a case be entitled to insist on the ship being made seaworthy for the voyage before commencing to load her.(/') It is clear that compliance with an express warranty of seaworthiness at the port from which a ship is to sail to the port of loading, is not a condition precedent to the charterer's liability to load.(5') It is also clear that when the charterer has had the benefit of the charter party, unseawor- thiness is not a condition precedent to the recovery either of freight,(A) or of general average, except in so far as the general average loss has been occasioned by the unseaworthiness, (i) (y) lattersall v. National S.S. Co., 12 Q. B. D. 297. The duty of cleansing and disinfecting ships which have been used for the carriage of cattle is now en- forced by order of the Privy Council (Animals Order, 1886, Art. 100, Appx. No. 2), under the Contagions Diseases Animals Act, 1878, 41 & 42 Vict. c. 74, s. 32 (xxi.,xxii.); seeJsmay v. BlaJce,66 L. T.531. (z) /Stanton v. Sichardson, L. E. 7 C. P. 421 ; 9ib. 390 ; Eavelock v. Geddes, 10 East, 536 ; Tully v. Hmding, 2 Q. B. D. 182. (a) Steel V. State lAne, 3 Ap. Ca. 72, 76, 77. (5) Tidly V. Sbwling, libi sup. (c) See on this subject. Carver, Carriage' by Sea, ss. 194, 195. See oases cited infra §§ 123, 127. Oohn V. Davidson, 2 Q. B. D. 455,' 462. (/) This conclusion would seem to fol- low from the judgment of Martin, B., in larrahochia v. Hickie, 1 H. & N. 183 y cp. HogaHh v. Miller, (1891) A. C. 48. (a) Tarrahochia v. JlicJde, uhi svp. (fi) Haveloch v. Oeddes, 10 East, 536 ; Tully V. Howling, 2 Q. B. D. at p. 188 ;. Hogarth, v. Mliller, uhi sup. (i) Schloss y. Heriot, 14 C. B. N. S. 59 ;: Strang v. Scott, 14 Ap. Ca. 681, 608. §§ 90-96.— MASTER'S DUTY TO SEE THAT THE SHIP IS SEAWORTHY. 53 § 92. As the master and owners impliedly undertake to pro- shipper's vide a ship tight and staunch, and furnished with all tackle and remedy for apparel necessary for the intended voyage, the owner of the goods ness. shipped on board will be entitled to compensation if he saifer loss or damage by reason of any insufficiency of these particulars at the commencement of the voyage, or by reason of delay arising from it.(A;) If there is a latent defect in the ship, unknown to the owner Latent defect. and undiscoverable upon examination, the owner and master will nevertheless be liable to the shipper for the damage occasioned by it.(^) And it is no excuse for the unseaworthiness of the ship, that the master has been himself deceived by the shipbuilder or repairer, and was ignorant of the defect, (m) § 93. There is no implied warranty on the part of a ship Seaworthiness owner contracting to carry passengers, or engaging seamen, that passmgers his ship is in fact seaworthy. His contract with passengers is and seamen, that he will take due care — i.e. having regard to the nature of the contract, a high degree of care — and will exercise all vigilance to see that whatever is required for the safe conveyance of passengers is in fit and proper order. (%) And as regards sea- men, it is provided by a recent statute, (0) that in every contract between the owner and the master, or any seaman or apprentice for service on board a ship, there is implied obligation, notwith- standing any agreement to the contrary, that the owner, his agents, and the master shall use all reasonable means to insure seaworthiness at the commencement of and throughout the voyage. This enactment and others relating to the safety and accommodation of seamen will be dealt with hereafter, (^s) § 94. In every "voyage policy," or insurance for a certain Implied war- voyage, there is an implied warranty that the ship shall be ™^t;nesrin seaworthy when the risk attaches, or in other words, that she voyage shall be at that time in a fit state, as to repairs, equipments, crew, ^° '°'*^' and all other respects, to encounter the ordinary perils of the risk insured at the time of its commencing. ($') In such a policy this implied warranty is a condition precedent upon the faith of which the underwriter undertakes his liability for loss during the continuance of the risk. If the condition is un- (i) Abbott, 13th ed. 376 ; Lyon v. of seaworthiness in the passenger's con- MeUs, 5 East, 428 ; as to the measure of tract. See also 1 Parsons, Sb. 641. The ^cg^s, see inf. § 327. statutory provisions for insuring sea- (l) 3 Kent's Com. 288; Cohny. David- worthiness in passenger ships will be sen, 2 Q. B. D. 455 ; The Glen/ruin, 10 found in Chap. XIII. below. P. b. 103, 108. (0) 39 & 40 Vict. c. 80, s. 5. (m) Holt on Shipping, 383 ; Maude & (jo) A/to §§ 527— 529. Poll. 4th ed. 78, 74; and cases supra. (g) Per Parke, B., Dixon y. Sadler, (n) Beadhead v. Midland Railway Co. 5 M. & W. at p. 414 ; The Qu^ec, &c. L. E. 2 Q. B. 412 ; 4 i5. 381, 391. Mr. Co. v. The Commercial, c&c., L.K. dP. O. Maolachlan (4th ed. p. 341) lays it down 234 ; Amould, § 248. however that there is an implied warranty 54 CHAP. III.— PREPARATION FOR THE VOYAGE. Time policies. No implied warranty of seaworthiness. fulfilled, although the assured may have been ignorant of the unseaworthiness, and may have acted with perfect honesty and fair- ness,(r) the contract is at an end, and he cannot recover against the underwriter for any loss incurred during the continuance of the risk,(s) whether it can be traced to the unseaworthiness of the ship or not.(<) Indeed it is so essentially necessary a part of such a contract, that it can only be excluded from it by very explicit and clear terms. Therefore where in a voyage policy, losses from rottenness, inherent defects, and other unseaworthi- ness were expressly excepted, it was nevertheless held that seaworthiness at the commencement of the risk was implied as^ a condition precedent to any liability on the part of the underwriters, (it) § 95. In cases where it would be inconvenient or impossible to describe by local termini, it is usual to limit the risk in policies of insurance to a certain period of time. The policy in such a case is called a " time policy." In such policies, the risk insured is entirely independent of the voyage of the ship, and the policy covers any voyage whatever which the ship may make, and any loss or damage which she may sustain by the perils insured against, within the space of time which is specified in the policy .(a;) In a time policy, framed in the usual terms, there is not any implied warranty that the ship shall be seaworthy at the commencement of, or at any period during, the risk.(y) WTiat Seaworthiness means in Marine Insiorance. Meaning of § 96. The warranty that the ship is seaworthy at the com- rmtj-thaTship mencement of the voyage or risk is implied in every " voyage is seaworthy, policy," whether on the ship, freight, or cargo, or on the commissions or profits to accrue upon the cargo, from the mere fact of efi'ecting the insurance, independently of the particular terms used ; and the assured thereby undertakes that the materials of which the ship is made, her construction, the qualifications of the master, the number and description of her crew, the tackle, sails, rigging, stores, equipment, and outfit generally, as well as her loading, stowage, and trim,(2) are such as to render her in 234 ; Forshaw v. Ohabert, 3 B. & B. (r) Douglas v. Scougall, 4 Dow. 269, 276 ; Lee v. Beach, 1 Park, 468 ; Daniels V. Harris, L. R. 10 C. P. 1, 2. («) Per Lawrence, J., Christie v. Seeretan, 8 T. R. 198 ; per Lord Ellen- borough, WedderhurriY. Bell, 1 Camp. 2 ; The Quebec Mar. Co. v. 2he Commercial, &c., L. R. 3 P. C. 234 (explaining Wdr V. Aberdeen, 2 B. & Aid. (320). (t) Per Erie, C.J., Foley y. Tabor, 2 P. & F. at p. 672 ; The Quebec Mar. do. V. The Commercial, <&c., L. R. 3 P. C. 158. (m) Qud)ec. Marine Ins. v. Commercial, (6c., L. R. 8 P. C. 234. (x) Amould on Ins. § 163. («/) Tlhompson v. Mapper, 6 E. & B. 172 ; Fawcus v. iSarsfield, 6 E. & B. 192 ; Dudgeon v. Pembroke, 2 Ap. Cas. 284 ; Gibson v. Small, 4 H. L. Cas. 353 ; Amould, § 254 ; Michael v. Tredvnn, 17 C. B. 251. (z) Arnould, § 257 ; Weir v. Aberdeen, 2 B. & Al. 320. §§ 96-99.— MEANING OF SEAWORTHINESS. gg every respect reasonably fit for the proposed insured voyage or risk.(a) But this or any other implied obligation may of course be modified, enlarged, or superseded by express agreement ; as where, for instance, it is provided that any insufficiency of the ship, not known to the assured, shall not prejudice the insurance.(&) And if the underwriters by a clause in the policy have admitted that the ship was seaworthy when she sailed, they cannot set up the contrary in an action on the policy, (c) unless the insurers obtained the admission by fraud. The standard of seaworthiness was gradually raised during the first half of the century, (c^) § 97. The term "seaworthiness," therefore, in marine insurance How meaning expresses a relation between the state of the ship and the perils of seaworthi- . ^ .,....., ness vanes it has to meet m the situation it is m ;(e) and means, that the according to ship is in such a state, as to repair, equipment, and crew, as to *® "*' be able to encounter the ordinary perils of the adventure in which the policy states it to be then engaged.(/) Accordingly, the meaniug of " seaworthiness," and what constitutes it, varies in each particular case, according to the class of ship, the positions in which she may be placed, and the requirements of the particular navigation or adventure on which she is about to embark and which is the subject of insurance. It may vary, also, according as the policy is on ship, or on cargo or freight. (^) Thus, what is seaworthi- ness for the coasting or West Indian trade, is different to that which constitutes seaworthiness for the Greenland Seas or North- West Passage. (A) The ship may be fit for port or river risks, and therefore seaworthy for such risks, even though not so for a voyage.(i) Seaworthiness for the voyage is one thing ; sea- worthiness in port is quite another ; and seaworthiness for inland navigation may be altogether different. Thus a ship under a policy " at and from " might be seaworthy in harbour, while undergoing repairs, although much out of repair, and although she might not be seaworthy for the voyage if she sailed in that condition.(A) Again, she may be seaworthy for one voyage, or (a) Phillips on Ins. 695 ; Dixon v, (f) Per Alderson, B., Gibson v. Small, Sadler, 5 M. & W. 405 ; ffedley v. Fink- 4 H. L. Cas. at p. 390. ney, &c. (1892), 1 Q. B. 58, 64 ; Oliver v. {g) Daniels v. Harris, L. E. 10 0. P. Cowley, 1 Park Ins. 470; Danids v. 1, 7, 8 ; Phillips, Ins. § 728. Harris, L. B. 10 C. P. 1, 2. (A) Surges i. Wickham, 3 B. & S. h) Phillips on Ins. 698. See VaUejo 669, 683 ; and see per Erie, C.J., Foley v. V. Wheeler, Cowp. at p. 148. Tahor, 2 F. & F. at p. 671. (c) Parfitt y. Thompson, 13 M. & W. (i) Per Parke, B., Dixon v. Sadler, 5 392 M. & W. 414 ; per Alderson, B., Gibson v. (d) Per Story, J., 4 Mason (Amer.) Small, 4 H. L. at p. 393 ; per Cur. Gohn 441 ; Phillips, Ins. 719 ; Bv/rgesv. Wick- v. Davidson, 2 Q. B. D. 455, 461 ; and ham, 3 B. & S. at p. 693, per Black- cp. Hogarth y. Miner, (1891) A. C. 48. burn J r ' r ,^, p^j^^ ^_ WUson, 1 Park Ins. 472 (e) Per Erie, C.J., Gibson v. SmaU, 4 HMert v. Martin, 1 Park Ins. 473 H. L. at p. 384 ; per Blackburn, J., 3 B. Parmeter v. Cousins, 2 Camp. 235 & S. 692 ; Annen v. Woodman, 3 Taunt. Annen v. Woodman, 3 Taunt. 299 299. Arnould, § 255. 56 CHAP. III.— PEEPARATION FOR THE VOYAGE. According to the subject- matter of insvirance. Deck cargo. According to class of ship. Sufficient if ship seaworthy at commence- ment of risk; or of each of several dif- ferent stages. for one stage of a voyage, but not for another, or for one class of cargo, but not for another. (Z) Again, a ship carrying a deck cargo of such a nature as can be easily jettisoned, and which but for the ease with which it can be jettisoned would render her unfit to encounter the ordinary perils of the contemplated adventure, may be seaworthy for the purposes of a policy on hull, or on under-deck cargo or its freight, though unseaworthy for the purposes of a policy on the deck cargo or its freight.(m) The mere fact that goods are stowed on deck in breach of a statute, no certificate of under-deck stowage being obtained, as required by the statute, does not amount to unsea- worthiness.(w) In some cases, the class of ship may be such as will not admit of being put into that condition of seaworthiness for the contem- plated voyage which is necessary in ordinary cases. This occurs where a vessel has been built for river navigation in foreign parts, to which she has to be sent over sea. In such a case, if the underwriter accept the risk with full information both of the class of the ship and of the intended voyage, the assured satisfies the warranty of seaworthiness by making her as seaworthy for the voyage as is reasonably practicable with such a ship.(o) But he is bound to do this much. Therefore, in a case of insurance on salvage, where the ship was described in the " slip " as having " been abandoned by her original crew and taken into Terceira," it was held that this did not release^ the assured from the war- ranty, or from his obligation under it.(p) § 98. This implied warranty of seaworthiness relates only to the commencement of the risk insured. There is no implied warranty that the ship shall continue seaworthy throughout the voyage, (g') Accordingly, when the ship is seaworthy at the com- mencement of the voyage, but is afterwards lost by perils insured against, consequent upon subsequent unseaworthiness, occasioned by the negligence or mistakes of the master and crew, without fraud, the underwriters are liable for such loss.(?') If the assurance attaches before the voyage commences, it is {T) Biceard v. Shepherd, 14 Moo. P. C. 471 ; Ibley v. Tabor, 2 F. &F. 662. {m) Daniels v. Harris, L. E. 10 C. P. 1,8. (n) Wilson v. Manhin, L. E. 1 Q. B. 162 ; decided under 16 & 17 Vict. c. 107, ss. 170-172 (since repealed). See now 39 & 40 Vict. c. 80, ss. 23, 24 ; infra § 252. (o) Bwgesv. Wickham, 3 B. & S. 669 ; Oujpham v. Langton, 34 L. J. Q. B. 46. (p) KniM V. Hooper, 2 H. & N. 277. (q) Per Lord Mansfield, Sermon v. Woodbridge, 2 Doug. 788 ; JEden v. JPar- kinson, ibid. 735 ; per Lord Eldon, Wat- son V. OlarJc, 1 Dow. 344 ; Parker v. Potts, 3 Dow, 23 ; per Parke, B., Dixon V. Sadler, 5 M. & W. 415 ; Amould, §249. (r) Phillips on Ins. 733 ; Dixon v. Sadler, 5 M. & "W. 405 ; 8 M. & "W. 895 ; Shore v. BentaU, 7 B. & C. 798, n. ; Busk V. Boyal, edc, Co., 2 B. & Aid, 73; Walker v. Maitland, 5 B. & Aid. 171. See further as to the distinction between unseaworthiness and negli- gence, HedUy v. Knkney, die, (1892) 1 Q. B. 68 ; Steel v. State Line, 3 Ap. Ca. 72, 90, per Lord Blackburn. §§ 96-99.— MEANING OF SEAWORTHINESS. 57 enough that the state of the ship be commensurate to the then risk. And if the voyage be such as to involve several distinct stages of navigation, and to require a different complement of men, or a different state of equipment in the different parts of it, as if it were a voyage down a canal or a river, and thence across the open sea, then the warranty will be satisfied if the ship, at the commencement of each stage of the navigation, is properly manned and equipped for it ;(s) but, in such a case, she must be properly equipped and in all respects seaworthy for each stage at the time when she enters upon it, or the warranty is not complied with.(i!) Thus, a steamer insured at and from Lyons to Galatz, to sail on Examples. or before the 15th of August, sailed from Lyons on the 24th of July, fully equipped for the river voyage, but with only a river crew and master, and without her masts, anchors, and other heavy articles which were necessary for her sea voyage, but which it was impossible for her to carry on board during the river voyage. At Aries, she took on board her master for the sea voyage, and some of her seagoing crew, and she was fitted out in other respects for the voyage to Marseilles, where she had to call for a licence. At Marseilles she was rendered seaworthy in respect of her crew and equipment, without unreasonable delay, and she sailed from Mar- seilles on her voyage on the 23 rd of August. It was held that when she sailed from Lyons she was in a seaworthy condition commensurate with the risk.(M) So under a policy on copper ore by The Admiral Collingwood, at and from the anchorage off Hondeklip Bay and Port Nolloth to Swansea, the vessel shipped 154 tons of ore at Hondeklip Bay, and sailed thence to Port Nolloth, where she shipped 250 tons of ore additional. Soon after sailing thence on her voyage to Swan- sea she became leaky, and finally foundered. It was held that there were two risks insured, and that the ship being seaworthy for the voyage to Swansea at the commencement of the first, but unseaworthy through overloading at that of the second, the underwriters were liable for the ore shipped at Hondeklip, but not for that shipped at Port Nolloth. If the ship had been lost before arriving there it would have been no defence to the under- writers that she was not at that time fit to carry all that might be put on board her at Port Nolloth. The warranty having been complied with at Hondeklip as to 154 tons, the subsequent (s) Per Parke, B., Dixon v. Sadler, mercial, &c., uhi sup. ; Thin v. Bichards, 5 M. & W. 414 ; per Alderson, B., Gibson (1892), 2 Q. B. 141 ,^ ^ -a -a a V. Small, 4 H. L. 390 ; Mccard v. Shep- {u) BouiOon v. Lupton, 15 O. a. JN. b. herd, 14MOO.P.C.471; Quebec Ins. Co. 113. See (iirther as to this case, infra .V. Commercial, dkc, h. R. 3 P. C. 234. § 138. (i) The Quebec, dc^ Co. v. The Com- 58 CHAP. III.— PEEPAEATION FOR THE VOYAGE. improper conduct of the master could not affect , the right to recover pro tanto.ix) Onus of proof § 99. The onus of proving that the ship was unseaworthy is thinesr^"" °^ *^® underwriters. Thus, if she is lost long after sailing, or under such circumstance that the loss may be fairly attributed, primA fade, to the action of the winds and waves, or other perils insured against, then it is for the underwriters to make out that she was not seaworthy at the commencement of the risk.(y) On the other hand, where a ship, soon after sailing, founders, or becomes so leaky or disabled as to be unable to proceed, without any cause having occurred subsequent to sailing sufficient to account for her mischance, the presumption is that it was caused by her condition at the time of sailing, and that she was not then sea- worthy, and in such case the onus of proving that she was then seaworthy would be on the insured. (2) And of course, even the prevalence of stormy weather, dangerous seas, stiff breezes, or severe gales, is not enough to account for the loss, if the state of the ship, when examined, cannot be explained by such causes. (a) Seaworthiness as regards the Master, Crew, and Pilot. § 100. Every ship, at the time of sailing on the voyage insured, must be properly provided for the said voyage with (1) a master and mate of competent nautical skill, (2) a crew sufficient to navigate her on the voyage insured, and (3) a pilot, whenever required by law ; but there is no implied warranty that the master, crew, or pilot will do their duty.(&) As regards the The master must be sufficiently well acquainted with the usual master; course of navigation on the voyage insured to be able to conduct the ship in safety through her ordinary perils. If he is grossly ignorant, the ship is not seaworthy and the underwriters are discharged. (c) Thus in Tait v. Lem,{d) a ship was insured on a voyage "from Cork to the ship's loading port or ports on the coast of Spain, within the Straits of Gibraltar, including Tarragona, and not higher up the Mediterranean." And the master, through entire ignorance of the coast, mistook Barce- lona for Tarragona, and was captured in endeavouring to enter the former port, which is higher up the Mediterranean than Tarragona, and was then in possession of the forces of Napoleon. This was held to be a breach of the implied warranty to provide {x) Biceard v. Shepherd, 14 Moo. Hurnand, L. K. 4 C. P. 120 ; Wilson v. P. 0. 471. Jones, uhi swp. _(y) Per Blackburn and Lush, J.J., (a) Douglas v. ScougaU, 4 Dow, 269. Wilson V. Jones, h. E. 2 Ex. 143. (J) Per Parke, B., Dixon v. Sadler, (z) Watson v. Clark, 1 Dow. 336, 5 M. & W. 414. 347, 8; 1 Park Ins. 469; Parker \. Potts, (c) Arnould, §260: Phillips onlns. 707. 3 Dow. 23 ; per Willes, J., Davidson v. (d) 14 East, 481. §§ 100-103.— SEAWORTHINESS AS REGARDS MASTER AND CREW. ;;q a master of reasonably competent skill and knowledge, and the underwriters were held to be discharged from their liability. § 101. But besides the necessity that the master should be and the mate. competent, a ship is not deemed seaworthy for a long voyage, unless there is some person on board who is qualified to take the place and discharge the duties of the master, in the event of the master becoming incapacitated during the voyage. Thus, in Clifford v. IIunter,{f) an insurance was effected on a voyage '■'from Mauritius to London^ On sailing from Mauritius the master was very ill, and on the day after sailing, finding himself incompetent from increased illness to continue to take charge of the ship, he inquired of his officers whether they could take the ship to England, but finding no one competent to undertake it, he put back. It was found by the jury, under the direction of Lord Tenterden, that the ship on sailing was not seaworthy, as, considering the length of the voyage, she ought to have had on board another person besides the master capable of taking the command in case of the master's illness or death.(/) § 102. The assured, under his implied warranty, is bound at As regards the the commencement of the risk, to provide a crew sufficient in ^^^'^' number and of competent skill to navigate the ship on the voyage insured, and to discharge the usual duties, and to meet the usual exigencies of such a voyage. (^) Otherwise, the warranty is not complied with, and the underwriters are not liable. But there is no implied warranty that the master and crew shall do their duty during the voyage. (^) Thus, in Forshaw v. Gliahert,{%) a ship was insured " at arid from Cuba to Liverpool" without any leave given to touch and stay in the original policy. The master having lost some of his outward crew by sickness and desertion at Cuba, and having found it impossible to engage there ten men, his proper complement for Liverpool, sailed from Cuba with only eight men engaged for Liverpool and two for Montego Bay (Jamaica). He touched at the latter place, landed the two men, and having procured others to supply their place proceeded on his voyage to Liverpool. It was held that the ship was not seaworthy when she sailed from Cuba for a voyage to Liverpool, as she ought then to have had on board a full complement of men engaged for the whole voyage. If, however, the crew be sufficient when the ship sails on the (/) 1 M. & M. 103 ; 3 C. & P. 18. (A) Per Parke, B., Dixon v. Sadler, . (o) Phillips on Ins. 709 ; Busk v. Jimjal, 5 M. & W. 414. Jkc, Co., 2 B. & Al. 73, 83 ; Shore v. («) 3 B. & B. 158. BentaU, 7 B. & C. 798, n. 60 CHAP. III.— PREPARATION FOR THE VOYAG-B. voyage insured, the implied warranty is fully satisfied, unless it be a voyage of several stages differing in risk, and consequently in the description of crew required on board. The assured does not contract that the ship shall continue to be properly manned throughout the voyage.(A) As regards § 103. The general rule being that the assured is bound men'cement°S" *° ^^^^ *^^ ^^^P Seaworthy at the commencement of the risk, it risk. is the master's duty on sailing, at the commencement of the risk, from a port where there is an establishment of pilots,, and where law or usage or the nature of the navigation requires a pilot, to take one on board. And the warranty of seaworthiness will be broken if he does not.(Q But when the master or mate is possessed under 17 & 18 Vict. c. 104 s. 340, or s. 355 (m), of a pilotage certificate applicable to the port or district, it is not necessary to have a pilot on board. The master's duty with respect to the employment of a pilot will be further considered below, (w) It will suflBce here to state the result of the cases in the words of the late Sir Joseph Arnould(o) : As regards " The law seems to be, that supposing the ship to have been pilots : after seaworthy when she sailed, and provided with a competent master commence- - ■' , ^ • . ,. i , ,. -n i • i mentofrisk. and crew, the underwriter is liable lor all loss proximately caused by the perils of the sea, although remotely occasioned by the negligence or misconduct of the master in e-ntering, without a pilot, an intermediate port where pilots are kept, and iisage requires one to be taken on board for that purpose ;(;o) a fortiori, he will be so liable if the master, on arriving off the port, has done his best to procure a pilot to come off, and has only entered the harbour without one, when it became the wisest course for him, as a prudent and skilful man, to do s,o.{q) If not only usage, but the positive regulations of an Act of Parliament, require a pilot to be taken on board on entering either an intermediate or a home port, it is unseaworthiness to enter such port without one.(r) In all cases where it is necessary, either by law or usage, for (Jt) Amould, § 260 (2). And see following language by Tindal, CO'. (Sad- cases cited supra, § 98. for v. Dixon, 8 M. & W., at p. 900) : [l] Per Parke, J., PAi'Hipsv. Seadlam, "The decision may be maintainable on 2 B. & Ad. 383 ; Phillips on Ins. 712. the ground of an implied warranty to {m) /Supra, §§ 45, 48. observe the positive regulations of an Act in) Infra, Chap., XII. of Parliament ; but if it is to be taken as (o) Amould, § 260 (3); see also an authority that the implied wairanty on Phillips, 715, 716. the part of the assured extends to acts of (p) Phillips T, Seadlam, 2 B. & Ad. negligence on the part of the master and 380. crew throughout the voyage, we think it (q) Ibid. cannot be supported against the weight of (r) Law V. SoUingsworth, 7 T. R. the later authorities." See also per 160. This decision is not easy to re- Parke, B., S. C, 5 M. & W. at p. 415, concile with the principles stated above and per Pattesou, J., Hollingworth v. (§ 98) and has been commented on in the Brodrich, 7 A. & E. at p. 44. §§ 104-106.— SEAWOKTHINESS AS REGARDS HULL, ETC. gi the master to have a pilot on board in going out of an intermediate port, or in clearing from his outport homewards, it will be unsea- worthiness not to take one, as it is in such eases always in his power to do so."(s) Seaworthiness as regards Hull, Rigging, Loading, and Stores. § 104. To render the ship seaworthy for the service or use Seaworthiness contemplated by the insurance, she must be sufficiently staunch as regards and sound, and adequately constructed, sufficiently famished with loading, and' sails, tackle, rigging, cables, anchors, stores, supplies, and proper ^'"''^s- ballast ; (t) her cargo must be properly stowed ; and she must not be overloaded, (tf) In the following cases, the ship was held to be unseaworthy : — Examples. Where the timbers and ironwork were decayed and wrought loose ; (x) where the ship was constructed without knees, and was insured for a foreign voyage •,{y) where the maintop-gallant-sail and studding-sails were so rotten and unserviceable that the ship fell behind the convoy and was lost ; {z) and where the best bower anchor and the cable of the small bower were defective. (a) In The Quebec Marine insurance Co. v. The Commercial Bank of Canada, (6) a ship was insured " at and from Montreal to Halifax," in Nova Scotia. She sailed with a defective boiler. The defect did not appear until she had passed into salt water. It then became necessary to put back and repair the boiler. After sailing again, she encountered bad weather and was lost by perils of the seas. It was held that she was not seaworthy when she passed into salt water, even if she was at a previous stage, and that the underwriters were not liable. (6) § 105. A ship is unseaworthy if she is so heavily or improperly As regards loaded, or if the cargo is so badly stowed, at the commencement °^ '"^' of the voyage insured, as to render her unfit to perform the voyage insured and encounter its ordinary perils ;(c) or if the risk is materially increased by reason of difficulty in navigating the ship caused either by overloading or bad stowage.(cZ) In Daniels v. Harris,(e) an action on a policy " on wine in casks on or under deck," the wine having been all stowed on deck and jettisoned, it was held that although, owing to the facility (») Per Lord Tenterden, 2 B. & Ad. (y) Watt v. Morris, 1 Dow, 32; cp. 382 ; sed qu., unless by usage this sailing Parker v. Potts, S Dow, 23, 32. out constitutes the commencement of a (2) Wedderburn j.hell, 1 Camp. 1. new intermediate voyage, or a new stage (a) Wilhie v. Qeddes, 3 Dow, 57. in the voyage (&) L. K. 3 P. C. 234. (i) As to the master's duty with regard (c) Biccard v. SUj^Urd, 14 Moo. to ballast, see § 247 infra. P. 0. 471. ^ t 7-- 7 rr % Cu) Phillips on Ins. 700-706. {d) Per Erie, C.J., Folen v. Tahor, (x) Douglas v. Scougall, 4 Dow, 269, 2 F. & F. at p. 672 277^ (e) L. R. 10 0. Jr. 1. 62 CHAP. III.— PREPARATION FOE THE VOYAGE. As regards stores and supplies. with which it could be got rid of, the wine would have caused no danger to the ship, yet if the incumbrance was such " that the ship could only be made safe for or in an ordinary voyage by the destruction of the insured cargo," a jury would not be justified in saying that the ship was seaworthy for the purposes of a policy on that cargo. The master's duties with respect to receiving and stowing the cargo, and the Acts of Parliament relating to this subject, form the subject of later sections. (/) § 106. Stores and supplies for the voyage insured are so important an element in seaworthiness, that it has been said that the assured is as much bound to show that he has provided proper medicines and necessaries for the voyage, as to establish the tightness of' the ship.(^) "Where the rules of the Insurance Society, by which a ship was insured, required the managing underwriters to survey the hull and materials of eich ship once a year, and to order whatever stores or repairs they deemed necessary, and declared that unless such stores and repairs were provided, " the ship should not be insured," it was held that the effect of a failure to comply with an order of the managing underwriters to provide such stores and repairs was that the ship must be con- sidered unseaworthy and the policy void.(/i) To see that nautical instruments are in good condition. Medical stores. The Masters Duty in Equipping the Ship for Sea. § 107. The master should take care that, for a foreign voyage, his nautical instruments are in proper condition — his compasses duly adjusted (i) and corresponding — his chronometer properly rated or rectified according to Greenwich time — his day and night glasses duly cleaned and in serviceable order — ^his log and deep-sea lines fit for service — and correct charts of the course of the voyage on board. (^) Medicines and medical stores are the subject of statutory enactment, (Q and must be provided according to the scale or scales published from time to time by the Board of Trade. And in the case of ships going through the Suez Canal or round the Cape of Good Hope or Cape Horn, the provisions intended for the crew are subject to inspection by the officer of the Board, who may detain the ship in case of deficiency.(m) If) Infra §§ 247-259. (g) Woolfv. Claggett, 3 Esp. 257, 258. In the Dnjted States it has heen held, that a ship not properly supplied wiih fuel and candles is not seaworthy: Fontaine V. Phcen. Ins, Co. , 10 Johnson's N. Y. R. 58. Phillips, 793. For the provisions of the Customs Act with regard to stores, see 39 & 40 Vict. 0. 36, 55, ss. 97, 126 ; infra, Chap. XVII. (h) StewaH V. Wilson, 12 M. & W. 11. Cp. Harrison v. Douglas, 3 A. & E. 396. [i) This is required by 17 & 18 Vict. c. 104,8. 301 (2), for passenger steamships ; see infra § 594. (7c) Lee's Manual, 68. {l) 30 & 31 Vict. c. 124, s. 4 ; infra §§ 525-527. (m) 55 & 56 Vict. o. 37, s. 3 ; infra § 524. §§ 107-110.— MASTER'S DUTY IN EQUIPPING THE SHIP. 63 § 108. It is the duty of the master as well as the owner of Dutytopro- €very British ship, to see that his ship is provided, in accordance 7}^'^ *"'?*^ ^^'^ with rules (w.) made by the Board of Trade, with such boats, life appliances. jackets, and other life-saving appliances, as, having regard to the service on which the ship is employed, and the avoidance of undue encumbrance of her deck, are best adapted for securing the safety of her crew and passengers. (o) The penalty for — (1) proceeding on any voyage or excursion Penalty, ■without the appropriate life-saving appliances ; (2) permitting any of the appliances to become lost or rendered unfit for service in the course of the voyage through wilful fault or negligence ; (3) wilfully neglecting, in case any of such appliances are acci- dentally lost or injured in the course of the voyage, to replace or repair the same on the first opportunity j or, (4) not keeping such appliances so as to be at all times fit and ready for use, is, for the owner, if he is in fault, a sum not exceeding one hundred pounds, and for the master, if he is in fault, a sum not exceed- ing fifty pounds. (2?) Before sailing, the ship should also be provided with proper Duty to pro- and adequate means and materials for exhibiting the lights, and jjgj^jg ^^^ ^g. with the appliances for making fog signals required by the signals. regulations for preventing collisions at sea. (2) § 109. Board of Trade surveyors, or other persons appointed Provisions for by the Board for the purpose, are authorised to inspect ships in rulerand order to see that they are properly provided with life-saving regulations, appliances, and with lights and the means of making fog signals. A surveyor who finds that any ship is not so provided, is required to give the master or owner a notice in writing pointing out the deficiency, and what is in his opinion necessary to remedy it ; and to communicate the notice to the Collector of Customs at any port in which the ship may seek to clear, or where her transire is to be obtained; and in that case the collector may not clear her outwards, or grant a transire, or allow her to proceed to sea without a certificate of such surveyor or other person that she is properly provided with life-saving appliances in pursuance of the rules, or with lights and the means of making fog-signals in pursuance of the regulations, as the case may be.(r) (n) See Appendix No. 3. . M 51 & 52 Viot. .. 24 s 5 as (o) 51 & 52 Viot. 0. 24, ss. 1-3. This to hfe-saving appliances ; 25 & 2fa Vict. statute applies (s. 6) to all British ?• 63, s. 80 as to lights and fog signals. ships other than fishing boats, registered By 39 & 40 Vict. c. 80^ ^:,//J| Jf„i unSer the Sea Fisheries Act, 1868, as to m/ra), an appeal hes from tj-e ™1 ot which see 17 & 18 Vict. c. 104, ss. 292- a certificate nnder the latter section, wnicn see i( a, xo . ^^^^^ .^^ .^ ^^^^^^ ^^ ^^pp^^l f^^^ the (p) Ibid s 4 refusal of a certificate with respect to \g) See Collisions infra, Chap. XIV. lifo-saving appliances. 64 Equipment of passenger ships. Firehose. Penalty for overweighting safety-valve. Compulsory leadline. Marking of decklines. Marking of loadline on foreign-going British ships. CHAP. III.— PEEPAKATION FOE THE VOYAGE. § 110. A vast number of provisions have been enacted as to surveys of, and certificates for, steamships and passenger ships, and as to their build, construction, and equipment. These will be considered in treating of " Passengers."(s) It is sufficient here to mention the following provisions of general application, viz. : that every seagoing steam-ship (other than a tug) must be provided with a firehose capable of being connected with the engines, under the same penalties as are imposed for neglect to provide life-saving appliances ;(^) and that any person who places an undue weight on the safety-valve is liable to a penalty of £100.(u) Compulsory Loadliiie and Draught of Water. § 111. Before sailing, the master must also see that his ship is marked with deck and leadlines as required by the Merchant Shipping Acts, 1876(a;) and 1890,(^) and that she is not so loaded that the loadline will be submerged in salt water : otherwise he will expose himself to a penalty of £100, and his ship to the risk of detention by the officers of the Board of Trade. The following sections relate to this subject. By the Act of 1876 — 25. (1.) Every British ship (except ships under eighty tons register employed solely in the coasting trade, ships employed solely in fishing, and pleasure yachts) shall be permanently and conspicuously marked with lines of not less than twelve inches in length and one inch in breadth, painted longitudinally on each side amidships,(«) or as near thereto as is practicable, and indicating the position of each deck which is above water. The upper edge of each of these lines shall be level with the upper side of the deck plank next the waterway at the place of marking. The lines shall be white or yellow on a dark ground, or black on a light ground. 26. With respect to the marking of a loadKne on British ships the following provisions shall have eifect : (1) The owner of every British ship (except ships under eighty tons register employed solely in the coasting trade, ships employed solely in fishing, and pleasure yachts) shall, before entering his ship outwards from any port in the United Kingdom upon any voyage for which he is required so to enter her, or, if that is not practicable, as soon after as may be, mark upon each of her sides amidships, or as near thereto as is practicable, in white or yellow on a dark ground, or in black on a light ground, a circular disc twelve inches in diameter, with a horizontal line eighteen inches in length drawn through its centre : (*) Infra. Chap. XUI. (*) 17 & 18 Vict. 0. 104, B. 301 (3) ; infra § 594. (a) Ibid., a. 802 ; infra § 594. (x) 39 & 40 Vict. c. 80. ly) 53 Vict. c. 9. (a) Amidships means "the middle of the length of the load water-line as measured from the fore side of the stem to the aft side of the stern-post " (53 Vict. 0. 9, s. 5). §§ 111-114. -COMPULSORY LOADLINE AND DRAUGHT OF WATER. gc (2) (a) The centre of this disc shall [be placed at such level below the deck-line marked under the provisions of this Act as may- be approved by the Board of Trade, and shall] indicate the maximum load-line in salt water to which [it shall be lawful] to load the ship. (3) He shall also, upon so entering her, insert in the form of entry delivered to the collector or other principal officer of Customs a statement in writing of the distance in feet and inches between the centre of this disc and the upper edge of each of the lines indicating the position of the ship's decks which is above that centre : (4) If default is made in delivering this statement in the case of any ship, any officer of. Customs may refuse to enter the ship outwards : (5) The master of the ship shall enter a copy of this statement in the agreement with the crew before it is signed by any member of the crew, and no superintendent of any mercantile marine office shall proceed with the engagement of the crew until this entry is made : (6) The master of the ship shall also enter a copy of this statement in the official log book : (7) When a ship has been marked as by this section required, she shall be kept so marked until her next return to a port of discharge in the United Kingdom. 27. With respect to the marking of a load-line on British ships Marking of employed in the coasting trade, the following provisions shall have load-line in eflfect : case of ooast- (1) The owner of every British ship employed in the coasting trade ^"^ ^^'°^ '' on the coasts of the United Kingdom (except ships under eighty tons register employed solely in that trade) shall, before proceeding to sea from any port, mark upon each of her sides amidships, or as near thereto as is practicable, in white or yellow on a dark ground, or in black on a light ground, a circular disc twelve inches in diameter, with a horizontal line eighteen inches in length drawn through its centre : (2) (b) The centre of this disc shall [be placed at such level below the deck-line marked under the provisions of this Act as may be approved by the Board of Trade, and shall] indicate the maximum load-line in salt water to which [it shall be lawful] to load the ship, until notice is given of an alteration : (3) He shall also once in every twelve months, immediately before the ship proceeds to sea, send or deliver to the collector or other principal officer of Customs of the port of registry of the ship a statement in writing of the distance in feet and inches between the centre of the disc and the upper edge of each of the lines indicating the position of the ship's decks which is above that centre : (4) The owner, before the ship proceeds to sea after any renewal or alteration of the disc, shall send or deliver to the collector or other principal officer of Customs of the port of registry of the ship notice in writing of such renewal or alteration, together with such statement in writing as before mentioned of the (o) As amended by 53 Vict. c. 9, s. 1. See the provisions of that Act prescribing the mode of fixing the load-line infra. (6) See preoedmc note. 66 Penalty for offences in relation to marks on Position of disc 39 & 40 Vict. 0. 80. Begulatiotis. CHAP. III.— PREPARATION FOR THE VOYAGE. distance between the centre of the disc and the upper edge of each of the deck-lines : (5) If default is made in sending or delivering any notice or state- ment required by this section to be sent or delivered, the owner shall be liable to a penalty not exceeding one hundred pounds : (6) When a ship has been marked as by this section required, she shall be kept so marked until notice is given of an alteration. 28. Any owner or master of a British ship who neglects to cause his ship to be marked as by this Act required, or to keep her so marked, or who allows the ship to be so loaded as to submerge in salt water the centre of the disc,(c) and any person who conceals, removes, alters, defaces, or obliterates, or suffers any person under his control to conceal, remove, alter, deface, or obliterate, any of the said marks, except in the event of the particulars thereby denoted being lawfully altered, or except for the purpose of escaping capture by an enemy, shall for each offence incur a penalty not exceeding one hundred pounds. If any of the marks required by this Act is in any respect inaccurate, so as to be likely to mislead, the owner of the ship shall incur a penalty not exceeding one hundred pounds. § 112. With regard to the mode of fixing the compulsory loadline, the Merchant Shipping Act, 1890,(<^) provides as follows : — 1. — . . . . the position of the disc shall be fixed in accordance with the tables (e) framed by the Load Line Committee appointed before the passing of this Act, subject to such allowance as may be made necessary by any difference between the position of the deck-line marked under the provisions of the Merchant Shipping Act, 1876, and the position of the line from which freeboar^is measured under the said tables, and subject also to such modificati^S^i|r any(,^of the tables and the application thereof as may from time to tijhie be sanctioned by the Board of Trade. In sanctioning any such modifications the Boarti of Trade shall have regard to any representations which may be ;made to them by any corporation or association for the survey or registry of shipping for the time appointed or approved by the Board ph. Trade for the purposes of this Act. \ 2. — (1.) The Board of Trade shall appj)int the Committee of Lloyd's Eegister of British and Foreign Shippiiig, or, at the option of the owner of the ship, any other corporatiqin or association for the survey or registry of shipping, approved by the Board of Trade, or any officer of the Board of Trade specially selecterd by the Board for that purpose, to approve and certify on their behalf' from time to time the position of any such disc as aforesaid, and any alteration thereof, and may appoint fees to be taken in respect of any such approval or certificate. (2.) The Board of Trade may make regulations — (c) A ship so loaded is liable to deten- tion by tbe Board of Trade, 55* & 56 Vict. c. 37, s. 1 ; § 529 infra. (d) 53 Vict. 0. 9. Sects. 3 & 4 enable Her Majesty, by Order in Council, to relieve the ships of (1) British possessions whose governments have passed a similar and equally efficacious enactment, and (2) foreign States whose laws for the prevention of overloading are equally efficacious with our own, from compliance with the statute. (e) These tables, with notes on their application, are published in Board of Trade Memoranda (LL. 11 and LL. 12), dated respectively Aug. 1890 and Nov. 1892. §§ 111-114.— COMPULSORY LOADLINE AND DRAUGHT OF WATER. Q*J (a) determining the lines or marks to be used in connexion with the disc, in order to indicate the maximum load-line under different circumstances and at different seasons, and declaring that the provisions of the Merchant Shipping Act, 1876, are to have effect as if any such line were drawn through the centre of the disc ; (b) as to the mode in which the disc and the lines or marks to be used in connexion therewith are to be marked or affixed on the ship, whether by painting, cutting, or otherwise ; (c) as to the mode of application for, and form of certificates under, this Act ; and (d) requiring the entry of such certificates, and other particulars as to the draught of water and freeboard {g) of the ship, in the official log-book of the ship, or other publication thereof on board the ship, and as to delivering copies of such entries. All such regulations shall, while in force, have effect as if enacted by this Act. (A) And by 55 & 56 Vict. c. 37, s. 2— If any person makes default in complying with any regulation made Penalty for by the Board of Trade in pursuance of the Merchant Shipping Act, ^^^"J'^jn" 1890, with respect to the entry, publication, or delivery of copies of ^°™if regda- certificates or other particulars as to the draught of water and free- tiona as to board of a ship, he shall for each such default incur a penalty not ex- freeboard. ceeding one hundred pounds. § 113. The master must also, before sailing, record the ship's Ship's draught draught of water, and the extent of her " clearside," or freeboard, "ecoi^aed. ° in the official log, if any. For failure to produce such record when required he may incur a penalty of £20.('i) He musb Penalty. also permit any person appointed to record these particulars on behalf of the Board of Trade, to come on board and inspect and measure for that purpose under a penalty for impeding or obstructing him, not exceeding £5 for each offence. (Z;) § 114. In the case of grain cargoes laden at Mediterranean Special pro- or Black Sea ports for places outside the Straits of Gibraltar, or ™7„ "g^ain at ports on the coast of North America, he must also give to the cargoes. British Consular officer, or, if in a British Possession, to the principal officer of Customs, at the ship's final port of loading, unless such port is specially exempted from these provisions, a notice stating her draught and clearside after completion of loading, together with particulars of the kind and quantity of grain, the mode of stowage, and the precautions taken against shifting. (0 The maximum penalty for failing to deliver such notice, or for Penalty. wilfully making a false statement or omitting a material particular therein, is £100.(m) (g) See § 125, note (o) infra. IJ') 36 & 37 Vict. c. 85, s. 4, § 528 (A) See EegulationB, Appendix No. 4. infra. .„ a a „i=„ li 34 & 35 Vict. c. 110,1 5 ; 36 & 37 {D 43 & 44 V.ct. .. 43, s. 6. See also Vict. c. 85, 8. 4 ; 53 Vict. c. 9, s. 2(2) {d) ; § 259 infra and Appx. No. o. 55 & 56 Vict. c. 37, s. 2 ; supra § 112. (m) Ibid., ss. 6, 7. See § 125 infra. 68 CHAP. III.— PEEPARATION FOE THE VOYAGE. The Master's Duty to Canij proper Colours. The flag _: its commercial Bignificance. § 115. The flag is the most obvious badge of the national character of the ship. By the law of nations she is liable to be- considered as belonging to the nation under whose colours and pass(n) she is sailing. She is not permitted, in case any in- convenience should arise, to aver against the flag and pass to which she has attached herself, or to claim the benefit of her real character.(o) A ship warranted in her policy of insurance to be neutral must bear no other flag than that of a nation that was neutral at the commencement of the risk ; and a ship warranted of any given national character must bear the flag of the nation to which the warranty relates, and no other.(p) Some countries have gone so far as to make the flag and pass of the ship conclusive on the cargo also, but this country has never carried the law to that extent.(g') Enough has now been said to show the commercial importance of the duty to carry proper colours. Their definition, and the penalties for failure to carry- them, are the subject of statutory enactment. Proper colours. § 116. The proper national colours for all ships and boats- belonging to subjects of the Queen, and not under the command of a naval officer on full pay, unless other colours are permitted under a warrant from the Queen or the Admiralty, are " the red ensign usually worn by merchant ships, without any defacement, or modification whatever."(r) Ships belonging to any of the Queen's subjects, other than fishing boats duly registered, lettered and marked, are required, on signal from any vessel under command of a naval officer on full pay, and on entering or leaving a foreign or, if not less than 50' tons gross tonnage, a British port, to hoist the proper national colours. Non-compliance with this requirement renders the master liable to a maximum penalty of £100.(s) If any colours usually worn by H.M. ships, or resembling those- of Her Majesty, or any distinctive national colours except the- red ensign and the Union Jack with a white border, or the pendant usually carried by H.M. ships or any pendant resembling it, are or is hoisted without warrant on any ship or boat belonging to a subject of the Queen, the master, or owner if on board, and every person hoisting or assisting in hoisting the same, is liable- to a penalty not exceeding £500. And any officer on full pay- in the Army or Navy, or officer of Customs or Consular officer- Penalty for not showing colom-s. Penalty for carrying im- proper colour (m) The " pass " is one of the ship's documents referred to below, § 129. (o) Per Sir W. Scott, . The Success, 1 Dods. 132 ; The Vrow Elizabeth, 5 C. Eob. 4 ; Phillips, Ins. 804. (p) Phillips, Ins. 804 ; see § 135 infra^ (g) 27(6 Vreede Scholtys, 5 C. Eob. 5,. note to The Vrow Elizabeth. (r) 52 & 53 Vict. c. 73, ss. 1, 4. (s) Ibid., ss. 2, 4. §§ 117-121.— WHAT DOCUMENTS THE MASTER MUST PROCURE. gg may go on board and take away such colours or pendant, whicli will be forfeited to the Queen. (^) Wkai Documents the Master must procure and keep, § 117. The master is the proper person to have the custody All documents •of the ship's papers. He should procure and keep on board all ^°^ protection papers and documents for the manifestation and protection oi the cargo. ship and cargo, in accordance with the law of the countries from a,nd to which he is bound, and in accordance with the law of nations and the existing treaties between particular States. He must be careful to take on board no false or colourable papers, No false or that might subject the ship to capture or detention by the oolou^We Ooremment of his own or any foreign country, or whereby the policies of insurance may be rendered void.(M) § 118. An attempt by the master to conceal («) the national Penalty character of a British ship from a person entitled to inquire into it renders her liable to forfeiture, («/) and her master to fine and imprisonment, under the following enactment : — If the master or owner of any British ship does or permits to be for conceal- done any matter or thing, or carries or permits to be carried any ment of British papers or documents, with intent to conceal the British character °J forelgj*''"" of such ship from any person entitled by British law to inquire character, into the same, or to assume a foreign character, or with intent to deceive any such person as lastly hereinbefore mentioned, such ship shall be forfeited to her Majesty ; and the master, if he commits or is privy to the commission of the offence, shall be guilty of a misdemeanour.(2:) § 119. Prom the following enactment it will be seen that in certain cases the master also renders himself liable to a penalty if he fails to produce his ship-documents when required to do so. Every officer of the Board of Trade, and every commissioned officer Officers of of any of her Majesty's ships on full pay, and every British consular Board of^^^^^ (i) 17 & 18 Vict. c. 104, s. 105. As evidence, on which the judge may find to the mode of prosecuting the offence a cause of forfeiture proved, but they are and recoyering the penalty, see 52 & 53 in themselves no cause of forfeiture." Per Vict, c 73, s. 3 ; cp. The Minerva, 8 C. Erie, C.J., Jlobbs v. Hennmg, 17 C. B. Bob. 34 ; B. v. Miller, 1 Hagg. 197 ; N. S. 791, 821. Ji. ,. Benson, 3 Hagg. 96, cases before {x) As by representing that she has the present enactment. been sold to a foreigner : Theb^ptre 35 (tt) Abbott, 13th ed. 395 ; Eorneyer v. L. T. 429 ; The AnnanclaU, 2 i". D. 179, ImsUngton, 15 East, 46 ; Oswell v. 218. ^, ^ ^ . ^ , „ , . ,. Viqne,iUd. 70. "The papers alone are {y) The forfeiture takes effect immedi- not a breach of neutrality, so as to work ately on the commission of the offence a forfeiture of the ship i they are only and prevails against a subsectuent 6on<« evidence, from which a cause of forfeiture fide purchaser without notice. J he An- may be inferred. They may be evidence, nandale, vhi sup. im.„„j either of enemy's property, or of destl- {z) 17 & 18 Vict. c. 104, s. 103; and nation to a blockaded port, or to an see § o2 infra. enemy's port with contraband, and so be 70 officers, con- suls, the registrar- general of sea- men, officers of Customs and shipping masters, may inspect docu- ments and muster crews. Penalty. Effect of false papers on insurance. What docu- ments master must keep. CHAP. III.— PREPARATION FOR THE VOYAGE. officer, and the E,egistrar-Greneral of Seamen and his assistant, and every chief officer of Customs in any place in her Majesty's dominions, and every [superintendent of a mercantile marine office] (a) may, in cases where he has reason to suspect that the provisions of this Act or the laws for the time being relating to merchant seamen and to naviga- tion, are not complied with, exercise the following powers ; (that is to say,) He may require the owner, master, or any of the crew of any British ship to produce any official log books or other documents relating to such crew or any member thereof in their respective possession or control : He may require any such master to produce a list of all persons on board his ship, and take copies of such official log books, or documents, or of any part thereof : He may muster the crew of any such ship : He may summon the master to appear and give any explanation concerning such ship or her crew or the said official log books or documents : And if upon requisition duly made by any person so authorised in that behalf as aforesaid, any person refuses or neglects to produce any Such official log book or document as he is hereinbefore required to produce, or to aUow the same to be inspected or copied, as aforesaid, or impedes any such muster of a crew as aforesaid, or refuses or neglects to give any explanation which he is hereinbefore required to give, or knowingly misleads or deceives any person hereinbefore authorised to demand any such explanation, he shall for each such offence incur a penalty not exceeding twenty pounds. (6) § 120. The underwriters are not liable for a loss of ship, consequent upon a neutral vessel's taking false papers,(c) unless liberty to do so is expressly reserved in the policy. ((^) Indeed, according to analogy and the weight of authority, there is an implied stipulation on the part of the assured, by the fact of affecting the policy, that the ship or goods insured are accompanied by documents and other insignia truly indicating their national character.(e) § 121. The documents which the master should procure and keep on board are the following : — 1. The CEETrFiCATE of Eegistey,(/) and the memorandum of tonnage of any space not included in the ship's registered tonnage, and in which deck cargo is carried.(^) 2. The Agreement with the Seamen, and indentures or assignments of apprenticeships. (/;,) C.J., and Grose, J. Christie v. Seeretaw, 8 T. R. pp. 196, 197 ; Bell v. Cairatairs, 14 East, 374; Le Oheminant v. Allnutt, 4 Taunt. 367, 379 ; Steel v. Laey, 3- Taunt. 285. Op., however, JPrice v. Bell, 1 East, 663 ; Dawson v. Atty, 7 East, 367. (/) See 17 & 18 Vict. ^. 104, ss. 44- 54 ; § 122 infra. ig) 39 & 40 Vict. c. 80, s. 23 ; infra § 252, and see § 122. (7j) 17 & 18 Vict. c. 104, ss. 149-167 : («) 25 & 26 Vict. c. 63, s. 15. (6) 17 & 18 Vict. c. 194, s. 13 ; see also as to production of ship's documents, ibid., s. 19 ; 34 & 35 Vict. c. 110, s. 5 ; 39 & 40 Vict. c. 80, s. 23 ; infra §§ 122, 131—133. (c) Phillips on Ins. 744 ; Morneyer v. Lushington, 15 East, 46 ; Oswell v. Vigne, ibid., 70; Formin v. Oswell, 3 Camp. 356. (d) Bell V. Bromfield 15 East, 364. (e) Phillips, 745 ; per Lord Kenyon, •§ 122.— the certificate of registry. 71 3. The Ohaeter-Party. 4. The Bills of Lading (i) and Invoices. 5. The Log Book. (A;) 6. A Bill of Health.(^) 7. In time of War, The Passport, Sea Brief, Sea Letter, OR PASS.(m) 8. The master is also required to make out and sign for delivery to the superintendent at his final port of destination, a list containing certain particulars respecting his ship, her voyage and crew ;(n) and to keep a book wherein to enter any deductions to be made from any seaman's wages ;(o) and he must be careful to obtain the various certificates and receipts referred to he\ow,(j>) production of which is necessary before a clearance or transire can be obtained. Of the above documents it will be convenient here to refer to those numbered 1, 5, 6, 7 ; and the others will require attention below in connexion with the subjects to which they respec- tively relate. The Certificate of Registry. § 122. The master's duties with reference to the certificate The certificate ,of registry are : — (1) To see that his name is comprised therein, ° ^ ^ or, if he has been substituted for another master, that a memoran- dum of the change is indorsed thereon, otherwise he may be refused at any port in the Queen's dominions admission to act there as master of his ship.(§') (2) To produce the certificate to the officer of Customs whose duty it is to grant a clearance or transire ; (r) and also, it seems, to produce the certificate as well as the memorandum of deck tonnage above mentioned when tonnage dues are demanded. (s) (3) In case of the loss or destruction of the certificate in the United Kingdom, or in the British Possession where the ship is registered, to obtain a new certificate, and in case of such loss or destruction elsewhere, to make a declaration at the first port having a British registrar, at which the ship is after such loss or destruction, and obtain a provisional certificate,(^) and to deliver the same up within ten days after her first subsequent arrival at her port of discharge in the United Kingdom, or in the British Possession where she is as to fishing boats, see 46 & 47 Vict. (re) 17 & 18 Vict. u. 104, ss. 271- c. 41, ss. 13-23, 55; infra §§ 474, 276. et seq. (o) Ibid., s. 171 ; mfra § 487. (i) See Chap. VI. infra. (p) See §§ 131-183 infra. [h) 17 & 18 Vict. c. 104, ss. 280, 285- (q) 17 & 18 Vict. c. 104, ss. 44, 46. 287 ; (fishing boats) 46 & 47 Vict. c. 41, Or) Ibid., s. 19. s. 55 ; infra §§ 123-127. (s) 39 & 40 Vict. c. 80, s. 23. (I) Infra § 128. (*) 17 & 18 Vict. c. 104, s. 48 ; and see (m) l-nfra § 129. s. 51. 72 CHAP. III.— PEEPAEATION FOR THE VOYAGE. Coneequenoes of failure to produce, and using false certificate. registered, as the case may be, and obtain a new certificate. A penalty not exceeding £50 is imposed for failure to deliver, up a provisional certificate within the above period.(w) (4) To deliver up the certificate to any registrar, officer of customSj or other person lawfully entitled to require such delivery, and upon ceasing to command the ship, to the person entitled to the custody of the certificate for the parposes of the lawful navigation of the ship. Eefusal, without reasonable cause to deliver up the certificate to any of the above persons, renders the offenders liable to a penalty not exceeding £100. (a;) (5) In case of the loss of his ship in port, then immediately, and in case of her loss elsewhere, then within ten days after his arrival in port, to deliver up the certificate to the registrar, or to the British Consular officer at the port, under a like penalty for default.(2/) (6) In case of his ship becoming at a foreign port the property of persons qualified to be owners of British ships, to obtain a provisional certificate. (3/3/) No clearance or transire may be granted until after production of the certificate, and any ship attempting to go to sea as a British ship without, such clearance or transire, may be detained until production of the certificate. («) Any master or owner who uses, or attempts to use for the navigation of his ship, a certificate not legally granted in respect of her, is guilty of a misdemeanour, and renders his ship liable to seizure and forfeiture. (a) The Log Book : Official Log. Official log. § 123. An official log for every ship must be kept in the appropriate form sanctioned by the Board of Trade for the class of ships to which she belongs, each form containing blanks for the statutory entries required by the Act. It may, at the discretion of the owner or master, be kept either distinct from the ship's ordinary log, or united therewith ; but in all cases all the blanks in the official log must be duly and properly filled up.(6) (u) 17 & 18 Vict. w. 104, s. 49. {x) Hid., a. 60; op. e. 219, infra § 225. Where a ship's husband, and owner of the majority of shares, required from the mas- ter, who was also a part owner, delivery of the certificate, without giving any reason , or intimating an intention to appoint anotlier master, and before the ship had finished discharging, it was held that the master had reasonable cause for refusing to deliver it up, and could not be convicted under this section. HarlcU {or Arlde) v. Heneell, 8 E. & B. 328. But a master who is wrongfully dismissed is not entitled to retain the certificate of registry, and the Admiralty Court will order him to deliver it up. («y) Ihid., 8. 53. Tlie St. Olaf, 85 L. T. 428 ; 3 Asp. 268 ; cp. Gibson x. Imjo, 6 Hare, 112. (yy) See ibid., s. 54. (z) 17 & 18 Vict. c. 104, s. 19. (a) lUd., B. 52. (6) Ibid., s. 280 ; (fishing boats) 46 & 47 Vict. .;. 41, 8. 55. §§ 123-127.— LOG BOOK: OFFICIAL LOG. 73 If the master keeps an ordinary log of the daily occurrences Ordinary log. and routine separate from the official log, it is his duty to make those entries correctly. These logs, when correctly kept, or when regularly entered up by the mate from the log slate, often enable important evidence to be given in disputed questions with freighters Value of log and underwriters, which, without the assistance of the entries, ®°*"^^' would be either forgotten or incredible, (c) Thus, if a justifiable deviation from the ordinary course of the voyage is necessarily made,((i) the master ought to enter in the log, either at the time, or as soon afterwards as circumstances permit, a statement of the causes which rendered that deviation necessary, and of the circumstances attending it, and have the entry signed by the officer and some of the crew, so as to enable each person signing it to refresh his memory afterwards, if the necessity arises, as to the exact circumstances which existed at the time when such deviation was determined on. In many cases, the mere fact that daily occurrences are not duly and regularly entered is sufficient to raise in subsequent judicial inquiries, injurious doubts respecting the conduct of the master. § 124. The statutory requirements as to entries to be made by the master in the official log are as follows :(e) — By the Merchant Shipping Act, 1854.(/) — 244. Upon the commission of any of the offences enumerated in the Entry of [243rdJ section (g) an entry thereof shall be made in the official log offences to be book, and shall be signed by the master and ako by the mate or one of ]^g ^nd to be the crew ; and the offender, if still in the ship, shall before the next ^g^d oTer or a subsequent arrival of the ship at any port, or if she is at the time in copy given to port, before her departure therefrom, either be furnished with a copy tbe oftender, of such entry or have the same read over distinctly and audibly to him, f^^^^y ^g^j^g'*'' and may thereupon make such reply thereto as he thinks fit ; and a ^j^^ entered statement that a copy of the said entry has been so furnished, or that the same has been so read over as aforesaid, and the reply (if any) made by the offender, shall likewise be entered and signed in manner aforesaid ; and in any subsequent legal proceeding the entries herein- before required shall, if practicable, be produced or proved, and in default of such production or proof the court hearing the case may, at its discretion, refuse to receive evidence of the offence. 281. Every entry in every official log shall be made as soon as Entries to be possible after the occurrence to which it relates, and if not made on made in due the same day as the occurrence to which it relates, shall be made and *•"«• (c) It is usual in steamships for the of Trade or Customs who ascertains it, engineer to keep a log, which for the see 39 & 40 Vict. u. 80, s. 23, § 252 same reason should be accurately kept. infra. In collision actions the entries in such a (/) 17 & 18 Vict. 0. 104. log are admissible in evidence against the {g) See § 508 mfra. The offences owner. The £arl of Dumfries, 10 P. are desertion, disobedience and kindred J) 3j_ •' offences, wilful damage, embezzlement ot (d) Infra §§ 208-2 15. stores, smuggling. See also s. 249, as to (e) As to the entry of space occupied the production of entries of desertion ; by deck cargo by the officer of the Board infra § 489, note (°°''j'. is captured,(6) or strikes a rook, or perishes by storm, or the contract of cargo is wetted by a tempest, and thereby the ship takes fire and °*''"''Se. the cargo is lost, the master and owners are liable. Nor is it a defence in such cases that there is no natural or necessary con- nection between the wrong of the master in deviating from the proper course, and the, loss itself ; or that the same loss might have been occasioned by the same cause if the ship had proceeded in her direct course.(c) Thus, A put lime on board B's barge, to be conveyed from the Medway to London. The master of the barge deviated un- necessarily from the usual course, and during the deviation a tempest wetted the lime, and the barge taking fire thereby, the whole was lost. It was held that B, the owner of the barge, was liable, (i) § 177. The same rule was recently applied in Leduc v. Ward,{e) "Liberty to where goods were shipped under a bill of lading at Fiume for delivery at Dunkirk, perils of the sea excepted, the ship having " liberty to call at any ports in any order." She sailed for Glasgow, and was lost with her cargo off that port. It was held that the liberty to call extended only to such ports as were substantially in the course of a voyage from Fiume to Dunkirk ; that Glasgow was not such a port ; and that the goods having {x) Arnould, § 143 ; Phillips, 981. (6) Parker v. James, 4 Camp. 112. («/) Infra §§ 208-215. (c) Per Tindal, C.J., 6 Bing. at p. 723. (s) See infra §§ 194-200. (d) Davis v. Garrett^ 6 Bing. 716 ; and . (a) Arnould, § 143. See as to deviation, see 8caramanga v. ktamp, 4 C. P. D. Davis V. Garrett, 6 Bing. 716 ; as to 316 ; 5 ib. 295, infra § 214. delay, Freeman v. Taylor, 8 Bing. 124 ; (e) 20 Q. B. D. 475 ; followed m Moimt V. LarJdns, 8 Bing. 108; Fainter Marijetson v. Glynn, (1892) 1 Q. B. 337; V. MarshaU, 8 Bing. 317. W. N. (1893), p. 76, H. L. 112 CEAP. IV.— THE VOYAGE. been lost during a deviation, although by an excepted peril, the shipowners were liable for their loss to the bill of lading holders. Parol evidence that the shippers knew that the ship was to pro- ceed vid Glasgow was held inadmissible, as varying the terms of the bill of lading. Effect of delay. § 178. In like manner, if through the master's neglect to avail himself of all the means in his power for conveying the cargo to its port of delivery with due diligence and expedi- tion, (/) or by any unreasonable delay, the voyage is retarded, and damage accrues thereby to the owners of the cargo, the owners of the ship would be liable to make good the loss. Thus in the Wilhelmfy) the master of a ship, while waiting for cargo, omitted to take in sufficient stores and provisions for his voyage. Frost set in whilst he was subsequently taking in such provisions and stores, and the ship was consequently frozen in port, and detained from the beginning of October until the breaking up of the ice in the ensuing year : it was held that the owners of the ship were responsible to the owners of the cargo for any loss accruing from such detention. As we shall see hereafter, (A) a deviation may, in case of sub- sequent loss, render the owners and master personally liable to the holders of a bottomry bond. Under bottomry bond, Condition not to deviate implied in policy. Deviation : its effect on the Policy. § 179. In every contract of insurance, by means of a voyage policy, (i) the law implies that the meaning of the parties is, that the assured shall only enjoy the protection of the policy so long as he strictly pursues the regular and customary course of the voyage insured with all safe, convenient, and practicable expedition,(^) and does not, after the risk has begun, enhance or vary the perils insured against by the policy, without necessity or just cause.(^) The undertaking not to depart from the lawful course of the voyage insured, is called a condition not to deviate. It is only upon this condition, never expressed, but universally implied, that the underwriter agrees to indemnify the assured. Any failure, therefore, to comply with it substitutes a different risk for that which the underwriter undertook, and from that (/) As to the duty of the master of a steamship to use his steam, see Fraser v. Telegraph, &c., Co., L. E. 7 Q. B. 666 ; and op. Sogwrth v. Miller, (1891) A. C. 48. (ra (notes g, h), BottonJey v. JBaoUl, 5 B. & Gr. 210 ; and Way v. tiplmni, 2 T. B. 30. See, however, Phillips, 992, and the American cases there cited as opposed to the last-men- tioned decision. (o) Phillips on Ins. 994 ; Arnould, § 144, p. 406 iPlanelie v. Fletcher, 1 Dougl. 261L (p) Arnonld, § 146. \q) Marsden v. Beid, 3 East, 572". §§ 187, 188.— WHEN SHIP MAY CALL AT INTERMEDIATE PORTS. Hy When the Ship may call at Intermediate Ports ivithouf Deviation. § 187. In cases where tlie termini only of the voyage insured When master are indicated by the policy, and the parties to the contract have ™ter^*eJia{e -done nothing else towards indicating its course, the sole gnide in ports, determining what that course should be is mercantile usage, and nothing can be considered a deviation which follows only the course that usage has sanctioned ;(r) every underwriter being presumed to be acquainted with the practice of the trade which he insures.(s) Accordingly, where by the usage of trade it is customary in the Usage to stop ■course of the voyage insured to stop at intermediate ports, though dia!te*ports. out of the direct line, it is no deviation to stop there, though leave for that purpose is not expressly reserved in the policy; for such stopping is deemed to be in the regular course of the voyage insured, and therefore to have been contemplated by the parties to the policy. But for this purpose the usage must be precise, •clear, and established.(^) Thus, when all ships sailing through the sound in the regular course of their voyage touched at Elsinore to pay the sound dues and for convoy, it was held to be no deviation for a ship to stop there, although liberty so to stop was not reserved in the policy, so long as she was not delayed at Elsinore beyond what was necessary for such purposes.(^6) So, in the East Indian and Newfoundland trades, it has been often held that usage justifies the master and owners in delaying for purposes of trade or fishing, and in engaging in intermediate voyages, and that it is no deviation to do so, although the policy itself does not grant any liberty to do so.(a;) Thus, where the policy was on fish at and from Newfoundland to a port in Portugal, and the ship, after unloading at Newfoundland, went to Sydney, in Novia Scotia, for a cargo of coals, it was held that this, being in accordance with usage, was no deviation, (y) But to constitute such a usage as will justify touching at inter- insufficient mediate ports not named in the policy, the usage or practice must e^denoe of have been sufficiently frequent to authorise the presumption that -the parties to the policy had notice of it. Two instances of it, though in a not much frequented trade, would seem not to be ■enough.(s) For example, a stoppage at the Isle of Man, by a (r) Supra § 175. 3 Burr. 1707 ; Gregory v. Christie, 3 (s) Per Lord Mansfield, Noble v. Ken- Dougl. 419 ; as to the Newfoundland trade, noieay, 2 Doug, at p. 513. ViMmce v. Dewar, 1 Camp. 503, 504 ; («) Phillips, 1003 ; Arnould, § 145 ; 1 infra § 207 ; Ouffier v. Jennings, 1 Park Ins. 89 et seq ; Marsh. Ins. 139 ; Camp. 505, note. Cormiek v. Gladstone, 11 Bast, 347. (y) OuOier v. Jennings, 'uhi sup. ' (u) Cormiek v. Gladstone, 11 East, 347. (e) Phillips on Ins. 1003 ; Martin t (if) Arnould, § 145, p. 410 ; as to the Delaware Co., 2 Wash. C. C. 254. J}a8t Indian trade, Salvador' v. HopJdns, 118 Wbere policy directs course of voyage, usage inap- plicable. CHAP. IV.— THE VOYAGE. ship insured from Liverpool to the West Indies, was held not tO' be justified by proof that ships on that voyage occasionally, but not customarily, stopped there.(a) § 188. Where, however, the policy of insurance itself, besides- indicating the termini of the voyage, contains any directions as to the course which the ship shall take in sailing between them, suCh directions must be followed with the most scrupulous and literal exactness, and the slightest failure to comply with them will amount to a fatal deviation. And, where liberty was given in the policy to touch at one specified intermediate port, it has been held a devia- tion to put into any other than that named in the policy, even though calling at such other port was sanctioned by usage apart from the policy, and although neither the risk nor the premium would have been increased had such port been substituted for that named in the clau8e.(&) Thus, it being usual for ships sailing from Oarron for Hull to^ touch at different places for the purpose of taking in and delivering goods, and among others at Morrison's Haven, a merchant insured goods from " Carron to Hull, with liberty to call at Zeith." The ship on her voyage put into Morrison's Haven, and afterwards, without damage, got safe again into the direct course of the voyage from Carron to Hull, and was proceeding on such course, when she was wrecked with a total loss of the cargo; And it was held that putting into Morrison's Haven under this policy, which contained no liberty to do so, but, on the contrary, gave express permission to put into another named port, was a deviation, and discharged the underwriters from all further liability. (c) SucceBsive ports speci- fically named. In what order the Ship must visit Forts of Discharge, so as to avoid - ■ ■ ' Deviation. § 189. If the successive ports of discharge are specifically named in the policy, it will be a deviation if the ship does not visit such ports as she goes to in the precise order in which their names occur in the policy, whether that be the geographical order or npt,(cQ unless, indeed, long aild uniform usage, not manifestly excluded by the tenor of the policy, have established a difierent order, in which case the latter may be observed. (e) In Beatson v. Haworth,{f) a ship was insured "aif and from Fisherrow to Gottenhurg and lack to Zeith and Gockenzie." The (a) Salisbury v. Townson, 1 Burr. 341. (6) Amould, § 146 ; EUiott v. Wilmn, 4 Brown's P. C. 470. (c) Elliott V. Wilson, 4 Brown's P. C. 470. ' , (d) Amould, § 146, p. 412 ; Phillips, 1010, 1012 ; Beatson v. Haworth, 6 T. R. 531 ; Marsden v. Beid, 3 East, 572 ■„ Ashley v. Pratt, per Pollock, C.B., 16 M. & W. at p. 482. (e) Beatson v. Haworth, 6 T. R. 531. (/) 6 T. R. 531 ; see, however, PhiQips„ 10i2, as to this case. §§ 189-193.— ORDER OF VISITING PORTS OF DISCHARGE. ^^ latter port lies nearer to Gottenburg than Leith, and is about a mile and a half out of the direct course between the two. There appeared to be no settled course of trade as to the order of calling at the two places on such a voyage as the one insured. The ship first put into Cockenzie, and in coming out was stranded and lost. The putting first into Cockenzie was held to be a deviation, which discharged the underwriters. § 190. Where the subsequent and ultimate ports of destination intermediate are specified, and the intermediate ones are comprehended in some ?'"^^-|g^®^an'/ general description, any of these may be visited, but they must be subsequent visited in an order having reference to progress towards the P""^^ named. specified ulterior ports, unless the policy provides otherwise by allowing of voyages backwards and forwards. ((7) This order is not necessarily governed by the geographical distance from the port of departure, or that of each successive port from the pre- ceding, but will be afiected by usage, and, especially in the West Indies and other tropical regions, by the prevailing winds and currents in different seasons, and also by the circumstances and incidents of the particular passage.(/i) § 191. If a ship is insured on a voyage to " ports of discharge " Where porta which are not specifically named in the policy, the rule is that the named, ship must visit such ports in the geographical order of their; distance from the port of departure. (i) In Clason v. Simmonds,{k) a ship, insured on a voyage "/yom London to her ports of discharge within the Straits (of Gibraltar) as high as Messina," sailed on her. voyage with a freight for Marseilles, but with instructions to go also to Genoa, Leghorn, and Naples, and on arriving ofl" Marseilles, her first port of discharge in geographical order, as she was pre- vented by contrary winds from putting in there, proceeded first to Genoa and then to Leghorn, from which latter place she was making her way back to Marseilles, when she was captured. It was held by Lee, O.J., that by proceeding to Genoa before stopping at Marseilles (her first port of discharge) she acted contrary to the terms of the policy ; and the jury found that the returning from Leghorn determined the insurance there, and discharged the underwriters from the subsequent loss. § 192. If several successive ports of discharge are specifically ^"^Jf^^'^f/^^ named in the policy, it is not necessary that the ship should sail ports named in to all the ports so named. She may omit any, or sail only to t^e policy, one ; the sole limitation being that, if she visits more than one, she must take them in the order in which their names occur in (g) Phillips on Ins. 1013 ; Gairdner v. (i) Arnould, § 146, p. 413 ; Phillips on Senhouse, 3 Taunt. 16. Ins. 1010. (h) Phillips on Ins. 1013 ; and see . (k) 6 T. R. 533, n. Bragg v. Anderson, 4 Taunt, 229. 120 CHAP. IV.— THE VOYAGE. In certain cases master may sail back- wards and for- wards from port to port without deviation. the policy, unless there be a different usage which is not excluded by the language of the policy. (Z) Thus, where goods were insured "from Liverpool to Palermo, Messina, and Naples^' and the ship cleared and sailed for Naples, it was held that the true construction of the insurance was that a voyage to those three places meant a voyage to either of them or to any of them in their order, and that the assured might drop any of the places named, but that, if he went to more than one, he must take them in the order named in the policy. (m) § 193. Generally speaking, it is a deviation for a ship, after having once touched at one of several ports, to revisit it, or to sail backwards and forwards from one to the otheir, unless express liberty for that purpose be inserted in the policy •,{n) or unless it appear by the terms of the policy that the purposes of the voyage, as described, necessarily require such a liberty for duly carrying them into effect.(o) But insurance generally "to a marhet," or for the purpose of obtaining or loading a cargo, or trading, in a certain mentioned region, authorises passages backwards and for- wards for the purposes of the voyage, regard being had to the prevailing winds and currents as to the order of touching at ports, and such a policy covers the risk to the same port more than once.(p) Thus it has been held in the United States, that a ship, insured on a West India voyage to St. Thomas and a marhet in the West Indies, was justified in seeking a market at the different islands, without regard to their geographical order, and even in touching at the same port once and again, if it were with the hond fde inten- tion of finding a market, but that the ports were not to be taken in such order, in respect of currents and winds and seasons, as to prolong the risk unnecessarily. (§■) Licence clanses : their • construction. Effect of Licence Clauses in Excusing' Deviation. § 194. There are sometimes special clauses in the policy, by which liberty is given to the ship " to call," or "to touch," or " to touch and stayl' or " to toucfi, stay, and trade," either at certain specified ports, or " at all ports whatsoever, for all purposes whatso- ever," &o. The extent of the licence, which is conferred by these words, depends upon the nature and extent of the risk, which the parties (0 Amould, § 146, p. 413 ; Phillips, 1010. (m) Marsden v. Jteid, S Eaot, 572. I («) Arnould, § 146, p. 414 ; Oairdner V. Senhouse, 3 Taunt. 16. (o) Mellish v. Andrews, 2 M. & Sel. 27 ; 5 Taunt. 496 (Ex. Ch.). (p) Phillips on Ins. 1014 ; Armett v. Innes, 4 J. B. Moore, 150 ; Ashley v.JVoW, 16 M. & "W. 471 ; 1 Ex-. 257. ■ ( j) Debloisy. Ocean 2ns. Co., IQFick. 303; Phillips, 1014. :§§ 194-200.— EFFECT OF, LICENCE CLAUSES- IN EXCUSING DEVIATION. i 01 to the policy contemplated and agreed to undertake, and the nature and extent of such risk are to be collected from the con- tents of the policy itself. The construction of the licence clauses i,, general must be governed by the character of the voyage, described in liberal. the policy, and the fair and reasonable meaning of its provisions, and if the purpose is expressed, the construction is to be liberal an reference to such purpose.(r) In case of a change of the voyage before its commencement, the licence clauses, however wide, as we have seen, never attach.(s) Where a ship was insured " at and from Pernanibuco or any -yyi, f » i, otha- port or ports in the Brazils to London," " luith liberty in that may visit '^ i-oijage to proceed and sail to and touch cmd stay at any port or Ucfnce^cfauses places whatsoever, and to call, ta,ke in, deliver, or cmhanije goods at any place," and after touching at PernambucOj and finding no cargo there, she sought it at S. Salvador, another port in the Brazils, 500 miles to the south of Pernambuco, and consequently the same distance out of the direct course to London, it was held no "deviation. (^) So, where a ship was insured, " at and from Liverjjool to ports and places in China and Manilla, all or any, during the ship's stay there, for any^purposes, and from thcnec to her port or ports of ccdling and discharge in the United Kingdom, with liberty to call ■and stay at all or any ports or places on either side of and at the /Jape of Good Sope." She sailed for the coast of China, dis- charged part of her outward cargo at the Chinese port of Tonghoo, .and proceeded to Manilla, where she discharged the residue. At Manilla, the captain, finding freights low, took on board only part •of a cargo and sailed back for Tonghoo, in order to complete his homeward cargo. On this passage the ship was lost^ This was held to be no deviation.(t6) § 195. But, unless it appears manifest upon the true con- Only suck as struction of the policy, that the parties had a different meaning, lie in usual 1 ^1 1 1 ^1 -. 1-1 . . ^ 1 -1 . and direct it may be taken as a general rule, that a liberty to touch and stay, course. though coached in very extensive terms, can only confer a power of visiting such ports as lie in the usual and direct course between the termini of the voyage insured. However extensive the lan- ^age of licence clauses may be, they can never confer a power of visiting ports out of what, upon a fair construction of the whole .policy, appears to have been the course of the voyage contemplated and insured by the parties ; nor can they justify the ship in visit- (r) Phillips, 1005 ; Araould, f; 147 ; (t) Lambert v. Llddard, b Tauot. 480 ; .Bacicr V. ^««Ktt, loEast, 278;.andsee and see Brarjg v. Anderson, 4 Taunt. infra § 196. ^29. {«) Bimon v. Sedgwick, (189.S) 1 Q. V.. (u) Ashley v. Pratt 16 -U & W, 471 ; in 303: affg. 67 L. T. 352 ; ^ IBo, s».pra nrror, 1 Ex. 257 ; cp. //o»TO«;e;- v. 7:/«tc/im- 122 CHAP. IV.— THE VOYAGE. ing any port, even though within the local limits of the voyage insured, for any purpose which is not connected with the main object of the adventure.(a;) Examples. In Zavabre v. Wilson, (y) a ship was insured on an East Indian voyage, "at and from Port I'Orient to Pondicherry, Madras, and China, and at and from thence back to the ship's port or ports of discharge in Prance, with liberty to touch in the outward or home- ward-bound myage at the Isles of France and Bourbon, and at all or any other place or places what or wheresoever ; " and with a stipulation that " it shall be lawful for the said ship in this voyage to proceed and sail to, and touch and stay at, any ports or places wlmtsoever, as well on this side as on the other side of the Cape of Good Hope, without being deemed a deviation." Lord Mansfield said, that it was his clear opinion that the general words were so qualified and restraiaed by the expressions " in the outward and hormward-bound voyage " and " in this voyage," as to mean " all places whatsoever in the usual course of the voyage to and from the places mentioned in the policy." And, where a ship was insured " at and from Africa to the Cana- ries, Madeira, and Lisbon, with liberty to touch, stay, and trade at all ports, &c., in the voyage," it was held, that after she had once moored at anchor for twenty-four hours, in a port in Africa, so as to give an inception to the risk, she could not then proceed to the southward, but only northwards towards Europe^ the object being; only to protect deviations in the direct course of the voyage insured.(a) In Bottomley v. Bovill,(b) a ship was insured "at and from London to New South Wales, and at and from thence to all ports and places in the Bast Indies or South America," with liberty " tO' proceed and sail to, touch and stay at, any ports or places^ whatso- . ever, &c., for all purposes vihatsoever, particularly to trade and sail ■ ' backwards and fonoards and forwards and backwards." The ship sailed from London with convicts for New South Wales, and from thence to New Zealand on an engagement for a voyage to New Zealand and back to New South Wales. On her way back to New South Wales she was lost. It was held, that notwithstanding the extensive terms of the policy, the sailing to New Zealand was a deviation, as New Zealand lay entirely out of the course of the voyage from New South Wales either to the East Indies or tO' (a;) Arnould, § 148 ; Phillips, 1007 ; (a) Bariken v. Beeve, 2 Park's Ins. Jjanghorn v. AUnutt, iTauat. 511 ; Ham- 627 ; cp. Sogg v. Homer, ib. 626, as to ■m&ad V. £eid, 4 B. & A. 72 ; SoUy v. which see Arnonld, § 148, note (Z), citihg^, Whitmore, 5 B. & A. 45 ; cp. Xeduc v. Ashley y. Pratt, 16 M. & W. 471; 1 Ex. Ward, 20 Q. B. D. 475, § 233 svpra: 257. Margetson v. Glynn, (1892) 1 Q. B. 337 ; (b) 5 B. & Cr. 210 ; and see Oairdnev W. N. (1893), p. 76, H. L. v. Senhouae, 3 Taunt. 16. (y) 1 Dougl. 284, 296. i i §§ 194-200.— EFFECT OF LICENCE CLAUSES IN EXCUSING DEVIATION. 123 South America, and the voyage thither was not connected with either of the voyages contemplated by the parties. § 196. But where it plainly appears, upon the true construction -vv^heii he may of the whole policy, that the parties could not have intended to ^}^^^ ™^ei' ^^^ give this limited effect to these clauses, they will be construed to ports out of confer a power of visiting any ports within the scope of the policy, *^ '^"'^'^^^ "^ although such ports lie wide of the usual and direct course between the termini of the voyage, and even in a diametrically opposite direction ; provided only, that they be visited for a purpose connected with the prosecu,tion of the adventure which is contemplated by the policy.(c) ,. Where a ship was insured " at and from Antigua to England, with liberty to touch at all or any of the West Indian Islands, Jamaica included" and in order to complete her homeward cargo, she put into St. Kitt's, which lay out of the direct course of the voyage from Antigua to England, it was held, that it was not a deviation, but that she might under the policy touch at any of the West India Islands, although not in the direct course from Antigua to England, and stay at such as she visited the time necessary to take in goods to complete her homeward cargo."(<^) And where a ship was insured " at and from London to the ship's discJiarging port or ports in tlie Baltic, with liberty to touch at any pwt or ports for orders or any other purpose'' and the, ship having touched at Oarlsham in Sweden for orders, and having gone on to Swinnemunde, a more distant port, for further orders, and having received orders at Swinnemunde, as it was unsafe to load at Swinnemunde, to return to Oarlsham and there wait for orders : it was held that the ship might so return to Oarlsham without being guilty of a deviation, it having been found that she went to Swinnemunde for orders in prosecution of her voyage, and returned to Oarlsham to obtain further orders as to the further prosecution of the same voyage.(e) And in the Ex- chequer Chamber the Oourt said, that under a policy worded as this was, the assured had a right to go backwards and forwards from port to port for orders as to his port of discharge, until his port of discharge was fixed.(/) So in Hunter v. LeatUe^,{g) goods were insured upon a voyage " at and from Singapore, Penang, Malacca, and Batavia, all or any, to the ship's port or ports of discharge in Great Britain or Holland," ' (c) Arnonld, § 149 ; Bragg v. Ander- (d) Metcalfe y Parry, 4^Cainp. 123. son, 4 Tannt. 229 ; Lambert v. Liddard, (e) Mellish v. Andrews, 2 M. & b. -J7 ; bT3.\mi.im; Metcalfe y.Parry,iGa.mp. 5 Taunt. 496. ^, ^ ^ ^ ^„„ 123: MeUish v. Andrews, 2 M. & S. 27 ; (/) Per Gibba C.J., 5 Taunt. 503. 5 xLunt. 496; Hunter v. LeatUey, 10 (g) 10 B. & C. 858; 7 Bing. 517 B & C. 858; 7 Bing. 517 ; Bize v. Flet- op. Armett v. Innes, 4 J. B. Moore, loO ; ciier 1 Dougl. 284, 288. Barclay v. Stirling, 5 M. & S. 6. ■ 124 CHAP. IV.— THE VOYAGE. What ports he &c., with leave " to totich, stay, and trade at all or any ports and undeTthe plaees whatsoever, and wheresoever, in the East Indies, Persia, or licence clauses, elsewhere," and also with permission " to touch and stay at any ^ ""P ^'" ports or places whatsoever, and wheresoever, in any direction, atid for any pv/rpose necessary or otherioise, particularly Singapore, Perutng, Malacca, Batavia, the Cape of Good Hope, and St. Selena, ivith leave to take on board, discharge, reload, or cxcJiaiige goods and passengers, without being deemed a deviation." The ship took in part of her cargo at Batavia, and then proceeded to Sourabaya (another port in Java, 400 miles to the eastward of Batavia, and directly out of the coarse from Batavia, or any other of the four ports mentioned in the policy, to Europe), and at Sourabaya took on board the remainder of her cargo, and returned with it to Batavia, whence she sailed for Europe. She was afterwards lost by perils of the seas. It was held, that the putting into Soura- baya for the purpose of completing her cargo was no deviation. When liberty § 197. A general liberty to touch at a port or ports, without geneia, specifying them, will justify touching only for the purposes of the voyage.(A) Though a port is within the terms of the policy, if purpose of the purpose for which it is visited is not within the scope of the must be within adventure contemplated by the policy, visiting it will amount to scope of a deviation. Indeed, however extensive the language may be, adventure. ., • • 4. 4. -e ^^. u ,, j^ j, / ' the permission to stay, even 11 it be "for any purpose whatever, always means for some purpose within the scope of the adventure. The liberty in the policy must always be construed with reference to the main scope of the voyage insured.(i) In Williams v.Shee(k') goods were insured " at and from London to Berbiee, with liberty to touch and stay at any ports and places whatsoever and wheresoever, and for all purposes whatsoever, parti- cularly to land, load, and exchange goods, without being deemed a deviation." The ship, which had sailed with convoy, put in to Madeira for the purpose of unloading goods and taking on board wines, and there delayed, for that purpose, till after the convoy had proceeded on the voyage. This was held to be a deviation, not- withstanding the extensive liberty given by the policy, because she had stayed behind for the purposes of trade when the rest of the fleet had sailed away in the prosecution of the voyage, a proceeding which was not within the main scope of the voyage insured. And so in Solly v. WhitmoreQ) a ship was insured on an out- ward voyage, " at and from Hull to her port or ports of loading in (A) Phillips onlnsk 1007. (l) 5 B. & A. 45 ; and see Hammond (i) Amould, § 150; per Gibbs, J., v. Aleid, 4 B. & A. 72. The correctness Langhorn v. AUnutt, 4 Taunt. 519 ; per of the decision in SoUy v. Whitmore, Lord Ellenborongh, Williams v. Shee, 3 though not the principle on which it is Camp. 469, 471. founded, is doubted by Phillips : Ins. (k) Dbi sup., see also Clason v. Sim- 1007. monds, 6T.R. 533, n. §§ 194-200.— EFFECT OF LICENCE GLAUSES IN EXCUSING DEVIATION. J25 tlie Baltic Sea and Chdf of Finland, with liberty for the ship in tlie Purpose of said voyage to proceed and sail to, and to touch and stay at any ''^siting port ports or places whatsoever and wheresoever, for all purposes, particu- scope of larly at Elsinore, wiihout ieing deemed a deviation." The ship's ^'^^^'i''''^- intended port of loading was Pillau. Before sailing, she took goods on board for Elsinore and Dantzic, and on her voyage she stopped at both these places in order to deliver those goods, and was afterwards lost before reaching Pillau. It was held, that the stopping to deliver goods, being a purpose wholly foreign to the main object of the voyage insured, which was a voyage to a loading port, was a deviation. In Hamilton v. Sheddon(m) an insurance was effected on goods on board a ship, which, as appeared by a memorandum on the policy, was meant to act as a tender to other ships employed in the palm-oil trade on the African coast, with leave " to call at all ports and places, iaclauards and forwards, and forwards and hack- wards, for any pitipose, without heing deemed any deviation ; and . ... to proceed and sail to and touch and stay at any ports or places whatsoever, and to load, unload, &c." The ship sailed from the Benin river (where she had been for some time acting as a tender) to Oameroones, with the cargo of one of the oil-ships which had gone ashore at the bar of the Benin river. This was held to be a deviation, although the policy contained the most extensive liberty to touch and sbay, as it was not acting as a tender within the meaning of the policy. § 198. If the ship visits an allowed port for an allowed pur- Licence to pose, no trading, breaking bulk, landing, or loading cargo, however ggrttin^casea alien to the main object of the adventure, is a deviation, if it be held to give completed during the period of the ship's lawful stay in such port, ^'^.^^1^^ ° so as neither to cause any additional delay, or any substantial variation of the risk.(?i) And further, whenever it appears on the face of the policy to have been clearly contemplated by the parties, or necessary to the purposes of the voyage insured, that the ship should trade, where she has a liberty merely to touch, her trading there will not be deemed a deviation, (o) Thus where a ship was insured " at and Extent from Madeira to Santos, with liberty to touch at the Cape de Verde Islands," and it appeared from a letter shown to the underwriters before the policy was effected, that the parties intended the ship to take in salt at one of the Cape de Verde Islands, she was held entitled to do so, under the mere liberty " to touch " there.(2?) (m) 3 M. & W. 49. (o) Ai-nculd, § 152 ; Phillips, 1005. (n) Arnould, § 152; Phillips, 999; (p) Vrquhart v Birnard, 1 Taunt. Baine v. BeU, 9 East, 195 ; Cormich v. 450 ; and see Metcalfe v. Parry, 4 Camp. Gladstone, 11 East, 347 ; cp. Laroche v. 123, «j. 37. {e) 17 & 18 Vict. c. 104, s. 279. 143 Lists to be delivered by home-trade ships half- yearly. Lists to be sent home ia case of transfer of ship and in case of loss. OfBcial log to be delivered. Agreements, indentures, and assign- ments, on arrival at a foreign port, to be deposited with the consal ; and at a colony, with the ofBcers of Customs. 144 CHAP. IV.— THE VOYAGE. port where there is a British consular officer, or at any port in any British possession abroad, and remains thereat for forty-eight hours, the master shall, within forty-eight hours of the ship's arrival, deliver to such consular officer or to the chief officer of Customs (as the case may be), the agreement with the crew, and also all indentures and assignments of apprenticeships, or, in the case of a ship belonging to a British possession, such 6f the said documents as such ship is provided with : (2) Such officer shall keep such documents during the ship's stay in such port, and, in cases where any indorsements upon the agreement are hereby required, shall duly make the same, and shall return the said documents to the master a reasonable time before his departure, with a certificate, indorsed on the agreement, stating when the same were respectively delivered and returned : (3) If it appears that the required forms have been neglected, or that the existing laws have been transgressed, such officer shall make an indorsement to that effect on the agreement, and forthwith transmit a copy of such indorsement, with the fullest information he can collect regarding such neglect or transgression, to the Registrar-General of Seamen : And if any master fails to deliver any such document as aforesaid, he shall for every such default incur a penalty not exceeding twenty pounds ; and in any prosecution for such penalty it shall lie upon the master either to produce the certificate of the consular officer or officer of Customs hereinbefore required, or to prove that he duly obtained the same, or that it was impracticable for him so to do. To observe regulations, and pay dues. Enforcement of light dues. Powers of distress. Tlie Masters Duties to the Authorities of the Harbour. § 226. When the ship is in a harbour or port, it is the master's duty to strictly observe and obey the regulations in force there, and to pay all proper port, light, or other dues. For the latter he is in general personally liable,(/) and when there is a custom to that effect it seems that the anchor and sails may be distrained for port dues.(^) The powers and duties of lighthouse authorities with reference to regulation and collection of light dues, exemption of certain ships therefrom, and publication of tables and regulations in force with respect thereto, are defined by the Merchant Shipping Act, 1854.(A) By s. 400 of that Act no clearance or transire may be granted at any port where light dues are payable, unless the receipt for them is produced. And by s. 401 the authorised collector of light dues is ex- pressly empowered, in case they are not paid on demand, in addition to other remedies, to enter upon the " ship, and distrain the goods, guns, tackle, or any other thing belonging to or on (f/) Yinkeetone. v. Hbden, ubi sup. (h) 17 & 18 Viot. c. 104, as. 396—403 if) Mayor of London V. Hunt, 3 Lev. 87 ; Vinkestone v. Mden, 1 Salk. 248 ; Maude & Poll. 4th ed. 184. §§ 226-230.- MASTER'S DUTIES TO THE HARBOUR AUTHORITIES. i^n board " of her ; and in case of continued non-payment, after three days he may have the same appraised and sold, and apply the proceeds in payment of the light dues and reasonable expenses, paying the surplus to the owner or master. Elaborate provisions for the recovery of rates, including the like powers of distress, are contained in " The Harbours, Docks, and Piers Clauses "The Har- Act, 1847,"(i)and are applicable in all ports and harbours which and'pi^rr^'' are subject to that Act. Clauses Act, § 227. Some of the master's duties in such ports and harbours ^^*^' are defined by sections of the Act itself. Others are defined by bye-laws, made under the authority of the Act. (A;) These duties are enforced by penalties. The provisions of the Act bearing upon the master are as follows : — 2 The expression " the prescribed limits," used with reference "Thepre- to the harbour, dock, or pier, shall mean the distance measured from scribed the harbour, dock, or pier, or other local hmits (if any) beyond the limits:" harbour, dock, or pier, within which the powers of the harbour-master, dock-master, or pier-master, for the regulation of the harbour, dock, or pier, shall by the special Act be authoriEed to be exercised ; . . . , the expression " the harbour, dock, or pier " shall mean the harbour, i, ^^^g harbour dock, or pier, and the works connected therewith, by the special Act dock, orpier : " authorized to be constructed; the expression "the harbour-master" "the harbour shall mean, with reference to any such harbour the harbour-master, master : " and with reference to any such dock the dock-master, and with reference to any such pier the pier-master, respectively appointed by virtue of this or the special Act, and with respect to all Acts authorized or required to be done by such harbour- master, dock-master, or pier- master, shall include the assistants of every such harbour-master, dock- master, or pier-master. And with respect to the collection and recovery of rates, be it enacted Collection of as follows : rates. 34. The collector of rates may, either alone or with any other Collector may persons, enter into any vessel within the Hmits of the harbour, dock, enter vessels to or pier, in order to ascertain the rates payable in respect of such ascertain rates vessel, or of any goods therein. 35. Within twenty-four hours after the arrival within the limits of Master to the harbour, dock, or pier of any vessel liable to rates, the master of report arrival such vessel shall report such arrival to the harbour-master, and if he "^ vessel. fail to make such report within the time aforesaid he shall be liable to Penalty for a penalty not exceeding ten pounds. neglect. 36. The master of every registered vessel shall, on demand, produce Master of the certificate of the registry of such vessel to the collector of rates, vessel to pro- and if any such master refuse or neglect to make such production, on ^"^g "? j"^"^*® demand, he shall be liable to a penalty not exceeding twenty pounds. °^ 37. When any goods are intended to be unshipped within the limits Masters of _ of the harbour, dock, or pier, the master of the vessel containing such vessels to^give goods shall, within twelve hours after the arrival of such vessel within loodslntended the limits of the harbour, dock, or pier, deliver to the collector of rates ^^ ^^ „„. (i) 10 & 11 Vict. 0. 27, ss. 34-48. Shipowners v. London and India Docks, tij/^^jts &c (k) Sects. 83-91. As to the efifect of (1892) 3 Ch. 242. ' these sections see London Association of K 146 CHAP. IV.— THE VOYAGE. the name of the consignee of the goods intended to be unshipped, or other person to whom the same are to be delivered, and if the whole cargo be intended to be unshipped, a copy of the bill of lading or manifest of the cargo, or, if part only of the cargo be intended to be ■ unshipped, the best account in writing in his power of the kinds, weights, and quantities of the several goods intended to be unshipped ; and every such master shall, if required so to do by the collector of rates, give to him twelve hours' notice of the time at which the cargo of such vessel, or any part of the same, is intended to be unshipped. Penalty on 38. Every master of a vessel of which the cargo or part of the cargo masters giving shall be unshipped within the limits of the harbour, dock, or pier, who no account, or gi^n jja^g failed to deliver or to give any of the particulars in regard to the cargo or the notice in regard to the unshipment tnereoi nerem- before required to be delivered or given by such master, or who shall deliver or give any false particulars or notice, shall for every such oflfence be liable to a penalty not exceeding ten pounds. a false account, of goods to be unshipped. Duty of shippers. In case of dispute between col- lector aud master, &c., goods to be weighed or measured. As to the expenses of weighing or measuring goods. Kates on goods when payable. Penalty on evading pay- ment of rates. Sect. 39 relates to the duties of shippers, requiring them to give a true account of goods intended to be shipped, under a maximum penalty of £20 for default. 40. If any difference arise between the collector of the rates and the master of any vessel or the owner of any goods concerning the weight or quantities of the goods in respect of which any rates are payable, such collector may cause all such goods to be weighed or measured, and, if necessary, may detain the vessel containing such goods until they have been weighed or measured. 41. If the weight or quantity of such goods be greater than that shown by the manifest, bill of lading, account, or statement delivered by the master of the vessel or by the owner of the goods, the expenses of such weighing or measuring shall be paid to the undertakers, (Z) and shall be recoverable by the same means as are herein or in the special Act provided for the recovery of rates ; but if the weight or quantity of such goods be the same or less than that shown by the manifest, bill of lading, account, or statement so delivered, the undertakers shall pay all the expenses of such weighing or measuring, and shall also pay to the master of the vessel or to the owner of the goods all the expenses occasioned by such weighing or measuring, or by the detention of the vessel for that purpose. 42. The rates payable to the undertakers in respect of any goods shipped or unshipped within the limits of the harbour, dock, or pier shall be paid as follows : (that is to say) if such goods are to be shipped they shall be paid before the shipment, or if such goods are to be unshipped they shall be paid before the removal of the goods from the premises of the undertakers, and before the expiration of two months next after they were unshipped. 43. If the master of any vessel or the owner of any goods evade the payment of the rates payable to the undertakers in respect of such vessel or goods, or any part thereof, he shall pay to them three times the amount of the rates of which he shall so have evaded the payment, and the same shall be recovered from such master or owner respectively in the same manner as penalties imposed by this Act are directed to be recovered, or by action in any court of competent jurisdiction. 44. If the master of any vessel in respect of which any rate is (I) i.e. The persons authorized to carry out the special Act under which the harbour, dock, or pier is constructed : s. 2. §§ 226-230.— MASTER'S DUTIES TO THE HARBOUR AUTHORITIES. payable to the undertakers refuse or neglect to pay the same, or any part thereof, the collector of rates may, with such assistance as he may ■deem necessary, go on board of such vessel, and demand such rates, and on nonpayment thereof, or of any part thereof, take, distrain, or arrest, of his own authority, such vessel, and the tackle, apparel, and furniture belonging thereto, or any part thereof, and detain the matters so distrained or arrested until the rates are paid ; and in case ^ny of the said rates shall remain unpaid for the space of seven days next after any distress or arrestment so made, the said collector may cause the matters so distrained or arrested to be appraised by two or more sworn appraisers, and afterwards cause the matters distrained or arrested, or any part thereof, to be sold, and with the proceeds of such sale may satisfy the rates so unpaid, and the expenses of taking, keeping, appraising, and selling the matters so distrained or arrested, rendering the overplus (if any) to the master of such vessel upon ■demand. 45. If default be made Ln the payment of the rates payable in respect of any such goods, the collector of rates may distrain or arrest, of his own authority, such goods, and for that purpose may enter any vessel within the limits of the harbour, dock, or pier in which the goods may be, with such assistance as he shall deem necessary, or if "the said goods have been removed without payment of such rates he may distrain or arrest any other goods within the limits of the. harbour, ■dock, or pier, or the premises of the undertakers, belonging to the person liable to pay such rates, and may sell the goods so distrained or arrested, and out of the proceeds of such sale pay the rates due to the undertakers, rendering the overplus, if any, to the owner of such goods, •on demand ; or the undertakers may recover such rates by action in any court having competent jurisdiction ; provided always, that the •collector of rates shall, before making any such distress or arrestment as aforesaid, pay all duties which may be payable to Her Majesty in respect of the goods so distrained or arrested, and he may retain the amount of duties so paid out of the proceeds arising from the sale of such goods. 46. If any dispute arise concerning the amount of any rates due, or "the charges occasioned by any distress or arrestment, by virtue of this or the special Act, the person making such distress or using such •arrestment may detain the goods distrained or arrested until the amount of the rates due or the charges of such distress or arrestment "be ascertaiued by a justice, if in England or Ireland, and by the sheriff if in Scotland, who, upon application made to him for that purpose, shall determine the same, and award such costs to be paid by either of the parties to the other of them as he shall think reasonable, and such -costs, if not paid on demand, shall be levied by distress or poinding and sale, and such justice or sheriff shall issue his warrant accord- ingly. 47. The undertakers shall from time to time cause to be painted on boards, or to be printed and attached to boards, in large and legible ■characters, a list of the several rates for the time being payable,(m) and shall cause such boards containing such lists to be fixed in front of the principal office of business of the undertakers, and on some conspicuous part of the quays of the harbour, dock, or pier ; and no rate shall be 147 Recovery of tonnage rates by distraint of snip and tackle. Recovery of rates on goods. Disputes con- cerning rates or charges occasioned by distress to be settled by a justice in JEngland or Ireland, and in Scotland by tbe sheriff. List of rates to be set up in large and legible characters. (m) As to the meaning of the expression '" trading in-wards " and " trading out- wards," where different rates are imposed on vessels coming under these descriptions respectively, see Mersey Docks and Har- low Board v. Henderson, 13 Ap. Ca. 595, a case decided on 21 & 22 Vict. c. xcii. B. 230 (Mersey, 1858). 148 CHAP. IV.— THE VOYAGE. Collector of customs may withhold a clearance to any vepsel payable during such time as such list is not so affixed, nor shall any rate not specified in such list be payable : Provided always, that if any such list be destroyed; injured, or obliterated, the rates shall continue payable during such time as may be reasonably required for the restoration or reparation of such Hst, in the same manner as if such list had continued affixed and in the state required by this Act. 48. The collector or other proper officer of Her Majesty's Customs for the district within which the harbour, dock, or pier is situate may, with the consent of the commissioners of Her Majesty's Customs, refuse to receive any entry or give any cocquet, discharge, or clearance, until the rates or to take any report inwards or outwards of any vessel liable to the paid. payment of any of the rates imposed by the special Act, until the master of such vessel produces to such collector or officer a certificate under the hand of the collector of rates, that the rates payable in respect of such vessel, and any goods imported or exported by such vessel, have been paid, or if there be any dispute as to the rates payable, until such collector or officer shall be satisfied that sufficient security has been given for the payment of such rates when ascertained, together with the expenses arising from the nonpayment thereof. § 228. The following sections impose upon masters certain duties when in harbour, and require conformity to the directions of harbour, dock, and pier masters. In this connection it may be useful to mention that neither master nor owners' are liable, in case of accident to third persons, for the consequences of conforming without negligence to the directions o£ an ofiRcer of the harbour whom they are bound by statute to obey ;(n) though it is otherwise where the accident is occasioned by the negligence of those in charge of the ship while so conforming, (o) And further, where damage is caused to the ship herself, with- out negligence of those in charge of her, through conformity to directions negligently or improperly given by a harbour officer whom they are bound to obey, the person who gave the directions will be liable to the shipowners for such damages. And (except in the case of a Queen's harbour) (p) the harbour authority will also be liable, (g') provided their officer was acting within the scope of his authority, as such,(r) and within the statutory powers of the harbour authority.(s) And on general principles, apart from any statutory duty of obedience, a wharfinger who invites a vessel to a berth, where owing to causes which are not apparent, and are unknown to those in charge of her, it is unfit for her to lie, is liable for damages occasioned to her by compliance with that invitation.(<) Master not liable for accident occasioned by enforced obedience to harbour authorities. Liability of harbour authorities for negligent directions of their servants (») The Bilbao, Lush. 149 ; and see § 632 infra. (o) The Cynthia, 2 P. D. 52 ; cp. The Bdgie, ib, 57, note. (p) Wright v. Lethbridge, 63 L. T. 572. (g) The Bhosina, 10 P. D. 24, 131 ; Eeney v. Magistrates of Kirkcudbright, (1892) A. C. 264. • (r) The Apollo, (1891) A. C. 499 (revg. 60 L. T. 112 ; 61 *. 286). (s) Shaw V. Timaru Harbow Board, 15 Ap. Ca. 429. (<) The Moorcoch, 13 P. D. 157 ; 14 ih. 64. Distiug. The Calliope, (1891) A. C. 11, where, however, the general principle is- affirmed, per Lord Halsbnry, C, at p. §§ 226-230.— MASTER'S DUTIES TO THE HARBOUR AUTHORITIES. Disregard of the orders of a harbour-master, who is by law empowered to give them, as to the navigation of a ship within his jurisdiction cannot be justified unless the da,nger of following them was fully obvious to those on board. Mere apprehension of danger is not sufficient.(w) The sections above-mentioned are as follows : — 53. The master of every vessel within the harbour or dock, or at or near the pier, or within the prescribed limits, if any, shall regulate such vessel according to the directions of the harbour master made in conformity with this and the special Act ; and any master of a vessel, who after notice of any such direction by the harbour master served upon him, shall not forthwith regulate such vessel according to such direction, shall be liable to a penalty not exceeding twenty pounds. 58. If the master of any vessel in or at the harbour, dock, or pier, or within the prescribed limits, if any, shall not moor, unmoor, place, or remove the same according to the directions of the harbour master, or if there be no person on board of any such vessel to attend to such directions, the harbour master may cause such vessel to be moored, unmoored, placed, or removed as he shall think fit, within or at the harbour, dock, or pier, or within the prescribed limits, and for that purpose the harbour master may cast off, unloose, or cut the rope, or unshackle or break the chain by which any such vessel is moored or fastened ; and all expenses attending the mooring, unmooring, placing, or removing of such vessel shall be paid to the undertakers by the master of such vessel : Provided always, that before the harbour master shall unloose or cut any rope or unshackle or break any chain by which any vessel, without any person on board to protect the same, shall be moored or fastened, he shall cause a sufficient number of persons to be put on board of such vessel for the protection of the same. 59. Before any vessel shall enter the harbour or dock or approach the pier the master thereof shall cause her to be dismantled as directed by the harbour master ; and if any vessel shall enter the harbour or dock or approach the pier without being dismantled in the manner required by the harbour master, after notice shall have been given to the master of such vessel so to dismantle the same, such master shall for every such offence be liable to a penalty not exceeding ten pounds. 60. Before any vessel shall enter into the dock the master of such vessel shall cause her sails to be lowered or furled ; and if the master of any vessel shall navigate the same under sail into or in the dock he shall for every such offence be liable to a penalty not exceeding ten pounds. 61. Every vessel in the harbour or dock or at or near the pier shall have substantial hawsers, tow-lines, and fasts fixed to the dolphins, booms, buoys, or mooring posts, when required by the harbour master ; and if any vessel shall be in the harbour or dock or at or near the pier without substantial hawsers, tow-lines, or fasts fixed as aforesaid, after notice from the harbour master to the master of such vessel to furnish or fix the same, such master shall for every such offence be liable to a penalty not exceeding ten pounds. 62. Every person other than the harbour master who shall wilfully cut, break, or destroy the mooring or fastening of any vessel lying in 149 Penalty on shipmasters not complying with directions of the harbour master. Harbour master may remove vessels within docks, &c. 13; Lord Watson, at Herschell, at p. 27. p. 23; and Lord {u) Beney y. Magistrates of Kirhmul- bright, (1892) A. C. 264. Vessels enter- ing harbour or dock to be dismantled as harbourmaster shall direct. Vessels tohave their sails lowered when entering and navigating dock. Vessels to have hawsers, &c., fixed to moorings. Penalty for wilfully cutting moorings. 150 CHAP. IV.— THE VOYAGE. Penalty on vessels lying near the entrance of harbour or dock without permission. Vessels maybe removed for the purpose of repairing har- bour or dock. Harbour master may remove such vessel if the master thereof neglect or refuse bo to do. Delivery of cargoes and placing of discharged Combustible matter on quays, &c., to be removed. the harbour or dock or at or near the pier shall for every such offence be liable to a penalty not exceeding five pounds. 63. As soon as the harbour or dock shall be so far completed as to- admit vessels to enter therein, no vessel, except with the permission of the harbour master, shall lie or be moored in the entrance of the harbour or dock, or within the prescribed limits ; and if the master of any vessel either place it or suffer it to remain in the entrance of the- harbour or dock, or within the prescribed limits, without such per- mission, and do not, on being required so to do by the harbour master,, forthwith proceed to remove such vessel, he shall be liable to a penalty not exceeding five pounds, and a further sum of twenty shillings for every hour that such vessel shall remain within the limits aforesaid, after a reasonable time for removing the same has expired after such, reqmsition. 64. "Whenever the undertakers shall deem it necessary, for the^ purpose of repairing, scouring, or cleansing the harbour, dock, or pier,, that any vessel lying therein or thereat shall be removed therefrom, the master of such vessel shall, within three days after notice in writing, signed by the harbour master, has been given to him, remove such vessel according to such notice ; and in case of his neglecting so- to do such master shall be liable to a penalty not exceeding ten pounds. 65. If the master of such vessel cannot be found, or if he neglect or refuse to remove the same, as required by the said notice, the harbour master may remove such vessel to such station as he shall select, and. the expenses of such removal shall be paid to the undertakers by the owner of the said vessel or the master thereof : Provided always, that previous to the repair of the harbour, dock, or pier which shall require the removal of the vessels therefrom, the harbour master shall give three days' notice of such repair and of the necessity for such removal to the collector and comptroller of the Customs of the district within which the harbour, dock, or pier is situate, or which shall be specified, for that purpose in the special Act, and cause a like notice to be affixed on some conspicuous part of such Custom House and of the^ office of the undertakers. § 229. And with respect to the discharging of vessels and th& removal of the goods, be it enacted as follows : 66. The master of every vessel which shall go into the harbour or dock for the purpose of being discharged of her cargo shall cause her to be so discharged as soon as conveniently may be after entering therein, and shall cause her, after being so discharged, to be removed, without loss of time into such part of the harbour or dock as shall be set apart for light vessels, and the harbour master shall cause a part of the harbour or dock to be set apart for light vessels accordingly ; and if the master of any such vessel shall not cause it to be so removed within twenty-four hours after being required so to do by notice in writing signed by the harbour master, he shall be liable to a penalty not exceeding ten pounds, and the harbour master may cause such vessel to be so removed, and the expenses of such removal shall be paid to the undertakers by the master of such vessel. § 230. And with respect to the protection of the harbour, dock and pier, and the vessels therein, from fire or other injury, be it enacted as follows : 69. Every person being the owner of or having the charge of any tar, pitch, resin, spirituous liquors, turpentine, oil, or other combustible thing which shall be upon any quay, dock, or wharf belonging to the. §§ 226-230.— MASTEE'S DUTIES TO THE HARBOUR AUTHORITIES. undertakers, or on the deck of any vessel within the harbour or dock, or at or near the pier, shall cause the same to be removed to a place of safety within two hours after being required so to do by notice in writing, signed by the harbour master, and if he fail so to do shall forfeit a sum not exceeding forty shillings for every hour such com- bustible thing shall remain in any such place as aforesaid after the expiration of two hours from the service of the said notice. 70. If any such combustible thing as aforesaid shall remain on any part of the quays or works connected with the harbour, dock, or pier, or on the deck of any vessel within the harbour or dock or at or near the pier after sunset, the owner or person having the charge of the same, or on his default the harbour master, at the expense of such owner, shall provide a suflELcient number of persons to guard the same from half an hour before sunset to half an hour after sunrise ; and such expense, if not paid by the said owner to the undertakers, on demand, shall be ascertained and recovered in the same manner as damages for the recovery of which no special provision is made are by this Act directed to be ascertained and recovered. 71. Every person who shall commit any of the acts following shall be deemed guilty of an offence, and shall for every such offence be liable to a penalty not exceeding ten pounds (that is to say) : 1. Every person who shall boil or heat any pitch, tar, resin, turpentine, oil, or other combustible matter in any vessel lying within the harbour or dock or near the pier, or in any place within the limits of the harbour, dock, or pier, except in such place and in such manner as shall be specially appointed by the undertakers for that purpose : 2. Every person who shall have or cause to be had any fire or lighted candle or lamp in any vessel within the harbour or dock, or at or near the pier, except with the permission of the harbour master : 3. Every person who shall have or cause to be had any fire, candle, or lamp Ughted within any of the docks or the works belonging to the same, except at such times and in such manner as shall be permitted by the byelaws of the undertakers : 4. Every person who shall bring any loaded gun on the quays or works of the harbour or dock or on the pier, or shall have or suffer to remain any loaded gun in any vessel in the harbour or dock or at or near the pier : 5. Every person who shall, without the permission of the under- takers, bring or suffer to remain any gunpowder on the quays or works of the harbour, or within the dock or on the pier, or in any vessel within the harbour or dock or at or near the pier. 72. The harbour master may enter into any vessel within the harbour or dock, or at or near the pier, to search for any fire or light .in or suspected to be in such vessel contrary to the provisions of this or the special Act, or of any byelaw made in pursuance thereof, and may extinguish the same ; and any person who shall obstruct the harbour master in the execution of such duty shall for every such offence be liable to a penalty not exceeding ten pounds. 73. Every person who shall throw or put any ballast, earth, ashes, ■stones, or other thing into the harbour or dock shall for every such offence be liable to a penalty not exceeding five pounds: Provided always, that nothing in this Act contained shall prejudice or prevent any person from adopting any measures which bvt for the passing ot 151 Combustibles to be guarded daring the night. Penalties against oifances l.erein named : Boiling or heating pitch, &c. Fires in vessels. Fires -within docks. Loaded guns. Gunpowder. Power to enter ship, and search for and extinguish fires or lights. Penalty for throwing ballast, &c., into harbour or dock. 152 Owner of vessel answer- able for damage to works. As to the recovery of amoant of damage to quays, &c. Owner may recover damage from his servants. CHAP. IV.— THE VOYAGE this Act he would be lawfully entitled to adopt for recovering any land which shall at any time have been lost to him, or severed from land belonging to him, by reason of the overflowing or washing of any navigable river, or for protecting his land from future loss or damage by the overflowing or washing of such navigable river.(a;) 74. The owner of every vessel or float of timber shall be answerable to. the undertakers for any damage done by such vessel or float of timber, or by any person employed about the same, to the harbour, dock, or pier, or the quays or works connected therewith, and the master or person having the charge of such vessel or float of timber through whose wilful act or negligence any such damage is done shall also be habie to make good the same ; and the undertaker may detain any such vessel or float of timber until sufficient security has been given for the amount of damage done by the same : Provided always, that nothing herein contained shall extend to impose any liability for any such damage upon the owner of any vessel where such vessel shall at the time when such damage is caused be in charge of a duly licensed pilot, whom such owner or master is bound by law to employ and put his vessel in charge of.(y) 75. If the amount claimed in respect of any such damage as afore- said do not exceed fifty pounds, such damage shall be ascertained, and the amount thereof shall, in England or Ireland, be recovered before two justices, and in Scotland before the sheriflT; and in addition to the remedies hereby provided for the recovery of the same, the justices or sheriff before whom the same are recovered may cause the vessel or float of timber causing such damage, and any tackle and furniture thereof, to be distrained and kept until the amount of damages and costs awarded by them is paid, and if the same be not paid within seven days after such distress or keeping, may cause the property so distrained or kept, or any part thereof, to be sold, and out of the proceeds of such sale may pay the amount of damages and costs awarded by such justices or sheriff, and all the charges incurred by the distress, keeping, and sale of such property. 76. If the owner of any vessel or float of timber make satisfaction for any such damage as aforesaid, wilfuUy or negligently done by the master or person having charge of such vessel or float of timber, or if the owner of any vessel or goods in any other case have been compelled to pay any penalty or costs by reason of any Act or omission of any other person, the person who actually did such damage or who com- mitted such offence shall repay to the owner of such vessel or such goods the amount of the damage or penalty and costs, together with the costs of the proceedings to enforce such repayment ; and if such damage or penalty respectively do not exceed fifty pounds the sum may, in England or Ireland, be recovered before two or more justices, and in Scotland before the sheriff. (a:) See also 54 Geo. 3, c. 153. (y) Under this section the owner and master of a ship doing damage to the piers or works of a harbour, were held not liable to make good damage caused by the ship being driven against the works after the crew had necessarily loft her under stress of weather, and without any negligence on their part ; Wear Com- missioners V. Adamson, 2 Ap. Ca. 743 ; 1 Q. B. D. 546. Dennis V. ToveU, L. K. 8 Q. B. 10. An earlier case, where the damage was done while the crew were on board, was overruled in the Court of Appeal (ubi svp.), but not expressly so in the House of Lords. The liability for damage to a pier in a foreign country is regulated by the law of that countiy. The M. Moxham, 1 P. D. 107 ; reve. 1 P. D. 43. §§ 231-234.— THE MASTER'S PROTEST. The Master's Protests. 153 § 231. On the arrival of the ship at her port of destination, "Protest "on and also when she is obliged, after any extraordinary accident or arrival in port. injury, to put into a port other than that of her destination, it is usual for the master to present himself at the office of a notary, and to cause an entry or note, called a " protest," to be made, and to sign it himself at such ofiBce. If made on the arrival of a ship at her port of destination, it its contents. should contain a narrative of the voyage, together with some particulars, such as the names of the ship, of the master, and of the port from which she came, the time of her departure, the nature of her cargo, and the date of her arrival ; and, when the master has been compelled to put into an intermediate port, the protest should describe in particular the storms, &c., encountered, the accidents which have occurred, the necessity which has com- pelled him to put into such intermediate port, and the conduct which, under emergency, he has thought proper to pursue.(2) It is also prudent, if the ship is not unloaded at the expiration Pretest of the lay days in the port of discharge, for the master to make fndischargf/g, or note a protest against the consignee, or other party receiving delivery of the cargo, giving him notice of the date of the ship's being ready to discharge; of the number of days allowed for un- loading, of the date of the expiration of those days, and of the fact that the ship then commences to lie on demurrage ; so as to fix with certainty the precise days, and so as to avoid future dispute as to these matters. Protests are also made by the or loading, master against the charterer of the ship, for not loading the ship pursuant to contract, or within reasonable or stipulated delays, and by the merchant against the master, for misconduct, for Protests drunkenness, &c., for not proceeding to sea with due despatch, for ^°alter. not signing bills of lading in the customary form, and for other irregularities, (a) § 232. The best mode of entering up these details, and one || Noting "and which is becoming general, is to have a printed book of registry, ^ protest!"^ containing the formal parts of such entries, with proper blanks, in which the above-mentioned particulars are to be supplied. The ceremony of entering is called " noting a protest " or " enter- ing a note of a protest." The protest is afterwards drawn up or " extended." There is no precise form generally adopted for a protest. It Form- varies exceedingly. It generally consists of two parts. The first is a statement or declaration of the facts and circumstances of (a) Abbott, 13th ed. 457 ; Brooke, Office (a) Abbott, 13th ed. 467. *f a Notary, Brd edition, 146. 154 When to te done. How dated. When noting has been delayed. Before whom. Duty to give information and join in protest. CHAP. IV.— THE VOYAGE. the voyage ; of the storms or bad weather which the ship may- have encountered, and of any accidents which may have occurred during the voyage ; and the second is the part in which the appearers or the notary, or both the appearers and the notary, protest against the accidents, or causes of the injury, and against all loss or damage occasioned thereby, and at the end or foot is an attestation or certificate under the hand and seal of the notary. The protest used formerly to be made on oath, but now that is no longer necessary. (&) Masters of ships consider that by usage the protest may be- noted at any time within forty-eight hours after arrival. It is^ however, much more frequently done on the day of arrival, or on the next day.(c) Although this is an important ceremony, yet the master ought not to leave his post, or neglect his duty in times of urgency, wreck, or danger, in order to perform it ; but should, under such circumstances, defer it until the first conve- nient opportunity, (c^) The protest must bear the true date when made, or it would, render all parties liable to grave suspicions. And in case of there being any good reason for the master having delayed to note his^ protest until after the usual time, it is customary to add to the- entry or noting, a short statement of the reason why the master did not enter a note of his protest sooner, so as to form part of his entry. («) If there should not happen to be a notary at the port into- which the ship has put, it is customary for the master of a British ship to note his protest before some person holding a public- situation or office, connected in some degree with the British Government, such as a magistrate, collector, or controller of customs, &c. And in such case he should keep a copy of the noting, and should request the official before whom it is made to- mark or certify it ; and if a protest is afterwards formally pre- pared, the master should mention the fact of such noting in the protest.(/) § 233. According to commercial usage, it is considered a part of the duty of the master and crew to give faithful information respecting the circumstances of the voyage, and to join in and make a true and impartial protest when required to do so, by the- shipowners, or any of the owners or consignees of the cargo ;. and it is said that a master who refuses to do so is so far guilty of a breach of duty as to render himself liable to an action for- (jb) Brooke, 149 ; see forms, pp. 219 et. seq. chap, xii ; 5 & 6 Will. 4, o. 62, s. 15. ' (c) Brooke'* Office of Notary, 3rd ed., p. 146. (d) Brooke, 147. (e) Brooke, 148. (/) Brooke, 147. §§ 231-234.— THE MASTER'S PROTESTS. ]^55 loss or inconvenience caused by sucli refusal. The expense of At expense of the protest, however, cannot be thrown on the master. If the Pj®"?j" requu- owners or consignees of the cargo require a protest, they must pay for it, or reimburse the shipowners or master.f^') § 234. Protests are often of great utility in this country, and Utility of especially in matters connected with the adjustment of losses in P™*^^'^- marine insurances and in the calculation of averages. They are received as evidence in foreign Courts, and even in this country credit is often given to their contents by merchants and under- writers, when they are free from all circumstances of suspicion. But with whatever formality the protest is drawn up, and however When protests important may be its uses in certain cases, it cannot be received evidence.'" in our Courts as evidence for the master or his owners, though it may be used as evidence against him or them.(7i.) He should Protests are therefore take care to supply from the log-book, from the recol- \gaimt lection of himself, his mate, or his most trustworthy seamen, master. correct and clear instructions for its preparation.(ii) (o) Brooke, 150. 159 ; The Betsy Oaines, 2 Hngg. 28 ; {%) Christian v. Coorabe, 2 Esn. 489 ; Phillips on Ins. 2095. see also Senat v. Porter, 7 T. R. at p. (i) Abbott, 13th ed. 457. ( 156 ) CHAPTER V. THE MASTER'S DUTIES AND POWERS WITH RESPECT TO THE CARGO. §§ 2Zh-2ZT .—Generally : As Agent of the Shipown&rs . 156 §§ 238-242. — ffmeTO%; as Agent of the Cargo-owners . 159 §§ 243-246.— Ora hehalf of all concerned . . .163 §§ 247-259. — £m Duties with respect to receiving, stowing, and taking care of the Cargo .... 164 §§ 260-264. — When he may sellit .... 174 §§ 265, 266.— W^m he should troMship as Agent of the Shipowner . . .178 § 267. — As Agent oj the Owners of the Ca/rgo . .180 §§ 2^9,-21 b.— Freight: what it is and when it is payable 181 §§ 276-279.— TFAere Freight so called is payable in ad- vance .... 187 §§ 280-282. —^ow much Freight is payable . .190 §§ 283 - 285. — Pro ratd Freight : what it is and when it is payable . .192 §§ 286-289.— rA« right to Freight as affected by capture . . . .194 §§ 290-297.— ^is Lien on the CoA'go : At Common Law, for Freight, Passage Money, and Average Con- tributions . . . .197 §§ 298-800. — % express Contract, for Bead Freight, Dem/wrrage, &c. . . 202 §§ 301-310.— rAa« Liens the Ovmer amd Master have . when the Ship is cha/rtered . 205 §§ 311-313.— 5ow the Lien may be lost or extinguished 212 §§ 314, 316.— When Master may sue in his own name for Freight and Demurrage . 213 §§ 316-318. — Re-delivery to Consignor . . .215 §§ 319-3-29,. — DeUvery at Port of Dischwrge . . 217 Master gene- rally agent of Bhipowner. Generally : — As Agent of the SJdpowner. § 235. With respect to the cargo, the master is primarily and generally the agent of the shipowner, to convey it safely to the place of its destination, in order to earn freight. In the ordinary state of things, he has nothing to do with the cargo, except to keep and convey it safely as such agent ; and he is equally with the shipowner responsible for its safety, (a) But, as (a) Mors v. Slue, 1 Vent. 238. §§ 235-237.— GBNEBALLY: AS AGENT OF THE SHIPOWNER. ^57 we shall see, circumstaiices may arise during the voyage which render it expedient and necessary that he should act for the owner of the cargo, and in such cases, as will be seen,(6) the wise policy of the law, founded upon the experience of many nations and many centuries, invests him with an implied authority from such owner to do so. As agent of the shipowners, the master is entrusted with the His duties as cargo for the purpose of conveying it safely to its destination. ^^'^^ agent. This purpose he is bound to accomplish by every reasonable and practicable method.(c) Accordingly, as such agent he is bound to receive the cargo, to stow it properly, to ventilate it when necessary, to take all possible care of it during the voyage. ((Q § 236. The master and shipowners being j)rimd facie common Extent of cai'riers of goods (e) for hire, are at common law, irrespectively '"^^*^.^?.™" of the terms of the contract of carriage, regarded as insurers the goods. against all loss or iniury occasioned to the goods delivered to ^ common ° J •' = _ carrier, them on freight by fire, robbery, even when effected by superior force, or any cause other than the act of God or the king's enemies,(/) or the natural deterioration or inherent vice of the goods themselves.(^) But their right to limit this liability by express contract is Usually usually exercised, both in the charter-party and in the bill of „™*fr= o'l^^^ ^ X tf cxprsso cxccp- lading, by a clause expressly saving them from liability for tions. certain specified perils, in some such form as this : — " The act of God, the king's enemies, fire and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, during the said voyage, always excepted."(A) And the master is not responsible for injury to the cargo caused by any of the risks covered by such exceptions, unless he, or some member of the crew in the course of his employment,('i) has been guilty of a want of reasonable skill, diligence, and care,(^) or of some breach of contract causing the losa.{l) {h) Infra §§ 238-242. L. E. 9 Ex. 388 ; see, however, per Cook- (c) OammeU v. SeweU, 3 H. & N. at p. burn, C.J., Nugent v. Smith, 1 C. P. D. 644 ; 5 ih. 728 ; Tronson v. Dent, 8 Moo. at p. 427. P. C. 419, 449 ; Assemradoni, die. (/) Forward v. Fittard, 1 T. E. 27 ; T. Steamship Bessie Morris Co., (1892) Barclay v. YOana, 3 Doug. 389. 1 Q. B. 671 ; 2 Q. B. 652. {g) Nugent v. Smith, 1 0. P. D. 423 ; {d) Abbott, 13th ed., 430 ; Parsons Sh. Blamer v. (?. W. E., L. E. 7 C. P. 655. 20. Per Willes, J., "That a duty to (A) As to the meaning and force of these take care of the goods generally exists words, see §§ 357-359 infra. cannot be doubted ; " Notma v. Sender- (i) See Story on Agency, 314 ; sw^a son, L. E. 7 Q. B. at p. 230. As to his § 89. duties of receiving, stowing, &c., the (h) Notara v. Henderson, L. E. 7 Q. cargo, see infra §§ 247-259. B. at p. 235 ; Dala v. Hall, 1 Wils. (e) Abbott, 13th ed., 468, 469 ; Smith's 281. , , Merc. Law, Bk. IH., c. 2 ; Ooggs v. (J,) As by carrying goods on deck Beimaird, \ S. L. C. 9th ed. 200, 215, without liberty to do so : Moyal Exchange and notes, 236 ; Mors v. Slue, 1 Vent. Shipping Co. v. Dixon, 12 Ap. Ca. 11 ; 238; Dale v. Eall, 1 Wils. 281 ; Story reported below, 33 W. E. 868 (sub. nom. on Bailments, 496 ; Laveroni v. Drury, Newall v. Moyal, &c.. Go.). 8 Ex. 166 ; lAver Alkali Go. v. Johnson, 158 When excep- tion in bill of lading does not protect master. Exception of master's negligence. Master's duty in case of damage to ship, . or cargo. CHAP, v.— THE MASTER'S DUTIES RESPECTING THE CARGO. But the exceptions in the contract of carriage do not, in the absence of an express stipulation, exempt either shipowner or master from the consequences of not using reasonable skill, diligence, and care ; but only from the absolute liability of a common carrier, so far as the excepted causes are concerned. Therefore, notwithstanding those exceptions, if it is proved that the injury was caused by the negligence or breach of contract of the owners or master, or of the persons employed by them in navigating the ship, they are liable, even when the exceptions cover the cause of injury, (m) In the absence of such proof, how- ever, the exceptions protect both master and owners from the consequences of all damage apparently caused by any of the ex- cepted perils, (to) A wider protection is often obtained by the addition to the list of exceptions of such words as " even when occasioned by the negligence of the pilots, master, mariners or other servants of the shipowners."(o) But the mere insertion of such words in a charter-party to which the master was not a party, or in a bill of lading given by some agent of the shipowner other than the master, would not, as it seems, protect him from liability for loss or injury caused to the goods by his own negligence.(^) § 237. The duty of the master in case of damage to the ship is to do all that can be done towards bringing the adventure to a successful termination ; to repair the ship, if there be reasonable prospect of doing so at an expense not ruinous, and to bring home the cargo and earn the freight, if possible.(2') He should not in any case, where any other course is possible, expose the cargo to risk by proceeding on the voyage with the ship in an unseaworthy condition. (r) And he may even in certain cases of necessity hypothecate the cargo or sell a part of it for the cost of repairs or supplies to the ship, or of obtaining her release in case of capture or arrest.(s) There are some cases where the master, as representing the shipowners and their interest, is bound to take active measures for the preservation of the cargo from loss or deterioration in case of accidents ; as, for instance, when a perishable cargo is so (m) See per Willes, J., Notara v. Hen- derson, L. R. 7 Q. B. at p. 235 ; OriU v. General Iron, &e., Co., L. R. 1 C. P. 600 ; L. R, 3 C. P. 476 ; Lloyd v. 8ame Co., 3 H. & 0. 284 ; Phillips v. Clarh, 2 C. B. N. S. 156 ; Czech, v. G. S. Nav. Co., L. R. 3 C. P. 17 ; Leuw v. Dudgeon, ib,, note ; Boyal Exchange Co. v. Diaxm, 12 Ap. Ca. 11. (n) Czech v. G. S. Nav. Co., L. R. 3 C. P. 17 ; Ohrloff v. Briscall, L. R. 1 P. C. 231, 240. (o) As in The Cressington, (1891) P. 152 ; and see Norman v. 25 Q. B. D. 475. (p)_ The meaning and effect of excep- tions in the contract of carriage is further discussed infra §§ 356-369 ; see also §§ 147, 148 sup. iq) Benson v. Chapman, 2 H. L. 696, 720 ; Asseourazioni, c&c, v. Steamship Bessie Morris Co., (1892), 1 Q. B. 571 : 2 Q. B. 652. (r) Worms v. Story, 11 Ex, 427. (s) See as to Hypothecation, Chap. IX. , infra; as to sale, §§ 412-417 infra. §§ 238-242.— GENERALLY : AS AGENT OF THE OWNERS OF CARGO. ;^ eg ■damaged by sea water that it cannot in its existing state be taken forward in specie to the port of discharge, so as to earn freight, but where it could, at an expense considerably less than the freight, be dried and carried on. In such case if it be for the interest of the shipowner to dry it, and if it can be done without delay,(;{) it is the duty of the master to do so.(tt) As Agent of the Owners of the Cargo. § 238. Sometimes the master is appointed supercargo, or WhenmaBter consignee of the cargo, in which case the rights and duties of ''IcomeB agent the latter character are superadded to his ordinary rights and cargo. duties.(a;) Apart from such appointment, the character of agent for the owners of the cargo is imposed upon the master by the necessity of the case, and by that alone. In the absence of such necessity, he has no right, without express authority, to assume to act as such agent. If, therefore, according to the circum- stances in which he is placed, communication can be had with the cargo-owners or their agents, and they can give their own orders, the character of agent is not imposed upon the master, because the necessity which creates it does not arise. And if it is reasonable to expect that he might obtain an answer within a Duty of master time not inconvenient, looking to the circumstances of the case, to "ommuni- it is his duty to communicate with the cargo-owners, or at least reasonably to attempt to do so, before assuming to act for \h.Qm.{y) The P°^^''''y- possibility of communicating must be construed by estimating the cost and risk incidental to the delay which will be caused by the attempt to do so, and the probability of failure after every exertion has been made. (2) § 239. In every contract to carry for freight there is an His duty when implied obligation on the part of the shipowner that, in the event ^^ cannot com- n -,. 1 . 1. - mumoate. of any disaster happening to the ship or cargo in a port where correspondence cannot be had with the freighter, the master shall act as agent for the freighter, and use the best efforts for the protection of his interests. The master must, in any such emergency, To act as put himself in the place of the owner of the cargo, and do what the o™Qe " '^^'^°' latter, as a prudent man, would himself do for his own interest, if he were present, and use all reasonable means to preserve and take care of the goods ;(a) always remembering that his primary (i) See infra § 240. (z) Per Sir W. Brie, The Karnak, L. (u) Notara v. Henderson, I,. E. 7 Q. B. R. 2 P. C. at p. 513. at p. 234 ; Mordy v. Jones, 4 B. & C. (a) Per Cockburn, C.J., Notara v. Hen- 394. derson, L. R. 5 Q. B. at p. 353 ; L. R. 7 [x) Story on Agency, § 86. Q. B. 225, Ex. Ch. ; Kidston v. Empire (y) Per Sir J. Coleridge, TheEawhurg, Ins. Co., L. R. 1 C. P. at p. 544. As to B. & L. 253, 274 ; The Oratitvdine, 3 C. the master's duty to a charterer who has Bob. at p. 257 ; Tlie Lizzie, L. E. 2 put up the ship as a, general ship, and is Ad. at p. 259 ; see also Phelps v. SUl, to receive freight on delivery of the cargo, (1891) 1 Q. B. 605. see Assecurazioni, &c., v. Steamship 160 CHAP, v.— THE MASTER'S DUTIES RESPECTING THE CARGO. The duties of maBter as agent for owners of cargo ; to check deterioration. Eight to recover dis- bursements from cargo- OTTiier. Under what circumstances master mnst take steps to preserye cargo from growing duty, as well to the freighter as to the shipowner, is to com- plete the voyage upon the terms agreed upon, unless such a course is either " physically impossible or so clearly unreasonable as to be impossible in a business point of view." And, so far as the ship herself is concerned, there is no such impossibility, if the expense of repairing her sufficiently to complete the voyage is not greater than her value when so repaired.(6) As representative of the shipowner, it is the master's duty to the owner of the cargo to take reasonable care of the goods entrusted to him, not merely by doing what is necessary to pre- serve them on board the ship during the ordinary incidents of the voyage, but also by taking active measures, where reasonably practicable under all the circumstances, to check and arrest the loss or deterioration resulting from accidents, for the necessary and immediate consequences of which the shipowner is not liable by reason of the exception in the bill of lading, (c) The duty, imposed by necessity, to act for the safety of the cargo in such manner as may be best under the circumstances, implies a correlative right to charge its owner with the expenses properly incurred in so domg.(d) And a shipowner or master who, through such circumstances, finds it necessary for the safety of the cargo to incur expenditure is justified in doing so, and can maintain a claim for reimbursement against the owner of the cargo. (e) He may also, in certain cases of necessity, hypothecate the cargo in order to raise the necessary expenses of its pre- servation. (/) § 240. In determining whether under the circumstances the master ought to have taken active special measures to preserve the cargo from growing damage by accident, a fair allowance must be made for the difficulties in which he was involved. The place, the season, the extent of the deterioration of the goods, the opportunity and means at hand, the interests of other persons con- cerned in the adventure, whom it might be unfair to delay for the sake of the part of the cargo in peril — ^in short, all circumstances affecting risk, trouble, delay, and inconvenience — must be taken into account. Nor ought it to be forgotten that the master has to exercise a discretionary power, and that his acts are not to be censured merely because of an unfortunate result, unless it can Bessie Morris Co., (1892) 1 Q. B. 571 ; 2 Q. B. 652. (6) Per Collins, J., Assecurazioni <&c., V. Steamship Bessie Morris Co., (1892) 1 Q. B. at p. 579 : (as to the last propo- sition, see S. C. in the C. A., 2 Q. B. 652 ;) per Lindley, J., SiU v. Wilson, 4 C. P. D. 329, 333, 334. (c) Notara v. Henderson, L. R. 5 Q. B. 346 ; 7 Q. B. 225. (d) Per the Judicial Committee, Cargo ex Argos, L. R. 5 P. 0. at p. 165, infra § 270 ; Notcura v. Eendersm, L. R. 7 Q, B. 225, 235. (e) PerKelly,C.B.andPollook,B., Cheat Northern B. Co. v. Swaffield, L. R. 9 Ex. at pp. 136, 138. If) See Hypothecation, Chap. IX. infra. 238^242.— GENERALLY : AS AGENT OF THE OWNERS OF CARGO. 161 be affirmatively made out that lie has been guilty of a breach of duty.(5^) He is not bound materially to delay his voyage, or to deviate, Not bound to to the prejudice of the shipowner, in order to put the cargo in a ^^'^y /"^ condition fit to be carried on. If, for example, a vessel ships a heavy sea, and the cargo is wetted and liable to be damaged, but the ship still remains in a fit condition to prosecute the voyage, the master would not be bound to put into the nearest port in order to tranship and dry the cargo. On the other hand, if a HisdutieB vessel is in a port of call or refuge, and by an insignificant delay, ^f^oru or* ^"* not amounting to a deviation, the goods might be carried on in a refuge with fit state, to their destination, it would seem to be his duty to wait cargof * for them.(/i) But he is not bound, after doing all that he reasonably can do during his stay there to improve the condition of the damaged cargo, and to mitigate the injury as far as possible, to wait till the cargo is fit to be carried on, if the voyage would be thereby unduly protracted. (A) In such a case, he must not take on the cargo when it is, from being damaged by sea-water or otherwise, in an unfit state to be carried on, merely for the purpose of earning freight, but must do the best that can be done with it, as cargo which he is obliged to leave behind, (i) Accordingly, if the ship meets with damage, and is obliged to put into a foreign port to repair, where the freighter cannot be consulted, and the cargo is wetted by sea-water, and is seriously and rapidly dete- riorating, and much of the accruing damage would be prevented if it were taken out and dried, but a far longer time would be required to do that than to effect the repairs, it is the duty of the master to provide, either for sending on the cargo when sufficiently dry by another ship, or for selling it on the spot, as may best serve the interests of the freighter. He would not be justified in taking the cargo on in its then condition, if any better course could be adopted,(A;) although, if he sells it, he will not be entitled even to 'pro raid freight. (Z) A fortiori, if the freighter is at the port into which the ship has put to repair, and proposes to receive the cargo there, and to pay freight pro raid, the master will not be justified in carrying it on in its then condition in order to earn his full freight.(m) In Notara v. SendersonAri) the plaintifis shipped beans on Notara v, Henderson. (g) Per Waies, J., L. R. 7 Q. B. at p. (h) Per Cookburn, C. J., L. R. 5 Q. B. 237. 355. As to when the master may sell (h) Per Cockburn, C. J., Mtara v. Sen- the cargo, see §§ 260-264 iv/ra. derson, L. R. 5 Q. B. at p. 354 ; and see {I) Vlierhoom v. Chapman, 13 M. & per Willes, J., L. R. 7 Q. B. 237 ; 2 "W. 230. See §§ 272, 285 infra Parsons, Sh. 22. (m) Notaara v.JBenderson,li. R.5 Q. B. (i) Notara v. Hendersm, L. R. 5 346, 356 ; 7 Q. B. 225. Q. B. 346, 354 ; 7 Q. B. 225. {») L. R. 5 Q. B. 346 ; 7 ib. 225. L 162 CHAP, v.— THE MASTER'S DUTIES RESPECTING THE CARGO. Master'sduties when in a port of call or refuge with damaged cargo. When voyage defeated by incapacity of the cargo. In case of collision, or irreck. board the defendant's ship, under a bill of lading, from Alexandria to Glasgow, with leave to call at intermediate ports, deliverable to plaintiffs' order on payment of freight by consignees. The ship called at Liverpool, and in going out met with a collision (a peril excepted in the bill of lading), and was obliged to put back for repairs, which detained her a few days. The beans were wetted by sea-water in consequence of the collision ; and the plaintiffs being at Liverpool, offered to receive them there, pay- ing freight pro raid; but the defendants' agent refused to deliver them without being paid full freight, and the beans were carried on to Glasgow ; and on their arrival they were much deteriorated in value, beyond what they would have been by the mere wetting by the collision, if they had been dried instead of being carried on as they were. The beans might have been removed at Liverpool from the ship to warehouses and spread out and dried, there being warehouse accommodation within half a mile of the dock in which the ship was, and by this means the de- composition would have been materially arrested or mitigated. The cost of unshipping, drying, and re-shipping would have been particular average payable by the shippers. It was held, that inasmuch as the facts showed that the beans might have been taken out and dried (which was clearly a proper thing to do on behalf of the owners) and then re-shipped, without unreasonably delaying the whole adventure, it was therefore the duty of the master to have done so, and that consequently the defendants were liable. § 241. If the voyage is defeated, and cannot be completed by reason of the incapacity of the cargo, the master should do that which a wise and prudent man would think most conducive to the benefit of all concerned, and if he takes measures for the preservation, of the goods, and for the conveyance of them back to their owner, he is entitled to the return freight and incidental expenses, (o) § 242. It seems that in case of gpllision in or near a foreign port, whereby damage is done to the cargo, the master has authority to institute an action in rem in the foreign port on behalf of the cargo-owners against the vessel which collided with him.(p) In case of wreck he ought, if possible, to preserve the most valuable goods first, and by attention and presence of mind endeavour to lessen the evil, and save, or help to save, as much as possible.(2') (o) The Cargo ex Argos, L. E. 4 Adm. 13, 28 ; 5 P. C. 134, 155 ; infra § 270. (p) Per Butt, J., The SeMecJc, 60 L. T. 209. (q) Per Willes, J., Notara v. Hender- son, L. R. 7 Q. B. at p. 233 ; B. M. 8. Packet Co. v. English Banh of Rio, 1& Q. B. D. 362, 375, per Wills, J. §§ 243-246.— ON BEHALF OF ALL CONCERNED. ]^g3 On Behalf of all Concerned. § 243. In case of imminent danger, and where the safety of Duty to the adventure requires it, it may become the duty of the master tjfgkl"°°' to " jettison " or throw overboard parts of the cargo, or to cut cargo. and cast away masts, spars, rigging, or other furniture of the ship. He may select what articles he pleases ; he may determine what quantity — a fourth, a moiety, three-fourths — nay, in cases of extreme necessity, when the lives of the crew cannot otherwise be saved, he may throw overboard the whole cargo. The exercise of this power cannot, however, be justified except in cases of extreme danger : nothing short of that will do. The mere convenience of better sailing, or more commodious stowage, will not justify his throwing overboard the smallest part :(r) but when there is danger of a total loss of the common adventure, so imminent and conclusive as in the view of a judicious and skilled mariner to admit of but one alternative, and that a sacrifice, it is not only justifiable, but the duty of the master, as agent for all, to make it.(s) Where the occasion admits of his doing so, the master will naturally consult his officers and men as to the necessity of making the jettison ; but this rule of consulting the crew is rather founded in prudence, in order to avoid disputes, than in necessity.(<) § 244. In case of jettison, or other voluntary sacrifice, properly General made,('M) of the property of one or more of the parties to the *^^^*Ke adventure for the benefit of all, the loss so occasioned is called a " general average " loss or sacrifice, and is subsequently apportioned by a contribution called an " average contribution," or a " con- tribution in general average," assessed upon what is saved of ship, cargo, and freight.(a;) § 245. It has been said by a high authority (y) that in Whose agent jettisoning cargo, under circumstances constituting the act a |n jettisoning ? general average sacrifice, the master acts as the agent of the cargo-owner. If so, by parity of reasoning, in cutting away masts or rigging, under such circumstances he acts as agent of the shipowner. In view, however, of the principle that a general average contribution can only be claimed where a sacrifice has been voluntarily made, or expense incurred, for the common protection against a common peril, it is suggested that in each (r) Per Lord Stowell, The Oratitudine, and her owners alone are interested in 3 C. Rob. at p. 258. ship and chartered freight, there can be («) Maclaohlan's Amonld, 6th ed. 847. no general average loss or sacrifice, with (i) Per Lord Kenyon, C.J., Bwhley v. -which to charge underwriters of a policy Presgrave, 1 East, at p. 228 ; Phillips, on the freight : The Brigella, 9 T. h. E. 1279 399 (u) See §§ 295 etseq. infra. {y) Burton v. English, 12 Q. B. D. 220, (x) Phillips, 1279. Where a ship is per Brett, M.E. proceeding in ballast to her loading port, 164 CHAP, v.— THE MASTER'S DUTIES RESPECTING THE CARGO. Putting into Ballaiit. act of jettison the master really acts as the agent, ex necessitate, of all concerned. (s) The question is not perhaps of importance, except for purposes of classification. § 246. We have seen above (a) that in case of necessity it port to reat or ^ become the duty of the master, in the interest of all con- recruit. ■' •' » , . i • j cerned, to put back or into a port out of his usual course m order to refit or recruit. The expense of so doing will in general be charged to general average.(6) The Master's Duties with respect to the Receiving and Stowing the Cargo. § 247. Before taking any cargo on board, it is the duty of the master to see that his ship is properly ballasted.(c) He may take merchandise as ballast, provided it occupies no more space than ballast would.(<^) If he has no water ballast tanks or permanent iron ballast, he should obtain stone ballast, where it can be obtained, rather than sand ballast. The latter ought never to be taken where stone ballast or similar ballast can be obtained ; and where the master is compelled to take sand ballast, it is his duty to use every possible means to prevent its entering into the pumps and choking or injuring them.(e) A breach of duty in this respect may endanger his certificate. In the Golden Sea,{f) it was proved that the master had authority to provide ballast without restriction as to price, but nevertheless took improper ballast, whereby the pumps were choked and the ship foundered. His certificate was suspended for three months. It is also the duty of the master to see that his ship is fur- nished with proper and sufficient dunnagejl^) and that she is in a fit state to receive and carry her cargo ;(A,) and he must be pre- pared with the ropes, tackle, and all such things as are necessary for properly and safely shipping the goods and stowing them on board, (i) § 248. We have already seen,(A) that where by the terms of The master's duty to pro- vide ballast, dunnage, ropes, &c. . (z) See per Brett, L. J., Whitecross Wire Co. v. SaviU, 8 Q. B. D. at p. 663 ; Carver, § 15 ; per Lord Kenyon, C. J., and Lawrence, J., 1 East, at p. 228. ia\ §§ 208, 209. (b) See Svendsen v. Wallace, 10 Ap. Ca. 404 ; 13 Q. B. D. 69 ; Atwood v. Sellar, 4 Q. B. D. 342 ; 5 ib. 286 ; infra §297. (c) Per Blackburn, J., Southampton, &c., Co. v. Clarke, L. R. 6 Ex. at p. 57. {d) Towse V. Henderson, 4 Ex. 890 ; see also § 257 infra. (e) See Lee's Manual, p. 27. m 7 P. D. 194. (g) Dunnage is loose wood or other matters placed against the sides and bottom of the hold, and above the ballast. to save the cargo from the effects of leakage, Abbott, 13th ed. 391 ; 2 Parsons Sh. 1. It seems to be the common prac- tice that there should be at least six inches in the bottom and nine in the bilges, and that where the cargo is in bags, there should, in addition, he matting all the way up the sides, Lee's Manual, p. 28. If the cargo is damaged from the want of dunnage, the shipowner is liable. {h) Cp. Canada Shipping Co. v. British Sliipowners' , &e. Assn., 22 Q. B. D. 727 ; 23 ih. 342 ; where cargo was damaged through the ship being tainted with creo- sote. (i) Abbott, IBth ed. 391. {It) Supra % 158. §§ 247-259.— EECEIVING AND STOWING THE CAEGO. i gr a charter-party, the ship is to proceed to a named port, and there when master load a cargo from the agents of the freighter, the latter are en- ^'"'."W S'ts titled to notice from the master of the time when the outward ship is ready, cargo, if any, is discharged, and the ship is ready to load. If by reason of such notice not being given, the freighter's agents have no fair means of knowing that the ship is ready, and therefore cannot load her, he is not liable for not providing a cargo,(Z) § 249. As the cargo is received on board, the master should His manifest begin, if engaged in the foreign trade, to fill up his manifest, and ^^^^S"- if in the home trade, to keep his cargo-book, each of which should contain an accurate description of the goods shipped, the marks, the packages and their contents, and the names of the shippers and of the consignees, and if there is anything improper in the appearance of any package, a record of such fact also ; (m) it being remembered that the receipt of the goods by the master, RespoDsibih'ty either on board the ship, or at a wharf or quay near the ship, for °? receipt of the purpose of carriage therein, or by any person, whether the master or some other agent, authorized by the shipowner or mate so to receive them, or appearing to have this authority by the assent of the shipowners or master, binds the ship to the safe carriage and delivery of the goods,(?i) unless prevented by perils excepted in the contract.(o) The manner of taking goods on board and the commencement Manner of of the master's duty in this respect, depend on the custom of the *ating goods particular place, unless that be excluded by express stipulation in the charter-party, (jp) Where the usage of the wharf is to deliver goods lying there to the mate of the ship by which they are to be carried, the master and not the wharfinger is liable, if, after they have been so delivered, and before they are shipped, they are lost from the wharf, (g-) It is usual for the mate or person in charge of the loading Mate's receipt. to sign receipts for the goods at the time of shipment, and deliver them to the shipper. These are afterwards exchanged for Bills of Lading, (r) § 250. In the absence of custom or agreement to the contrary. Master's duty it is the duty of the master, on the part of the shipowner, to gj^^"®^^^ ^""^ receive and properly stow on board the goods to be carried, so that they be not injured, either by being taken on board, or by the motion or leakage of the ship.(s) For any damage to the goods (I) Fairhridge v. Pace, 1 Car. & K. {p) Per Willes, J., Blaikie v. 8tem- 317 ; Stanton v. Austin, L. E. 7 0. P. hridge, 6 C. B. N. S. at p. 907 ; Gobhan 651 ; per Brett, M.E., Nelson v. Dahl, v. Downe, ubi svp. 12 Ch. D. 581-583. (q) Cobban v. Doione, 5 Bsp. 41. (m) Lee's Manual, 29. (r) See § 330 infra. (n) 1 Parsons on Shipping, 183; Cobban (s) Sandeman v. Scurr, L. E. 2 Q. B. V. Downe, 5 Esp. 41 ; Cooke v. Wilson, 86 ; Blaikie v. Stembridge, 6 C. B. N. S. 1 C. B. N. S. 153 ; Abbott, 13th ed. 390. 894. (o) See Pyman v. Burt, 1 C. & E. 207. 166 Consequences of negligence. Master not liable for wilful injuiies by mate or Improper stowage as affecting policies of insurance. Stowage on deck, primd facie improper. As affecting general CHAP, v.— THE MASTER'S DUTIES EESPECTING THE CAEGO. occasioned by negligence in the performance of such duty, the master and shipowners are liable to the shipper, (i) If the dam- age result from the misconduct of the master, he is answerable to the shipowners, and also directly to the shipper ; but if from the misconduct or negligence of the mate or crew without any fault of the master, it would seem that the master is not liable to the shipowners, but only to the shipperB.(M) And, inasmuch as a principal is not liable for the torts or injuries or negligences of his agents, in any matters beyond the scope of the agency, unless he has expressly authorized such torts, injuries, or negligences, or subsequently adopted them for his own use or benefit •,{x) so neither the master, nor the owner, is responsible for wilful injuries, or trespasses, which are done by the persons employed by him, and which were not acts ordered by the master or done in the course of the duty which such persons were employed to perform, (y) We have seen above that the stowage must be such as to render the vessel seaworthy for the voyage she is to undertake, since otherwise the policies of insurance will be avoided \(z) but although the master has general authority from the shipowner to stow the cargo, he has no implied authority to load it so as to violate a statute. Such an act of the master is not one to which the shipowner must be presumed to have assented, nor will it effect his insurances.(a) § 251. Primd facie, the deck is an improper place for the stowage of cargo. If such stowage increases the danger of the ship or of the part of the cargo so stowed, it is an improper stowage. But if a particular mode of stowage be conformable to the established usage of trade, it may not be improper, although another mode may be safer.(J) And in the absence of consent or of a custom to the contrary, the carriage of goods on deck is a breach of the contract with the shipper, rendering the shipowner and master liable in case of loss or damage consequent thereon, even when occasioned by an excepted peril, (c) Because goods carried on deck are primd facie not in their proper place, and impede the proper navigation of the ship, it is a general rule, that deck lading gives no claim to general (t) See Mayn v. GuUiford, 4 C. P. D. 182. (u) Per Willes, J., 6 C. B. N. S. 907 ; Ooff V. Clinkard, cited 1 Wils. 282. fa;) Story on Agency, 456 ; Cfroft v. Alison, 4 B. & Aid., 590. (y) Story on Agency, 318 ; Boweher v. Noidetrom, 1 Taunt. 568. («) fSupra §§ 96, 97, 105. (a) Wilton V. Batikin, L. R. 1 Q. B. 162 ; sup. § 97 ; Canard v. Eyde, E. B. & E. 670. (b) QovM V. Oliver, 4 B. N. C. 134 ; 2 M. & G. 208, 236 ; and see Danietts v. Harris, L. R. 10 C. P. 1. (c) Boyal Exchange Shipping Co. v. Dixon, 12 Ap. Ca. 11; (in C. A. 33 W. E. 868, sub. tit. Newell v. BoycA Ex- change, &c. Co.); Gould v. dliver, 4 B. N. C. 134 ; 2 M. & a 208. §§ 247-259.— EECEIVING AND STOWING THE CARGO. i g^ average. ((?) And this rule is not affected in the case of a general ship by the owner of the deck cargo having consented to its being carried on deck, unless the other cargo-owners have consented also.(e) But an exception to this general rule may be created by custom, as where it is the custom in a particular trade to carry part of the cargo, or articles of a certain character on deck ; as for example in the coasting trade. For by the custom, the deck becomes a proper place for the goods. In such cases, deck-lading would give occasion to general average.(/) And in the case of a ship chartered for the carriage of an entire cargo, which is by agreement to be carried on deck, if deck goods are jettisoned the shipowner will be liable to make contribution to the charterer.(^) And the result is the same even where the deck cargo is expressed to be carried at merchant's risk, provided the jettison be a proper one. (A) The law in the United States is stated to be that, in general, in the if goods carried on deck are thrown overboard, no contribution ^"*fiy sea, §§ 156, 157. (x) Sandeman v. Scurr, L. E. 2 Q. B.86. (y) L. E. 2 Q. B. at p. 98. §§ 247-259.— EECEIVING AND STOWING THE CARGO. jj^j^ shipowners or master, on an allegation that the damage arose shipowners from bad stowage, to prove that the original stowage was good, ""^ ™*?*^y or, at all events, that the damage arose from some cause for liable tor which they are not responsible.(2) And, primd facie, where i^a"sfowa''e goods have been injured by reason of bad stowage, the shipowners and the master are liable to the shipper, without proof of personal negligence ;(a) unless it appear that the shipper assented to the manner in which his goods were stowed ;(&) or that the shipper knew, and the shipowners and master did not know, and could not reasonably be expected to know, the nature of the goods and their liability to injury from the way in which they were stowed J (c) or that they were so stowed by the shipper's own stevedore, without any interference on the part of the master ;((?) or that the injury complained of is excepted by the terms of the contract of carriage. (e) § 257. When a merchant charters a ship under contract to AfuUancl provide a full and complete cargo, he is bound to load a full j^S^^^ cargo, although the ship is larger than she is represented to be in the charter-party, provided such excess is not unreasonable.(/) On the other hand, he is not entitled to fill the cabin or to carry passengers, (^) or to load the deck with goods, unless there is a stipulation or usage to the contrary, but only to occupy the What parte of usual and proper place for stowing cargo ; and if he does load jgrer may fill." the cabin, he is bound to pay a fair and reasonable rate of freight, or the current rate of freight at the time of loading, if that is higher than the chartered freight.(A) In a case (i) where the merchant had agreed to load a full and complete cargo of sugar in bags or hogsheads, and having provided a number of both bags and hogsheads, with which the master had filled the holds, tendered more hogsheads to complete the cargo, it was held that the master was not entitled to insist on receiving more bags, to enable him to fill the alley-ways and lazarette, the hogsheads being too large to be stowed there. And an action against the charterer, for not loading a full cargo, failed. An opinion was further intimated, that under the charter-party in question, which was in the ordinary form, there was no obliga- (z) The Alexandra, 14 L. T. N. S. (d) Blmhie v. Stembridge, 6 C. B. N. S. 742 ; Norman v. Binnington, 25 Q. B. D. 894 ; Swainston v. Garrick, 2 L. J. Ex. 475. 255. ; (o) Swainston v. Garrick, 2 L. J., Ex. (e) Ohrloff v. Briseall, L. E. 1 P. C. 256 ; per Lord Campbell, Brass v. Mait- 231. land, 6 E. & B. at p. 483 ; Gillespie v. (/) Thomas v. Clarke, 2 Stark. 452 ; Thonmson, ibid., 477 n. ; Hayn v. OuUi- Hunter v. Fry, 2 B. & Aid. 421 ; Barker fwd, 8 C. P. D. 410 ; 4 *. 182. v. Windk, 6 E. & B. 675. (6) Major v. White, 7 C. & P. 41 ; {g) Shaw, SavUl & Co. v. Aitken, 1 C. noviU V. Stevenson, 4 C. & P. 469 ; and & E. 195. see MackiU v. Wright, 14 Ap. Ca. 106. (A) Mitcheson v. Nicol, 7 Ex. 929 ; (c) Hutchinson v. Guion, 5 C. B. N. S. Neill v.Bidley, 9 Ex. 677. 149 ; Ohrloff y. Briseall, L. K. 1 P. 0. 231. [i) Mirness v. Tennant, 66 L. T. 635. 172 CHAP, v.— THE MASTBE'S DUTIES EESPECTING THE CARGO. Guarantee of carrying capacity. Master may take goods as ballast. How much cargo master may take on board. Statutory load-line. No prohibited or contraband goods. tion, either on the merchant to tender, or on the master to receive, a cargo for stowage in the lazarette. The obligation to load a fall and complete cargo is often qualified by such words as "of about so many tons." In this case the charterer's liability is to load a cargo not exceeding the named quantity by more than a percentage, the amount o£ which is to be ascertained as a question of fact.(A) A corresponding undertakLag is frequently given by the ship- owner, guaranteeing the ship's carrying capacity at a certain figure. Such an undertaking does not in general mean that the shij) can carry the specified quantity of the cargo which the charterer is entitled to tender, but merely warrants her carrying capacity in dead weight, or in cubic feet, as the case may be -,(1) but it may be otherwise where the precise nature of the con- templated cargo is mutually understood at the date of the undertaking . (m) When a ship is chartered, a shipowner or master may take on board merchandise for freight as ballast, provided it occupies no larger space than the ballast would have done, leaving to the charterer the full capacity of the vessel to be filled with his goods.(TO) And if passengers are carried, the master is entitled, in the absence of a stipulation in the charter-party, to receive the freight thereby earned, on behalf of the shipowners. (o) It is the duty of the master to take care that more goods are not taken on board than the ship can conveniently and safely carry, leaving room for her own furniture and the provisions of the crew, and for the proper working of the vessel,(^) re- membering that improper or excessive loading may amount to unseaworthiness, causing forfeiture of insurances.(2') He must also comply with the enactments for the prevention of over- loading, and not allow her to be so loaded as to submerge in salt water her statutory load line,(r) otherwise, as we have seen, he will render himself liable to a penalty of £100. It is his duty also to comply with the revenue laws in force at the port of loading, and see that no prohibited or con- traband goods are taken on board, whereby the ship and other parts of the cargo may become liable to forfeiture or detention, (s) § 258. If goods of a dangerous or destructive nature are (Jt) Three per cent, was allowed in Morris v. Levison, 1 0. P. D. 155 ; ten per cent, in Alcoch v. Leeuw, 1 C & E. 98 (petroleum in barrels). (Z) Carnegie v. Connor, 24 Q. B. D. 45; MachUlv. Wright, 14 Ap. Ca. 106, per Lord Halsbury, C, at p. 114 (not cited in the preceding case). (to) Per Lord Watson, 14 Ap. Ca. at p. 116 ; per Lord Macnaghten, at p. 120 ; per Lord Halsbury, C, ubi aup. (m) Towse v. Henderson, 4 Ex. 890 ; see § 247 sup. (o) Shaw, SaviU & Co. v. Aifken, 1 C. & B. 195. (p) Abbott, 13th ed. 391. (q) Supra § 138. (r) 39 & 40 Vict. c. 80, as. 25-28 ; 53 Vict. c. 9 ; mpra §§ 111, 112. (s) Abbott, 13th ed. 391 ; and see as to smuggling, Havelock v. MandU, 3 T. R.' 277 ; as to contraband, The Sarah Chris- 247-259.— EECEIVING AND STOWING THE CARGO. 173 delivered to a shipowner or master to be carried, and are so Shipper's duty, packed as to conceal their real character ; or if such eoods are '/ ^® ^'^'P^ J ,. , . , . _ , ,° dangerous deliverea to a shipowner or master, and they cannot be reason- goods. ably expected to know by inspection that the goods are of such Consequences dangerous and destructive nature, it is the duty of the shipper to ^ot gTvmg^ give due notice of the nature of the goods to the shipowner or notice of those employed by him, and if he does not give such notice, and dangerous damage is caused to other parts of the cargo or otherwise, by goods. reason of the dangerous nature of the goods, or the insuflBcient nature of their packing, the shipper is liable to the shipowner for the damage caused by the dangerous nature of the good8.(<) But there is no warranty on the part of the shipper that the goods are fit to be carried on the voyage, at least where their quality is as much known to the shipowner or his agents as to the shipper, (m) The Merchant Shipping Act, 1873,(v) contains some most Restrictions on important provisions to protect masters and shipowners from dangerous having dangerous goods handed to them for shipment or carriage goods, without due notice of their dangerous nature, and to enable masters or owners to refuse to take on board packages or parcels which they suspect to contain goods of a dangerous nature, and to throw them overboard if sent aboard without notice. Section 23 imposes a maximum penalty of £100 on persons sending, carrying, or attempting to send or carry in any vessel any dangerous goods, including aqua-fortis, vitriol, naphtha, benzine and petroleum, and explosives,(a;) without marking their nature on the outside of the packages, and giving written notice of the nature of the goods, and the sender's or carrier's name and address, to the master or owner of the vessel ; with a proviso limiting the penalty to £10 in the case of an innocent agent. Section 24 imposes a maximum penalty of £500 on persons committing the like offence under a false description of the goods or of the sender or carrier thereof. And sections 27 and 28 empower any Court having Admiralty jurisdiction to declare Una, 1 C. Rob. 237, 242 ; The Staadt s. 42). These are defined by s. 3 to Embden, 1 C. Rob. 26, 30 ; The Neptwnus, mean gunpowder, nitro-glyoerine, dyna- 6 C. Rob. 403, 408. See also the Customs mite, gun-cotton, blasting powders, fulmi- Acts, 39 & 40 Vict. c. 36, ss. 169 etseq. ; nate of mercury or other metals, coloured 50 & 61 Vict. c. 7 ; 53 & 54 Vict. c. 56 ; fires, and every other substance, whether infra, Chap. XVII. similar to those above mentioned or not, (<) Brass v. Maitland, 6 EI. & BI. used or manufactured with a view to 470 ; Hutchinson v. Guion, 5 C. B. N. S. produce a practical effect by explosion, or 149 ; op. Alston v. Herring, 11 Ex. 822 ; a pyrotechnic effect, and to include fog Williams v. The Bast India Co., 3 East, signals, fireworks, fuzes, rockets, perous- 192. sion cape, detonators, cartridges, ammu- (u) Acatos V. Burns, 3 Ex. D. 282. nition of all descriptions and every (v) 36 & 37 Vict. c. 85. adaptation or preparation of an explosive (a;) These provisions, and sect. 29 of the as above defined. The list has been Passengers Act, 1855, now apply to every extended by Order iq Counci , under s. explosive within the meaning of the 104 (Dec. 29th. 1881), to include picric Explosives Act, 1875 (38 Vict. c. 17, acid, unless wholly m solution. 174 Forfeiture. Power to refuse to carry goods suspected of being dangerous. Power to throw over- board dan- gerous goods. In passenger ships. CHAP, v.— THE MASTER'S DUTIES RESPECTING THE CARGO. goods sent ia contravention of tlie foregoing sections forfeited. Sections 25 and 26 enact as follows: 25. The master or owner of any vessel, British or foreign, may- refuse to take on board any package or parcel which he suspects to contain goods of a dangerous nature, and may require it to be opened to ascertain the fact. 26. Where any dangerous goods as defined in this Act, or any goods which, in the judgment of the master or owner of the vessel, are of a dangerous nature, have been sent or brought aboard any vessel, British or foreign, without being marked as aforesaid, or without such notice having been given as aforesaid, the master or owner of the vessel may cause such goods to be thrown overboard, together with any package or receptacle in which they are contained ; and neither the master nor the owner of the vessel shall, in respect of such throwing overboard, be subject to any liability, civil or criminal, in any court. By section 29 of the Passengers Act, 1855,(2/) torses, cattle, and certain other dangerous goods, including explosives, are forbidden to be carried in " passenger ships." The carriage of military stores in such ships may, however, be authorized by a Secretary of State.(«) Grain cargoes. § 259. In the case of grain cargo all necessary and reason- able precautions must be taken to prevent its shifting ; otherwise the master, and any agent of the owner charged with the loading, and the owner himself, unless he shows that he took all reason- able means to enforce the observance of the law, and was not privy to the breach thereof, becomes liable to a maximum penalty of £300. (a) Special precautions are prescribed as reasonable and necessary in the Mediterranean, Black Sea, and North American grain trades, subject to modification by the Board of Trade. (6) And in those trades the master is required before sailing to deliver to the British consular officer, or officer of Customs, a notice containing certain particulars, under a maximum penalty of £100 for failure or false statement. (e) Special provisions have also been made with respect to the shipment and carriage of cattle, by Order in Council under the Contagious Diseases (Animals) Act, 1878.(cc) Cattle. When master may sell the goods. Wlien the Master may sell the Cargo, or -part of it. § 260. We have seen {d) that in certain cases the master may hypothecate the cargo for the purpose of obtaining the means necessary for the prosecution of the adventure. He may even go further. In case of extreme necessity, when every other ex- («) 18 & 19 Vict. 0. 119 ; wfra % 609. [flS 33 & 34 Vict. c. 95, s. 3. (a) 43 & 44 Vict. o. 43. a. 3. (6) lUd. ss.4,5. These provisions will be found in the Appendix (No. 5) ; and see The. Bothbury, 13 P. D. 119. (c) Ibid., ss. 6, 7 ; supra § 114. (ec) 41 & 42 Vict. c. 74 ; Animals Order, 1886, c. 24 : Appx. No. 2. [d) Supra § 237 ; as to when this may be done, see §§ 445-452 infra. §§ 260-264.— WHEN HE MAY SELL IT, OR PART OF IT. j^g pedient has failed, and every other resource is hopeless ; when it is directly or indirectly for the interest of the owner of the goods ; and when he cannot communicate with such owner, the law confers upon the master an implied authority to do what is best for the interest of the absent owner, and if necessary to sell a part or the whole of the goods.(e) To justify his thus dealing with the goods, he must establish, first, a necessity for the sale ; and secondly, an inability to communicate with the owner and to obtain his directions. Under these conditions, the law makes the master the agent of the owners of the goods, and confers upon him the power and the obligation of acting for them.(/) But in no case, where it is not absolutely necessary for the interests of the goods owner, is there any implied authority in the master of an English ship to sell. A sale by him under any other circumstances is simply wrongful,(^) rendering him and his owners, if he is acting Sojk^ fide and in the course of his duty to them, liable in an action at the suit of the goods owner for the value of the goods sold.(7i) " Suppose," says Lord Stowell, " the case of a ship driven "Where cargo into port with a perishable cargo, where the master could J^old ,^Q^g"lJ°|j,^° no correspondence with the proprietor ; suppose the vessel unable to proceed, or to stand in need of repairs to enable her to proceed in time. In such emergencies, the authority of agent of the owners of the cargo is necessarily devolved upon him, unless it could be supposed to be the policy of the law, that the cargo should be left to perish without care He must in such case exercise his judgment, whether it would be better to trans- ship the cargo, if he has the means, or to sell it He is not absolutely bound to tranship ; he may not have the means of transhipment; but even if he has, he may act for the best in deciding to sell. If he had not the means of transhipping, he is under an obligation to sell, unless it could be said that he is under an obligation to let the cargo perish ."(i) The same principles apply, if the cargo, though not of a perish- Where, though able nature, is likely to be destroyed in a foreign port by jitely to be exposure through want of accommodation for storing it.(^") destroyed by Where, for instance, goods, such as wool, which have no value foreiguport. but as an article of commerce, have been damaged by sea-water (e) The. Oratitvdine, 3 C. Rob. at p. by the law of the flag. TheAiigmt,{l%n) 259 ; Vlierboom v. Chapman, 13 M. & W. P. 328. 280, 239. (h) Ewharik v. Nutting, 7 C. B. 797 ; (/) TIis Australasian, &e., Go.y. Morse, Tronson v. Dent, 8 Moo. P. C. 419 ; L. B. 4 P. C. 222 ; and see Acatos v. Oannan v. Meabv/rn, 1 Bing. 243. Bwrm, 3 Ex. D. 282. (i) 3 C. Rob. 259. See also Acatos v. {g) Van Omeron v. Dowielc, 2 Camp. Sums, 3 Ex. D. 282 ; Boux v. Salvador, 42 ; Acatos v. Burns, uU sup.; Atlantic 3 B. N. C. 266 ; Notara v. Henderson, Mutual Ins. Co. v. Ruth, 16 Ch. D. 474. L. R. 5 Q. B. at p. 353 ; 7 Q. B. 225. Where the goods are carried in a foreign (k) Maclachlan, 4th ed. 162. ship, the legality of their sale is governed 176 CHAP, v.— THE MASTER'S DUTIES RESPECTING THE CARGO. As where and are deteriorating rapidly ; if they can be dried and repacked, damaged by ^nd then stored and sent on, but only at a cost to the owner sea-water. ' •' i • i. clearly exceeding any possible value of them to him when so treated ; and if the master cannot communicate with the owner, so as to obtain an answer within reasonable time, it is plainly his duty to sell.(Z) But even if the cargo be damaged either in part or wholly, the master cannot sell, if the damaged part could by reasonable exertions be restored to a transportable condition, and conveyed in specie to the port of discharge, (m) Where the ship § 261. The fact that the vessel has become a total wreck, or IS a wreck. f^j. g^^y. other reason is unable to prosecute her voyage, even although a sale of the goods would, under the circumstances, be the most beneficial course for the owners of the cargo, will not justify the master in selling the cargo, if there is a reasonable opportunity of transhipping or storing it. (n) Whether the master is entitled to sell the cargo, in cases where the ship has been wrecked, depends upon whether the cargo can be practically sent in a marketable state to its destination, that is, whether the cost of carrying the cargo to such place will be more than the goods are worth ; and in determining this question, all the extra expenses consequent on the perils of the sea, such as drying, landing, warehousing, and re-shipping the goods, may be taken into account ; but the fact, that if they are carried on either in the original bottom, or in a substituted bottom, they will have to pay the freight originally contracted to be paid, must not be taken into account, as that is a charge to which the goods are liable when delivered, whether the goods are affected by the perils of the sea or not. It is only the excess of the cost which must be incurred by the owner of the goods, if the master carries them on, above that which would have been incurred by the owner of the goods, if no peril had intervened, which can be taken into consideration by the master, (o) No authority It is doubtful whether the master ever has power to sell the whikinwreck, °^^S0 "^^^^^ ^^ ^^^ wreck,(p) and the difficulty of justifying such at least until a Sale becomes necessarily greater where different portions of the induoeUe cargo belong to different owners, some of it being perishable and sa,Ivage have some not SO ; and the chances of recovering different portions being different.(g') It is clear, however, that the master ought The Australasian, Sc, Co.v. Morse, 481 ; see also Wilson v. Millar, 2 Stark. h. R. 4 P. C. 222, 230. 1 ; Van Omeron v. Domck, 2 Camp. 42. (m) Tronson v. Dent, 8 Moo. P. C. (o) JParnworth v. Syde, L. K. 2 C. P. 419. 204, 226 ; Mosetto v. Gurney, 11 C. B. (») Maclachlan, 4th ed. 161 ; Freeman 176. V. Hast India Co., 5 B. & A. 617 ; (p) Atkmtie Mutual Ins. Co. v. Euth, Cannanv.Meaburn, lBing.243; Atlantic 16 Ch. D. at p. 480 ; cp. Idle v. Soyal Mutual Ins. Co. v. Suih, 16 Ch. D. 474, Exchange Co., 8 Taunt. 755 W) 16 Ch. D. at p. 482. §§ 260-264.— WHEN HE MAY SELL IT, OE PART OF IT. 177 not in any case to sell a cargo, which is not of a perishable nature, while in the wreck, until every effort has been made to obtain the means of himself salving the cargo, or failing this, to induce other persons to undertake its salvage. (r) § 262. Where the ship is damaged, and it is for the benefit where sale is of the cargo-owners that she should be repaired, and the funds Jiecessary to ~c i • .1 .,,.,, raise funds for necessary lor her repairs cannot be raised otherwise than by a repairs of ship. sale of cargo, the master may sell, not the whole, but part only of the cargo, because, as Lord Stowell says, it never can be for the benefit of the owners of the cargo that the whole should be sold to repair a ship, which is to proceed empty to the place of her destination. The law does not attempt to define what proportion of the whole cargo may be sold by the master for repairs. The peculiar necessities of the case and the value of the particular cargo must determine this.(s) A sale of cargo for the purpose of repairing the ship is in general a sale on behalf of the shipowner, enabling him, in fact, to borrow money by its means from the cargo-owner, who will, in general, be able to sue the shipowner for the amount so raised, or for the damages which he has sustained by the sale.(^) § 263. Where it is reasonably practicable to correspond with Master must, the owner of the goods, no part of them may be sold until after oommunloate correspondence with him..(u) If one of the owners is near and can with owner of be easily got at, it is no excuse for not communicating with him, ^°° ^' that other owners at a greater distance cannot be consulted. Such communication, however, need only be made when an answer can, or there is a reasonable ground to expect that it can, be obtained, before the necessity for selling will have actually arisen. The master is bound to employ the telegraph as a means of communica- tion where that can be usefully done.(«) § 264. Where no absolute necessity exists, a sale of the cargo. By English or of any part of it, by the master of an English ship,(y) is wrong- jj^^^jj^gg^ ful, and the purchaser acquires no title under it, unless the sale, acquires no if made in this country, be made in market overt ; or unless, if u*jnstifilble! made in a foreign country, it be made according to the law by which goods are there disposed of.{z) But if cargo is sold or dis- Foreign law in posed of by the master in a foreign country, in a manner which gonfgjg t;tig_ is binding according to the law of that country, that disposition is (r) 16 Ch. D. at pp. 482, 483. (u) Acatos v. Sums, 3 Ex. D. 282. (s) The Gratitvdine, 8 C. Eob. 240, (x) The Australasian, &c.. Go. v. 263 , see also Bichardson v. Nourse, 3 Morse, L. E. 4 P. C. 222, 233-235. B. & A. 237. (y) In determining the propriety of the («) See §327 inf.; Sopper v. Burness, sale the law of the flag will be looked at. 1 C. P. D. 137, 141, per Brett, J. ; Benson Tlie Amjust, (1891) P. 328. V. Duncan, 3 Ex. 644 ; 1 Ex. 537 ; see also (s) Freeman v. TU East India Co., per Lord Ellenborough, C.J., BoweU v. 5 B. & A. 617 ; Atlantic Mutual Ins. Co, Gudgeon, 5 M. & S. at p. 437 ; Atldnsm v. Euth, 16 Ch. D. 474. V. Stephens, 7 Ex. 567. M 178 Where goods sold according to law of foreign country. Law of United States. Where master unable to sell. CHAP, v.— THE MASTEE'S DUTIES RESPECTING THE OAEGO. binding in this country, although there was no necessity for the sale.(a) Where, for example, a ship and cargo were sold under the orders of a foreign court of competent jurisdiction, and under circumstances which, by the law of the country where the sale took place, conferred a title upon an innocent purchaser, and passed the property, this sale was upheld by our courts, although no such necessity as is required by our law existed to justify the master in selling.(6) It has been held in the United States, that if a master is unable to sell the cargo, he may leave it with a commission merchant in good credit, and that he is not obliged to bring it home.(c) When the Master shoiold tranship the Cargo . As Agent for the Shipowner. When his duty to repair ship. § 265. When the ship is in distress in a foreign port, and the master is unable to convey the cargo any further in her, it is often a question whether he ought not to tranship the goods, and forward them in some other vessel. In such cases, the master may sometimes be called upon to act as agent for the shipowner, and sometimes as agent for the owner of the goods, and accord- ing to the character in which he acts, his powers and duties will be regulated. It must be remembered that if the owner of the cargo is com- pelled against his will to take the cargo at an intermediate port, no freight is payable, (t?) If, therefore, the master can repair his ship at an expense not ruinous, and so complete his voyage and bring home the cargo and earn the freight, it is clearly his duty to the shipowner to do so ;(«) and for such purpose, as we have seen, he may, if necessary, raise money by hypothecating the ship, freight and cargo, or even by selling part of the cargo.(/) And if the latter is not of a perishable nature, he may detain it a reasonable time until his ship is ready to proceed on her voyage ;(^) or if his ship cannot carry the goods on, he may leave goods which are not perishable, or sell goods which are in their nature perishable and cannot be carried on. (A) (o) Per Polloolj, C.B., Oammelt v. JSeweU, 3 H. & N. 617, at p. 638 ; per Crempton, J., S. C, 5 H. & N. 728, 744 ; per Bramwell, B., Oastrique v. Imrie, 8 C. B. N. S. at p. 430 ; and see per Black- bum, J., S. C, L. R. 4 H. L. 429. (6) Cammell v. Sewell, ubi sup. (c) 2 Parsons, Sh. 21. id) The SoUomsten, L. B. 1 Ad. 293 ; infra § 272. (e) Per Alderson, B., Benson v. Chap- man, 2 H. L. Gas. 696, 720 ; The Sam- hurg, B & L. 253. (/) jSupra §§ 260-264. See) Hypotheca- tion, Chap. IX. (g) The Oratitudine, 3 C. Rob. at p. 261 ; The Cargo ex Oalam, B. &L. 167 ; TJie Bahia, ih. 292 ; The Sohlomsten, L. E. 1 Ad. 293 ; supra § 237. (/i) Tronson v. Dent, 8 Moo. P. C. at pp. 455, 6 ; Notara v. Henderson, L. E. 7 Q. B. at p. 231 ; supra § 240. §§ 265, 266.— WHEN TO TRANSHIP AS AGENT FOR SHIPOWNER. i>^q § 266. Where a ship is so much damaged by perils of the whenmaeter sea as to be incapable of repair so as to prosecute the voyage, ™*y tranship except at an expense exceeding both her value when repaired and the shipowner. the freight, the master is justified in abandoning the voyage ; and is not obliged, as agent of the shipowner, to tranship or to send the goods on in another bottom. (i) But in such cases he is at liberty to tranship, either in port, or, if the opportunity occur and the occasion be pressing, on the high seas. (7c) And he will be protected in doing so, if it turns out, in the opinion of the jury, that it was the proper course of dealing with the goods. (Z) It would seem, however, that his authority to tranship as agent of Not author- the shipowner, is confined to cases where he can forward the aTa loss to goods to their port of destination on such terms as would make shipowner, it expedient and advantageous for the shipowner to complete the conveyance to such poTt.Ql) But where a shipowner has con- tracted to carry goods to a port in a particular ship, and the master is prevented from so doing by some disaster to her,(m) such that either she cannot be repaired at all or not without unusual loss of time,(?i) whereas the goods might be transhipped and forwarded to their destination at a rate not higher than that which was agreed in the original contract, the master is at liberty, as agent of the shipowner, to tranship the goods and forward them to their destination in a substituted bottom, and to earn the freight under his contract with such shippers, and there is nothing to'prevent his doing this upon as advantageous terms as he can make for the shipowners.(o) If, in short, the shipowner or mas- Shipowner ter, under the circumstances authorising him to tranship the transhipment. goods, is enabled to convey them at a lower rate of freight than that agreed on with the shipper, there is no objection to the ship- owner having the benefit. (p) Therefore, where a master entered into a contract by charter- party to forward goods from a port of distress for the same amount of freight as his owners had stipulated for in the original charter-party, but by a private and subordinate agreement be- tween himself and the owner of the substituted vessel, stipulated that while the freight mentioned in the charter-party should be requii'ed from the consignees, the owner was to hand over to him the difference between that freight and a lower rate of freight (i) De Ouadra v. Swarm, 16 C. B. N. {n) SUpton v. Thornton, 9 Ad. & El. S. 772 ; Abbott, 13th ed. 411 ; Tronson 314 ; Luke v. Lijde, 2 Burr. 883, 888. V. Dent stndNbtarav.Senderson,uhi sup. (o) Matthews v. Qibbs, 3 El. & El. (k) Abbott, 13th ed. 411 ; Shipton v. 282, 300; per Cockbum, C.J. As to the Thornton, 9 A. & E. 314. shipowner's liability in case the goods are (I) Tronson v. Dent, 8 Moo. P. C. at lost while on board substituted ship, see pp. 455, 456 ; Notara v. Henderson,li.'R. The Bernina, 12 P. D. 36. 7 Q. B. at p. 231 ; supra § 240. (p) Per Cockburn, C.J., 3 El. & El. at (U) SKpton V. T/iornton, 9 A. & E. 314. p. 301. (m) Matthews v. Gibbs, 8 E. & E. 300. 180 At liberty where bene- ficial to cargo- owners. But not bound. As agent for the owners of the cargo. Duty to mate best bargain possible. CHAP, v.— THE MASTER'S DUTIES RESPECTING THE CARGO. agreed upon between them, but whether for the benefit of the master or his owners did not appear, it was held, that the con* tract, if entered into by the master on behalf of his owners^ would be a perfectly legitmate transaction ; but that if it was made by him as agent of the owners of the goods, it would be fraudulent and binding upon them.(g') When he should tranship) as Agent of the Cargo-owner. § 267. Even when it is not expedient for the master, as agent of the shipowners, to tranship, it may be greatly for the benefit of the owner of the goods that they should be transhipped and forwarded to their destination, even at an increased ■ rate. In such cases, the master has authority, as agent ex necessitate (r) for the owner of the goods, if he cannot communicate with such owner or his agent, (s) to tranship and forward them, in which case such owner will be liable for any increased freight. (^) Where, on the other hand, it is possible to communicate with the cargo-owner or his agent, this must be done ; (s) so as to give him an opportunity, if so disposed, of taking delivery at the port of distress, (m) But, although he may have authority to tranship, if the cir- cumstances render such a course expedient for the owners of the cargo, he is not, in any case, absolutely bound to do so.(iK) In determining whether to sell or tranship, the master should as far as possible, act as the owner would if he were present. And if, under all the circumstances, a prudent owner would tranship rather than sell, the master ought to tranship.(2/) If when the master tranships, he is acting as the agent, not of the shipowners but of the owners of the goods, it becomes his duty to do the best he can for the interest of the latter, and to make the best bargain he can for them and not for the shipowners, for the conveyance of the goods. The implied authority of the master as agent for the owners of the cargo is limited by the necessity of the case. Although therefore there may be a necessity to tranship, as agent of the owners of the cargo, still, unless there should be a necessity to pay a higher rate of freight than the current rate, the master cannot bind the owner of the cargo to make such a payment.(s) And it is clearly beyond the master's (?) Matthews v. Oihhs, 3 E. & E. 282. (r) See § 238 sapra. (s) aihhs V. Grey, 2 H. & N. 32 ; and oases «!«pm.§§ 238-242. (*) Shipton V. Thornton, 9 Ad. & El. 314, 337, per Lord Denman, C.J. (u) As to when, and how much, freight is payable on goods delivered at a port short of their destination, see §§ 283-285 infra. {x) The Bahia, B. & L. 292, 305 ; The Samlwrg, B. & L. 253. {y) Notara v. Henderson, L. R. 5 Q. B. 346, 353 ; 7 Q. B. 225. As to the considerations applicable in such a case, see per Lord Stowoll, The Oratitudine, 3 0. Rob. at p. 259. (a) Matthews v. Oibhs, 3 El.&El. 282 ; Gibbs V. Grey, 2 H. & N. 22, 32, 33. ,'§§ 268-275.— FREIGHT : WHAT IT IS, AND WHEN PAYABLE. loj authority, when he tranships, to bind the owner of the cargo to pay dead freight.(a) Freight : What it is and when it is payable. § 268. "Freight" is the reward payable to the shipowners or Freight. master for the safe carriage of the goods. There is in every case, shipper under unless the contrary be stipulated, a contract for the payment of contract to freight on the part of the shipper or consignor. Where he is also the charterer, this contract is — in the absence of a cesser clause (b) — expressed in the charter-party ; in other cases it is implied from the fact of his putting the goods on board to be carried.(c) In neither case is he relieved from liability by the fact that the master has delivered the goods without first requiring payment of the freight.(c^) The consignee or indorsee of the bill of lading, to whom the Consignee or property in the goods passes " upon or by reason of such con- yil^fkaiiiK signment or indorsement," becomes liable under the Bills of Lading Act, 1855, (e) upon the contracts contained in the bill, including that for the payment of freight. And apart from that Eeceiver of Act, the receipt of goods under a bill of lading is evidence of a ^^^ goods. contract to be bound by the terms of the bill, the consideration for such a contract being the abandonment of the shipowner's lien upon the goods ;(/) but such evidence is not conclusive, (^) and may be rebutted, for example, by showing that the receiver of the goods, on presenting the bill of lading, refused to be bound by those terms. (A) A contract by the receiver of the goods to pay the freight may also be inferred from a previous course of dealing between the parties, though the receipt was not under the bill of lading.('i) § 269. Freight is payable on the arrival (/c) of the goods at when the destined port ready to be delivered. In other words, the ^^^^^gg^linesg readiness to deliver at the port of destination is, speaking gene- to deliver at rally, a condition precedent to the payment of freight. The ^^ '°^ '™' consignee may, however, dispense with performance of this con- dition, either by accepting the goods at an intermediate port, or by rendering performance impossible. Thus, if the goods are (a) Matthews v. Gibhs, .3 El. & El. B., Moeller v. Young, 5'E.& B.755,760 ; 282 ; CHhls v. Orey, 2 H. & N. 22, and see § 156 supra and § 309 infra. 32, 33. ((?) Sanders v. Vanzeller, 4 Q. B. 260, (b) See § 308 im/ra. per Tindal, CJ., p. 295; Moeller v. (c) Domett v. Bechford, 5 B. & Ad. Foung, ubi sup. 521, 524. [h) " Oounty of Lancaster" S.S. v. (d) Shepard v. De Bernales, 13 East, Sharp, 24 Q. B. D. 158. 565; Chnsty v. Bow, 1 Taunt. 300; (i) WUson y. Kymer, 1 M. & S. 157; Tapley v., MaHens, 8 T. E. 451 ; Domett Coleman v. Lambert, 5 M. & W. 502. As V. Bechford, ubi sup. to the suhjeot of this paragraph generally, (e) 18 & 19 Viot. u. Ill ; infra § 350. see Carver, Carriage by Sea, 603, 604. (/) Coeh V. Taylor, 13 East, 399; {h) As to what is "arrival," see §§ Bell V. Kymer, 3 Camp. 545 ; per Parke, 158-161 supra. 182 When payable. Carriage prevented by cargo-owner. No freight on illegal voyage. Test of right to freight. " On right delivery." Meaning of. CHAP, v.— THE MASTER'S BUTIES RESPECTING THE CARGO. lost in the coarse of the voyage,^ or if their owner is compelled against his will to receive them at an intermediate port,(m) no freight is payable; while, on the other hand, freight may be earned before actual delivery of the goods, if they have been brought to the port of arrival ready to be delivered according to the bill of lading.(?i) If, after the cargo is received on board, and the ship is ready to earn freight, the master is prevented from carrying the cargo by the act or default of the cargo-owner, full freight is recover- able.(o) But the mere fact that the failure to complete the voyage was due to the unfitness of the cargo to be carried, will not entitle the shipowner to freight, or to damages, at all events in a case where the condition of the cargo at the time of shipment was as much within the knowledge of the shipowner or his agents as of the shipper. (^) Freight cannot be recovered if the voyage is illegal, even though it has been performed and the cargo landed. (§') Speaking generally, however, the true test of the right to freight is the question whether the service in respect of which the freight was contracted to be paid has been sub- stantially performed. As a rule, freight is earned by the car- riage and arrival of the goods ready to be delivered to the mer- chant, though they be in a damaged state when they arrive. If the shipowner fail to carry the goods for the merchant to the destined port, the freight is not earned, (r) If he cslttj part, but not the whole, no freight is payable in respect of the part not carried, but freight is payable in respect of the part carried, unless, indeed, the charter-party make the carriage of the whole a condition precedent to the earning of any freight, a case which rarely, if ever, arises in practice, (s) Where a charter-party provided that freight should be paid, " one-third cash on arrival and the remainder on right delivery of the cargo," it was held that the delivery of the cargo and the payment of the residue of the freight were concurrent acts, and that therefore the shipowner, on being ready and willing to deliver, was entitled to be paid the freight, and that he was not (Z) See per Lord Kingsdown, Kirchner V. Venus, 12 Moo. P. C. 361, 390; Mashiter v. Buller, 1 Camp. 84. (m) The Sohlomsien, L. R. 1 Ad. 293, 297 ; riierboom v. Chapman, 13 M. &W. 230 ; Metcalfe v. Britannia Ironworks, 2 Q. B. D. 423 ; Oastel v. Trechman, 1 C. & E. 276. As to when^TO ratd freight is payable at an intermediate port, see infra §§ 283-285. («) Cargo ex Argos, L. R. 5 P. C. 134, 159. (o) Cargo ex Oalam, B. & L. 167, 178. {p) Acatos V. Burns, 3 Ex. D. 282. (q) Blanch v. Solly, 1 J. B. Moore, 531 ; MulUr v. Gernon, 3 Taunt, 394. (r) See per "Willes, J. , Dahin v. Oxley, 15 C. B. N. S. 646, 665 ; see also Smith V. Wilson, 8 East, 437 ; lAddaa'dy. Lopes, 10 ih. 526. (s) Per Willes, J., ubi sup. §§ 268-275.— FREIGHT : WHAT IT IS, AND WHEN PAYABLE. jg3 bound to deliver the cargo before ■pa,jm.ent.(t) And the same rule was followed where a bill of lading specified the rate of freight, without expressly providing for its payment, (m) Arrival at the port of destination is not alone sufficient, Readiness to even where it is stipulated that freight is to be payable before ^^^I'^^r delivery. It must be accompanied by a readiness to deliver. Therefore, where goods were shipped under a bill of lading, which stipulated that freight should be paid " within three days after arrival of the ship and he/ore delivery of any portion of the goods," and the ship arrived in port with the goods on board, and was, within the three days, in consequence of an accidental fire, scuttled and the goods destroyed ; it was held, that the shipowners, not being ready to perform their part of the contract, were not entitled to sue for freight. («) § 270. On the other hand, if the ship arrives and is ready to de- When goods liver at her foreign port of destination, and the authorities there ^?^^^ *°j will not permit the goods to be landed, or the ship to remain in the cannot be port, and the master cannot communicate with the owner of the of°dertinat?on' goods, or obtain instructions from him, he is justified, under his im- plied authority, to act for the owner of the goods and for the ship- owners, in carrying or sending the goods to such other place as in his judgment, prudently exercised, appears to be most convenient for their owner ; and if the best and cheapest way of making them available to the owner, is by bringing the goods back to England, then the master will be justified in doing so, and in such case he will be entitled to freight as well as to back freight and expenses reasonably incurred. This was determined in the case of The Cargo exArgos.{y) G.'s ship, with a general cargo, sailed from London to Havre with some petroleum on board. Under the bill of lading, G. was to deliver the petroleum at Havre, and it was to be taken out by the consignee within twenty-four hours after arriving at Havre, or ten guineas a-day was to be paid for demurrage. On the ship's arriving at Havre, the authorities of the port obliged the master to take her away in consequence of the petroleum being on board. Thereupon, the master went to neighbouring ports, but was not allowed to stay there. He then returned to Havre, discharged his general cargo, and obtained permission to discharge the petroleum, but not to land it. But no bill of lading having (<) Paynter v. James, 18 L. T. JSf. S. In Stewart v. Bogerson (L. E. 6 C. P. 449, afEg. S. C, L. E. 2 C. P. 348; see 424), the ship and cargo (as security for the also Blach v. Base, 2 Moo. P. C. N. S. freight) heing under arrest by the Adnu- ^77; The Energie, L. E. 6 P. C 306, ralty Court, the shipowner was allowed 314. to recover the amount of his freight, as (u) Wequelin -v. CeTMer. L. E. 6 H. L. damages for refusal to accept the cargo. 286. (y) L. E. 5 P. 0. 134, 157 ; reported . {x) DutMe V. Bilton, L. E. 4 C. P. 138. below, L. R. 4 A. & E. 13. See also The See also St(n-er. v. Gordon, 3 M. & S. 308. Teutonia, L. E. 4 P. C. 171 infra. 184 CHAP, v.— THE MASTER'S DUTIES EESPECTING THE CARGO. When it is payable. For animals which die on voyage. When ship is disabled. been presented to him, and no application made for the delivery of the petroleum, he brought it back to London. It was held, that under these circumstances the shipowner was entitled to freight and back-freight, and to expenses incurred on behalf of the cargo-owner after his second arrival at Havre ; but not to demurrage and expenses in attempting to enter neighbouring ports, for they were incurred before the ship was ready to de- liver at Havre. A somewhat similar case was that^of The Teutonia.{z) There a charter-party, which was referred to in the bill of lading, pro- vided that the ship should deliver her cargo at a safe port within a named area, as ordered by charterer's agents. She was ordered to Dunkirk, a port which afterwards became unsafe by reason of the outbreak of war. On arriving at Dunkirk and learning the state of affairs, her master proceeded to Dover, another port within the named area. No further orders were given as to her port of discharge, and the consignees required delivery of the cargo at Dover. It was held that the master was not bound to deliver except upon payment of his full freight. § 271. Although readiness to deliver the goods at the place of destination is, in general, necessary to entitle the shipowner or master to the freight, yet with respect to living animals, which may die during the voyage, without fault or neglect on the part of shipowner or his servants, it is said, that if there is no express agreement whether the reward is to be paid for lading, or for transporting them, freight is payable as well for the dead as for the living ; and the same principle is applied to passengers, (a) If the agreement was to pay for lading and undertaking to carry them, their death will not deprive the shipowners or master of the reward. But if the agreement was to pay freight for trans- porting them, then no freight is due for those that die on the voyage, because as to them the contract is not performed. (6) § 272. If the ship be prevented from completing her voyage, the master may, as we have seen, still earn the whole freight which he originally contracted for, either by repairing her and, within a reasonable time, carrying on the goods, or by sending them, within a reasonable time, in another ship, to the place of their destination, if either of these courses be practicable.(c) If he is unable or unwilling to do this, the merchant is entitled to take the goods without payment of freight, the contract not having been performed, {d) and the case is the same where the (a) L. E. 4 P. C. 171 ; below, L. E. 3 (6) Maclachlan, 4th ed. 490; MoUoy, Ad. 394. See the facts more fully stated bk. 2, c. 4, s. 8. § 277 supra. (c) Svpra §§ 265, 266. (a) As to passengers, see Moffat -v. East {cl) See Cargo ex Galam, B. & L. 167, India On., 10 East, 468, and Chap. XIII. 178 ; Metcalfe v. Britannia Ironworks Co., infra. 1 Q. B. D. 613 ; 2 ib. 423. §§ 268-275.— FREIGHT : WHAT IT IS, AND WHEN PAYABLE. ^85 vessel has been properly abandoned without any intention of When it is resumption, and is subsequently brought into port by salvors ;(e) pay^^Me. but it seems that a wrongful abandonment, giving a cause of action to the cargo-owner, does not put an end to the contract of affreightment, and does not entitle him to delivery of the cargo without tendering any freight. (/) On the other hand, if the merchant refuse to allow a reasonable time for repairs, or for the transmission of the goods by another ship, and demand his goods at once, he must pay the whole freight, as he has prevented the performance of the contract. ((7) If the master is compelled to sell the cargo at an intermediate Wlien master port, no freight will become due. In such a case, it cannot be * "*''^°" inferred that the owners of the goods through the master's agency agreed to dispense with their further carriage and accept delivery at the intermediate port, for the agency of the master arises from his inability to carry the goods to their place of destination, giving the goods owners no alternative. (A) § 273. If the outward and the homeward voyages are When outward intended by the contract to be distinct, then the freight for the yoyagea dis- outward voyage will become due upon its completion, and will not tinct. be affected by the non-completion of the homeward voyage. Whether the outward and homeward voyages are to be regarded as one or as distinct voyages depends entirely on the terms of the contract, (i) § 274. If the goods have substantially arrived, although ^°^^*™*S®'' damaged, and are ready to be delivered, the freight is payable by the ordinary terms of the contract, and the owner is not entitled to abandon them, or to resist the payment of freight, on the ground of their being damaged, even if they have become, by reason of such damage worth less than the freight, unless, indeed, there is some stipulation to this effect in the contract. Such injury to the goods, if caused by the negligence of the master, being only ground for a cross action or counterclaim against ship, master, or owners. (^) Where it is agreed that the ship shall load a complete cargo On short ° delivery. («) The Kathleen, L. E. 4 Ad. 269 ; Crazier v. Smith, 1 M. & Gr. 407 ; De The Cito, 7 P. D. 5 ; dieting. The Zeptir, Silvale v. Kendall, 4 M. & S. 37. 52 L. T. N. S. 768 ; see § 284 infra. (k) Dahin v. Oxley, 15 C. B. N. S. (/) Per Brett, L. J., 7 P. D. p. 8 ; per 646 ; Garrett v. Melhuish, 4 Jur. N. S. Butt, J., 52 L. T. N. S 769. 943 ; Shields v. Davis, 6 Taunt. 65 ; see [g) The Sobbmsten, L. E. 1 Ad. 293 ; also cases cited infra § 282. "There Luke V. Jjyde, 2 Bun-. 883 ; The Cargo would be apparent .justice in allowing ex Ocdam, B. & L. 167; and see cases damage of this sort to be set on or cited infra § 283. deducted in an action for freight, and this (A) riierbloom v. Chapman, 13 M. & is allowed in some (at least) of the United W. 230; Sopper v.Burness, 1 C. P. D. States. (Parsons on Mercantile Law, 172, 137 ; Acatos v. Burns, 3 Ex. D. 282. n. ) But our law does not allow deduction (4) Smithy. Wilson, 8 East, 437; in that form," per Willes, J., 15 t. B. JN. S. 667. 186 Where delivery short : freight payable in quantity delivered. Short delivery due to ex- cepted perils : Lump sum freight payable ill fall. When made payable at lixed periods. Subject to performance of condition. CHAP, v.— THE MASTEE'S DUTIES RESPECTING THE CAEGO. and deliver the same on being paid freight, and after receiving a portion of her cargo she sails without waiting to complete her loading, the delivery of a complete cargo is not a condition pre- cedent to the payment of freight, but the master may recover freight for the short cargo at the stipulated rate per ton, the freighter having his remedy in damages for the breach of the agreement. (Z) For otherwise, though he had carried a cargo short of the full capacity of the ship by only a few tons, the shipowner would be deprived of his whole freight, a construction which would be contrary to common sense, (ot) In The Merchant Shipping Company v. Armitage, the ship was chartered to load at Colombo, or Cochin, from the charterer's agents, a fall and complete lading, and proceed to London and discharge there, fire and other dangers of the sea excepted, and a lump sum freight of £5000 was to be paid after entire dis- charge and right delivery of the cargo, in cash, two months after the date of ship's report inward at the Custom House. Part of the cargo loaded was lost by fire, without any default of the master or crew, and the remainder was delivered in London. It was held, that the shipowner was entitled, under the charter- party, to the full lump sum freight of £5000.(w) It would seem to be an open question whether, if the loss had been due to a cause for which the shipowner was responsible, the whole freight would not have been equally payable, as the sum agreed for the hire of the ship.(o) § 275. Where freight is made payable by the contract at a fixed rate for a fixed period, as at so much per month, week, &c., the general rule is, that freight accrues due at the expiration of each of the periods specified and continues payable if the ship is detained during the voyage, provided such detention does not discontinue the voyage or suspend the contract, and does not proceed from the default of the shipowner.(^) But the obligation to pay freight under a time charter must in each case depend upon the terms of the contract.(2') Thus, although the charter-party may fix the rate of freight by the week, month, &c., as a means of ascertaining the amount of (?) Bitchie v. Atkinson, 10 East, 295. (m) Per Lord EUenborough, 10 East, 307. (n) L. R. 9 Q. B. 99 ; affg. L. K. 8 C. P. 469, n. ; see also The Norway, B & L. 377, 404; Robinson v. Knights, L. E. 8 C. P. 465 ; Blanchet v. Powell's, &c., L. E. 9 Ex. 74. (o) See, on the one hand, per the Judicial Committee, B. & L. at pp. 408, 9 ; and per Keating and Brett, JTJ., L. E. 8 C. P. at pp. 467, 468 ; on the other, per Lord Coleridge, C.J., and Brarawell, B., L. E. 9 Q. B. pp. 107, 111. Dr. Lushington, in The Norway, as a judge of first instance, held that under such circumstances the freight would be apportionable ; B. & L. at pp. 394, 895 ; see Carver, § 550. (p) Haveloch v. Oeddes, 10 East, 555 ; Moorsom v. Greaves, 2 Camp. 627 ; Bip- ley V. Scaife, 5 B. & C. 167. As to how much freight is payable, see further § 281 infra. (q) See for example, Hogarth v. MiUer, (1891) A. C. 48 ; The Alps, (1893) P. 109. §§ 276-279.— FREIGHT : WHEN PAYABLE IN ADVANCE. jg^ freight ultimately payable, the parties may still by the same Wherepayable contract agree that the voyage or any other condition shall be fo^fi^ed performed before any freight is due. In that case no freight ^^"° ^" becomes due until the condition has been performed, unless indeed its performance is dispensed with, or rendered impossible by the act of the charterer. Where, for example, the freighter by charter-party agreed to pay freight for the use of the ship at a certain rate per ton, per month, during the term of six months at least, and so in proportion for a less time than a whole month, and at the like rate for such further time, and until her final dis- charge in London, or up to the day of her being lost, captured, or last seen or heard of — such freight to be paid to the master in cash, in the following manner : so much as might be earned at the time of the arrival of the ship at her first destined port abroad, to be paid within ten days next after such arrival, and the remainder at certain specified periods ; and the ship was lost by perils of the sea before her arrival at her first destined port, it was held that no freight was due.(r) When Freight so-called is payable in advance. § 276. Of course the shippers may agree to pay what is often Freight in called freight (s) in advance. If the parties make a distinct contract ^jj^Qot^as to this efiect, so that it is apparent that the prepayment is an such be advance of freight and not a loan, such money cannot be re- covered back if the voyage fails or the ship or goods are lost, unless there was a distinct agreement that it should be so returned, such payment being considered to be by the intention of the parties exempt as between themselves from the risk and contingency incident to freight at common law.(<) But where, freight having been advanced, the goods are lost by But may in I, r. ,. . ., , , some cases be reason oi some cause for which the shipowner is responsible, the indirectly amount of the advance may be taken into consideration in Yama'^ea^^ estimating the damages recoverable by the merchant, the measure of which is the value of the goods at the place of destination, less any sums which must be paid by the consignee in order to obtain them. So much of the freight as has been advanced cannot be (r) GiVbon v. Mendez, 2 B. & Aid. 17. cannot be recovered back in the event of (s) As to whether properly so-called, the goods being lost, and the fi-eight see Allison v. Bristol Marine Ins. Co., thereof not becoming payable. I regret 1 Ap. Ca. 209, 225, 239, 240 ; Smith v. that the law is so. I think it founded on Pyman, (1891) 1 Q. B. 742, 745; Kirch- an erroneous principle, and anything but ner v. Venus, 12 Moo. P. C. 361, 390 ; satisfactory ; and I am emboldened to say infra §§ 290, 291. this, by finding that the American autho- (4) Andreu: v. Moorhouse, 6 Taunt. rities have settled the law upon directly 435; DeSihaley. Kendall, 4:M..&!. a. Zl; opposite principles, and that the law of Saunders v. Drew, 3 B. & Ad. 445 ; every European country is in conformity Byrne v. ScMUer, L. E. 6 Ex. 20, 319. with the American doctrine and contrary In Byrne v. Schiller, at p. 322, Cockburn, to ours. In France and Germany the rule C.J., says, "By the law of England a pay- has been settled for a long time." See ment made in advance on account of freight 1 Parsons, Sh. 210. 188 But loan may. Unless char- terers have agreed to insure and failed to do so. Whether payahle in advance, question of the contract. Advance freightpayahle notwithstand- ing loss of ship. Exception. CHAP, v.— THE MASTER'S DUTIES RESPECTING THE CARGO. required of the consignee, (m) and therefore is not to be deducted from the value of the goods in estimating the damages. (») An advance by the charterer by way of loan may be recovered, even though stipulated in the charter-party ;(y) unless it is also stipulated that the advance is to be made against freight, and that the charterers are to be entitled to insure it at the shipowner's expense, and they have, without notice to the latter, failed to do so.(s) And the question has frequently been raised whether, according to the terms of the contract under which payment was made, it was to be regarded as a loan or as an advance of freight, (a) The question whether freight is payable in advance or not, must also depend in each case upon the terms of the particular contract. It is not necessarily payable in advance, because agreed to be paid at the port of loading. (&) In such a case it may be a question for the jury, looking at all the circumstances, (c) whether the contract was one for " freight " contingent on the ship's arrival at her destination, or for a sum payable on the receipt of the goods on board. § 277. Where freight is according to the agreement payable in advance, when once the cargo has been shipped, or other condition performed upon which it is to become payable, the freighter's liability to pay is not affected by the subsequent loss of the ship. Where, for example, a ship was lost on a voyage from London to the Oape, and the words in the bill of lading were, "freight for the said goods being paid," and the broker who freighted the ship told the owner of the goods that the freight was a certain sum per ton if paid in London, and a larger sum if paid at the Cape, and the owner preferred the contract at the lower rate, a finding of the jury that it was intended that the lesser sum, if elected, was to be paid at all events, and on the taking of the goods on board, was upheld.(cZ) But where the agreement was " one-third freight, if required to be advanced, less 3 per cent, for interest and insurance," and no requirement was made until after the loss of the vessel, it was ;) See Tamvaco v. Simpson, L. E. 1 (u) C.T. 363. (x) Cheat Indian Peninsula My. v. Tumbull, 53 L. T. N. S. 325 ;■ Dufourcet V. Bisliop, 18 Q. B. D. 373 ; and see Bodoconaclii v. Milium, ih. 67. (2/) De Silvale v. Kendall, 4 M. & S. 37, 42, 43. (a) Watson v. Shankland, L. E. 2 H. L. So. 304 ; cp. Blchs v. Shield, 7 B. & B. 633. (a) In Manfield v. Maitland, 4 B. & Aid. 582, the payment was held to ho a loan. In De 8ilvale v. Kendall, 4 M. & S. 37, Hicks V. Shield, 7 E. & B. d33, and Tamvaco v. Simpson, L. E. 1 C. P. 363, it was held to be an advance of freight. In Watson v. Shankland, L. B. 2 H. L. So. 304, this question was not determined. (6) See Masliiter v. Buller, 1 Camp. 84. (c) Lidgett,\. Perrin, 11 C. B. N. S. 362 ; Andrew v. Moorhouse, 5 Taunt. 435, 444. {d) Andrew v. Moorhouse, ubi svp. Cp. Jackson v. Isaacs, 3 H. & N. 405; per Lord Esher, M.E., Smith v. Pyman, (1891) 1 Q. B. at p. 744. §§ 276-279.— FKEIGHT : WHEN PAYABLE IN ADVANCE. Igg held that the advance freight could not be recovered ; for until the requirement was made, the charberer was not liable to pay it, and therefore had no insurable interest in it, and when the re- quirement was made, the advance freight had already become uninsurable by reason of the loss of the vessel.(e) § 278. In cases where the freight is to be paid " on the final Payable on sailing of the ship," or " on the ship having sailed," the question ^™^^^^'^'P' frequently arises whether the ship has in fact sailed so as to entitle ship "sailed." the shipowner to payment. " Final sailing means getting clear of the port for the purpose of proceeding on the voyage."(/) In Thompson v. Gillespy, one-fourth of the freight was to be advanced " on the ship having sailed." The ship left the harbour and proceeded into the roads with the intention of lying there, but with no intention of returning. There she cast anchor and was lost. Her shrouds and cables were not in a proper condition for sailing ; the master and mate were not on board, nor was the crew complete, nor the bills of lading signed. It was held that the ship had not sailed, and that no freight was due.(^) The most recent case on this subject was Sailing Ship Garston Go. v, Hiekie.Qi) There the ship was to load at Cardiff, " freight to be paid two-thirds in cash .... ten days after the final sailing of the vessel from her last port in Great Britain." The docks at Oardifi" communicate with the river Tafi", and so with the sea, by means of a ship canal, along which all vessels must pass in order to enter or leave the docks. Having passed through the canal, and proceeded about 300 yards beyond its junction with the river, the ship came into collision, and was compelled to put back. In an action by the shipowners for advance freight, it was held that it was not recoverable, the ship not having sailed from the port of Cardiff.(i) And it was laid down that the pop- ular, or commercial, sense must be given to the word " port," as distinguished from its definition for revenue or pilotage pur- poses. (^) § 279. No freight is recoverable in advance unless the ship is Unseaworthi- seaworthy at the time of sailing, at any rate where the charter- j^ advance party contains an express warranty of seaworbhiness.(^) And freight. the case would seem to be the same where the warranty is merely implied.(m) (e) Smiili v. Pymm, (1891) 1 Q. B. (i) See also Boelmdts v. Samson, 9 742 ; Oriental S.S. Go. v. Tylor, 9 Ex. 444. T. L. E. 405. {h) FoUowinpr Price v. Livingstone, 9 (/) Price V. Livingstone, 9 Q. B. D. Q. B. D. 679; see also Hunter v. 679. Per Lindley, L.J., at p. 682. NoHhern, &c., Ins. Co., 13 Ap. Ca. 717. Ig) 5 E. & B. 209 ; see also Hudson v. {I) Thompson, v. GiUespy, 5 E. & B. BiUoa, 6 E. & B. 565. 209. (A) 15 Q. B. D. 580. (m) See Kopitoff v. Wilson, 1 Q. B. D. 377, 380 ; and oases cited supra § 90. 190 CHAP, v.— THE MASTER'S DUTIES RESPECTING THE CARGO. Depends upon the agreement. Sum ascer- tained or ascertainable according to ship's capa- city. On goods shipped. On goods carried. How com- puted. How much Freight is payable.in) § 280. The amount of freight which is payable in any case depends either upon the agreement of the parties, or upon the usage of the trade, or, in the absence of both these guides, upon what appears to a jury to be reasonable, regard being had to the current rate of freight at the time between the same ports.(o) Agreements as to freight are of course nearly as various as they are numerous, and therefore only a few general principles and leading decisions can be noticed. Where the charter-party stipulates for a gross sum for an entire ship, or part of a ship, for a whole voyage, this gross sum will be payable even though the merchant have not fully laden the ship.(29) And if a defined sum be agreed upon for every ton, or other portion of a ship's capacity, for the whole voyage, the payment must be for the number of tons, &c., which the ship is capable of containing, and not merely for the quantity actually put on board. (2?) If, on the other hand, an entire ship be hired, her burthen being expressed in the charter-party, and the merchant agree to pay a certain sum for every ton, &c., of goods that he shall put on board, but do not agree to furnish a complete lading, the shipowner or master cannot demand freight for more than the quantity of goods actually shipped, (g') If the shipper has agreed to pay a certain sum per ton, or per cask or bale of goods, payment must be made according to the number of tons, casks, or bales shipped, carried, and delivered. (?•) In such a case the quantity is primd facie, and as a general rule, to be ascertained by measurement at the port of discharge, (s) in the absence of any stipulation making the freight payable on " intake measurement,"(;t) But there is an exception to this general rule where the cargo has by heating or otherwise increased in bulk during the voyage. In such a case, freight being payable only on cargo shipped and carried throughout the voyage, the quantity must, in the absence of a custom to the contrary, be ascertained (n) As to the amount of freight -which may be required from consignees or indor- sees of bills of lading, whose stipulations differ from those of the charter-party, see infra §§ 305, 306. (0) See Millar v. Woodfall, 8 E. & B. 493 ; Mitcheson v. Nicol, 7 Ex. 929 ; Mitchell v.Darthez, 2 B. N. C. 555, 571. (p) Benson v. /Schneider, 7 Taunt. 272 ; Hunter v. Fry, 2 B. & Aid. 421 ; Barker V. Windle, 6 El. & Bl. 675. As to effect of short delivery on lump-sum freight, see § 274 supra. (q) Maclachlan, 4th ed. 476, citing Lady James v. East India Co., Abbott, 13th ed. 553 (not reported). (r) Gibson v. Sturge, 10 Ex. 622, at pp. 638, 639, 640. {s) The iikandinav, 50 L. J. Ad. 46 ; ler Pollock, C.B., Gibson v. Sturge, 10 Sx. at p. 641 ; Nielsen v. Neame, 1 C. & E. 288. (t) As in Spaight v. Famworth, 5 Q. B. D. 115 {q.v. as to how such measure- ment is to be ascertained, where some cargo has been lost, and some measure- ment marks obliterated) ; Fullagsen v. Walfm-d, 1 C. & E. 198. t. §§ 280-282.— HOW MUCH FREIGHT IS PAYABLE. -, q, according to measurement at port of loading, (m) unless the parties by the use of such words as " paying freight on nett weight delivered,"(a5) or in some other manner,(2/) stipulate for a different arrangement. The right to have the measurement taken on this basis is not affected by the insertion of the words " quantity and quality unknown" in the margin of the bill of lading. (2) § 281. If the shipper agrees to pay a defined sum per month, .Under time week, or other period of the voyage, the computation begins, in °^^^^^'- general, from the day on which the ship breaks ground on her voyage, (a) and continues during the course of it, inclusive of the whole of the day on which she is given up,(5) and of unavoidable delays not occasioned by the act or neglect of the shipowners or master, or by such circumstances as under the contract work a suspension of it for a particular period. ThuSj where in such a case the ship is to be kept in repair by the owner during the voyage, freight is payable for the period necessarily consumed for that purpose, if it do not appear that the ship was insufficient at the outset, or that there was any improper delay in repairing her.(c) And where a ship, chartered at a monthly freight for a voyage to any port or ports in S. Domingo and back to London, dis- charged part of her cargo at one port of that island, and was then ordered by the supercargo to proceed to another, which was under blockade, and was taken on the way there by one of the blockading cruisers and detained several weeks, and then took on board a homeward cargo and arrived in England, the shipowners recovered freight for the period of detention at the rate stipulated per month, as the ship was taken in proceeding to a port by order of the supercargo, and the freighters were answerable for the subse- quent detention, (c?) If it is desired that time lost in repairs, or by reason of mis- fortune or accident, should not be counted, an appropriate stipu- lation should be inserted in the charter-party, (e) § 282. A consignee of goods, under a bill of lading, has no No right to right to deduct from the freight payable on the delivery of the j®^°*gg f^^ goods the value of goods which, though mentioned in the bill of short delivery lading, turn out not to have been put on board.(/) Nor can he °^e°i^s*° deduct the value of goods which though shipped have been short («) Cfibson V. Stwge, 10 Ex. 622 ; Havehch v. Oeddes, 10 East, 555 ; Mao- Buekle v. Knoop, L. R. 2 Ex. 125, 333. lachlan, 4th ed. 476. (sc) CovUlmrst v. Sweet, L. E. 1 C. P. (d) Moorsom v. Oreaves, 2 Camp. 627 ; 649. , cp. Beale v. Thompson, 3 B. & P. at p. 430. (y) TtiOy T. Terry, L. E. 8 C. P. 679 ; (e) As in Hogarth v. Uiller, (1891) A. infra § 336. C. 48. Freight lost to the shipowner (z) Gibson v. Sturge; Tally v. Terry, under such a clause by reason of a peril ubi sup. insured against is recoverable against his (a) Per Eyre, C.J., Curling v. Long, underwriters on freight. The Alps, {189B) 1 B. & P. at p. 636. ■ P- 109. ^ t, i.t ^ (5) Angier v. Stewart, 1 C. & E. 357. (/) Mayer v. Dresser, 16 C. B. N. fe. (c) liipley V. Scaife, 5 B. & C. 167 ; 646. 192 CHAP, v.— THE MASTER'S DUTIES RESPECTING THE CARGO. delivered, nor the amount of damages sustained in transit by tlie negligence of the shipowner or his servants. Such claims can only be the subject of cross-acbion or counter-claim. (^) Fro raid Freight, what it is, and when it is payable. Wh&t pro rata § 283. If the ship is by inevitable necessity forced into a ablf''* '^ ^*''' P°^*' ^^°^* °^ ^^^ destination, and unable to prosecute her voyage, and the merchant voluntarily accepts the goods at that port, he must pay freight pro ratd itineris, more usually called pro ratd freight — that is, an amount proportioned to the part of the voyage actually performed iQi) for in such case the law implies a new contract by the owner of the goods to pay compensation com- mensurable with the benefit actually received, (i) To sustain a claim for pro ratd freight, there must be such a voluntary acceptance of the goods at the intermediate port as to raise a fair inference that their further carriage was dispensed with, the master being on his part ready, if required, to complete it. The arrangements must be mutual and voluntary on both sides, not amounting on the one hand to a refusal to permit the farther carriage of the goods, which would entitle the master to require full freight before delivering them ; nor on the other to a refusal or inability to carry them, which would entitle the merchant to receive the goods without paying freight at all.(^) Examples. Where, on a voyage to Lisbon, the ship was captured within freigh-t ^^^^ days' sail of that port, and shortly afterwards recaptured and brought into a port in Devonshire, where the shipowners abandoned her to the insurers, and the owners of the cargo sent it to Bilbao, where it was sold, it was held, that the goods having been accepted in England, a rateable proportion of the freight was payable.(Z) So where a ship freighted to Hamburgh was prevented by restraints of princes from arriving there, and the consignees directed the master to deliver the cargo at Gluckstadt, and accepted a portion of it there, they were held liable to pay freight Full freight, pro ratd for the goods so accepted.(m) And where goods were to have been delivered at Glasgow, and the ship was lost within a short distance of that port, and the owner of part of the goods abandoned them to the insurers, who took possession of them and ((/) Stimson v. ScM, 1 H. & N. 831 ; (k) Metcalfe v. Britannia Ironworks Davidson v. Gfwynne, 12 East, 381 ; per Co., 1 Q. B. K. 613 ; 2 ib. 423 ; Tlie Dr. Lushington, The Norway, B. & L. at .SoUomsten, L. E. 1 Adm. 293 ; Hunterv. p. 241 ; and see § 274 supra. Prinsep, 10 East, 378, 394 ; Hopper v. {h) The Teutonia, L. E. 3 Adm. 394, Burness, 1 C. P. D 137 140 • siu v 416 ; L. E. 4 P. C. 172 ; Luke v. Lijde, 2 Wilson, 4 C. P. D. 329, 335 ; Acatos v. Burr. 882 ; T/ie Sdblomsten, L. E. 1 Burns, 3 Ex. D. 282 ; and see supra §§ Adm. 293. 269-272. (i) Per Parke, B., Vlierboom v. Xlhap- (1) Luke v. Lyde, 2 Burr. 882, 888. man, 13 M. & W. at p. 238. (m) Christy v. Boio, 1 Taunt. 300. § 283-285.— FEEIGHT : WHEN PAYABLE PRO RATA. -. qo conveyed them to Bristol, although the master provided another ship and offered to carry them to Glasgow, it was held, that the shipowners were entitled to the whole freight, (ra) The third alternative occurred in Osgood v. Groning,{o) where Nq freight the master, before the completion of the voyage, brought the ship payable, back to an intermediate port, because there was a danger of her being confiscated at the port of discharge, and landed the cargo. Legal proceedings were afterwards taken by the cargo-owners to prevent him from selling it, and it was by consent delivered into their hands without prejudice to the rights of the parties ; it was held, that no claim to pro raid freight existed. On the same principle, in Metcalfe v. Britannia Ironworks Company, i^'p) a ship under charter to deliver her cargo at Taganrog in the Sea of Azof, was blocked by ice, while distant 300 miles by sea, and 700 by land, from that port. The master discharged the cargo, notwithstanding the opposition of the charterer's agent, and placed it with the Custom House authorities at Kertch, who delivered it to the consignees' agent without requiring payment of freight. In an action against the charterers, it was held that neither full nor pro raid freight was recoverable. § 284. We have seen that no freight is payable where the Effect of ship has been properly abandoned, or subsequently salved. (g') attdsubsequent AVTiere, however, the master and crew have been wrongfully dis- salvage, possessed by salvors, (r) or where, as it seems, the abandonment has been wrongful and the contract of affreightment is not put an end to,(s) the cargo-owners will not be entitled to delivery of their goods, if brought into their port of destination, without payment of full freight, or if brought into an intermediate port, the master being ready and willing to complete the carriage, without payment of pro raid freight. In Mitchell v. Barthezjit) the ship was chartered from London Mitchell v. to Buenos Ayres and to return with a cargo to a port between Gibraltar and Antwerp, freight to be paid in a gross sum on the delivery of the homeward cargo. She proceeded to Buenos Ayres, and having there loaded goods, sailed for Gibraltar, but on her way she was obliged by sea perils to put into Fayal, where part of her cargo was necessarily sold. The master returned to England, leaving the remainder at Fayal, and giving instructions to the Vice-Consul there to forward it to Gibraltar, but giving no authority on the shipowners' behalf to contract for the hire of a (ra) Lutwidge v. Grey, cited in Luke v. (q) Supra § 272. Lyde, 2 Buit. 885. (c) The Leptir, 52 L. T. 768. (o) 2 Camp. 466; see a\so Liddardx. (a) PerButt.J., The Leptir, 521,. T.ai Lopes, 10 East, 526 ; Hunter v. Prinsep, p. 769 ; per Brett, L.J., The CUo, 7 P. U. ih. 378 ; Tlie Patria, L. R. 3 Ad. 436. at p. 8. (p) I Q. B. D. 613 ; 2 lb. 413. («) 2 B. N. C. 655. N 194 CHAP, v.— THE MASTER'S DUTIES EESPECTING THE CARGO. When pro raid freight is pay- able. Not where cargo sold. Freight as affected by capture. ship. The Vice-Consul chartered a ship, on behalf of the owners of the cargo, which carried the remainder of the cargo to Gibraltar and delivered it there on payment of the freight due on the last mentioned charter-party. It was held, that the carriage to Gibraltar was not done by the shipowners, and that freight under their charter-party was not payable ; that no freight pro raid could be claimed by the shipowners for the carriage from Payal to Gibraltar ; but that a pro ratd freight was due to them for the carriage from Buenos Ayres to Fayal, as the shippers had derived benefit from it, and as they had ratified the acts of the Vice- Consul as their agen,t, and as they must be taken to have accepted the goods at Payal by their agent the Vice-Oonsul, in order to forward them on to Gibraltar. § 285. We have seen (u) that where the master necessarily sells the cargo, no freight can be claimed. And this is so, even where the cargo-owner has assented to its being sold, if this was done because the goods were so damaged as not to be worth forwarding, so that he had in fact no option of having them sent on to their destination. (ai) A similar result, was arrived at in Hunter v. Prinsep,(y) where goods having been shipped for delivery in London, the ship was wrecked at St. Kitt's, and the goods were there sold by the Vice- Admiralty Court on the application of the master, acting bond fide, but without instructions, and it was held that no freight could be recovered. It should be mentioned, however, that in one case, a ship and cargo were condemned and sold by a French Court of competent jurisdiction, and this sentence was afterwards reversed, and the proceeds of the sale paid, as it would seem, to the owners of the goods ; and it was held, that freight pro ratd was due, as the shipowners had been prevented from carrying the goods tO' the port of delivery by no fault of their own, but only by a foreign Court ordering a sale pending the suit.(2;) The Bight to Freight as affected hy Capture. § 286. In time of war the Court of Admiralty was, before the Judicature Acts, often called upon, in the case of vessels that had been captured, to determine the rights of parties with respect to- freight. In so doing, that Court usually acted on the same prin- ciples as the Courts of Common Law, holding that the goods must be carried to their destination before any claim to freight could' arise, (a) (m) Supra § 272 ; VKerboom v. Chap- Ins. 116. This authority " ought to be man, 13 M. & W. 230; Hopper v. Bur- understood with particular reference to the •neis, 1 C. P. D. 137 ; Acatos v. Burns, 3 facts then before the court," per Lord Ex. D. 282. Ellenborough, C.J., 10 East, 392. {x) Sill V. Wilson, 4 C. P. D. 329, 335. (a) Ihe Diana, 5 C. Rob. 67, 71 ; Tlie \y) 10 East, 378. Etrusco,^ ib. 74 ; The Vrow Anna Gatha- (r\ TiailUp. T. MnndinNani. Part nn rinn. 6 ih. 269 : Thp. Lmiisn.. 1 DnrlH .R17_ B 2»6-289.— FREIGHT AS AKFEC'J::ED BY CAPTUEE. iqc In some cases, however, it exercised an equitable jurisdiction Court exer- over such questions, regarding the master as " a favourite with ?•*?* equitable the Conrt/'(?yj Thus where a ship had been chartered to deliver ''° ^ °' a cargo at Lisbon, and at the entrance of the Tagus was warned off by the British blockading squadron and driven to sea by a gale, and there captured by a Spanish privateer, and retaken by a British cruiser and carried to Madeira and sold with her cargo by the salvors — the ship and cargo being afterwards re- stored on appeal ; the Court, considering that the loss was unavoidable and the calamity common to both ship and cargo, directed a moiety of the freight to be paid, thereby equitably dividing the loss.Ccj Again, in 27ie pMcdiM-iv^ a British ship was freighted from Liverpool to St. Martin's and Lisbon, to bring a cargo of fruit to Ireland, and was taken, on her return voyage, by a French priva- teer, off Falmouth, and afterwards recaptured and brought to Falmouth. The ship was restored on the 2nd of July. No claim was made for the cargo till the l7th of .July. Eestitution of the cargo did not pass till the 1 6th of November. It appeared that the ship did not wait for the cargo. It was held by Sir W. Scott, that the dissolution of the contract being due not to the owner of the ship, but to the owner of the cargo who was not ready to proceed, the ship was entitled to her whole freight.(o?) § 287. The Court of Admiralty has held, that where the Capture due capture is caused by the incapacity of the goods alone, the goods J^rg": freight owner cannot allege that the contract is not performed. But, recoverable. that if the non-completion is caused by the incapacity of the ship, the shipowner cannot demand the freight, for which he stipulated only on the performance of his contract.(e) Thus, an American ship, with a British licence, entered the port of Amsterdam whilst it was blockaded by a British squadron, and the master having discharged his cargo loaded another, which was improperly documented, and sailed with it so documented. The ship was taken and carried into an English port, and afterwards restored without her cargo. It was held, that the master was entitled to his full freight and expenses, as the cargo was the sole occasion of the ship being 8topped.(/) But, where a cargo belonging to English merchants was shipped Fault of sUp, on a Swedish ship to be conveyed to Venice, and after sailing, /g^'^Yerable. (h) See per Sir W. Scott, Tlie, Martlui, (d) TU Racehorse, 3 C, Hob. 101 ; see 3 C. Bob. at p. 107. There ocerns no also 2%« EamUtm, cited in The Martha, rca»™ why in cane of war, and the juris- ih. 107 n. diction of a Prize Court being conferred on («) See per Sir W. Scott, The FoHuna, the Admiralty DiviMon, that Court should Edw. 67; Maude and Pollock, 4th ed. not tiiLeriAHe the name discretion. .^74. (c) Tlte Friend), Edw. 246. (/') TIm ■^'"'''"'< 2 C. Bob. 124 ; The Proajper, Edw. 72. 196 CHAP, v.— THE MASTER'S DUTIES RESPECTING THE CARGO. Captors, when entitled to freight. Captor of goods in neutral ship required to pay freight. Unless ship guilty of breach of neutrality. the ship was obliged by bad weather to put into Falmouth, where she was detained under an embargo against Swedish ships, but her cargo was restored to its owners, it was held, that they were not liable to pay freight, it being the fault of the ship that the voyage had not been performed, but that they were bound to pay the expenses incurred by the ship on account of the cargo.(y) § 288. The Court of Admiralty held, that captors, who per- formed the contract by carrying the goods to their destination, were usually entitled to freight ;(A) and in some cases that they were entitled to freight, although the voyage had not been performed. Thus where the goods were not carried to the actual port of destination in Holland, but were brought to England, whither the owners had intended them to come finally, and whither they would have been consigned at first but for regula- tions of the Dutch Government, which prevented their being brought here direct, the Court held, that they had been brought to their real, although not to their nominal destination, and that freight was therefore due.(i) And in the case of American ships bound to France or Holland and brought into English ports in consequence of the prohibitory law in force during the war, where the owners of the cargoes elected to sell here, the Court held that the full freight was due.(^) § 289. If a neutral ship, having enemy's goods, was taken, the captor paid the whole freight, because he represented the enemy by possessing himself of the enemy's goods jure belli, and although the whole freight had not been earned by the com- pletion of the voyage ; yet, as the captor by his act of seizure had prevented its completion, his seizure operated to the same effect as an actual delivery of the goods to the consignee, and subjected him to the payment of full freight.(Z) But, if the neutral ship was guilty of a departure from neutral conduct, as by carrying on for the enemy his coasting or colonial trade when it was not open to all the world ;(m) by acting in his revenue service ; by trading between the ports of allied enemies with false papers ; • or by destruction of papers, at least if accom- panied by prevarication, falsehood, or other acts of mcda fides,(n) (cj) The Isabella Jacdbina, 4 C. Rob. 77 . See also The Worldshorqaren, ib. 17. (h) The Fortmia, 4 C. Rob. 278 ; Tlie Diana, 5 ih. 67 ; The Vrow Anna Oatha- rina, 6 ib. 269 ; The Prosper, Edw. 72. (i) The Diana, 5 C. Rob. 67. [k] The Friends, Edw. 246. (I) Per Sir W. Scott, The Copenhagen, 1 C. Rob. 289, 291 ; The Bremen Flugge, 4 C. Rob. 91 ; The Prosper, Edw. 72, 76. (m) The Emanuel, 1 C. Rob. 296; The Bebecca, 2 ib. 101 ; The WUhelmina, ib. (note) ; The Atlas, 3 ib. 304, and note ; Maolachlan, 4th ed. 520. (re) The Bising Sun, 2 C. Rob. 104, 108 ; The Anna Christiana, Hay &Marr., 161 ; Maclachlan, ubi sup. §§ 290-297.— HIS LIEN FOR FREIGHT, ETC. i qij. no freight was awarded. Nor was it allowed if the goods were contraband by the law of nations, and the master was not allowed to set up as a defence, or an excuse, his ignorance of the contents of his cargo, since he is legally bound in time of war to know the contents. If a different rule could be sustained, it might be applied to excuse the carrying of all contraband, (o) In the case of a neutral ship trading between the ports of allied enemies, the claim for freight was, in the absence of aggravating circum- stances, not altogether refused, but postponed to the captor's claim for his expenses. (_25) The Master's Lien on the Cargo, at Common Law, for Freight, Passage-money, and Average Contributions. § 290. If the goods are safely carried and freight earned, (§') Master's the shipowners and their agent, the master, have " a lien " on the ''1'.®°" ^°'^ goods for the amount of the freight. In other words, they have a right to retain possession of the goods, and cannot be compelled to part with them until the freight is paid.(r) And this is equally so where the freight is made payable " on the delivery of the cargo," so that the payment of freight and delivery of the cargo are concurrent acts.(s) The law gives this lien without any provision for it being made either in the bill of lading or otherwise. (i') But in the case of a chartered ship the lien for the chartered freight may, as will be seen, be aflfected by bills of lading signed by the master.(i) Even where goods have been placed by the shipowner on his Where goods own account in his own ship, under bills of lading naming a cer- snipped on tain rate of freight, although, so long as he retains the bills of account, and lading and the goods are deliverable to him, no freight will be alsWd^*^^"^ payable, it becomes so if he makes third persons the consignees or indorsees of the bills of lading, so that the goods become deliverable to their order. And against such persons and their assigns the master is entitled and bound in the interest of his owners, or of others to whom they may have assigned their right to the freight, to require payment of it before parting with the goods.(M) It would be otherwise, however, if the goods were by (o) The Mercurivs, 1 C. Bob. 288 ; {t) Infra §§ 302-310. Tlie Ostor Bisoer, 4 C. Rob. 199. (u) Weguelin v. Oeliier, L. R. 6 H. L. {p) The Vrow Henrica, 4 C. Rob. 343, 286 ; but where the named rate of freight 347. is merely nominal, no higher rate can he (q) As to when freight is earned, see required, although the shipowners may §§ 268-275 supra. have agreed with the purchasers of the (r) Kirchner v. Venus, 12 Moo. P. C. C. cargo that the freight shall for certain 361 ; How v. Kirchner, 11 Moo. P. C. purposes be taken to be at a higher rate ; 21 ; Tlie Cargo ex Galam, B. & L. 167. Keith v. Burrows, 2 C. P. D. 163 ;■ 2 Ap. (s) The Eriergie, L. R. 6 P. C. 306, 314 ; Ca. 636 ; revg. 1 C. P. D. 722. Tate V. Meeh, 8 Taunr. 280 ; Yates v. JBailston, ib. 298. 198 Consignor's liability con- tinues if lien not enforced. Cases in whicli there is no lien: Goods not carried. Advance freight. Freight payable after delivery of cargo. Limits of the master's right of lieu for freight. What goods he may detain. Can lien be transferred on transhipment. CHAP, v.— THE MASTER'S DUTIES RESPECTING THE CARGO. the bill of lading expressed to be carried " freight free " on owner's account. («) But the master is not bound to exercise his lien for the benefit of the consignor, and his failure to do so does not put an end to the consignor's liability for freight.(2/) § 291. Where no freight is due, as where the master is unable or unwilling to carry the goods to their destination,(«) there is of course no lien. And where the carriage of the goods is prevented by the default of the shipper, so that the shipowner becomes entitled to compensation for the loss of freight and advance freight, a clause in the charter-party giving a lien for freight gives no lien for such compensation, (a) Nor is there, even after carriage of the goods, any lien for freight payable in advance, where it has not been paid according to the contract, (&) or where the charterer, having given his acceptance for it, has become insolvent before delivery of the cargo, and without having taken up the acceptance ;(c) unless, of course, the parties have by their contract expressly created a lien.((^ The same rule was applied when freight was, by the bill of lading, payable at the port of destination, ship lost or not lost.(e) And if a shipowner stipulates that the freight shall not be paid until after the delivery of the cargo, neither he nor his master can claim a lien on the cargo for the freight, in the face of his agreement ;(/) and the same rule was applied where the freight was made payable " two months after the vessel's inward report. "(^) § 292. The master may detain any part of the merchandise, consigned under one contract to one person and carried on the same voyage, for the freight of all so carried. But if goods, even of the same owner, are sent in the same ship, under different con- tracts to carry, with different termini, no lien attaches for freight under one contract upon goods shipped under the other. (Zi.) Whether a shipowner, and his agent the master, if obliged to tranship the goods, can at the same time transfer the lien, which they would have had for freight, if they had conveyed them to (a) See Mercantile, BanJe v. Gladstone, L. E. 3 Ex. 233. ((/) Shepard v. De Bernales, 13 East, 565; Domett v. Beckford, 5 B. & Ad. 521 ; § 268 svpra. (a) Supra §§ 269-273. (ffi) Ex p. Nt/holm, re Child, 43 L. J. Bk. 21 ; Birley v. Gladstone, 8 M. & S. 205. (6) Kirchner v. Venus, 12 Moo. P. C. 361 ; How V. Kirchner, 11 Moo. P. C. 21 ; Gardner v. Trechmann, 15 Q. B. D. 154 ; not following NeisK v. Graham, 8 B._& B. 505 and the dicta in CriUeison v. Middle- ton, 2 C. B. N. S. at p. 153. (c) Tamvaco v. Simpson, L. R. 1 C. P., 363. (d) See GiUdson v. Middleton, 2 C. B. N. S. 134. (e) Nelson v. Tlie Association, &c., 43 L. J. C. P. 218 ; cp. Tlwmpson v. 8maU, 1 C. B. 328. (/) Foster V. Colhy, 3 H. & N. 705 ; How V. Kirchner, uhi sup. ; Lucas v NocMls, 4 Bing. 729, 741. ((/) Alsager v. St. Katherine's Dock Co., 14 M. & W. 794. (h) Angell on Carriers, 378 ; Bernal v. Pirn, 1 Gale, 17 ; Sodergren v. Flight, cited in Hanson v. Meyer, 6 East, 622 ; Abbott. ISIhed. 446. §§ 290-297.— HIS LIEN FOR FREIGHT, ETC. jjqq their destination, is not decided. Good sense would seem to suggest that this should be so. But at all events, the shipowner or master who so tranships can transfer no greater right of lien than that which he himself possesses. (i) The owner of a ship has a right to commit to any person Master cannot, abroad the office of collecting the freight. If the shipowners send ?' superseded an order to a house abroad to collect the freight, that takes the freight, enforce freight out of the hands and control of the master. And in such "' case he could not detain the cargo for freight. (/{;) § 293. There are certain other matters in respect of which the Other liens, master may enforce a lien, though it is not provided for in the contract of affreightment. Thus he has a lien for the recovery of passage-money upon the luggage of a passenger, and upon any For passage- other property such passenger may have on board. But he has no ™™ey- lien on the passenger himself, nor on the clothes which he is actually wearing when about to leave the ship.(Z) § 294. And where a master, in order to preserve cargo from For expenses a danger which has not arisen from any default of the shipowner g°^],go°ana° or his servants, properly incurs extraordinary expense, or makes a general sacrifice in taking such measures as a prudent man would think ^'^^''^Se- most conducive to the benefit of the cargo-owners concerned, he has a lien on all the goods for whose preservation the expense is incurred or sacrifice made. And this is equally the case whether the expense or sacrifice is for the preservation of particular goods,(m) or for the safety of the whole adventure so as to be the subject of a general average contribution. (ra) § 295. To give rise to a lien for general average, the expense When the or sacrifice must have been incurred or made voluntarily for the "f„gj,jj general preservation of the whole adventure, or at least for the average con- preservation of more subjects than one, from some real or immedi- ^^^^ ately impending danger. (o) No right to contribution, and therefore no lien, arises if that which has been cut away or thrown overboard was " virtually a wreck and valueless at the time it went over." In such a case there is in fact no sacrifice. (2?) And if the jettison be improper, (g) or necessitated by the fault of the shipowner or his servants,(r) (j) Matthews v. Gihis, 3 E. & E. 282. Kemp v. Halliday, 6 B. & S. at p. 746 ; (/c) The Mmond, Lush. 57, 63. Tlie Brigella, ^ T. L. E. 399, § 244, note \l) Wolf^. Summers, 2 Camp. 631. (x) supra. The maritime adventure is (m) Eingston v. Wendt, 1 Q. B. D. not at an eiid until all the goods are de- 367. livered. Wldteaross Wire Co. v. SavUL, (b) Gargo ex Galam, B. & L. 167 ; per 8 Q. B. D. 653. Lord Tenterden, Scaife v. Tobin, 3 B. & (p) Shepherd v. Kottgen, 2 C. P. D. Ad. 523'; Oroohs v. Allan, 5 Q. B. D. 678, 585. 88 ; per Lord Bsher, M.E., Suth v. Lam- (q) Carver, § 15 ; per Willes, J., Notara port, 16 Q. a. D. 736 ; seoj however, per v. Henderson, L. E. 7 Q. B. at p. 236. JMathew, J., S. C, ib. 444. • See §§ 243- (r) Schloss v. Heriot, 14 C. B. N. S. 246 snpra. 59 ; Strang v. Scott, 14 Ap. Ca. 601, 608 ; (0) Arnould, § 328 ; per Blackburn, J., Burton v. English, 12 Q. B. D. 218. 200 Examples ot general average losses. What are general average expenses. CHAP, v.— THE MASTER'S DUTIES RESPECTING THE CARGO. he will not be entitled to contribution from the cargo-owners' and further, as we have seen, will be liable for all loss occasioned to them thereby, unless protected by the terms of his contract.(s) The fact that the jettison was necessitated by the negligence of the shipowner's servants does not, however, deprive the cargo- owners of their right to contribution. (^) The following examples sufiSciently illustrate the kind of sacri- fice which gives rise to a general average claim : — jettisoning cargo, or cutting away masts, rigging, or furniture of the ship ;(«) pouring water upon the cargo for the purpose of extinguishing a fire ;(a3) scuttling the ship for the like purpose ;(?/) burning spars, cargo, or ship's stores as fuel for the donkey engine used in pump- ing the ship, when her coal had run short, and she was in danger of sinking, the voyage having been commenced with a reasonable supply for pumping purposes, (a) § 296. More difficult questions arise in determining what ex- penses give rise to a general average claim. The general principle is that " the loss immediate and consequential caused by a sacrifice for the benefit of cargo, ship and freight, should be borne by all. "(a) Two recent cases will sufficiently illustrate this principle, and the difficulties attending its application. In Atwood V. Sellar,(b) the ship was compelled, in consequence of a general average sacrifice — viz., the cutting away of her fore-top- mast — to put into a port of refuge and there repair the injury. It was held that the expenses, not only of repairing the injury, and necessarily unloading the cargo for that purpose, but also of warehousing and reloading the cargo, and of pilotage and other charges in leaving port, were the subject of general average ; and it was doubted by the Court whether expenses for wages and provisions while in the port of refuge might not also consti- tute a claim for general average, (c) In Svendsen v. WaUace,(d) on the other hand, the ship was compelled by reason of a dangerous leak, for the safety of the (s) It has been held that where the ship- owner is excused by his contract from liability for the negligence of his servants, he may recover an average contribution in respect of a sacrifice of his property necessitated by such negligence. The Oarron Park, 15 P. D. 203. The correct- ness of this decision has, however, been doubted. See Carver, § 373 c. (*) /Strang v. Scott, 14 Ap. Ga. 601. (m) Phillips, 1279 ; see §§ 243-245 supra. As to when deck cargo is the sub- ject of general average, see § 251 supra. (x) Whiteoross Wire Co. v. SavUl, 8 Q. B. D. 652. [y) Achard v. Bing, 31 L. T. 647. In StewaH V. West India, &c. ,8.8. Co. , L. R. 8Q.B.88, 362, a contrary custom of British average staters was allowed, under the terms of the bill of lading, to prevail. The custom appears to have been since aban- doned. See note to report of the case in 2 Asp. p. 32. (z) BoUnson v. Price, 2 Q. B. D. 91, 295 ; Harrison v. Bank of Australasia, L. R. 7 Ex. 39. But the cost of coal pur- chased on the voyage under the like cir- cumstances is not chargeable to general average. S. CC, see 2 Q. B. D, at p. 95. [a) Per the C. A., Atwood v. SeUar, 5 Q. B. D. at p. 289. (6) 5Q. B.D. 286. (c) 5Q. B. D. at p. 291. {d) 13 Q. B. D. 69; 10 Ap. Ca. 404. §§ 290-297.— HIS LIEN FOE FREIGHT, ETC. OQI whole adventure, to put into a port of refuge and there land the cargo. It was held that though the expense of doing these things, which were for the general safety, was the subject of general average, yet the expense of re-shipping the cargo, and of pilotage and port dues outwards, being necessary, not for the safety of the cargo, but in order to enable the shipowner to fulfil his contract, must be placed on the same footing as the cost of the repairs, which admittedly were consequent upon a particular average loss, and properly chargeable to ship alone. The principle underlying the decision in the last-mentioned case is that the shipowner is not entitled to charge to general average expenses incurred for the purpose of earning his freight. A more simple example is supplied when, after the goods are in safety, expense is incurred in floating a stranded ship. Such expenses are not, at least in the absence of special circumstances, the subject of general average, (e) Where by reason of a breakdown of machinery the master Amount pay- properly, for the preservation of the whole adventure, enters into g^lva^ agree a salvage agreement with the master of another ship, the salvage ment. remuneration may be the subject of general average. The amount agreed upon is not, however, necessarily the amount in respect of which the contribution is to be made ; and in case of dispute it is for the jury to determine whether the whole amount agreed upon, or what proportion of it, is properly chargeable to general average.(/) § 297. But although the master has a right to insist on de- Average bond, taining the cargo until the amount due for general average has been paid, this amount cannot be accurately known until after adjustment, which may involve considerable delay. In enforcing his Ken therefore the master incurs two risks : that of asking too much, which would render him liable to an action for wrongful detention ;(^) and that of asking too little, which will leave the shipowners to some extent unsecured, and may involve them in a liability to consignees who have to receive a contribution. (7t) In the case, therefore, of a general ship, where the consignees Average bond, are numerous, the more usual course is for the master, before he delivers the goods, to take an average bond or agreement from the different merchants or their agents (i) for payment of their (e) WaltJiew f. Mavrojani, L. E. 8 Ex. (h) SeeSuthv.Lamport,16Q.'B.D.44o, 116 ; Joh V. Langton, 6 E. & B. 779 ; -8. per Mathew, J. ; ib. 736, per Lord Esher, 31. S. Packet Co. v. E-nglish Bank of M.E. ; Crooks v. AUan, 5 Q. B. D. 38. Bio Janeiro, 19 Q. B. D. 362 ; see also (i) An agent entrusted with bills of Schuster v. Fletcher, 3 Q. B. D. 418 ; lading for the purpose of obtaining pos- SaUett T. Wigram, 9 C. B. 580. session of the cargo is impliedly autho- (/) Anderson v. Ocean S.S. Co., 10 rised to bind the cargo-owner by an App. Ca. 107. agreement to pay, on condition of its being (a) Tlie Norway, B. & L. 377 ; The delivered, charges for which there is a Eneraie, L. R. 6 P. C. 306. Ken upon it ; Eingston v. Weiidt, 1 Q. B. •^ D. 367. 202 CHAP, v.— THE MASTER'S DUTIES BESPECTING THE CARGO. proportion of the average when the same shall be adjusted.(^) But as he is not entitled to exercise his lien for an excessive amount, so he is not entitled to insist on a bond which is un- reasonable. (^) Subject to this it is, in such a case, not only his right but his duty to obtain proper security, and to take the necessary steps to obtain an "adjustment" of the different rights and liabilities. If he fail to do so, and by reason of such failure those consignees who are entitled to receive are unable to obtain payment of their contribution, the shipowners, and, as it would seem, the master will be liable to an action for the omission, (to) Liens created by express contract. Lien clause. " Dead freight " • what it is. Ziens hy Express Contract for Dead Freight, Berrmrrage, &c. § .298 In the absence of express agreement or usage, the shipowner and master have no lien on the goods for demurrage ;(w) or for wharfage ;(o) or for pilotage or port charges ;(j3) or for damages for short loading, whether liquidated or unliquidated, and sometimes described in the charter-party under the term " dead freight " •,(q) or for damages for breach of covenants contained in the charter-party. (r) And no special lien can be obtained by usage, unless both parties to the agreement were cognisant of the usage when the agreement was entered into.(s) But by agreement the shipowner's and master's lien may be either extended or wholly excluded and abandoned. Thus a lien is frequently reserved by a clause in the contract, not only for freight and average, but also for " dead freight " and demurrage.(i) § 299. The meaning of the term " dead freight " has been the subject of much discussion, and the opinions that have been ex- pressed upon it are not easy to reconcile. It is, however, clear from the case of McLean v. Fleming {u) that where the amount to be paid for short loading is so fixed by the charter-party as to be ascertainable by calculation, a lien for it may be created under the description of a lien for " dead freight." And the House of Lords in that case, adopting the language of Lord EUenborough (Jc) Abbott, 13th ed. 446 ; Oroohs v. Allan, uhi sup. (I) Eutk V. LampoH, 16 Q. B. D. 443 ; 735. (m) Oroohs v. Allan, uhi sup. ; but the master is not bound to exercise a lien on the cargo for the benefit of salvors of ship and cargo; The Maishy, 10 P. D. 114. (w) Abbott, 13th ed. 245; Phillips v. JBodie, 15 Bast, 547. (o) Sislwp V. Ware, 3 Camp. 360. (p) Faith V. East India Co., 4 B. & Aid. 630 ; Abbott, 13th ed. 245. (q) Phillips V. Eodie, 15 East, 547 ; Gray v. Carr, L. R. 6 Q. B. 522. (r) Bvrley v. Gladstone, 3 M. & S. 205 ; Angell on Carriers, 383; Abbott, 13th ed. 245. (s) Per Lord EUenborough, C.J., 15 East, at p. 554. (t) In Hich V. Rodocanachi (1892), 2 Q. B. 626 (affd. (1893) A. C. 22, sub. tit. Hick V. Raymond), the lien reserved by the charter-party was " for freight, dead freight, demuiTage, and lighterage at the port of discharge, and average." (m) L. R. 2 H. L. Sc. 128; note to Gray V. Garr, L. R. 6 Q. B. 558. •§§ 298-300.— LIENS KOK DEAD FREIGHT AND DBMURBAGE. 203 in Phillips v. Bodie,{x) laid it down that unliquidated damages for not loading a full cargo may properly be described as " dead freight."' In Gray v. Oarr,{y) however, a majority of the Exchequer Chamber declined to adopt this opinion, pointing out that it was not necessary to the decision of the case before the House of Lords, the damages being there ascertainable by calcu- lation. A careful perusal, however, of the reasons given by the learned lords who decided McLean v. Fleming seems to show that their decision is not susceptible of this explanation. (3) § 300. Where a lien is given for demurrage, the meaning Lien for attached to the word demurrage in the lien clause is the meaning demiwrage. which it has in other parts of the contract of affreightment. (a) The extent of the lien clause for demurrage has been the subject of much litigation and of numerous judicial decisions. The following rules with regard to it may now be stated with tolerable confidence : — (1) Where the contract of affreightment provides for demur- Eules for con- rage, in either sense of the word, at the port of loading, and ^^g" fo°° "^^^^ demurrage in that sense is incurred there, if a lien for demurrage demurrage. is given by the contract in general terms, it extends to demurrage at the port of loading as well as at the port of discharge. (&) (2) Where the contract of affreightment provides for demur- Construction ... c T 1 T i 1 of lien for rage, m either sense, at the port 01 discharge, but makes no demurrage. provision for demurrage at the port of loading, a lien in general terms for demurrage does not extend to unliquidated damages for detention at the port of loading.(c) (3) Where under the contract the period allowed for dis- charging is fixed either absolutely or by reference to the tonnage of the ship, no provision being made as to the time to be occupied in loading, a clause fixing in general terms the demurrage, in the sense of the rate of compensation for undue detention, to be paid, does not relate to the loading. In such a case, therefore, a demurrage lien cannot be exercised to enforce payment for deten- tion beyond a reasonable time- at the loading port.(rf) {x) 15 East, 547. Pacifie, e&c, Co. 2 Q. B. D. at p. 247, per (2/) Gray v. Garr, L. E. 6 Q. B. 522, Mellish, L.J. For the different meanings 541, per Brett, J., following Pearson v. of the word demurrage see § 152 supra. Qoschen, 17 C. B. N. S. 352. Bramwell, (h) Francesco v. Massey, L. R. 8 Ex. B., seems to favour the view that, "dead 101 ; Oray v. Carr, L. E. 6 Q. B. 522_; freight " should in strictness be applied Kisk v. Cory, L. R. 10 Q. B. 553 ; Besti- only to a liquidated sum, but that like tution S.8. Go. v. Pirie, 64 L. T. 491 (n) ; "demurrage," it may also be used in a Bannister v. Mreslauer, 1j. E. 2C. P. 497. more popular sense, to cover unliquidated (c) i/0c7c/iart v. jPaH;, L.E. 10 Ex. 132 ; damages for short loading, L. E. 6 Q. B. Lister v. Van Haansherger, 1 Q. B. D. pp. 549, 551. 269, 273, per Blackburn, J. ; Ghnk v. . (z) See especially per Lord Westbury, Radford, (1891) 1 Q. B. 625 ; Gardiner L. E. 2 H. L. So. at p. 134, and Lord y.McFarlane, 16 Sess. Ca. (4th ser.) 664 ; Colonsay, at p. 138. Dunlop -v. Balfour, (1892) 1 Q. B. 507. {a) Ghnky. Radford, (1891) 1 Q.B. 625. (c^) Dunhp v. Balfour, (1892) 1 Q. B. See per Ld. Esher, M.R., at p. 629 ; per 507 ; Lochliart v. Falk ,L. E. 10 Ex. 132 ; Bowen, L.J., at p. 631. Sanguinetti v. Glinh v. Radford, 1891, 1 Q. B. 62o. 204 CHAP, v.— THE MASTER'S DUTIES KESPBCTING THE CAEGO. Construction of lien for demurrage. The following propositions must be stated with less confidence thanj|the foregoing : — (4) Where demurrage, in the sense of compensation for an allowed detention, is provided for, and a lien for demurrage created, by the contract, and the vessel is detained beyond the demurrage days, the lien extends only to demurrage proper, and not to damages for detention beyond the demurrage days.(e) The present Master of the Eolls has on several occasions stated that he would be prepared to hold the contrary of this proposition.(/) On none of such occasions, however, was this opinion strictly necessary to the decision of the case before the Court, nor does the fact that a majority of the Exchequer Chamber had expressly decided the contrary in Gray v. Garr (g) appear to have been present to his lordship's mind. (5) Where the contract makes no provision for the payment of demurrage at either loading or discharging port, and at the oame time creates in general terms a lien for demurrage, it has been held that such a lien maybe exercised to secure the payment of damages for detention at the port of loading.(A) The correct- ness of this decision has been much questioned, and it is only to be supported, if at all, " on the ground that no other meaning can be given to the word demurrage in that charter-party, and no other extent to the lien to be created, than by including in the word ' demurrage ' damages for detention."^ If the precise question raised in Bannister v. Breslauer is ever raised again, it seems doubtful whether that case will be followed — at any rate if the lien clause is part of a general printed form, containing blanks for the insertion of particular provisions, so as to enable the Court to infer that it was left standing per incuriam and has " no appli- cation at all and therefore no meaning " with reference to the particular provisions that may have been inserted in the case under consideration. (/!;) For a converse case, see Francesco v. Mcissey, L. E. 8 Ex. 101, where there wag a clause fixing the number of lay days for loading, and another clause prescribing the rate of discharge, followed by a stipu- lation for days on demurrage, which the Court seems to have assumed to relate to the loading as well as the discharging. (e) Gray v. Oarr, L. E. 6 Q. IB. 522. (/) KUh V. Cory, L. E. 10 Q. B. at p. 560 ; Sanguinetti v. Pacific, &c. , Co., 2 Q. B. D. at p. 252 ; Harris v. Jacobs, 15 Q. B. D. at p. 250. ' ' L. E. 6 Q. B. 522. Bannister v. Breslauer, L. E. 2 C. P. 497 ; accepted as law in Francesco V. Massey, L. R. 8 Ex. 101, and per Lord Coleridge, C.J., in Kish v. Cory, L, E. 10 Q. B. at p. 558. (i) Per Bowen, L.J. , Olinh v. Radford (1891), 1 Q.B. at p. 631 ; per Lord Esher, M.E., at p. 629. And see per Biett, J., in Gray v. Garr, L. R. 6 C. P. at p. 536 ; per Channel], B., S.C. p. 546; and per Cockburn, C. J., Ohristoffersen v. Hansen, L. R. 7 Q. B. at p. 515. {h) See per Kelly, C.B., in Gray v. Garr, L. E. 6 Q. B. at p. 557 ; but see McLean v. Fleming, L. E. 2 H. L. Sc. 128, 138, per Lord Colonsav. §§ 301-310.— HIS LIEN WHEN THE SHIP IS CHARTEEED. 205 What Lien the Owner and Master have when the Ship is chartered. § 301. In order that the shipowner and the master as his Possession is agent may, without express agreement, retain their lien on the 5'.^^®''*i*l '° goods, it is necessary that they should be legally in possession of the ship ; for a person who has not, in law, the possession of the goods, cannot have a lien on them, unless such right has been expressly reserved. It follows, that when the owner of a ship when demises it and gives up the possession of the ship to the popsession of 1 i. • 1 ii i ii 11. ^"P given to Charterers, m such a way that the master ceases to be his servant charterer and becomes the agent of the charterers, although the master ^"^u^i'^f will still have a lien for the freight for his new principals the charterers, the shipowner will have no such lien on the goods, unless he has expressly reserved it by agreement.(m) The shipowner's lien depending in these cases upon his possession of the ship, the real question always is, whether, having regard to the whole of the charter-party, it was the intention of the parties that the owner should part with the control over the ship for a given time, or that he should retain the possession and allow the charterer the use of her. The Courts, however, now require that strong and distinct terms shall be used before they will put a construction upon the agreement which will deprive the shipowner of his lien. But although by the terms of some charter-parties the owners retain such control over the ship as to be considered in the legal possession of ship and goods during the voyage, by means of the master and crew as their servants, and consequently have a lien upon the latter for the stipulated hire of the ship;(%) there have been, on the other hand, many charter-parties which contain such apt and comprehensive words that the whole possession and control of the ship was considered to be thereby actually trans- ferred from the owner to the charterer.(o) Where, for example, the ship is let for a term of years, and the lessee is to appoint and pay the master and crew, and provide for the repairs, the possession has been held to pass to him.(^) But mere words denoting a demise of the ship do not, on the one hand, necessarily preclude the conclusion, that the possession {I) Abbott, 13th ed. 245; Huttcm v. (o) See BaumvoU, dhc, v. Gfilchrest Bragg, 7 Taunt. 14 ; dissented from as (1892) 1 Q. B. 253 (revg. [1891] 2 Q. B. regards the application of the principle in 310); (1893) A. C. 9; Vallejo v. Christie v. Leiins, 2 B. & B. 410 ; see Wheeler, 1 Cowp. 143 ; Trinity Souse v. pp. 442, 443, and p. 425 ; Angell on Clark, 4 M. & S. 288 ; BdcUr v. Capper, Carriers, 376. 4 M. & G. 502 ; Beeves. Davis, 1 A. & E. (m) 'Small v. Moates, 9 Bing. 574, 589. 312. See also Sutton v. Bragg, 7 Taunt. \n) Angell on Carriers, 376 ; SaviUe v. 14, which, however, was not followed in Campion, 2 B. & Aid. 508 ; Christie v. Christie v. Lewis, 2 B. & B. 410. Lewis, 2 B. &B. 410 ; Campion v. Colvin, (p) Fowler v. Kymer (or McTaggart), 3 B. N. C. 17 ; Savdeman v. Scurr, L. E. cited 3 Bast, 396. 2 Q. B. 86. 206 CHAP, v.— THE MASTER'S DUTIES RESPECTING THE CARGO. What lien the of the ship has continued in the owner himself. While, on the master°haTe"'^ other hand, although the charter-party contain no words of actual ■when ship is demise, there may be stipulations in it equivalent in their effect to an actual parting with the possession of the ship pro hdc vice ; and the mere fact that the owners have appointed the master affords no presumption that they intend to retain possession of the ship. (2) " It must be admitted," says Tindal, C. J., " that there is some contradiction in the authorities bearing upon the right of lien in the owners of a ship which is chartered, and that in the later cases the terms of actual demise have not been considered as affording so decisive a criterion of the intention of the contracting parties as was supposed to belong to them in the case of Sutton v. Bragg.if) But when the several cases are closely examined, it will be found that the apparent conflict of authorities in this instance, as in all other questions arising upon the construction of written instruments, arises more from the variety of terms employed by the parties themselves in framing their contracts, than from difference of opinion in the judges who interpret them ; for in each of the cases in which the shipowner's lien has been supported, notwithstanding terms in the charter-party of express demise, other stipulations will be found therein which are sufficient to rebut the inference that the owners meant to part with the possession of the ship. Thus in Mitchell v. Scaife,(s) Birley v. Gladsto7ie,{f) Yates v. Bailstoii,(it) and Christie v. Lewis,(x) there were terms that showed that the payment of the hire of the ship was to be either precedent to, or concomitant with, the delivery of the goods ; whereas in Smudl v. Moatesfyj) the lien of the owner was expressly reserved by the charter-party. In each case, the whole of the charter-party must be taken together and due effect given to the several clauses that counter- act or qualify each other ; and thus it often happens, that the same expression will bear different meanings and require a different interpretation, according to the context of the instrument in which they are found." (») The safest course for the shipowner to pursue in cases where he lets his ship by charter-party and wishes to preserve his lien, is, to reserve that right to himself, by an unequivocal declaration of intention in the charter-party, that he will retain the right of {a) Newherry v. Cohin, 7 Bing. 190 ; («) 8 Taunt. 293. Colvin V. Newherry, 1 C. & F. 283, . (a) 2 Brod. & B. 410. revg. S.C.8 B. &C. 166 ; and see per Lord (y) 9 Bing. 574. Esher, M.R., (1892) 1 Q. B. at p. 259. (») BelcJier v. Capper, 4 M. & Gr. at (r) 7 Taunt. 14. p. 540 ; op. per Tindal, C.J., in Bean v, {«) 4 Camp. 298. Bogg, 10 Bing. 345, 350. (t) 3 M. & S. 205. . §§ 301-310.— HIS LIEN WHEN THE SHIP IS CHARTERED. 207 lien upon the lading of the ship. And this course is now generally adopted. § 302. The amount of freight for which a lien may be For what enforced depends of course upon the contract between the parties; a™o™t?f and, where the amount of freight reserved is merely nominal, the irenforoeable goods being shipped on owner's account, the shipowner cannot, by a subsequent assignment to a third person, create a right to freight at any higher rate than that reserved by the bill of lading.(a) But As against in cases where the freight payable under the charter-party differs ^^arterer or from that mentioned in the bill of lading, doubts have in some cases been entertained as to which amount could properly be insisted on before delivery of the goods. Where the charterer or his agent is also the consignee, and seeks delivery of his own goods, no such difficulty need arise ; for as between him and the shipowner the charter-party is the contract, and the bill of lading is only a receipt for the goods.(6) He is therefore not entitled to delivery except upon payment of the freight stipulated in the charter-party, no matter what may be the contents of the bill of lading. The same rule is applicable when the bill of lading is pre- sented by the charterer's agent,(c) unless he holds it as security for advances so as to be in the position of an indorsee for value, (c?) § 303. If, however, a bill of lading given by the master of As against goods shipped by or on behalf of the charterer, gets into the assignee for hands of an assignee for value, he is entitled to delivery of the goods upon fulfilling the terms mentioned in the bill of lading. And it is immaterial, whether the indorsee in such case holds the bill of lading as purchaser of the goods therein mentioned, or as pledgee to secure advances made ".gainst it to the charterer.(e) It was at one time held that where the bill of lading was indorsed by the charterer, not for the purpose of transferring the property in the goods, but as security for advances, the indorsee having no notice of the charter-party, the lien might be enforced against the indorsee for the full chartered freight, at least in a case where it would have been reasonable, having regard to the provisions of the bill of lading, that the indorsee should make inquiry, before (a) Keith v. Burrows, 2 C. P. D. 168 ; 3 B. N. 0. 17 ; op. McLean v. Fleming, 2 A^.Ca. 636 ■,aTiid see MercantikBanJcY. L. E. 2 H. L. (So.) 128, at pp. 133, Gladstone, L. E. 3 Ex. 233. 136. (i) Bodoconaehi v. Milhurn, 17 Q. B. [d) See infra § 304. D. 316 ; 18 ih. 67 ; and ca.ies cited 17 Q. (e) See Fn/ v. Chartered Sank, L. B. D. at pp. 319, 320 ; Bestitution 8.S. E. 1 C. P. 689 ; Foster v. Colhii, 3 H. & Co. V. Rrie, 64 L. T. 492 (note), per N. 705; Ishand v . Satiderson, 4 ih. 389; Lord Esher, M.E. Gilldson v. Middleton, 2 C. B. N. S. 134 ; (c) Oledstanes v. Allen, 12 C. B. 202 ; per Willes, J., Chappel v. Comfort, 10 Faith V. East India Co. 4 B. & Al. 630 ; C. B. N. S. 810 ; per Byles, J., Kern v. Kern v. Deslandes, 10 C. B. N. S. 205 ; Deslandes, ih. 205 ; and see Howard v. Pearson v. Ooschen, 17 ih. 352 ; see also Tu^lter, 1 B. & Ad. 712, where the bill Tate v.Meeh, 8 Taunt. 280; Small v. of lading stated that the freight had been Mbates, 9 Bing. 574 ; Campion v. Colvin, paid at the port of loading. 208 CHAP, v.— THE MASTER'S DUTIES RESPECTING THE CARGO. As against charterer's agent who is under advances to him. advancing his money, as to the terms on which the goods were to be carried.(/) But at the present day it would require very strong words in the bill of lading to render a bond fide indorsee, without notice of the charter-party, liable for the freight payable under the charter-party for the whole cargo. Thus, in Fry v. Chartered, &c., Bank of India,(g) a charter- party contained the following clause : — " The ship to have a lien on cargo for freight, &?> 10 s. per ton of fifty cuhic feet, . . . . to he paid to the captain or his agent on right delivery at port of discharge .... the freight to le paid on imloading and right delivery of the cargo." The charterers shipped part of the cargo themselves under a bill of lading containing the following clauses: — " freight for the said goods payable in Liverpool as per charter-party." The charterers having indorsed this bill of lading to A., for valuable consideration and without notice of the charter- party, it was held, that as against A. the shipowner had a lien on the goods included in the bill of lading, for the freight due for these goods, at the rate of £3 10s. a ton, and not for the whole of the freight payable under the charter-party. And it was explained that the bill of lading referred to the charter-party for the purpose of determining what the rate of freight was, and not what was the total amount payable. § 304. In some of the earlier cases, where the bill of lading holder was the agent of the charterer, the fact that he was under advances, for which he held the bill of lading as security, did not alter his liability to pay the full charter freight, even where the master was authorised by the charter-party " to sign bills of lading at any rate of freight without prejudice to the charter- party ."(A) The tendency of later decisions has, however, been more favourable to holders of bills of lading, it having been ex- plained that the second part of this clause is not intended to render them liable to pay freight according to the charter-party, but merely to preserve the shipowner's right to recover it from the charterer, (i) And it may now be affirmed that, where the agent of a charterer, acting bond fide, holds a bill of lading for goods shipped by or on account of the charterer, as security for an advance made against it, he cannot be required to pay more freight than that mentioned in the bill of lading, if either he took it without notice of the terms of the charter-party, or it was given in pursuance of those terms.(^) {f) Small V. Moates, 9 Bing. 574 ; but see Poster v. Colby, 3 H. & N. at p. 717, per Bramwell, B. {g) L. E. 1 P. 689 ; per Montagu Smith, J., at p. 693. (h) Oledstanes v. Allen, 12 C. B. 202 ; Kern v. Deslamdes, 10 C. B. N. S. 205. (i) Per Pollock, C.B., Shand v. San- derson, 4 H. &. N. 389. (Jc) See Oilkison v. Middleton, 2 C. B. N. S. 134 ; Foster v. Colly, 3 H. & N. 705 ; Shand v. Sanderson, ih. 389 ; Fry V. Chartered, &c., Bank, L. E. 1 C. P. 689. §§ 301-310.— HIS LIEN WHEN THE SHIP IS CHARTERED. 209 § 305. Where the ship has been chartered in such terms that As against the owner retains his right of lien, and the charterer employs her sHppers and ■, , . , . . , r J those claiming as a general ship, the master signing bills of lading for the goods under them, of the various consignors, the shipowner's lien for freight will be ^geYb"^'^ enforceable for that amount only which is mentioned in the bill charterer as of lading : the principle being that a shipper putting his goods S®"^''''' ^'^'P- on board a ship, as a general ship, on the faith of a bill of lading signed by a person whom the shipowner has allowed to bear the character of master, in entitled to receive his goods at the end of the voyage on payment of the freight reserved by the bill of lading. The result is the same whether the right to delivery of the goods remains in the same person during the voyage, or is transferred to a stranger, to whom the bill of lading is indorsed for a valuable consideration. (Z) And the same principle has been applied as between a shipowner and a shipper of goods on a general ship, without notice of the charter-party, who took no bill of lading, but merely a receipt for his goods, (m) § 306. And this principle is not affected by a clause in the bill charter-party of lading incorporating by reference the conditions of the charter- rate of freight .J 111- • T- ^1 ^°^ mcorpor- party ; tor such a clause brings m only those conditions of the ated by refer- charter-party which are applicable to the contract in the bill of ?°'^^ '^ ^ , rn I- • ■ ■ inconsistent lading. Therefore, where goods were by bill of lading deliverable with that to named consignees, "freight .... payable at the rate of 22s. 6d. ™;iYonading. per ton," and the bill of lading contained a clause, " other con- ditions as per charter-party," and the charter-party provided inter alia for freight at the rate of £1 lis. 3d. per ton, and gave the master liberty "to sign bills of lading as presented, at any rate of freight," it was held that the rate of freight named in the charter-party was not incorporated in the bill of lading, and that the consignees were entitled to delivery of their goods on payment of the lower rate.(7i) Erom this decision it seems to follow that, as between ship- owners and shippers or consignees, and persons claiming under them, mere notice of a charter-party is not sufficient to entitle the shipowner to a lien for freight at the full charter-party rate.(o) In order to have this effect, it would seem that the notice must be sufficient to convey an intimation that the master's authority (l) See per Tinda], C.J., Small v, (n) Gardner v. Trechmann, 15 Q.B.D. Moateg, 9 Bing, 591, 592 ; per Cockburn, 154. The charter-party also contained C.J., Sandeman v. Scurr, L. E. 2 Q. JB. a provision for payment in advance of 97; Mitchell v. Scaife, 4 Camp. 298; the difference between bill of lading JFaith V. East India Co., 4 B. & Aid. 630 ; and chartered freight ; but this does not The JSmilien Marie, 44 L. J. Ad. 9. seem to have affected the decision on this {m) TheStm-noway, £ilL.J.Ad.27;«ee point, also Tharsis, c&c, Co. v. CuUiford, 22 (o) And see per Willes, J., Chappdv. W. R. 46, where the goods were shipped Comfort, 10 C. B. N. S. at P- 810- Cp., under a sub-charter, which did not pre- however, per Lord Romilly, M.R., Feeky. serve the liens of the original charter- Larsen, L. E. 12 Eq. at p. 383. party. 210 CHAP, v.— THE MASTER'S DUTIES RESPECTING THE CARGO. Liens con- ferred by charter-party when enforce- able against bill of lading holder. "^ Other con- ditions as per charterparty." Cesser of liability clause in the charter- party. Construction of cesser clause. to give bills of lading is limited, a fact whicli cannot at any rate be inferred from the mere existence of a cliarter-party.(25) § 307. In accordance with the principles above stated, if the charter-party gives the shipowner a lien for claims other than freight, such as dead freight and demurrage, this lien cannot, in general, be enforced against the owner and consignee of goods shipped under a bill of lading, or persons claiming by indorsement from him, unless it is expressly reserved by that document ;(§') though it is otherwise where the consignee is also, in effect, the charterer of the ship.(r) A provision for payment of freight as per charter-party is not sufficient for this purpose, (s) In order to preserve such a lien, the clause " and other conditions as per charter-party "(t) is frequently added in bills of lading immedi- ately after the stipulation for payment of freight. We have seen (u) that this clause is ineffective to vary the rate of freight named in the bill of lading. It is, however, sufficient to keep alive against bill of lading holders all liens created by the charter- party which are applicable to and not inconsistent with the terms of the bill of lading,(a;) its effect being " to introduce .... all those provisions of the charter-party which would have to be. per- formed by the receiver of the goods — that is, all the conditions which would operate as against the consignee."(2/) § 308. It is a common practice, especially where the charterer acts merely as an agent, to insert in charter-parties a " cesser of liability clause," more often called a " cesser clause," in some such terms as the following : — " Charterer's liability to cease on com- pletion of the loading, the owner having a lien for freight, dead freight, demurrage, and average." The accepted rule for the construction of this clause is that it relieves the charterer from all liability arising under the charter- party after the completion of the loading, or other event upon which the clause is expressed to take effect : — " The words of the clause must necessarily absolve from all future liability, or mean nothing,"(3) and that the charterer is relieved from every liability. iv) See per Bramwell, B., Foster v. CMy, 3 H. & N. at p. 717. (q) Per Willes, J., Ohappelv. Comfort, 10 C. B. N. S. 810 ; per Parke, B., Smith V. SieveKng, 4 E. & B. 945 ; 5 ih. 589 ; per Ld. Chelmsford, McLean v. Fleming, L. R. 2 H. L. So. at p. 133. {r) McLean v. Fleming, L. R. 2 H. L. (Sc), 128, 133, 136. (s) Chappel v. Comfort, vhi gap.; Smith V. ^veiling, 4 E. & B. 945 ; 5 ih. 689. (f) See this clause farther considered, infra § 345. (m) Supra § 306. \x) Accordingly the demurrage lien has been held to be incorporated in Wegen,er v. Smith, 15 C. B. 285 ; Porteoua v. Watney, 3 Q. B. D. 223, 534 ; Gray v. Carr, L. R. 6 Q. B. 522 ; q.v. also, as to " dead freight," per Cleasby, B., at p. 532 ; per Channell, B., at p. 544 ; per Bramwell, B. at pp. 552, 553 ; and per Kelly, C.B., at, p. 555. (y) Per Lord Esher, M.R., Serraino v. Campbdl, (1891) 1 Q.B. at p. 289. See further as to the effect of this clause on the rights and liabilities of bill of lading holders im/ra §§ 344, 345. (s) French v. Gerher, 1 C. P. D. 737 (per Cur. at p. 744) ; 2 i6. 247, per Bram- well, L.J., at p. 253 ; Oglesby v. Yglesias, §§ 301-310.— HIS LIEN WHEN THE SHIP IS CHARTERED. oil ■whether arising before or after such event, in respect of which the charter-party gives to the shipowner a lien on the cargo. In other words, the cesser clause in a charter-party is, in the absence of language showing an intention to restrict it,(a) at least co-ex- tensive with the lien clause in the charter-party ;(&) but is, as regards liabilities antecedent to its coming into operation, no wider,(c) unless perfectly clear and unequivocal language is used.((^) The extent and meaning of the lien clause has been already considered(e). The operation of the cesser clause is not affected by bills of Operation of lading having: been given which do not preserve the liens created cesser clause , , , / /.\ 1 1 • • "°' atfected by the charter-party,(/) unless perhaps m a case where the by subsequent taking of such bills of lading was itself a breach of the charter- circumstances, party.((/) Nor does the fact that the charterer is also the con- signee affect his immunity from liability under the charter- party, (A) although if he is also the holder, as consignee or Charterer indorsee, of a bill of lading which incorporates the conditions of f.°™?*™®^„ , 1 1 1 • !• 1 1 1 /< 1 1^1 liable as bill of the charter-party, he is uabie as such tor a breach oi those lading bolder. conditions, (i) § 309. It is also to be remembered that, apart from the cesser Holder of bill clause which confers immunity upon the charterer, the person who °f lading not presents the bill of lading may, as pointed out above, (^) hold it only to action, as a pledgee or agent, so as not to be liable under the Bills of Lading Act,(Z) as a party to the contract contained in it; and that a repudiation by such a holder, at the time of presentation, of the liabilities created by the bill of lading, may prevent any contract being implied from the acceptance of the goods, in which case no action will lie against him after delivery of the goods, (m) § 310. Prom the foregoing considerations it will be seen that E.B. &E. 980; Hiehv.ModocanacM, 64 S.8. Co. v. Pirie, 64 L. T. 492 (note) ; L. T. 138; (revd. on another point, 65 ib. Sick v. Rodocanachi, ih. 138 (revd. on 300 ; (1891) 2 Q. B. 626). See, however, another point, ubi sup.) per Mellisb and Baggallay, L.JJ., 2 {g) See Hiclcy.Bodocanachi, Qili.T. C. P. D. pp. 250-252. 138. (o) As in Pedersen v. Lotinga, 28 L. T. (h) Sanguinetti v. Pacific, <&c., Co., 2 267, and Lister v. Van JSaansbergen, 1 Q. B. D. 238. Q. B. D. 269. (i) Gullischen v. Stewart, 11 Q. B. D. (b) French v. Gerber, 1 0. P. D. 737, 186; 13 ib. 317 ; overruling, as it seems, 744 ; 2 ib. 247, 250-252 ; Sanguinetti v. Barwich v. Burnyeat, 36 L. T. 250, Padfix:, tfcc, Co., 2 Q. B. D. 238 ; Fran- which case, however, was not cited in cesco v. Maasey, L. R. 8 Ex. 101 ; Kish argument ; Bryden v. Niebuhr, 1 C. &E. V. Cory, h. E. 10 Q. B. 553, 558, 559; 241. Bannister ». Breslauer, L. R. 2 C. P. (Jc) §§ 156, 268. 497. ()) 18 & 19 Vict. c. 111. (c) Clink V. Badford, (1891) 1 Q. B. (m) S.S. County of Lancaster v. Sharp, 625; Lunhp v. Balfowr, (1892) 1 Q. B. 24 Q. B. D. 158 ; but the agent may bind 507 ; Ohristoffersen v. Hansen, L. R. 7 his principal to pay charges in respect of Q. B. 509. which there is a lien, Hingston v. Wendt, (d) ForsuchacaseseeJ/iVmm v.Perea, 1 Q. B. D. 367. SQenXsoSmidtv.Tiden, 2 E. & E. 495. L. R. 9 Q. B. 446, where the parties never (e) Supra, §§ 298-300. having been ad idem, the bill of lading (/) Per Lord Esher, M.R., Restitution was no evidence of a contract at all. 212 Importance and risk of enforcing lien. By payment. By tender. Tenders dis- pensed with, Voluntarily giving up CHAP, v.— THE MASTER'S DUTIES RESPECTING THE CARGO. the lien which the master has on the cargo is often the only means open to the shipowner of enforcing the claims in respect of which it is given, while on the other hand its improper enforcement will expose both owner and master to an action for wrongful detention of the cargo. It is therefore of the last importance that the latter should tnow the extent of his right of lien against holders of bills of lading, and should, where it exists, insist upon it until he has obtained payment or proper security. How the Lien may he lost or extinguished. § 311. Payment of course puts an end to the lien, and in the absence of an agreement to the contrary, anything which is accepted as payment has the same effect, (w) Accordingly, where the owner of a ship having a lien on the goods, until the delivery of good and approved bills, took a bill of exchange in payment, and, though he objected to it at the time, afterwards negotiated it, it was held, that such a negotiation amounted to an appoval of the bill by him, and to a relinquishment of his lien on the goods, (o) § 312. The mere fact that the master claims more than is due to him, will not alone put an end to his lien for that which is due. But a tender of the right amount, even though it is refused, will entitle the consignee to delivery ;(p) and if the demand of the larger sum is so' made as to amount to an announcement by the master that it is useless to tender any smaller sum, for that if tendered it would be refused, this will, generally speaking, amount to a dispensation with any tender.(2') Further, at all events in the case of a lien for an unliquidated amount, as, for example, where the claim is for general average, the lien will be lost and the consignee will be exempted from the necessity of making a tender, if the master refuses to produce papers and information which are necessary to enable the con- signee to verify the claim. (r) § 313. As at common law a "lien" is a right to retain possession, it follows that if the master once parts voluntarily Hestroys lien, with the possession of the goods in his own or his agent's hands, he loses his lien upon them, and is not authorised by law to re- claim them.(s) But where, in obedience to law and to revenue regulations, he (n) Bunney v. Foyntz, 4 B. & Ad. 568 ; Hewison v. Guthrie, 2 Bing. N. 0. 755. (o) Horncastle v. JFarran, 3 B. & Aid. 497. (p) See per Mathew, J., Suth v. Lam- port, 16 Q. B. D. at p. 445. (g) riie Norway, B. & L. 377, 396, 409 ; Kerford v. Mondel 28 L. J. Ex. 303. (r) The Norway, B. & L. at p. 397 ; Huth V. Lamport, 16 Q. B. D. 734, 736, per Lord Esher, M.R. (s) Angell on Carriers, 370 ; Smith's Merc. Law, 10th ed. 704; Artaza i. SmaUpiece, 1 Esp. 23. §§ 314, 315.— WHEN THE MASTER MAY SUE IN HIS OWN, NAME. q-, o lands goods at a particular wharf or dock, he does not thereby wharfinger in lose his lien on them for freight, even although he gives no ^°™® "^'^^^ notice to the Dock Company to retain the cargo until the payment retain of the freight •,(t) for the wharfinger becomes, in such a case, the possession, master's agent, and the goods remain in the constructive possession of the master ; but in case of goods landed under the Merchant Shipping Act, 1862, notice to retain for the lien should be given, (m) And where goods are not required to be landed at any par- ticular dock, and the common practice is to land them at a public wharf, and to direct the wharfinger not to part with them until the charges upon them are paid, in this case also the wharfinger becomes the master's agent, and the goods remain constructively in the possession of the master, subject to his lien. (a;) It seems also that the master does not lose his lien " by Goods in placing the goods in a warehouse over which he or the owner or wa^house consignee of the ship has exclusive control," and that this would owner's be so even at a foreign port, where the provisions of the Merchant '^o"*™- Shipping Act, 1862 (it) have no force, (y) If the master is induced by fraud to part with the possession where of the goods, the lien will revive if the master recover possession possession was p,,s,T.»,. T n • Ti 1- abandoned or tnem.(2!) And if he is turned out of possession, when the ship through fraud is captured, this will not deprive him of his lien for freight in P."^ capture, r J r o jien may be case of recapture, (a) revived." When the Master may sue in his own name for Freight and Demurrage,. § 314. By English law, an agent may sue in his own name on a contract made by him on behalf of his principal, (1) where he has a special property in the subject-matter of the contract ; and (2) where the contract was made with him in his own name for an undisclosed principal.(6) The master has a special pro- perty in his ship, and therefore, where the freight has been earned por freight, under a contract to which he was one of the contracting parties, or under a bill of lading signed by himself, he may bring an action in his own name for the freight due on the delivery of the goods :(c) it being remembered that the failure of the master to (i) Per Lord EUenborough, WUson v. C. P. 227. The decision on the iirat Kymer, 1 M. & Sel. 157, 162; Angell on point in this case can only be accepted Carriers, 371 ; Smith's Merc. Law, 10th with reserve. See Eammmul v. Bussey, ed. 705 ; Faith v. East India Co., 4 B. 20 Q. B. D. 79. & Aid. 630. (s) Angell, 374. (m) 25 & 26 Vict. c. 63. As to the (a) Abbott, 12th ed. 236 ; Ex parte preservation of liens on goods landed Cheesman, 2 Eden, 181. under this Act, see ss. 68 et seq., % 328 (b) Smith's Merc. Law, 10th ed. 170, infra. 171, and cases there cited. (x) Angell, 372 ; Smith, M. L. 705. (c) Story on Agency, 116 ; Skidds v. \y) Mors-le-Blanok v. Wilson, L. K. 8 Davis, 6 Taunt. 65. 214 Under bill of lading. Under charter- pai-ty. Master part owner. Demurrage and other claims under bill of lading. CHAP, v.— THE MASTER'S DUTIES RESPECTING THE CARGO. insist on payment before delivery does not deprive tim of the right to sue the consignor on his contract to pay freight.(^) As pointed out by Sir James Mansfield, " the bill of lading usually specifies ' that the captain is to deliver the goods on pay- ment of the freight,' and if he delivers them without such payment he becomes liable to his owner for so doing, It has been held, therefore, that he may maintain an action against the con- signee upon an implied promise to pay the freight, in consideration of the master's letting the goods out of his hands before pay- ment."(e) If a master enter into a charter-party under seal, purporting to be between him and the charterer, treating himself as owner, he alone can sue upon it;(/) and the same is the case where the master executes in his own name, describing himself as owner ; for evidence is then inadmissible to contradict the written instrument.(5') Bat upon a charter-party entered into by the master in his own name simply, on behalf of the ship and not under seal, either master or owner may sue for the freight.(/i) And, d, fortiori, a master who is a part owner, and who enters in his own name into a charter-party with merchants, may sue upon it alone, without joining the other part owners, because the contract was made with such master alone, and because he had a personal interest in it, although he was acting partly on his own behalf and partly as agent for his co-owners. (■!) But where, by a charter-party (not under seal), made by the master, the charterer agreed to pay freight generally, without saying to whom, it was held that, the owner having received the freight, the master could not afterwards maintain an action for it against the charterer, although the master had given the charterer notice not to pay it to any one but himself.(Ai) § 315. It has been said that a master may sue the consignor upon any contract in the bill of lading. And this is so, at least where the bill of lading is given by the master in his own name.(Z) Accordingly, he may maintain, in his own name, an action for demurrage against a consignee who accepts goods under a bill of lading given by the master, at the bottom of which is a memo- randum that the ship is to be cleared in a certain number of days, and that a certain sum per day demurrage is to be paid after that (iZ) Swpra § 268. \e) Brovmcker v. Scott, 4 Taunt. 4. (/) See per Lord Chelmsford, C, Bris- tovie V. WUtmore, 28 L.J. Ch. 810 ; and see Chesterfield, &c., Co. v. Hawkins, 3 H. & C. 677 ; Abbott, 13th ed. 222. This doctrine is of less importance since the Judicature Acts ; see 36 & 37 Vict. c. 66, s. 25 ; E. S. C. 1883, 0. xvi. (jr) Eumhk v. Hunter, 12 Q. B. 310. (/») Higgins v. Senior, 8 M. & W. at p. 844 ; Beckham t. Drake, 9 ib. pp. 92, 96 ; and see Pi-iesileii v. Fernie, 3 H. & C. 977. (i) Seeger v. Duthie, 8 C. B. N. S. 45, 56. (k) Atkinson v. Cotesworth, 3 B & C. 647. {I) See per Lord Denman, C.J., Sims: v. Bond, 5 B. &. Ad. at p. 393. §§ 316-318.— KEDELIVEBY TO CONSIGNOR. 215 time ; for the consignee, hy adopting the bill, makes himself liable to demurrage as well as to freight. (m) And, h fortiori, he can sue in his own name for demurrage stipulated in a bill of lading given by himself, or for a breach of any of the express conditions thereof, when he is owner or part owner, as well as master, of the ship.(TO) But the master of a ship, not being part owner, cannot main- Not on implied tain an action in his own name upon an implied promise to pay conti'act for demurrage, as it is a claim made by him upon a subject-matter in which he has no interest. (o) demurrage. Be-delivery to Consignor. § 316. It sometimes happens that in consequence of the insolvency of the consignee, or for some other reason, the con- signor requires the goods to be re-delivered to him at the port of loading. The law applicable to such a case has been clearly laid down by Lord Campbell, 0. J., in the case of Tindall v. Taylor,{^) iu the following terms : — '"A merchant who has laden goods ' on a general ship, ' cannot To consignor insist on having them re-landed and delivered to him, without ?* ??^' °^ , . ° . ' _ loading on nia paying the freight (c[) that might become due for the carriage of paying freight them, and indemnifying the master against the consequences of f^demnit? any bill of lading, which has been signed by him.' .... When goods were laden to be carried on a particular voyage, there was a contract that the master should carry them in the ship, upon that voyage, for freight ; and the general rule is, that a contract once made cannot be dissolved, except with the consent of both the contracting parties. By the usage of trade, the consignor, if he re-demands such goods in a reasonable time before the ship sails, is entitled to have them delivered back to. him, on his paying the freight that might become due for their carriage, and on indemnifying the master against the consequences of any bills of lading signed for them ; but there are conditions to be performed before the original contract can be affected by the demand of the goods. It would be most unjust to the owners and master of the ship if we were to hold, that upon a simple demand at any time the goods must be delivered back in the port of outfit ; and Thompson v. Smaller') is no authority for such a doctrine. (m) Jesson v. Solly, 4 Taunt. 52 ; Har- {p) 4 B. & B. 227 ; and see Thompson v. man v. OlarJce ; Same v. Mant, 4 Gamp. Trail, 2 C. & P. 334 ; 6 B. & C. 468 ; 159, 161. Davidson v. Gioynne, 12 East, 381. (n) Cawthron v. Trichett, 15 C. B. N. S. (q) See cases cited snpra §§ 269, 272, 758 ; Jesson v. SoUy, 4 Taunt. 52 ; Stindt 283. V. BoleHs, 2 C. B. 712. (r) 1 C. B. 328 ; infra § 317. (o) Brouncker v. Scott, 4 Taunt. 4 ; SvaM y. Forster, 1 B. & Ad. 118. 216 CHAP, v.— .THE MASTER'S DUTIES BESPECTING THE CARGO. When con- " After the master, at the request of the defendant, had signed signor may jjiHg ^f ladinff for the goods, making them deliverable to a con- insist on goods ° ° . j- t • ^ i_-n l, l^ A being relanded signee at the port of destination, one ot which bills ne naa to him*"™^'^ transmitted to the consignee, it is quite clear that the defendant could have no right to the re-delivery of the goods in the port of outfit on merely demanding them." But if the master, having a lien on the goods for freight, on the consignor claiming justifiably, but without any tender of freight, to stop the goods in transiH,{s) refuses to deliver, not on the ground of his right to earn the freight, but because he has signed bills of lading to a third person, he thereby dispenses with a tender of freight, and is liable to an action by the consignor for conversion of the goods.(^) Without § 317. In some cases, where by the terms of the charter- fcight"^ party the shipowners and the master have no lien on the goods Where no lien put on board, and where no bill of lading has been transferred, no'bm^'f*'^"'^ the charterer has a right, upon paying the master's reasonable lading. charges, to take the goods out of the ship before she leaves the loading port, if circumstances render it expedient to do so ; and in such cases, the master would be liable if he refused to give up the goods when demanded. Thus in Thompson v. SmaU,(u) A. chartered a ship, of which B. was master and part owner, for a voyage from London to Sydney, for a gross sum of £1600, pay- able' two months after clearance at the Custom House. A. bought goods of C, to be shipped on A.'s account on board the ship, and to be paid for before the ship left the port of London. The goods were shipped by C, who took from the mate receipts, which he kept, as for goods shipped on C.'s account. Two days after the goods were shipped, A. became insolvent, but did not become bankrupt, or take the benefit of the Insolvent Act, and being unable to perform his contract with C, agreed to rescind it, tod signed an order directing B. to deliver the goods to 0. The goods were demanded on behalf of C, C. offering to pay all reasonable charges attending such re-delivery and every lawful claim the shipowners might have upon them. B. having refused to deliver the goods to C, it was held, that, assuming the property in the goods to have passed to A. by the shipment, yet as A. had neither become bankrupt nor taken the benefit of the Insolvent Act, by the operation of the agreement and the delivery order given by A. the property in the goods revested in C, and the refusal of B., the master, to re-deliver the goods after the demand by C, and after the offer then made to pay reasonable charges and lawful claims, was a wrongful conversion, for which an action would lie against him ;^-Tindal, 0. J., who delivered the judgment («) As to stoppage in transitu, see Chap. (i)" Thompson v. Trail, 2 C. & P. 334 : VII., infra. 6 B. & C. 3b'. (u) 1 C. B. 328. §§ 319-328.— DELIVEEY AT POET OF DISCHARGE. 217 of the Court, pointing out that the charterer "had the entire use Whencon- of the ship under the gharter : and there was nothing to prevent ?'Sjior may r • « , 1 • ^ . 1 , » , , . ., r . insist on goods ixim trom taking out the cargo before the ship sailed, if circum- being relanded stances had rendered it expedient and changing such cargo for f^h;'^*"™^'' another, or even from sending the ship empty to Sydney, or from loading her entirely with goods of other persons, the freight of which had been paid to him in advance, there being no agreement on his part to put a full cargo, or indeed any cargo, on board ; and the payment for the hire of the ship being made quite indepen- dent of the delivery of any cargo ; " and that as the sum stipulated was not payable until two months after the ship had cleared, there could be no lien for freight not then due. § 318. Where by the terms of shipment no goods were to be Where master received on board unless a "clean receipt" could be given, and comply -with the shipowners, having received the goods, refused to give a terms of " clean receipt " or to re-deliver the goods, it was held by Wills, J., ' that they were guilty of a conversion. The decision was after- wards reversed, however, on the ground that the plaintiffs had parted with the property in the goods to purchasers, before demanding them back from the shipowners, (a;) A shipper of goods on board a general ship without notice of <"" t° si'^,. I, ^ i. • i. 1- J i. • ■ : 1. ^1. ..1 • billsoflading a charter-party is not bound to inquire as to whether there is except under one, and therefore, if the master refuses, after shipment, to sign tei-msof bUls of lading except subject to a charter-party which gives the of which shipowner a lien for dead freight and demurrage, and the shipper ^ntf^e"^ objects to these provisions, the latter is entitled to have the goods returned to him free from any claim by the shipowner. (y) If the ship meets with a disaster before completing her voyage, Tender of this, as we have seen, will not necessarily entitle the consignor to excused by delivery of the goods without tendering the freight, since the disaster to shipowner may still earn the freight by carrying on the goods in another bottom, or in his own ship, if she can be repaired within a reasonable time.(z) Delivery at Port of Discharge. § 319. While the goods are at sea, and after their arrival in ^°Jg'j.''™„gt dock, until delivery is made or something equivalent to delivery deliver at port is done, the bill of lading is " the symbol of property, and for ° '^° *''^®' the purpose of conveying a right and interest in the property is producing bill the property itself."(a) It is therefore in general the master's of lading. duty, after arriving at the port of discharge, to deliver the goods (X) Armstrong v. Alkm, 67 L. T. 417 ; (z) See cases cited supra § 272 ; The 1SS Mtrick, 6 P. D. at pp. 128, 129. • (y) Peeh v. Larsen, L.' R. 12 Eq. 378; (a) Barher v. Meyerstem, L.E 4 H. and see The Stornowav, 51 L. J. Ad. 27 ; L. 317 (infra § 340). See especially per Tharsis, die. C'o.v. OaUiford, 22 W. K. 46 ; Ld. Hatherley, C, at pp. 326, o30 ; ex- infra § 331, note {u). ' plained in SeweU v. £urdick,10 Ap, Ca. ' ' 74,80-82. 218 To whom master must deliyer when bilis of lading drawn in sets. Where no notice of other claim- ants, to first producer. Glyn T. East and West India Doeh Co. CHAP, v.— THE MASTER'S DUTIES BESPECTING THE CARGO. upon the terms contained or incorporated in the bill of lading(S) to the consignee named therein, on his producing the bill of lading unindorsed, or to any one producing it with a genuine in- dorsement by the consignee, (c) or by the shipper where no con- signee is named; on payment, in either case, of freight and other lawful charges. And for the same reason, the master is neither bound nor indeed entitled to deliver the goods except on produc- tion of the bill of lading ; for if by reason of his so delivering them they should get into possession of a third person, who should refuse to give them up, the shipowner and the master himself would be responsible, (c^) Therefore, if the bill of lading is not forthcoming, the master should, generally speaking, refuse to deliver even to the consignee named in the bill of lading, except upon receiving a proper indemnity.(e) § 320. It may happen, however, where bills of lading are drawn in sets, that the shipper or consignee has indorsed one bill of lading to one person, and has retained a second himself, or haa indorsed it to another person. In such a case the master is justified, if he has no notice or knowledge of any other claim ta the goods, in delivering them to the first person who presents a bill of lading with an apparently regular title to it, whether by indorsement or as consignee. This is the effect of the clause,. " the one of which bills being accomplished, the others to stand void."C/) In Glyn v. East and West India Dock Co.,{f) the consignees indorsed one bill, marked " first," of a set of three, to a bank to secure advances, retaining another marked " second " in their own hands. On the arrival of the ship, the goods were entrusted to the defendants under a stop for freight. The consignees pro- duced the bill marked " second," unindorsed, to the defendants, who, on the stop being removed, bond fide and without notice or knowledge of the bank's claim, delivered the goods upon the consignee's delivery orders. On the face of the bills of lading were the words, " the master or purser hath aflBrmed to three bills of lading, all of this tenor and date, the one of which bills being accomplished, the others to stand void." In an action by the (b) See §§ 302-307 supra. It is to be remembered that where the consignee is also the charterer, the master may insist on his fulfilling the terms of the charter- party, though they may be more onerous than those of the hill of lading. (c) Per Ld. Blackburn, Glyn v. East and West India Dock Co., 7 Ap. Ga. at p. 610 ; Bird V. Brown, i Ex. 786 ; Gatliffe v. Bmrne, 4 B. N. 0. 314 ; 3 M. & G. 643 (Ex. Ch.);7 a. 850(H. L.). id) The Stettin, 14 P. D. 142, 147 ; Erichsen v. Barkworth, 3 H. & N. 601 ; 894 ; per Gibbs, C.J., Nathans v. Giles,. 5 Taunt. 574. In view of the decision in The Stettin, it would seem to be equally the master's duty to insist on production of the bill of lading, whether the goods, are made deliverable to a named consignee only, or "to order or assigns." (e) The Stettin, uhi swn. (/) G-lyn v. East and West India Dock Co., 10 Ap. Ca. 591 ; affg. 6' Q. B. D. 475 ; revg. 5 Q. B. D. 129 ; and see The B. &. L. 38. §§ 319-328. -DELIVERY AT PORT OF DISCHARGE. 219 bank against the defendants for conversion of the goods, it was held, that the liability of the defendants with respect to delivery was neither greater nor less than that of the shipowner or master would have been ; that a master would under the circum- stances have been justified in delivering ; and therefore that the defendants were not liable. § 321. In Fearon v. Bowers,{g) a much earlier case, where two Where notice indorsees of different parts of the same bill of lading presented °f ^'^^^l^ . "^ . or claimants. them at the same time, it appearing that according to the usage of trade the master was not concerned to examine who had the best right, it was held that the master had performed his duty by delivering the goods upon one of the bills of lading. The correct- ness of this deciaon, however, was long ago doubted on the high authority of Lord Tenterden,(7i) whose doubt has recently received support in the House of Lords, (i) And the better opinion now is that if at the time of production of one bill of lading the master Master " has notice or probably even knowledge of another indorsement, ^q^\^^ ^* '^ he must deliver, at his peril, to the rightful holder, or inter- plead."(/fc) § 322. If, before delivery, the vendor of the goods claims to To whom stop them in transitu and requires their delivery to himself, the "gii^gj. ^hen master is not entitled to retain the custody of them until he vendor gives ascertains who is entitled to the delivery, " for it shall never be permitted, to a carrier, by not delivering the goods, to vary the property and decide to whom they shall belong " ;(i) but he must deliver them to the vendor. " The vendor exercises his right of stoppage in transitu at his own peril ; and it is incumbent on the master to give effect to that right so soon as he is satisfied that it is the vendor who claims the goods, unless he (the master) is aware of a legal defeasance of the vendor's claim. It is not necessary for the vendor to prove to the master that he (the vendor) has a right to stop the goods."(m) The master, therefore, who fails or refuses to deliver to a vendor Vendor must properly claiming to stop in transitu renders himself liable to an action for conversion of the goods.(?i) The vendor cannot, how- ever, claim delivery without satisfying any lien which the master has upon the goods for freight and other charges in respect of them ;(o) while, on the other hand, he cannot be called on to pay ■freight on goods expressed to be carried " freight' free on owner's ((?) 1 H. Bl. 364 n. ; 1 S. h. C. 9th ed. Inglis, 3 East, 381, 394. As to stoppage 766 (note to lAehharrow v. Mason). in transitu, see Chap. Yll.mfra. (h) Abbott, 5th ed. pt. iii. oh. 9, (m) The Tigress, B. & L. 38, 45, per sect. 24 ; 13th ed. p. 714. Dr. Lushington; see Benjamin on bale, (i) See the judgments in 0/2/« V. ^osi 4th ed. 885, 886. „ t, ;. p ^w and West India Dock Co., 7 Ap. Ca. 591. («) Mills y. Ball, 2 B. & P. 457 (V) Per Lord Blackburn, 7 Ap. Ca. at Thompson v. Trail, 2 O. & 1. dd4, b n 611 ; see S§ 322, 323 infra. B. & 0. 36. ^ (I) Per Lawrence, J., SoMlngh v. (o) See supra §§ 290 et seq. 220 Where con- flicting claims, master sbould interplead. Mutual duties of master and consignee as to delivery. Freighter not entitled to notice of anival. What master must do if consignee not ready. CHAP, v.— THE MASTER'S DUTIES RESPECTING THE CARGO. account," even though the ship has been, unknown to the master and the consignors, transferred to new owners before signature of the bills of lading ;(^) nor can any more freight be demanded than that which is due for carriage of the goods of which de- livery is required, notwithstanding that the carrier may be entitled by custom, as against the consignee, to a lien for the general balance of his account. (§') We have seen above (r) that the consignor may, in a proper case, stop the goods and claim delivery at the port of loading, and on what terms this may be done. § 323. In the case of conflicting claims, the master, before he parts with the goods, should take care to require an indemnity from the person to whom he delivers. And if neither of the rival claimants is prepared to give such an indemnity as will afford security to the master and his owners, in case the delivery turns out to be wrongful, it is his duty, in a case of reasonable doubt, if in this country, to get the title to the goods judicially deter- mined by interpleader proceedings ;(s) and if abroad, he should consult the ship's agents, if any, or the British consul, before parting with the goods. § 324. The discharge of the cargo is, as we have seen,(^) the joint duty of the shipowner and the merchant. The merchant is to be ready to receive in the usual manner, and the shipowner, his master and crew, to deliver in the usual manner. (%) On the one hand, the consignee is bound to watch for the arrival of the ship, and is not entitled to receive notice thereof from the master. On the other, if the goods are not received as soon as the master is ready to deliver them, he is nevertheless bound to wait during lay-days and days under demurrage, if any are stipulated, or, in the absence of stipulation, a reasonable time. (a;) And if the consignee is not then ready and willing to produce the bill of lading, to pay the proper charges, and to receive the goods, the master may warehouse the goods for the benefit of those concerned, subject to the payment of freight and charges due to the owners of the ship.(?/) Indeed, where the landing of the goods at their destination (p) Ilercantile, i- Smithv.Fregarthen, 56 Ij. 3. Q.B.i37. lisions"). ., -c c.. i (p) Searcmanga v. Mariin, 52 L. T. (r) BeTison v. Duncan, 3 Jix. b44 ; I 764 ; 53 ib. 810. Ex. 537. 224 CHAP, v.— THE MASTER'S DUTIES RESPECTING THE CARGO. Measure of damages for non-delivery ; for delay in delirei-y. said that he is entitled in case of sale to the amount which the goods actually fetched ;(s) but if the ship does arrive at her port of discharge, then the owner of the goods is entitled to recover, at his option, the price the goods fetched at their place of sale,(if) or their value at the time and place of delivery, (^t) subject, it would seem, to a deduction for unpaid freight. (jb) But against a claim for the price realised by the goods, the shipowner is not entitled to set off a claim for pro raid freight •,(y) and on the contrary, the cargo-owner is entitled to set off such price against the freight of goods actually delivered, even though this may have been assigned for value to a third person.(2) Nor can the shipowner claim to treat the cost of the repairs (unless indeed it was itself occasioned by general average loss) as a general average expenditure, and to set off a proportion of such cost against the claim of the cargo-owner to the value of the goods sold, (a) In case of delay in delivery arising from some cause for which the shipowner is responsible, the consignee can recover for such damage only as "is the natural and reasonable result of the defendant's act." It has been held that loss arising from a fall in the market between the time when the goods ought to have been, and that when they were, delivered does not, in the case of sea-carriage, come within this description, and therefore that it cannot be recovered. (6) § 328. We have seen that if the goods are not claimed within the lay days and demurrage days, or within a reasonable time of the ship's arrival at her port of discharge, the master may land and warehouse them for the benefit of those concerned. The powers of shipowners and masters in this respect were enlarged and defined by the following sections of the Merchant Shipping Act, 1862 :(c) — 67. Where the owner of any goods((^) imported in any ship from foreign parts into the United Kingdom fails(e) to make entry thereof. (s) Per Brett, J., Sopper v. Bwrness, 1 C. P. D. at p. 141 ; but see Abbott, 13th ed. 434, and Atkinson, v. Stephens, 7 Ex. 567. (t) Hopper V. Burness, 1 C. P. D. 137 : Campbell v. Thompson, 1 Stark. 490 ; JticJiardson v. Nourse, 8 B. & Aid. 237. (m) Hallett V. Wigram, 9 C. B. 580; Hopper V. Bv/rness, vhi sup. (x) See Rodoeonachi v. Milburn, 18 Q. B. D. 67, 77. {y) Hopper v. Burness, vhi sup. and cases cited swpra § 285. (s) Campbell v. Thompson, 1 Stark, 490 ; the sale in this case seems not to have been justifiable, but the deoisioQ did not turn upon that. (a) HaUett v. Wigram, 9 C. B. 580 ; see § 296 sup. (6) The Parana, 2 P. D. 118 ; The Notting Hill, 9 ib. 105. _ (c) 25 & 26 Vict. c. 63. The pro- visions of the Customs Act prescribing the duties of those who land goods will be- found below, Chap. XVII. {d) The word "shipowner" includes the " master," ibid. a. 66 ; the expression " owner of goods " includes every person "entitled for the time being to the posses- sion " of them, though his right may be subject to a lien. _(e) The word "fails" does not imply wilful default ; it is sufiScient if the de- livery of the goods to their " owner with- §§ 319-328— DELIVERY AT PORT OF DISCHARGE. 225 or, having made entry thereof, to land the same or take delivery thereof, Power to ship- and to proceed therewith with all convenient speed by the times owner to enter severally hereinafter mentioned, the shipowner may make entry of and land goods and land or unship the said goods at the times, in the manner, and ™ detanlt ot subject to the conditions following ; (that is to say :) landing by (1) If a time for the delivery of the goods is expressed in the ownerofgoods. charter-party, bill of lading, or agreement, then at any time after the time so expressed : (2) If no time for the delivery of the goods is expressed in the charter-party, bill of lading, or agreement, then at any time after the expiration of seventy-two hours, exclusive of a Sunday or holiday, after the report of the ship : (3) If any wharf or warehouse is named(/) in the charter-party, bill of lading, or agreement, as the wharf or warehouse where the goods are to be placed, and if they can be conveniently there received, the shipowner in landing them by virtue of this enactment shall cause them to be placed on such wharf or in such warehouse : (4) In other cases the shipowner, in landing goods by virtue of this enactment, shall place them in or on some wharf or ware- house on or in which goods of a like nature are usually placed ; such wharf or warehouse being, if the goods are dutiable, a wharf or warehouse duly approved by the Com- missioners of Customs for the landing of dutiable goods : (5) If at any time before the goods are landed or unshipped the owner of the goods is ready and offers to land or take delivery of the same, he shall be allowed so to do,(gr) and his entry shall in such case be preferred to any entry which may have been made by the shipowner : (6) If any goods are, for the purpose of convenience in assorting the same, landed at the wharf where the ship is discharged, and the owner of the goods at the time of such landing has made entry and is ready and offers to take delivery thereof, and to convey the same to some other wharf or warehouse, such goods shall be assorted at landing, and shall, if demanded, be delivered to the owner thereof within twenty- four hours after assortment; and the expense of and con- sequent on such landing and assortment shall be borne by the shipowner. (A) (7) If at any time before the goods are landed or unshipped(e) the owner thereof has made entry for the landing and ware- housing thereof at any particular wharf or warehouse other in the proper time has been prevented by the force of circumstances, whether the latter is or is not to blame," per Sir J. W. Colville, The Enercjie, L. E. 6 P. C. 306, 316. (/) See per Dr. Lushington, The Nor- way, B. & L. at p. 400. {g) Though part of the goods may have been already landed, Wilson v. London, &c., Co., L.'E.IC. P. 61. (h) To entitle himself to notice under this condition, the owner of the goods must, at the time of his offer, be in a con- dition actually to take delivery thereof. Berresford v. Montgomerie, 17 C. B. N. S. 379. The notice in writing is not required in the case of goods landed under sub-s. (6). It is only necessary under siib-s. (7) to relieve the shipowner from landing the goods at his own risk and expense. They are not necessarily at his risk and expense after being landed. And if after receiving notice (verbal or written) that the goods have been landed, either under suh-s. (6) or (7), their owner does not take them away within a reasonable time, he will be liable for dock charges incurred after such notice. For this pur- pose, notice to a lighterman employed by the owner of the goods is notice to such owner. The Clan Macdonald, 8 P. D. 178. 226 CHAP, v.— THE MASTER'S DUTIES RESPECTING THE CARGO. If, when goods are landed, the shipowner give notice for that purpose, the lien for freight is to continue. Lien to he discharged on proof of pay- ment. Lien to be discharged on deposit with warehouse Warehouse owner may at the end of 15 days, if no notice he given, pay deposit to shipowner. Course to be taken if notice to retain is given. than that at which the ship is discharging, and has offered and been ready to take delivery thereof, and the shipowner has failed to make such delivery and has also failed at the time of such offer to give the owner of the goods correct information of the time at which such goods can be delivered, then the shipowner shall, before landing or unshipping such goods under the power hereby given to him, give to the owner of the goods or of such wharf or warehouse as last aforesaid twenty-four hours' notice(A.) in writing of his readiness to deliver the goods, and shall, if he lands or un- ships the same without such notice, do so at his own risk and expense.(i) 68. If at the time when any goods are landed from any ship, and placed in the custody of any person, as a wharf or warehouse owner, the shipowner gives to the wharf or warehouse owner notice in writing that the goods are to remain subject to a lien for freight or other charges payable to the shipowner to an amount to be mentioned (k) in such notice, the goods so landed shall, in the hands of the wharf or warehouse owner, continue liable to the same lien, if any, for such charges as they were subject to before the landing thereof ; and the wharf or warehouse owner receiving such goods shall retain them until the lien is discharged as hereinafter mentioned, and shall, if he fail so to do, make good to the shipowner any loss thereby occasioned to him. 69. Upon the production to the wharf or warehouse owner of a receipt for the amount claimed as due, and delivery to the wharf or warehouse owner of a copy thereof or of a release of freight from the shipowner, the said lien shall be discharged. (Z) 70. The owner of the goods may deposit with the wharf or ware- house owner a sum of money equal in amount to the sum so claimed as aforesaid by the shipowner, and thereupon the lien shall be discharged, but without prejudice to any other remedy which the shipowner may have for the recovery of the freight. 71. If such deposit as aforesaid is made with the wharf or warehouse owner, and the person making the same does not within fifteen days after making it give to the wharf or warehouse owner notice in writing to retain it, stating in such notice the sum, if any, which he admits to be payable to the shipowner, or, as the case may be, that he does not admit any sum to be so payable, the wharf or warehouse owner may, at the expiration of such fifteen days, pay the sum so deposited over to the shipowner, and shall by such payment be discharged from all liability in respect thereof. 72. If such deposit as aforesaid is made with the wharf or warehouse owner, and the person making the same does within fifteen days after making it give to the wharf or warehouse owner such notice in writing as aforesaid, the wharf or warehouse owner shall immediately apprise the shipowner of such notice, and shall pay or tender to him out of the sum deposited, the sum, if any, admitted by such notice to be payable, and shall retain the remainder or balance, or, if no sum is admitted to (i) The provisions of this section may be overridden by the contract of carriage ; see as to sub-s. 6 and 7, Oliver v. Cohen, 27 W. R. 822 ; Borrowman v. Wilson, 7 T. L. R. 416. . {k) Where the amount mentioned is " manifestly and grossly in excess of that for which the master can hand fide claim a lien," this will be tantamount to a wi-ongfiil detention of the goods, and will constitute a cause of action against the master and his owners ; The Energie, L. R. 6 P. C. 306, 317. (I) As to the preservation of liens on goods warehoused otherwise than under this Act, see § 313 sup. §§ 319-328.— DELIVERY AT PORT OF DISCHARGE. be payable, the whole of the sum deposited, for thirty days from the date of the said notice ; and at the expiration of such thirty days, unless legal proceedings have in the meantime been instituted by the shipowner against the owner of the goods to recover the said balance or sum or otherwise for the settlement of any disputes which may have arisen between them concerning such freight or other charges as aforesaid, and notice in writing of such proceedings has been served on Mm, the wharf or warehouse owner shall pay the said balance or sum over to the owner of the goods, and shall by such payment be dis- charged from all liability in respect thereof. 73. If the lien is not discharged, and no deposit is made as herein- before mentioned, the wharf or warehouse owner may, and, if required by the shipowner, shall at the expiration of ninety days from the time when the goods were placed in his custody, or, if the goods are of a perishable nature, at such earlier period as he in his discretion thinks fit, sell by public auction, either for home use or exportation, the said goods or so much thereof as may be necessary to satisfy the charges hereinafter mentioned. 74. Before making such sale the wharf or warehouse owner shall give notice thereof by advertisement in two newspapers circulating in the neighbourhood, or in one daily newspaper published in London and in one local newspaper, and also, if the address of the owner of the goods has been stated on the manifest of the cargo, or on any of the ■documents which have come into the possession of the wharf or ware- house owner, or is otherwise known to him, give notice of the sale to the owner of the goods by letter sent by the post ; but the title of a bond fide purchaser of such goods shall not be invalidated by reason of the omission to send notice as hereinbefore mentioned, nor shall any such purchaser be bound to inquire whether such notice has been sent. 75. In every case of any such sale as aforesaid the wharf or ware- house owner shall apply the monies received from the sale as follows, and in the following order : 1 . If the goods are sold for home use in payment of any customs or excise duties owing in respect thereof : 2. In payment of the expenses of the sale : 3. In the absence of any agreement between the wharf or warehouse owner and the shipowner concerning the priority of their respective charges, in payment of the rent, rates, and other charges due to the wharf or warehouse owner in respect of the said goods : 4. In payment of the amount claimed by the shipowner as due for freight or other charges in respect of the said goods : 5. But in case of any agreement between the wharf or warehouse owner and the shipowner concerning the priority of their respective charges, then such charges shall have priority according to the terms of such agreement ; and the surplus, if any, shall be paid to the owner of the goods. 76. Whenever goods are placed in the custody of a wharf or ware- house owner under the authority of this Act, the said wharf or ware- house owner shaU be entitled to rent in respect of the same, and shall also have power from time to time, at the expense of the owner of the goods, to do all such reasonable acts as in the judgment of the said wharf or warehouse owner are necessary for the proper custody and preservation of the said goods, and shall have a lien on the said goods for the said rent and expenses. 77. Nothing in this Act contained shall compel any wharf or ware- 227 After 90 days warehouse owner may sell goods by public auction. Notices of sale to be given. Monies arising from sale, how to be applied. Warehouse owner's rent and expenses. 228 CHAP., v.— THE MASTER'S DUTIES EESPECTING THE CARGO, "Warelionse house owner to take charge of any goods which he would not be liable owner's pro- to take charge of if this Act had not passed ; nor shall he be bound tecfjon. to see to the validity of any lien claimed by any shipowner under this Act. Saving powers 78. Nothing in this Act contained shall take away or abridge any under Local powers given by any local Act to any harbour trust, body corporate, or Acts. persons whereby they are enabled to expedite the discharge of ships or the landing or delivery of goods ; nor shall anything in this Act con- tained take away or diminish any rights or remedies given to any shipowner or wharf or warehouse owner by any local Act. ( 229 ) CHAPTER VI. BILLS OF LADING. § 329.—W7i.at a Bill of Lad- ing is, and its Form , .229 §§ 330-333. — The Master's Authority in giving Bills of Lading .... 231 §§ 334-338.— 2%e Ufect of the Bill of Lading as Evi- dence .... 234 §§ 339, 3i0.— Transfer oj the Bill of Lading . . . 237 §.§ 341-349.— 2"Ae Efecf of the Transfer of the Bill oj Lading upon the Property in the Goods . , . 239 §§ 350-354.— ne Bfect of the Transfer of the Bill of Lading upon the Contract contained therein . . 243 §§ 355, 356. — Respective Lia- hilities of Owners, Master, and Charterer's upon the Contract contained in the Bill 246 §§ 357-369. — The Meaning and Effect of the Exceptions in the Bill of Lading . , 248 What a Bill of Lading is and its Form. ^ 329. The bill of lading is a very ancient document. It is in general use among all commercial nations, and is much the same in its form and provisions in various countries, (a) It is generally signed by the master, but in some ports it is not un- usual for the bill of lading to be signed and delivered by a clerk in the office of the owners or agents of the said ship.(6) It has no force until it is delivered, although it has been signed.(c) When signed by the master it is an acknowledgment under his hand that he has received the goods described in it, and that he undertakes to deliver them at the port, to the person or persons indicated, and upon the terms named therein.((^) And in such a case, unless the shipper is also charterer of the ship (in which case the contract is to be found in the charter-party), it is the evidence of the contract entered into by the master and owners with the shipper respecting the carriage of the goods mentioned therein, (e) (a) 1 Parsons on Shipping, 184. (d) See per Buller, J., CaldweU v. \h] 1 Parsons, 185 ; Stumors v. Breen, Ball, 1 T. E. 205, 215. 12 Ap. Ca. at p. 702 ; Jessel v. Sath, L. (e) In the case of a ship put up by E. 2 Ex. 267. charterers as a general ship, it may be (c) 1 Parsons, 187. evidence of a contract between them and What it is. By whom signed. 230 Form and contents. To whoai consigned. "Assigns." CHAP. VI.— BILLS OF LADING. The following is an example of a bill of lading in a simple form : — Shipped (/) in good order and 'well-conditioned by {name of merchant), in and upon the good ship {g) called {name of ship), whereof {name of muster) is master for this present voyage, and now riding at anchor in the {name of port), and bound to {name of place of destination), {description of cargo), being marked and numbered as in the margin, and are to be delivered in the like good order and well-conditioned at the aforesaid port {name of place of destination), (the act of God, the Queen's Enemies, Fire and all and every other Dangers and Accidents of the Seas, Rivers, and Navigation of whatever nature and kind soever excepted), unto {name of consignee) or to his Assigns, he or they paying Freight for the said Goods at the rate of , with primage- and average accustomed. In witness whereof the Master or Purser of the said Ship hath affirmed to {number Of parts of. hill) Bills of Lading, all of this tenor and date, one of which {number of parts) Bills being accomplished, the others to stand void. Dated at the day of 189 . Upon the foregoing form numerous modifications and variations- have , been engrafted to suit the needs of modern commerce.(A) The tendency of these is almost uniformly in the direction of relieving the shipowner from liability for failure to deliver the cargo in accordance with his undertaking ; for example by giving a wide liberty of deviation,(i) and by enlarging the list of excepted perils. (^) A clause providing for payment of general average according to York-Antwerp rules is also commonly inserted.(M) The bill of lading usually contains the word " assigns." Sometimes it is drawn making the goods deliverable to consignor by name, or assigns; sometimes to order or assigns, without naming any person ; sometimes by name to the person who is to receive the goods at the port of destination, or assigns; and occasionally to a named consignee without mention of assigns. Sometimes no person is named as consignee, but the terms of the bill of lading are, " To be delivered, &c., unto order, or assigns," which words and blanks are generally understood the shipper ; see § 356 infra. But where the bill of lading purported to incorporate terms of » charter-party, in respect of which the parties were not ad idem, it was held to be no evidence of auy con- tract at all ; Smidt v. Tiden, L. R. 9f Q. B. 446. ' (/) Timber floated alongside is not " shipped " ; Tlumnan v. Bwt, 1 C. & E. 596 ; affd. 54 L. T. 349 ; though it may be "received " into the custody of the master ; Pyman v. Burt, 1 C. & E. 207. (See, however, as to this case, JLishman v. Christie, 19 Q. B. D. 338.) ((/) Description as " steamship,'' in- volves duty to use steam as the chief motive power ; Fraser v. Telegraph, &c., Co., L. K. 7 Q. B. 566. (h) Some of the principal modern forms of bill of lading are set out by Mr. Cari'er (Carriage by Sea) in his Appendix A. (i) See § 177 supra. (h) Infra §§ 357-369. (hk) See The Bricjella, 9 T. L. B. 399. §§ 330-333.— THE MASTER'S AUTHORITY IN GIVING BILLS. 231 to import an engagement on the part of the master to deliver the goods to the person to whom the shipper or consignor shall order the delivery, or to the assignee of such person. (/) A bill of lading of or for any goods, merchandise, or effects to stamp. be exported, or carried coastwise, is chargeable with a stamp duty of sixpence,(m) and cannot be stamped after the execution thereof. The penalty for making or executing any bill of lading not duly stamped is £50. (n) Several, generally three, copies of the bill of lading are usually Copies, and made out and signed by the master. One or more of these conies ^''^?' ?'"'® , - ,, T .,, . ,, - , , . „ , ^_ witli them. or parts ot the bill is usually sent by the shipper of the goods, by post or otherwise, to the persom for whom the goods are intended. One is sometimes sent by the shipper to his agent, one is sometimes retained by the shipper himself, and one is kept by the master for his own future guidance. The Master's AutTwrity in giving Bills of Lading, § 330. When goods are delivered on board a ship, it is usual "Mate's for the mate or person in charge at the time to give a receipt to *'®'^^^P*- the person so delivering, and it is his duty to do so if required.(o) This is known as the " mate's receipt." The shipper afterwards usually hands it to the master or other agent of the shipowner authorised to give bills of lading,(p) before the ship leaves, receiving in exchange from him two, three, or more parts of a bill of lading of the goods, signed by such master or agent. And a bill of lading should in all cases be given, if required, in ex- Eight of change for mate's receipts, before the ship sails ; for if, contrary ^f 1^^;^ *°n''' to the express wishes of the shipper, the master sails away with exchange. the goods without having given a bill of lading, both he and the owners may be liable for conversion, (g) But where a receipt has been given for goods put on board a Bill given in ship, the master ought, as a general rule, to be careful not to exchange for give any bill of lading without receiving the receipt in exchange, " for otherwise he may place himself under a twofold responsibility — a responsibility to the shipper, in case he shall require the goods to be delivered to his own order, and have a legal right to do so ; (I) Abbott, 13lh ed. 363. reversed do not affect the principle. See (m) 54 & 55 Vict. c. -39, s. 1. § 318 supra. (n) Ibid., B. 40. ■ (p) An overstatement in a mate's {o] Muck V. Batfield, 5 B. & Aid. 632. receipt of the quantity of goods received A shipowner (or master) to whom goods are does not entitle the shipper to damages delivered upon the terms " no goods to be from the shipowner, even where no bills of received on board unless a clean receipt Jading are given, and he has paid his can be given," and who loads the goods vendor u^on the faith of the mate's re- and afterwards refuses either to give a ceipt. BidduJph v. Bingham, 30 L. T. clean receipt, or to redeliver them, is guilty 30. t, vr c< of a conversion. Armstrong Y. Allan, 67 [q) Falh v. Fletcher, 18 C. B. N. fc>. L. T. 417, 738 ; per Lord Esher, M.E. 408 ; Schuster v. McKellar, 7 E. & B. The grounds on which the decision was 721; Peeic v. Larsen, L. K. 12 Eq. 378; Jones V. Eough, 5 Ex. D. 115, 120. 232 CHAP. VI.— BILLS OF LADING. and a, responsibility to a holder of the bill of lading, who may be induced to purchase the goods on the faith of it."(r) But it has been held that a master may properly sign bills of lading in favour of the shipper, without production of the mate's receipts, if he is satisfied that the goods are on board and has no notice that anyone but the shipper claims an interest in them.(s) If no receipt is given, the master must take care not to deliver a bill of lading to any person but the shipper, without his orders, for if he does he may incur a twofold responsibility, in the same way as if a receipt had been given. (<) In what form. § 331. Where the ship is chartered, and the charter-party specifies the form of bill of lading to be given, that form should be adopted ; but in such a case notice of the terms of the charter- party should be given to shippers before their goods are on board ; for a shipper without notice of a charter-party cannot be required to accept a bill of lading in accordance with the terms of the charter-party, if such a bill contains stipulations (as to lien or otherwise) of an objectionable character ; and if a bill of lading without such stipulations is refused, he is entitled to a return of his goods free from any claim by the shipowners. («) From these propositions it seems to follow that, where there is no charter- party, or no stipulation as to the terms of bill of lading to be used, a shipper would be entitled to a return of his goods if the master refused to give a bill of lading without inserting in it terms more onerous than those usually found in bills of lading of similar goods. (aj) And it has been decided that, where the charter- party provides that the master is to sign bills of lading " as presented," it is a breach of the contract, entitling the charterer at least to nominal damages, if he refuses to sign the bills of lading presented without the insertion of additional matter.(2/) Master's duty § 332. It is the duty of the master before signing bills of *ff^(U lading to satisfy himself of the correctness of the facts appearing accurate. on them. If, in consequence of failure to do so, his owners sustain loss, he will be liable to them for the amount of it in an action No authority foi" ^is breach of duty.(«) He has no authority to sign a bill of to sign for lading for sroods which he has not received on board, or for more goods not on , .. i-^in board. than have actually been shipped, and it he does so, the shipowners (r) Abbott, 13th ed. 358; Craven v. the master insisted oii a bill of lading under Byder, 6 Taunt. 433 ; Thompson v. Trail, the terms of the original charter-party. 2 C. & P. 334 ; 6 B. & C. 86 ; Schuster (x) See Carver, § 58. V. McKeUar, 7 El. & Bl. 721. _ [y) Jones v. Hough, 5 Ex. D. 115. («) Hathesing v. Laing ; Laing v. Cp. Armstrong v. Allan, note (o) sv/pra, Zeden, L. E. 17 Eq. 92. As to the meaning of a stipulation for (t) Abbott, 13th ed. 359 ; Buck v. Hat- " clean bills of lading," see § 338 infra, field, 5 B. & Al. 632. (s) Stumore v. Breen, 12 Ap. Ca. 698 {ujJPeeh V. Larsen, L.E, 12 Eq. 378. (master held liable for an error in the dates Cp. Tliarsis, &c., Go. t. CuUiford, 22 W, of shipment). As to his liability tp con- B. 46, to same eftect, -where goods were si'gnees and indorsees, see §§ 350-354 shipped on the terms of a sub-charter, and «?/»•«. §§ 330-333.— THE MASTER'S AUTHORITY IN GIVING BILLS. 233 are not bound by it, at all events unless the goods described have subsequently been shipped, (a) even to a holder who has taken it for valuable consideration, and without notice of the fact.(6) But, although it is generally wrong to sign bills of lading before the goods are on board, and until they are on board the bills are not binding on the shipowner, yet, if the consignor does afterwards put goods on board in fulfilment of his contract, without a new destination, the bill of lading attaches just as if they had been on board at the time it was signed. (c) It would be otherwise, it seems, if the destination were altered, (d^) When the master has signed one set of bills of lading for goods Nor to sign which he has received on board, he has no authority to sign ™fof']Jin"f"^ another set for the same goods, except upon delivery up of the the same former set, or upon the offer of a sufficient indemnity. If he do ^°° ^' sign a second set of bills, without the first set having been given up, and then deliver the goods to the holder of the second set, the holder of the first set, which are the genuine and valid bills, may recover the value of the goods from the shipowners. (e) § 333. If the master has received goods on board at a foreign j^o,. to deprive port at an agreed rate of freight, and signed bills of lading for them owner of _ at that rate, he has no authority to substitute for such bills others at a less rate.(/) Nor has he power, under his general authority, to sign bills of lading making the freight payable to persons other than his owner, (5') or engaging to carry the goods free of freight.(A) And, speaking generally, where a rate of freight has been agreed, whether by charter-party or otherwise, between the shipper and the shipowner, the master has no authority as against the shipper, unless it is expressly given by the contract, to sign bills of lading at a lower rate.(i) But where the charter-party directs that the master is "to When master sign bills of lading at any rate of freight without prejudice to the ^t^j^^f ^^ ™' charter," he is not only entitled but bound to do so. And apart agreed freight. from such a direction, if he is, in performance of a charter-party, at a foreign port of loading, where he cannot immediately com- municate with his owners, and the charterers' agents, in conse- quence of their principals' insolvency, refuse to ship, or to continue shipping, under the charter-party, the master has (a) See per Willes, J., Gattorno v. (/) Pearson v. Goscheii, 17 C. B. N. S. Adatm, 12 C. B. N. S. 567. 352. -n a en (5) Grant v. Norway, 10 C. B. 665 ; {(j) Beijiwlds v. Jex, 7 B. & b. 8b. Evhbersty v. Ward, 8 Ex. 330 ; Thorman (h) Per Jervie, C.J., Grant v. Norway, V. Burt, 54 L. T. 349. 10 C. B. 687, cited with approval, per (c) Per Willes, J., Gattorno v. Adams, Blackburn, J., in Beynolds v. Jex, i^isup. 12 C. B. N. S. pp, 567, 568 ; and see per (i) Pichernall v. Jauberry, 3 1<. & J<. Parke, B., Bryans v. Nix, 4 M. & W. at 217 ; Hyde v. Willis, 3 Camp 202 ; i car- p 793 ^ son. V. GiiscUen, 17 C. B. N. S. 352 ; as (d) Bryans v. Nix, 4 M. & W. 775. to the rights of third persons, see supra \e) Hubbersty v. Ward, 8 Ex. 330. §§ 302, 807. 234 CHAP. VI.— BILLS OF LADING. authority to make, either with a third party or with the char- terers' agents, such a bargain as, acting for the benefit of his- owners, he thinks proper and prudent under the circumstances ;. and if this involves giving bills of lading at a rate of freight less than the chartered rate, he may, as to all goods shipped after such refusal, bind his owners by doing so.(^) Tlie Effect of the Bill of Lading as evidence of Shipment. Against § 334. A bill of lading signed by the master is evidence- Si^pcmnT/ against himself and the owner of the ship, both of the receipt of the goods described in it and also of any material fact stated in the bill of lading respecting the date of shipment,(Z) the quantity, the quality, the condition, or any other element in the description of the goods, (m) The master should therefore be most careful, as well for his own protection as for that of his employer, not to sign a bill of lading until the goods are actually delivered to him, and not to permit the insertion of statements which are incorrect, or likely to mislead, or give rise to misunderstanding, for by so doing he may render himself liable to the shippers or consignees of the goods.(w) Against ship- Between the shipowner and shipper a bill of lading signed by cwTclusivT ^"^ *^^ master is primd facie evidence only of the facts stated in it. It may be corrected or contradicted by external evidence,(o) but the burthen of proving that it is not correct lies upon the ship- owner. (p) And even as between shipowner and consignee,(2') or assignee for value of the bill of lading,(r) the same rule applies,, subject to this : that statements in the bill of lading affecting the conditions on which the goods are deliverable — e.g. a statement that freight has been paid at the port of loading — are in general,, as between an assignee for value without notice of the facts and the shipowner, conclusive against the latter, (s) And by agree- ment the bill of lading may be, and in the timber trade frequently is, made " conclusive evidence against the owners of the quantity received. "(0 (/c) Pearson v. Goschen, 17 C. B. N. S. 352, 376. (Z) Stvmore v. Breen, 12 Ap. Ca. 698. (m) Parsons on Shipping, 197. (m) Bradley v. Dunipace, 7 H. & N. 200 ; 1 H. & C. 521 ; see 18 & 19 Vict. c. Ill, s. 8, and § 335 inf. ■ (o) Bates v. Todd, 1 Moo. & R. 106 ; Berkeley v. Watling,- 7 A. & E. 29 ; McLeanv.Flemmg,h.'R.2 H. L.(Sc.)128. ip) The Peter der Orosse, 1 P. D. 414. (2) Brown v. Powell, which he had not been a party, nor was ho liable upon it.(z) In these circumstances the following enactment was passed : — Whereas, by the custom of merchants, a bill of lading of goods, being transferable by indorsement, the property in the goods may thereby pass- to the indorsee ; but nevertheless, all rights in respect of the contract contained in the bill of lading continue in the original shipper or owner, and it is expedient that such rights should pass with the property : Be it therefore enacted as foUows : — 1. Every consignee of goods named in a bill of lading, and every indorsee of a bill of lading, to whom the property in the goods therein mentioned shall pass,(a) upon or by reason of such consignment or indorsement, shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if. the contract contained in the biU of lading had been made with himself. 2. Nothing herein contained shall prejudice or affect any right of stoppage in transitu, or any right to claim freight against the original shipper or owner, or any liability of the consignee or indorsee by reason or in consequence of his being such consignee or indorsee, or of his- receipt of the goods by reason or in consequence of such consignment or indorsement. Contract not § 351. The condition upon which this statute transfers the unlessproperty contract contained in the bill of lading, with its rights and transferred. liabilities, to, the consignee of the goods named in the bill of lading, or to the indorsee of the bill of lading, is the passing of the property in the goods to the consignee or indorsee, upon or by reason of the consignment or indorsement, and not the mere indorsement of the bill of lading.(6) Therefore, to entitle the indorsee of a bill of lading to sue on the contract contained therein, the circumstances under which the bill has been indorsed Bills of Lading Act, 1885: 18 & 19 Vict. c. 111. Bights under bills of lading to vest in consignee or indorsee. Not to affect rights of stop- page in transitu or claims for freight. (a;) Thompson v. Dominy, 14 M. & W. 403 ; and cases cited supra § 339. (y) Bristol, dec, Bank v. M. By., (1891) 2 Q. B. 653 ; HaOle v. Smith, 1 B. & P. 563 ; see also Evans v. Nichol, 3 M. & G. 614 ; Waring v. Cox, 1 Camp. 369. (2) Howard v. shepherd, 9 C. B. 297 ; Thompson v. Dominy, 14 M. & W. 403 Sanders v. Fanzelier, 4 Q. B. 260. (a) See § 349 supra, (h) Sewell V. Burdick, 10 Ap. Ca. 74 ;; swp. § 349; The St. Okmd, B. & L. 4';. The Felix,-!,. E. 2 Ad., 273, 277. §§ 350-354.— EFFECT OF TRANSFER UPON THE CONTRACT. 245 tnnst be such that the property in the goods shall have passed to the indorsee upon or by reason of the indorsement.(c) In other words, if the property be not transferred, the contract is not transferred. But, if the property is in the consignor, and if he, by consignment, or by indorsement and delivery of the. bill of lading, transfer the property, he transfers also, by virtue of the Act, all his rights under the contract contained in the bill of lading to the consignee or indorsee, who becomes subject also to all the liabilities of the consignor. (fZ) And it is no answer to an action by an indorsee for a breach of the contract, that, by reason of the terms on which he acquired the property, he has sustained no loss. It has been suggested that in such a case he may recover as trustee for his indorser.(e) The transfer of a bill of lading by way of pledge does not, as Position of we have seen, pass to the pledgee the property in the goods ;(/) ^£^1^1^°' ^'" he therefore does not take either benefit or burthen under the Bills of Lading Act. But he acquires a special property, sufficient to enable him, in case of non-delivery or mis-delivery, to sue, apart from the Act, for a conversion.(^) And, as has been seen above, (A) his presentation of the bill of lading, and receipt of the goods thereunder, without repudiation of the conditions upon which by the terms of the bill delivery is to be made, aflford evi- dence of an implied contract that he will be bound by those con- ditions. § 352. The transfer of the property by indorsement does not Effect of in- relieve the shipper of his liability for freight, (i) But if the i;a™uit^". °^ consignee or indorsee indorses over the bill of lading so as to iiviorsement pass the property to a third party, he passes on to such third "^^p^^y'^^f. party all his rights and liabilities, including the liability for chargeB con- freight. (A;) A consignee or indorsee does not, however, by a fn^o^ge^ sale or agreement to transfer the property, without indorsement of the bill of lading, divest himself of his liability thereunder.(0 Nor can he by indorsement, in whatever terms it is made, un- accompanied by a transfer of the property, transfer the liability without the master's or shipowner's assent, (m) § 353. We have seen (m) that a bill of lading continues in g,™^^'^^^ ^f^^^. force, and retains all its virtue and effect, until there has been a ^ight delivery (c) The Freedom, L. E. 3 P. C, 594, (o) Bristol, &c., Banh v. 31. B., (1891) °f * ^ ^°° ^ 599. And it seems that if the property 2 Q.i5. 653. was in the indorsee before the indorsement, (h) §156. rr o xr can the Act would have no operation. See (i) See Fox v. Knott, 6 H. & JN. bdU; Carver, § 66a, and the Scotch authorities 17 & 18 Vict. c. Ill, s. 2. „n tj there cited. {h) Smurthwaite v. Wilkms, 11 (./. a. ((Z) See, in addition to cases in preceding N. S. 842. , ,-, n -n oqq note, per Willes, J., Short v. Simpsmi, (l) Fowler v. Knoop,fQ.^. U. i^y. L. n. 1 C. p. 255. (m) Lewis v. M'Hee, L. R. 4 Ex. 58. (e) The WUhelm Schmidt, 25 L. T. 34. [n) Supra § 340. (/) SeweU V. Burdiek, 10 Ap. Ca. 74 ; supra § 349. 246 does not transfer contract. Eeindorsement retransfers contract. CHAP. VI.— BILLS OF LADING. complete delivery of the goods to a person having a right to receive them, or something equivalent to such delivery : it is not spent or exhausted by the landing or warehousing of the goods under a stop for freight,(o) nor by misdelivery.(p) But it seems that one who takes a bill of lading by indorsement, after the goods have been delivered in fulfilment of the contract to another person, would not be an indorsee within 18 & 19 Vict. c. Ill, or have the rights which are conferred by that statute.(3') § 354. If a consignor indorses a bill of lading as a security for an advance, and upon the repayment of the advance, the bill of lading is, while still an effective instrument, reindorsed and delivered to him, he is remitted to all his original rights whether by statute or at common law, and is entitled to sue the ship- owners for a breach of their contract with him, whether occurring before or after such reindorsement.(?') To consignor. Consignor's rights under bill of lading. Mespective Liahilities of Master, Owner, and Charterer upon the Contract contained in the BiU.(s) § 355. The master is the agent of his principals, who are generally the shipowners, to sign bills of lading for goods which he receives on board. We have seen that he can generally speaking, sue on the contract contained in a bill of lading so signed by him.(^) He is also liable to be sued upon it, for by his signature he binds himself, as well as his principals, to its due performance.(w) If a consignor takes a bill of lading, deliverable " unto order or to his assigns," he controls the possession of the master and makes him accountable to deliver the cargo according to the terms of the bill of lading. («) And although the goods have been shipped in a general ship, and the master has signed, at consignor's request, a bill of lading for delivery to a named consignee ; or the consignor has indorsed in blank a bill drawn to his order, still, until the goods, or the bill of lading which represents them, are, by the consignor's au- thority, actually delivered to the consignee or his agent, with the intention of vesting a right of property in the consignee, the con- signor may revoke the bill of lading, or by. indorsement may vary it, (o) Barber v. Meyeratein, L. E. 4 H. L. 317;L.E. 2 0. P. 38;661. {p) Short V. Simpson, L. E. 1 C. P. 248 ; Bristol, &e., Bank v. M. B., (1891) 2 Q. B. 653. (q) See per Montague Smith, J., L. E. 1 C. P. at p. 255 ; see, however, per Field, J., The Bona, 51 L. T. at p. 30. (r) Short v. Simpson, L. E. 1 C. P. 248 ; per Willes, J., at p. 255. (s) As to the master's general responsi- bility for the safety of the goods, see § 236 et seq., supra. (t) Supra § 314. (u) Story on Agency, 294. (x) Shepherd \., Harrison, L, E. 5 H. L. 116. §§ 355, 356.— LIABILITIES OF OWNERS, MASTER, AND CHARTERERS. 247 or change his purpose, or attach conditions to it.(y) And for any delivery contrary to such revocation or change of purpose the master, as well as his owners, will be liable to the consignor. When the consignor parts with the bill of lading to a con- To consignee, signee or indorsee, with the intention of thereby passing the property — i.e. the whole property — in the goods, the master be- comes personally liable upon the contract contained in the bill to such consignee or indorsee, to whom, as has been seen, all the con- signor's rights of suit are transferred by the Bill of Lading Act, 1855.(2;) And apart from the Act, the master will also be liable in case of non-delivery to a consignee who has only a special property in the goods, for this is sufiBcient, as was pointed out above,(rt) to enable him to sue for a conversion. § 356. The question has frequently been raised whether, Whether where the ship is chartered, it is the owners or the charterers signature who are liable upon a bill of lading given by the master. This hinds owner or question, affecting, as it does, rather owners and charterers than masters, does not call for minute examination here. It is sufficient to point out that, unless, at all events, the charter-party amounts to a demise of the ship, so that the charterer becomes pro hdc vice owner, (6) a person who ships goods on board a Liabilities of vessel, unaware that she has been chartered to another, is warranted shipowner, . . . . , . , . when ship is in assuming that the master is acting by virtue of his ordinary chartered, but authority, and therefore for the shipowners, in signing bills of ""* demised, lading. Until the fact that such a master's authority has been put an end to, is brought to the knowledge of a shipper of goods, the latter has a right to look to the shipowner as the principal with whom the contract is made. And this may be so although by the agreement between the owner and the charterers the master has authority to bind the latter.(c) If therefore the master is not in fact authorised to bind the shipowners by bills of lading, it becomes his duty to give to shippers distinct notice of his want of authority ; and this may best be done by using a form of bill of lading appropriate for the purpose.(«?) (y) Mitchell v. Ede, 11 Ad. & El. 888 ; (c) Sandeman v. Smrr, L. B. 2 Q. B. Gurney v.. Behrend, 3 Ei. & Bl. 622 ; 86, per Cockburn, C.J., at p. 97 ; see also Brandt V ^owj%, 2 B. & Ad. 932. As The Patria, Jj. B,. 3 Adm. 436; The to when conBignors may require redelivery Figlia Maggiore, 2 ib. 106; The St. of the cargo, and the master's rights in Chud, B. & L. 4, 15; Omoa, Sc, Co. v. such a case, see §§ 316-318 mp. Euntley, 2 C. P. D. 464 ; cp. WagstaffY. {z) 18 & 19 Vict. c. Ill, s. 1 ; supra Anderson, 5 C. P. D. 171. For a recent § 350. ' case in which charterers were held liable, (a) § 351. see Herman v. Boycd Exchange, &c., Co. (b) As ia BaumvoU, &c., v. GUchrest, 1 C. & B. 413. , . r, t> r> (1892) 1 Q. B. 253 ; (1893) A. C. 9 ; (d) As in Sayn v. Culhford, 4 C. P. D. see also Colvin \. Newberry, 1 C. & F. 182. 283, and cases cited supra § 301. 248 CHAP. VI.— BILLS OF LADING. Exceptions limit liability, but not duty do not in general excuse negligence, breach of contract, unsea- worthiness. or mishap during deviation. Nor from contribution in general average. Meaning and effect of exceptiotis in the Bill of Lading. § 357. Speaking generally, the " exceptions " in the contract of carriage limit the liability, but not the duty of the owners and master. They do not relieve the owners or master from the obli- gation to navigate with ordinary skill and care. It is still their duty to do what they can, by reasonable skill and care, to avoid all perils, including the excepted perils. If, notwithstanding such skill and care, damage does occur from these perils, the owners and master are released from liability ; but if their negligence or breach of contract,(e) or barratry of the master or crew,(/) has brought on the peril, or has aggravated the consequences,(^) then the damage is attributable to their breach of duty, and the excep- tions do not aid them,(^) unless aptly framed for that purpose. But even where the negligence of the shipowner's servants is not itself an excepted peril, the exceptions in the bill of lading throw upon the plaintiff, in an action for damage or loss to the goods primd facie occasioned by a peril which is excepted, the burthen of proving that it was such negligence that caused the mischief .(i) Again, the exceptions do not, in the absence of an express pro- vision, protect the' shipowner or master against the consequences of providing an unseaworthy ship, and the ordinary exception of negligence of the master and crew is insuflScient for this purpose ; (k) nor from the consequences of perils encountered during deviation.(Z) And inasmuch as " the office of the bill of lading is to provide for the rights and liabilities of the parties in reference to the con- tract to carry, and is not concerned with liabilities to contribution in general average," the exceptions in the bill do not, unless the contrary appears, relieve the shipowner from such liability to contribute, (m) § 358. It remains to consider the meaning attached by the courts to the various exceptions commonly found in bills of lading. (e) See Boyal Exchange, &c., Co. v. Discon, 12 Ap. Ca. 11 ; affg. Newall v. Same Co., 33 W. E. 868. (/) The Ohasca, L. E. 4 Ad. 447. (g) Notara v. Henderson, L. E. 5 Q. B. 346 ; 7 a. 225 ; The Bona, 51 L. T. 28. (h) Per Lush, J., QUl-v. Manch. B. Co., L. B. 8 Q. B. 196 ; Czech v. General Steam, Sc, L. E. 3 C. P. 17 ; Leuw v. Dudgeon, ib. n. ; Phillips v. Clark, 2 C. B. N. S. 156 ; Lloyd v. Oen. Sc, Co., 3 H. & C. 284 ; Tattersall v. National, &c., Co. 12 Q. B. 1). 297 ; GriUy. General Iron, (fee, Co., L. B. 1 C. P. 600 ; 3 C. P. 476; and see per Lord Hersohell, The Xantho, 12 Ap. Ca. at p. 510 ; per Lord Watson, Hamilton v. Pandofrf, ib. at p. 526. (i) CzeA V. General, &c., L. E. 3 C. P. 14 ; The Heline, L. E. 1 P. C. 231 ; disting. Taylor v. Liverpool, &c., Co., L. B. 9 Q. B. 546. (Tc) Steel v. State Line, 3 Ap. Ca. 72 ; The Glenfruin, 10 P. D. 103 ; Gilroy v. Price, (1893) A. C. 56; Tattersall v. National, <&c., Co., 12 Q. B. D. 297. For an example of conditions limiting the warranty of seaworthiness, see The Cargo ex Laertes, 12 P. D. 187. (i) Ledue v. Ward, 20 Q. B. D. 475 ; Glynn v.Margetson,'W. N. (1893) 76, affg. (1892) 1 Q. B. 337 ; see §§ 175-178 supra. (tb) Schmidt v. Boyal Mail S.iS. Co., 45 L. J., Q. B. 646 ; Ooofof v. Allan, 5 Q; B. 1). 38, 40 ; and see Burton v. '" h, 12 Q. B. D. 218, 222. §§ 357-369.— MEANING AND EFFECT OF THE EXCEPTIONS. 249 The first words of the ordinary exception are " the ctct of God." " The act of This limitation of liability exists at common law in the case of all ^°^-" common carriers, without any express agreement to that effect. (%) This exception includes only such events as could not happen by the intervention of man, as storms, lightning, tempests, and the like.(o) And in order to fall within its meaning they must be direct, violent, sudden, and irresistible by the exercise of any reasonable skill and diligence, (p) Thus in a case of inland carriage, a loss caused by a sudden gust of wind has been held to be within the exception.(5') But a loss caused by a mere accidental circumstance — e.g. the tide in boisterous weather lifting up a ship and pitching her on the rudder of another ship ;(r) or a loss caused by fire, which although caused by no negligence on the part of the carrier, yet was not occasioned by lightning (s) — is not within the exception. The expression is " confined to events which cannot be foreseen, or which, if they can be foreseen, cannot be guarded against " (t) by any reasonable exertions. But the carrier will be protected when some other circumstance for which he is not responsible unites with the act of God to produce an irresistible combination, though neither would have been irresistible if unaccompanied by the other. (tt) § 359. The exception, " dangers and accidents of the seas, rivers, "Dangers and und navigation," includes, in addition to the common risk of navi- *<=°'"*?''^ °' ■' ' ' eeas, nvere, gation from rocks, sands, heavy seas (x) and the like, loss by and navi- collision,(y) although in this as in other cases an owner or master ^^ """' cannot avail himself of the exception where the peril was brought about by negligence for which he is responsible.(2:) It has also been held to cover damage caused to the cargo by Damage by the oozing of wine from the casks through straining in bad ^[ng"°ftg weather, provided the cargo is properly stowed, or is stowed by in heavy persons for whose acts the shipowner is not responsible; (a) damage by sea-water which escaped through a hole gnawed in a pipe by rats on board the vessel ;(&) and damage by sea-water Sea- water admitted through the vessel accidentally canting over in the ^at™"*'^^ (re) Coggs v. Bernard, 2 Ld. Eaym. Commissioners, &c., for Essex (Fobbing), 909 ; 1 Smith, L.C., 9th ed. 201, 215 ; 14 Q. B. D. at p. 574. Dade v. Hail, 1 Wilson, 281 ; The Pro- (u) Nugent v. Smith, ubi sup. prietors of the Trent Navigation y. Wood, (x) See The Oressington, (1891) P. 3 Esp; 127. 152. (o) See per Lord Mansfield in JVioarrf (y) Bvller v. Fisher, 3 Esp. 67 ; The V. Kttard, 1 T. K. S3. Xantho, 12 Ap. Ca. 503 ; Garston Sail- (p) Nugent v. SmUh, 1 0. P. D. 19, ing Ship Co. v. EicUe, 18 Q. B. D. 17. 423; per Cockburn, C.J., at pp. 434- (s) 12 Ap. Ca. at p. 510; see notes (e) 438 ; and see per Martin, B., Oakley v. to (h) swpra. Portsmouth, &c., Co., 11 Ex. 618. (o) The Catherine Chalmers, 32 L. 1. (gr) Amies v. Stevens, 1 Str. 128. 847. weather. (r) OaUey v. The PoHsmouth, &c.,Co., (6) Hamilton v. Pandorf \2. Ap. L.a. 11 Ex. 618 ; Smith v. Shepherd, cited i6. 518 ; reversing Pandorf v. Bamilton, 17 622. Q. B. D. 670, and restoring the judgment (s) Forward v. Pittard, 1 T. B. 27. of Lopes, L.J., 16 ib. 629. 250 by accident in course of unloading. "Risk of boats." To what cases it does not extend : damage by rats. Temporary obstruction does not dis- solve contract. Seizure under KevenueLaws. Improper stowage. " Perils of the seas " in policies of insurance. CHAP. VI.— BILLS OF LADING. course of unloading, and after the crew had been discharged.(c) But it does not cover damage by sea-water admitted by the bar- ratrous act of the crew.(c^) Under a clause which was usual in the case of vessels trading to the West Indies, where it was the practice to carry the cargo to and from the shore in boats, excepting " dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, save risk of boats, so far as ships are liable thereto," the ship's boat, with cargo on board for delivery, having been lost in a hurricane, it was held that the shipowner was under no greater liability in respect of the goods while in the boat than while on board ship, and that he was protected by the exception.(e) It was held in some early cases that a loss by pirates came within the exception of " perils of the sea ;"(/) but this particular danger is now generally the subject of an express exception. § 360. The exception under consideration does not relieve from liability for injury caused by rats to the goods themselves.(^) Nor does it enable the shipowner to take advantage of an impedi- ment which is merely temporary in its nature, such as neap tides or obstruction by ice, for the purpose of evading altogether the further performance of his contract ; (h) though no doubt in such a case he would incur no liability for delay occasioned by the impediment. And the seizure and sale of the goods as contraband under the revenue laws of the country at one of whose ports the ship calls in the course of her voyage is not a loss by " dangers and accidents of the seas," or of " navigation,"('i) Nor does this exception, in the absence of an adequate negligence clause, cover damage by sea- water which has arisen in consequence of improper stowage, or stowage in an improper place, by persona for whose acts the master is responsible; (A) nor injury arising in part from the perishable and putrescible nature of the goods, and in part from their collocation in the ship and the want of due ventilation. (^) § 361. The words "perils of the seas" have received a con- struction in numerous cases which have arisen upon policies of insurance. And although, owing. to the effect of the rule which (c) Laurie v. Douglas, l6 M. & W. 746. This was held to be a peril of navi- gation ; but it is doubtful whether the decision would now be followed. See The Accomac, 15 P. D. 208, 211 ; Davidson v. Burnand, L. E. 4 C. P. 117, 120. (d) The Ohasca, L. E. 4 Ad. 446. (e) Johnston v. Benson, 1 B. & B. 454. The negligence clause received a similar extension in Nottebohm v. Bichter, 18 Q. B. D. 63, where " cargo was to be taken from the bank in ship's boats .... at ship's risk." (/) FicJcering^ v. Barclay, 2 ftoll. Ab. 248 ; Barton v. Wallifora, Comb. 56 ; Abbott, 13tb ed. 461 ; BusseU v. Niemann, 17 C. B. N. S., 163, 175, per Byles,'J. See, however, CuUen v. Butler, 5 M. & S. 461 ; Carver, § 86. (g) Kay v. Wheeler, L. E. 2 C. P. 302 ; Laveroniy.Driiry,8'Ex.l66. C'p. Bohl V. Parr (damage by worms : insurance), 1 Esp. 445 ; ivfra § 361. (h) Schilizzi v.Derry,4:'E. & B. 873 (a charter-party case). (i) B^ence v. Chadwick, 10 Q. B. 517. As to the exception " Restraint of Princes" see § 365 infra. {k) The Oquendo, 38 L. T. 151. il) The Freedom, L. R. 3 P. C. 594. §§ 357-369.— MEANING AND EFFECT OF THE EXCEPTIONS. 251 precludes the shipowner from excusing himself for a loss by an " Perils ot the excepted peril which was caused or aggravated by his own negli- ^«».s">° ^^^ gence or that of his servants, a contrary opinion for some time prevailed,(m,) it is now settled that the words " perils of the seas," or their equivalent, bear the same meaning when used in a con- tract of carriage as when used in a policy of insurance. (71) The following losses have been held to be by "perils of the seas " within the meaning of policies of insurance, viz. : Col- lision ;(o) death or injury caused to animals by the motion of a ship during a storm ;(jp) stranding, other than grounding in the ordinary course of navigation. (2) On the other hand, injuries caused by the work of worms at sea have been held not to be a loss by " perils of the seas " within the meaning of a policy ;(r) and the same view is taken of injuries •which have occurred when a ship has been under repair on a beach within the tideway ; (s) or by reason of her taking the ground on the falling of the tide, whilst moored in a tide-harbour in the ordinary course of her voyage. (<) In Thames and Mersey, &c., Co. v. Haniilton,{u} part of a pump insured under a marine policy was burst, because a valve which should have let the water into the boiler was stopped up while the pump was being worked, for the purposes of navigation, by a donkey engine. It was held that this was not a loss by " perils of the seas," or within the general words of the policy. And the opinion was expressed that a loss by the explosion of the boiler of a steamship ought to fall within the same principle. (a;) § 362. In view of the risk of damage arising from the nature "Heating," of the goods themselves, it is a frequent practice to add to the \i^21''g^ excepted perils some such words as the following : " Heating," " decay,'' " putrefaction," " rust," "leakage," "breakage." "any loss arising from the nature of the goods or the insufiBciency of the packages." It is held that such exceptions only cover mis- chief inherent or arising in the damaged goods themselves, and do not extend their protection to the case of damage by contact (m) WoocUey v. Michdl, 11 Q. B. D. Letchford v. Oldham, 5 Q. B. D. 538, 47 ; per Brett, L.J., Chartered, &g.. Bank and caaea there cited. T. Netherlands, tfec, Co., 10 Q. B. D. 521, {r) Bohl v. Parr, 1 Esp. 445. 580, 531. (s) Thompson v. Whitmore, 3 Taunt. (») The Xantho, 12 Ap. Ca. 603, 610 ; 227 ; and see Davidson v. Burnand, Hamilton v. Pandorf, ib. 518, 625 ; and L. E. 4 C. P. 117. seeder Sir J. Napier, The Freedom,'Sj.R. (t) Magnus v. Buttemer, 11 C. U. 3 P. C. 694, 601. 876. ^ .. (0) Smith V. Scott, 4 Taunt. 126. (u) 12 Ap. Ua. 484 ; revg. Harmlton (p) Lawrence v. Aberdein, 2 B. & A. v. Thames and Mersey, &c., 17 y. ±s. D. 107 ; Oabay v. Lloyd, 3 B. & C. 793. 195. r. 10 a n (q) Hahn v. Corbet, 2 Bing. 205 ; (x) Per Lord Halsbury, 0., 12 Ap. (.a. Fletcher v. Inglis, 2 B. & A. 315; 491, dissenting from jresJi«cZia,*c Co. Bishop V. Pentland, 7 B. & 0. 219 ; Bed- v. Borne and Colonial, &e., Co., 6 y. a.U. many. Wilson, 14 M. & W. 476 ; and see 61 ; see the cases collected m the judg- ment of Lord Herschell, 12 Ap. Ca. 493. 252 Negligence clause. "Pirates," " Bobbers," and " Thieves." CHAP. VI.— BILLS OF LADING. with or proximity to other goods in which the mischief has developed.(«/) 363. The effect of the negligence clause most commonly found in bills of lading is to enable the person liable on the contract to take advantage of "the dangers and accidents of the seas, rivers, and navigation, even when occasioned by the negligence, default, or error in judgment of the pilot, master, mariners, or other servants of the shipowners. "(2;) A similar clause, excepting ''any act, neglect, or default whatsoever of the pilot, master, crew, or other servants of the shipowners," is frequently inserted in charter-parties,(a) and seems, in so far as it does not depend for its operation upon the intervention of accidents of the seas, to be somewhat wider in its effect than the clause quoted above. An exception of " negli- gence or default of pilot, master, mariners, or engineers, whether in navigating the ship or otherwise," introduced into the bill of lading, was held in Norman v. Binnifigton (h) to relieve the ship- owner from liability for damage occasioned to goods by the negli- gence of their servants in stowing them on board the ship. But where the negligence excepted is " default of the pilot, master, or mariners in navigating the ship," or "in the navigation or management of the ship," it is held (1) that stevedores are not included among the persons enumerated ; and (2) that stowage is not within the terms " navigation or management. "(c) The general result of an extensive negligence clause is to impose upon the shipper the necessity of looking to his insurers alone for almost any loss that may arise. It is sometimes sought to attain this result directly by a clause relieving the shipowner from liability " for any damage to any goods which is capable of being covered by inBurance."(cZ) The negligence cla,use does not, as we have seen, affect the implied warranty of seaworthiness, unless aptly framed for that purpose.(e) § 364. It was a good many years ago held that an exception of " robbers " meant robbers by violence, and did not protect the carrier from liability for the loss of a box of gold dust which was stolen from a railway truck. (/) It has since been settled that an exception of "pirates, robbers, or thieves" does not relieve from liability for theft committed by persons on board the ship.(p') (y) Thrift v. Yovh, 2 C. P. D. 432 ; Barrow v. WUliams, 7 T. L. E. 37. • {z) See for e."!ample, T/te Cressington, (1891) P. 152 ; Chartered, dbc. Bank v., Netherlands, dc, Co., Q Q. B. D. 118; 10 ib. 521. (a) See, e.g., Tlie Carron Parle, 15 P. D. 203 ; The Accomac, ib. 208. ■ (6) 25 Q. B. D. 475; see also Tlie Duero, L. E. 2 Ad. 393. This case is an authority for the legality of the negligence clause. (c) SayuY. Oidliford, 3 C. P. D. 410 ; 4 ib. 182 ; The Ferro, (1893) P. 38. (d) Taylor v. Liverpool, &c., Co., L. E. 9 Q. B. 546 ; iwf. § 364. (e) Steely. State Line, 3 Ap. Ca. 72, and cases cited supra § 357. (/) De Bothschild v. The Royal Mail, : Co., 7 Ex. 734. !* • ! *+• " son to have the goods landed at a certain wharf, at which he of ownership. had been accustomed to have goods landed, and kept until he took them away to customers in his own carts, and at the same time told his son that, as he was insolvent, he would not meddle with the goods, it was held that the landing and warehous- ing were not a taking possession by the consignee as owner and that the transit and the right of stoppage were not at an end.(/) And so, in Bolton v. Z. and Y. Railway, one Woolstencroft, of (6) Wright V. Lawes, 4 Esp. 82 j per (c) Per Parke, B., 'Whitehead v. A-nder- Chambre, J., Oppenheim v. Hussell, 3 son, 9 M. & W. 518, 529, 534; but see B. & P. at p. 54; Jachson v. Mchol, 5 Blackburn on Sale, 2nd ed. 375. Bing. N. C. 508, 519 ; AUan v. Chipper, (d) Per Tindal, C.J., Jackson v. Nichol, 2 Cr. & J. 218 ; Foster v. Framptm, 5 Bing. N. C. 508. 6 B. & C. 107 ; James v. Gri^n, 2 M. & (e) Valpy v. Gihson, 4 C. B. 837 ; cp. W. 623, 633 ; Whitehead v.' Anderson, Ogle v. Atkinson, 5 Taunt. 759, supra, 9 M. & W. 518, 534 ; 1 S. L. C. 9th ed. § 380. 806. The carrier may deliver the goods (/) James v. Griffin, 1 M. & W. 20; at any place agreed between him and the 2 M. & W. 623 ; and see Mills v. Ball, consignee without breach of duty to (he 2 B. & P. 457 ; Edwards v. Brewer, 2 consignor ; L. & N. W. B. v. Bartlett, M. & W. 375. 7H. &N. 400. 272 Consignor and consignee mast have assented to it. Goods need not come to the corporal touch of consignee. Touching, marking, or sampling the goods not ' alone bvlS.- cient. CHAP. VII.— STOPPAGE IN TBANSITU. Manchester, sold to Parsons, of Brierfield, certain goods lying at the defendant's station at Salford, and sent the buyer an invoice and delivered part. Parsons then wrote refusing to take any more on account of alleged bad quality. Woolstencroft, on the same day, ordered the defendants to deliver another portion of the goods to Parsons, and wrote to the latter that he had done so " according to your wish ; the other four are lying at Salford awaiting your instructions." Parsons replied, returning the in- voice and refusing to take any more of the goods. Woolstencroft then wrote demanding payment of all the goods undelivered, and sent an order to the defendants to deliver the rest of the goods to Parsons, Both Parsons and Woolstencroft refused to receive them. Parsons then became bankrupt, and the vendor then sent a stoppage order to the defendants, in whose hands the goods remained, and the goods were delivered to him. An action was thereupon brought against the defendants by the assignees of Parsons ; but it was held, that the transitus was not at an end, and that the arrival at the hands of the vendee, which is to divest the right of stoppage, must be such that the vendee has taken actual or constructive possession of the goods, and that this cannot be as long as he repudiates them,(^) § 388. In order to effect a transfer of the possession of the goods from the consignor to the consignee, it is not necessary that the goods should come to the actual corporal touch of the con- signee. (A) There may be a delivery to, and a taking of possession by, the consignee, so as to put an end to the transit, without his even seeing them. As, for example, by delivery of the key of the warehouse where the goods are. All that is necessary is, that he exercise some act of ownership over the property, (i) And this he may do equally through an agent, or by his own ha,nd.(k) On the other hand, it would seem, that the mere fact of the consignee or his agent marking, touching, or sampling the goods, or the like, while they are in the possession and custody of the master, or carrier, and without removing them from such pos- session or custody, although done as if with the intention of taking possession, would not give a constructive possession to the con- signee, unless it was accompanied with such circumstances, as to denote, that the master or carrier was intended to keep, and assented to keep, the goods, as the consignee's agent for their safe custody.(i) Accordingly, where consignee's agent went on board (Ic) See, e.g., Leeds -v. Wright, SB.SlF. 320 ; S(Att V. Pettit, Hid. 469. {I) Per Parke, B., Whitehead v. Ander- son, 9 M. & W. 518, 535 ; such circum- stances existed in Foster v. Pranmton, 6 B. & Cr. 107 ; see also Ellis v. Hunt, 3 T. K. 464 ; cp. Niclwlson v. Bower, ig) Bolton v. L. & Y. B., L. E..1 C. P. 431. (h) Ellis V. Hunt, 3 T. K. 464 ; Dixon V. BoMwen, per Lord EUenborough, C.J., 5 East, 175, 184. (i) Per Lm-d Kenyon, Wright v. Lawes, 4 Esp. 82, 85. §§ 388-S94.— HOW LONG THE EIGHT CONTINUES. 273 for the purpose of taking possession, and touched the goods, but it did not appear whether by design or otherwise, and told the master that he had come to take possession, but the master did not consent to deliver immediate possession or to waive his lien for the freight, it was held there was no taking of possession, «ither actual or constructive, by the eonsignee.(m) § 389. Actual delivery, such as to put an end to the transit. At what place is in the absence of special circumstances, {n) complete when the *™°"' ®'^'^°- goods have arrived " at the place which as between buyer and seller is the place of their destination," (o) whether that be the ■consignee's own warehouse or ship, (p) or a place which, though belonging to another, he has been in the habit of using as his warehouse or as the place of deposit for his goods, (^) as for example the warehouse of the carriers employed by the consignee, where it has been the custom to receive his goods and to keep them, till he removed them ;(r) or a wharf or warehouse where goods shipped for the consignee have been usually landed and kept until sent for, or made the subject of further orders, by him,(s) or where, according to the arrangement between himself and the consignor, the goods are to be delivered and remain at the consignee's orders, though that may not be their ultimate ■destination. (<) But the arrival of the ship with the goods on board at a port of call for orders, does- not put an end to the transit, although the ultimate destination of the goods, as between vendor and vendee, may not be determined until such orders are received, (w) The fact that the vendee is a commission agent, who is under Vendee com- contract to forward the goods to his principal as soon as they are yendor's^*" ' delivered to him, does not extend the period of transit as between rights uu- 1 . J J.! n / \ affected. mm and the vendor.(a;) § 390. Where, before the right of stoppage has been exercised, QueBtion goods have reached an intermediate resting-place from which they OTig;na[ lave been, or must necessarily be, again put in motion to their tranBit ended ultimate destination, the question whether the original transit is transit begun. 1 El. & El. 172 ; Co<^er v. Sill, 3 H. & Outhwaite, 10 M. & W. 436 ; Dodson v. C. 722. Wentworth, 4 M. & Gr. 1080 ; Smith v. (m) Whitehead V. Anderson, 9 M. & W. Sudson, 6 B. & S. 431. .518. (t) Per Parke, B., James v. Oriffin, 2 (n) See James v. 6friffin, 1 M. & W. M. & W. 633 ; Dixon v. Baldwen, 5 20 ; 2 i6. 623. 'EidiSt,n6; ExparteOihheSyreWhitworth, (o) Per Cookburn, G J., Smith v. Hud- 1 Ch. D. 101 ; Merchant Banking Co. v. .son, 6 B. & S. 431 ; Ex parte Miles, re Phoenix, &c., Co., 5 Ch. D. 205 ; and see Isaacs, 15 Q. B. D. 39 ; Kendal v. Mar- note {p)sup. shall, 11 Q. B. D. 356. (u) Eraser v. Witt, L. E. 7 Eq. 64. (/)) See § 379 supra. {x) Ex parte Miles, re Isaacs, 15 \q) Scott V. Pettit, 3 B. & P. 469. Q. B. D. 39 ; Ex parte Francis, re Bruno, (r) Bowe V. Pickford, 8 Taunt. 83; 56L. T. 577. Dieting. Coates v. Bailton, Allan V. Oripper, 2 Cr. & J. 218. 6 B. & C. 422 ; commented on and ex- (») Bichardson v. Ooss, 3 B. & P. 119 ; plained in Kendal v. Marshall, 11 Q. B. D. 1 S. L. C. 9th ed. 801 ; Wentworth v. 366, 369. S 274 CHAP. Vn.— STOPPAGE IN TRANSITU. Whether original transit ended and new transit begun. BetlieU 1 Clark. Ex parte Watson, re Love. Exparte Miles, re Isaacs. at an end, and a fresh transit begun, or in contemplation, is often a difficult one. In such cases " the way in which the question has been dealt with is this, where the transit is a transit which has been caused either by the terms of the contract, or by the directions of the purchaser to the vendor, the right of stoppage in transitu exists ; but, if the goods are not in the hands of the carrier by reason either of the terms of the contract, or of the directions of the purchaser to the vendor, but are in transitib after- wards in consequence of fresh directions given by the purchaser for a new transit, then such transit is no part of the original transit, and the right to stop is gone. So also, if the purchaser gives orders that the goods shall be sent to a particular place^ there to be kept till he gives fresh orders as to their destination to a new carrier, the original transit is at an end when they have reached that place, and any farther transit is a fresh and indepen- dent tran8it."(y) In JBethell v. Clark, {z) the purchasers, merchants in London, directed the vendors, manufacturers at Wolverhampton, to consign the goods " to the Darling Downs, to Melbourne, loading in the East India Docks here." They delivered the goods to a railway company to be forwarded to the ship, and afterwards, having learned that the purchasers were insolvent, gave notice of stop- page in transitu to the Eailway Company, but too late to prevent the goods being delivered on board the ship. Before the latter reached Melbourne, the vendors also claimed the goods from the- shipowners. It was held that the direction by the purchasers to the vendors was, to deliver the goods for carriage to Melbourne, that the destination was therefore Melbourne, and that the transit, therefore did not end on the arrival of the goods there. A similar result was arrived at in Hx parte Watson, re Zove,(a} where the purchaser was under contract with the vendor to ship the goods to a specified firm in Shanghai, the vendor having a lien on the bills of lading. It was held that the destination of the goods was Shanghai, and that they could not be stopped in transitu until their arrival there. In Exjparte Miles, in re Isaacs,(b) on the other hand, the vendee,, who was a commission agent, bought goods, as the vendors were able to infer from the terms of the order taken in connection with their previous dealings, for a firm in Jamaica. The vendee sub- sequently directed the vendors to forward the goods to a firm at- Southampton for shipment by a particular ship, " advising them (2^) Per Lord Esher, M.E., Bethell v. OlarJc, 20 Q. B. D. at p. 617. (s) 19 Q. B. D. 553 ; 20 ib. 615. Appd. by the P. C. in Lyons v. Hoffnvmg, 15 Ap- Ca. 391 ; and see Bodger-v. Comptoir, (&c., L. R. 2 P. C. 393, 404. (a) 5 Ch. D. 35. See this case ex- plained in Ex parte Miles, re Isaacs, 15 Q. B. D. at pp. 46, 47. (&) 15 Q. B. D. 39. See also Kendal V. Marshall, 11 Q. B. D. 356 ; Ex parte Sughes, re Gurney, 67 L. T. 598. §§ 384-394.— HOW LONG THE BIGHT CONTINUES. 275 with particulars for clearance." The particulars sent by the whether vendors to the Southampton firm did not specify the name of the original consignee, or the destination of the goods. These were after- and new wards furnished by the vendee. It was held that in the absence *^^°^^* ^egvn. of any direction by the vendee to the vendor to forward the goods to Jamaica, or of any contract by the vendee with the vendor that he would himself do so, the destination as between them was Southampton, and that it was too late to stop in transitu after the goods had arrived there. The foregoing cases indicate that no hard-and-fast rule of law can be laid' down for determining at what point the transit ends in every case. The question is in each case a question of inference from known facts as to the real intention of the parties, (c) § 391. The right to stop is at an end, if the goods are Delivery to delivered to an agent or servant authorised by the consignee to agenf to keep receive and keep them for him, or to detain them until fresh determines directions are given by him, (d) and this may, as we have seen, (e) ^^^^^ ' occur before the goods have arrived at the destination contem- plated by the consignor. Where, for example, merchants in London were in the habit of ordering goods from manufacturers, to be sent to M. at Hull, for the purpose of being afterwards sent by M. to persons abroad, according to orders to be afterwards received from the merchants in London, it was held, that the right to stop was at an end, when the goods came into the possession of M. at B[ull.(/) And where the goods are delivered to an agent of the con- signee at the place which, so far as regards the consignor, is the place of their destination, the circumstance that it is the duty of the agent to forward them to some new destination under the directions of the consignee, has no effect in enlarging the time during which the goods may be stopped.(^) And it is immaterial whether the consignee gives his directions to his agent before or after instructing the consignor as to the delivery of the goods. (A) In Kendal v. MarshaU,(i) the vendee directeid the vendor to send the goods to forwarding agents at Garston. He had already advised the agents that the goods had been sent to them, and (c) Per Jesse], M.K., Merchant, die, {g) Dixon v. Baldwen, uU sup.; per Co. V. Phcenix, &c. Co., L. R. 5 Eq. at Cur., Valpy v. Oihson, 4C.B. at p. 865 ; p. 219. Kendal v. Marshall, 11 Q. B. D. 356 ; id) See per Parke, B., James v. Griffin, Ex parte Oihbes, re Whitworth, 1 Ch. D. 2 M. & W. at p. 633 ; Dixon v. Baldwen, 101 ; see also Ex parte Miles, m re Isaacs, 5 East, 175 ; Leeds v. Wright, 3 B. & P. 15 Q. B. D. 39 ; -Eb; parte Francis, re 320. Bruno, 56 L. T. 577. (e). See L. & N, W. B. v. Bartlett, 7 (h) Per Brett, L.J., 11 Q. B. D. 365. H.&N.400. (i) 11 Q. B. D. 356, (/) Dixon V. Baldwen, uhi svp. 276 Aliter of delivery to agent to forward. Carrier may agree to become agent to keep. When delivery of part is de- livery of the vrliole, so as to put an end to right of stoppage. CHAP. VII.— STOPPAGE IN TBANSITU. directed them that they should be forwarded to Rouen. On the failure of the vendee, the vendors sought to stop the goods in the agent's hands, and it was contended that Rouen was their des- tination. It was held, however, that the transit ended when the goods came to the agent's hands, and that the right to stop no longer continued. § 392. But, if the consignor delivers the goods to an agent for the purpose of forwarding them to the place which, as between the consignor and the consignee, is their destination, even though the agent have to retain them until a convenient opportunity for delivering them, yet, inasmuch as there is no intention that such agent should receive and keep the goods for the consignee, the transit and right of stoppage continue so long as they are in the agent's hands.(7<;) And the delivery of the goods to an agent of the consignee does not put an end to the transit, if he is merely an agent to forward the goods towards the place which is, as between con- signor and consignee, their destination, and not to receive and keep them at the consignee's orders. (Z) Thus, if goods consigned by the vendor to the vendee are sent by sea to a port, from whence they have to be forwarded by land, and upon the ship's arrival at the port are delivered to a wharf- inger, who receives them on the part of the vendee to be for- warded to him accordingly, the transit is not at an end while they are in the hands of the wharfinger.(m) We have already seen(w) that if the master or carrier enters, either expressly or by implication, into a new agreement with the consignee distinct from the original contract for carriage — viz., to hold the goods for the consignee as his agent, not for the purpose of forwarding them to their destination, pursuant to the original contract, but for the purpose of keeping as a warehouse- man on account of the consignee, until some new order is received from him, the goods have, in such case, come to the constructive possession of the consignee, and the transit and right of stoppage are at an end. § 393. The delivery of part of the goods operates as a delivery of the whole, and puts an end to the transit and the right of stoppage in those cases, and those only, where it is made in progress of and with a view to the delivery of the whole, the {h) Smith V. Ooss, 1 Camp. 282 ; Ooat^ V. Bailton, 6 B. & Cr. 422 ; Jack- ton V. Nichol, 5 Bing. N. C. 508. (1) Jackson v. Nichol, 5 Bmg. N. C. 508 ; NichoUs v. Le Feuvre, 2 Bing. N. C. 81 ; Bethell v. Clark, 19 Q. B. D. 553 ; 20 ib. 615 ; Lyons v. Hoffnwig., 15 Ap. Ca. 391. (m) Mills V. Ball, 2 B. & P. 457. For parallel cases of goods sent by land to a seaport, and there delivered on board a ship named by the consignee, see Ex parte Watson, re Love, 5 Ch. D. 35 ; Bethelly. Clark, 20 Q. B. D. 615 ; § 390 supra. («) Ante § 381. §§ 384-394 — HOW LONG THE EIGHT CONTINUES. 277 consignee taking poasession with that view and his intention being acquiesced in by the carrier, (o) The following examples illustrate this proposition : — In Sluley v. Reyward,(j)) the owner of a cargo of wheat sold it When delivery to G. & H. B., and transmitted to them a bill of lading by which "[^P"' ™*' the wheat was deliverable to them or their assigns. G. & H. B. sold to S. and indorsed the bill of lading to him, and S. with the consent of G. & H. B. ordered the ship to Falmouth, and there began receiving the cargo from the master, and received 800 bushels ; it was held that this was a delivery of the whole, there appearing no iatention to separate part of the car,go from the rest, and that therefore the transit was over, and right to stop the rest was gone. A similar result was reached in Sammond v. AndeTson,{cD where bales of bacon lying at a wharf were sold, and an order was given by the vendors to the wharfinger to deliver them to the vendee, and the vendee went to the wharf, weighed all the bales, and took away several. In Jones v. Jones,{r) a vessel laden with 80 quarters of wheat arrived at Barmouth, and the assignee of the insolvent vendee of the wheat went on board, took samples and sold 70 quarters, for which he paid freight, and which were delivered to the sub- vendees. He then directed the master to take the other 10 quarters to Tremadoc. It was held, that these circumstances showed, that the entry on board at Barmouth and taking of samples was with the intention of taking the whole, and that the right of stoppage over the remainder was gone. § 394. On the other hand, if the consignee take possession of When delivery part of the goods, not intending thereby to take possession of the sufficient."" whole, but merely to separate that part and to take possession of that part only, and not intending by taking that part to exercise an act of ownership over the whole, such taking possession puts an end to the transit and the right of stoppage only with respect to that part and no more, and the right of stoppage over the remainder will continue.(s) In Tannery. Scovell,{t) goods were forwarded by ship to London, (o) Slvhey v. Heyward, 2 H. Bl. 504 ; 431, 442 ; Bunney v. Poyntz, 4 B. & Ad. Dixon V. Yates, 5 B. & Ad. 313 ; Bunney 568, 570 ; Boltony. Lanc.S York.B. Co., v. Poyntz, 4 B. & Ad. 568 ; Hammond v. L. E. 1 C. P. 431, 440 ; Miles v. Gorton, 2 Anderson, 1 N. E. 69 ; Tannery. Scovell, Cr. & M. 504. It was said that a delivery 14 M. & W. 28, 36 ; ilx parte Cooper, re of part primd facie imports an intention McLaren, 11 Ch. D. 68. to deliver the whole ; Betts v. OihUns, 2 (p) 2 H. Bl. 504. A. & B. 73. That dictum is now over- (g) Hammond v. Anderson, 1 B. & P. ruled ; see Tanner v. Seovell, 14 M. & W. N. B. 69 ; see also Ux parte Gibbes, re at p. 37 ; 1 S. L. C. 9th ed. 805; Exparte Whitworih, 1 Ch. D. at p. 109, per Cooper, re McLaren, 11 Oh. I). 68. Bacon C.J. (t) UM.&W. 28; see a\so Bolton v. (r) 8 M. & W. 431. Lane. & York. B. Co., L. K. 1 C. P. 431, («j Per Cur., Tanner y. Seovell, 14 M. tup. § 387, and cases cited in note (s). & W. 28, 37 ; Jones v. Jones, 8 M. & W. ■ 278 CHAP. VII.— STOPPAGE IN TRANSITU. When delivery deliverable to B. & Co., or their assigns, and were landed at the Bulcient.""* defendants' wharf. M. contracted with B. & Co., for the purchase of these, and the vendors gave an order to the defendants " to weigh and deliver " the goods to M. The goods were accordingly weighed and an account of the weights sent to B. & Co., who made out invoices to M. accordingly. M. resold several bales, which were delivered upon M.'s order, to his vendees. The re- maining bales continued on defendants' wharf, and it was held, that, inasmuch as the delivery of part of the goods was not intended to be, and did not operate as a delivery of the whole, but was a separation for the purpose of that part only, B. & Co.'s - right of stoppage over them continued to exist. In Ex parte Cooper, re McLaren,(v) 11 A: tons of miscellaneous iron castings were shipped by vendors in Scotland to a consignee in London. On the arrival of the ship, and a part only of the freight having been paid, 30 tons were delivered. The consignee then, being not only the purchaser of the goods, but also a mem- ber of the vendor's firm, and having learned that both firms were insolvent, gave directions to stop taking delivery. The vendors gave notice to stop before any further delivery was made, and before the full freight had been paid. It was held that it lay upon the purchaser's trustee in bankruptcy to show that the delivery of part operated as a delivery of the whole. And that inasmuch as the captain could not have intended to give up his lien for unpaid freight, he did not intend to deliver the whole ; and that for the same reason it could not be inferred that the purchaser intended to take delivery of part as delivery of the whole. It was further held that the fact that the purchaser was a member of the vendor's firm, did not afiect the latter's right to stop. How the Bight may be Defeated while the Goods are in Transit. Generally. § 395. We have seen above that if the consignee takes the goods out of the possession of the master or carrier into his own posses- sion, either before or after their arrival at their destination, with the consent of the master or carrier, the transit and the right to stop thereupon cease.(a;) The right of stoppage may also be defeated, while the goods are in transit, by the transfer of the bill of lading for value to a third person. But the consignor's right cannot be defeated before the termi- nation of the transit by the attachment of the goods under legal process issued against the consignee ;(]/) or by the carrier's assertion of a general lien against the consignee ; (s) or, apart from the „ 11 Oh. D. 68. Northey v. Field, 2 Esp. 613 ; Morley v. a;) ,8M?)m §§ 385, 386. .flby, 3 Man. & By. 396. \y) Smith v. Ooss, 1 Camp. 282 ; cp, . (a) Oppenheim v. BusseU, 3 B. & P, §§ 395-399.— HOW THE BIGHT MAY BE DEFEATED.! 279 provisions of the Factors' Act,(ffi) by the consignee's transferring a shipping note or a delivery order to a third person for value ; (6) or by his sale of goods not in his possession to a third party, un- accompanied by a transfer of the bill of lading or of a document of title. In such a case the title of the third party is subject to the right of stoppage in transitu, for he cannot be allowed to stand in a better situation than the consignee. (c) And in America it is laid down in many cases that this right of the consignor cannot be defeated by any bargain between the consignee and his assignee, or by any claim, or lien, or attachment of any other person. (c?) § 396. The transfer of the bill of lading, by indorsement or By transfer of otherwise, to the consignee does not defeat the consignor's right jaling' "^ to stop.(e) Still less does the mere signature by the master of a bill of lading making the goods deliverable to the consignee's order. (/) But the right is put an end to if the consignee, being the When transfer bond fide and authorised holder {g) of a bill of lading of, or docu- fadingVts an ment of title to,(^) the goods, during the transit and before the end to right. right of stoppage has been exercised, transfer (i) such bill of lading to a third (A) person for valuable consideration ; provided the latter takes the document in good faith (Q and without notice of fraud or insolvency on the part of the consignee,(m) or of any circumstance which would render the bill of lading not fairly and honestly assignable. (?i) The good sense of this rule is manifest, when it is remembered that the right to stop in transitu was originally introduced in Equity(o) in favour of the unpaid consignor, and that it would be most inequitable if, after the consignor has placed the bill of lading in the consignee's hands and so enabled him to transfer or 42 ; Nicholls v. Le Feuvre, 2 B. N. C. (i) The transfer may be by way of 81. pledge only. See The Marie Joseph, (a) 52 & 53 Vict. c. 45, s. 10. L. R. 1 P. C. 219 ; Coventry v. Gladstone, (6) Aherman v. Humphery, 1 C. & P. L. E. 4 Eq. 493 ; 6 Eq. 44 ; in which case 53; aSA.,aee TvskerY. Humphrey, i'Bmg. the right is defeated to the extent of the at p. 523 ; JenkynsY. Tlshorne, 7 M. &Gr. pledgee's interest, see Be Westzinthus, 5 678 ; McEwan v. Smith, 2 H. L. Caa. B. & Ad. 817, and § 399 inf. .309. Uc) The Tigress, B. & L. at p. 44. (e) Jenkyns v. Usborne, 7 M. & Gr. (l) lAckbarrow v. Mason, 1 S. L. C. 678 ; Craven v. Byder, 6 Taunt, 433 ; 9th ed. 737 ; Newsom v. Thornton, 6 Nix V. Olive, Abbott Sh., 13th ed., 707 ; East, 17, 40 ; Cuming v. Brown, 9 East, Kemp V. Falk, 7 Ap. Ca. 573 ; 1 S. L. C. 506 ; The Marie Joseph, L. K. 1 P. C. 9th ed. 807. 219 ; PenneU v. Alexander, 3 E. & B. {d) 1 Parsons on Shipping, 520. 283. A past consideration will support (e) Tucker v. Humphrey, 4 Bing. at p. the transfer : Leaak v. Scott, 2 Q. B. D. 622 ; The Tigress, B. & L. at p. 44 ; Nix -376 (dissenting from Bodgery. Comptoir, • v. Olive, Abbott, 13th ed. 707. c6e., L. R. 2 P. C. 393). . (/) Thompson v. Trail, 6 B. & C. 36 ; {m) The Argentina, L. R. 1 Adm. 370 ; andsee Feise v. Wray, 3 East, 93. Cuming v. Bromn, 9 East, at p. 514. . (g) Gwmey v. Behrend, 3 E. & B. (») Abbott, 13th ed. 704. .622 ; Benjamin on Sale, 4th ed. 891. (o) 1 S. L. G. 9th ed. 794. (h) 62 & 53 Vict. c. 45, s. 10. 280 CHAP. VII.— STOPPAGE IN TBANSITU. pledge it and deceive the transferee, the consignor were allowed to set aside what he has himself enabled the consignee to do, and so deprive the honid fide transferee of the goods, which the con- signor has by his own act induced the transferee to purchase. (j») And although such lonA fide transferee for value of the bill of lading knew, at the time when the bill of lading was so transferred to him, that the consignor had not received money payment for the goods, but had taken consignee's acceptances payable at a future day not then arrived, the right to stop is put an end to, if the transferee at the time of the transfer had no reason to know or apprehend that the consignee was insolvent, or that the bills given by him for the goods were not likely to be paid.(.$') Accordingly, the right to stop in such a case is also put an end to, even if bills of exchange have been given to the consignor for the goods, which are certain to be dishonoured, or even if the consignor has been induced by the consignee's fraud to transfer the bill of lading to the consignee, provided the indorsee has acted iondfide and without notice.(r) § 397, By s. 10 of the Factors Act, 1889 :(s) Or of document Where a document of title to goods has been lawfully transferred to °t ^^ ""^^'^ a person as a buyer or owner of the goods, and that person transfers the Act 1889 ^ document to a person who taies the document in good faith and for valuable consideration, the last-mentioned transfer shall have the same effect for defeating any vendor's lien or right of stoppage in trarisitu, as the transfer of a bill of lading has for defeating the right of stoppage in transitu. When transfer § 398. But, inasmuch as a bill of lading is not negotiable in lading doesnot the Same sense as a bill of exchange, (<) in order that its transfer put an end to })j tije consignee may put an end to the consignor's right to stop, it is essential that the bill of lading should have come into the hands' of the consignee, with the authority of the consignor.(w) If, for example, the bill of lading- has been stolen from the con- signor, or transferred without his authority, a subsequent bond fide transferee for value cannot make title under it, as against the shipper of the goods. And even although the shipper may have indorsed in blank a bill of lading deliverable to bis assigns, his right is not affected by an appropriation of it without his authority, (a;) . . A transfer by a consignee will not defeat the right of stoppage if it is subject to a condition with which the indorsee has failed (p) See Bodger v. Comptoir, &c., L. E. (i) Supra § 343. ■2P. Cat J). 406. (m) See per Tindal, C.J., Jeiikym v. • (g) Ouming v. Brmon, 9 Bast, 506 ; - Ushorne, 7 M. & G. 697 ; Bodger v. Jones V. Jones, 8 M. & W. 431. Comptoir, t&c, L. E. 2 P.. C. at p. 405. (r) The Marie Joseph, .L. E. 1 P. C. . [x) Gurney v. Behxend, 6 El. & Bl. 219. . 622 ;^ explained in The Marie Joseph, («) 52 & 53 Vict. 0. 45. L. E. 2 P. C. 219, 228. §§ 396-399.— HOW THE EIGHT MAY BE DEFEATED. 281 to comply ;(y) or if the transferee has given no value or considera- tion for the transfer of the bill of lading to him ; (z) or if he act maid fide : (a) as, for instance, if he has notice at the time of the transfer that the original indorsement by the consignor was only made on a condition which had not not been fulfilled,(&) or has assisted in contravening the actual terms upon which the goods were sold by the consignor, or his reasonable expectations arising out of them, or his rights connected therewith ;(c) or if he had notice at the time of the transfer of the insolvency of the con- signee ; (d) or i£ the transferee, after the transfer, becomes jointly interested with the consignee in the adventure, and undertakes to pay for the goods.(e) A transfer of the bill of lading by the consignee to his factor, to whom the goods are consigned for the purpose of being sold by him on account of his principal, will not defeat the right of stbppage, although the factor is under acceptance to the consignee on a' general account ; though it would be otherwise if there were a specific pledge of the cargo, as if bills had been accepted on the credit of the particular consignment.(/) § 399. And although the right of the consignor to stop goods Transfer of in transitu is defeated in law by the indorsement of a bill of for i5mited°^ lading for a limited purpose, as for instance to secure a sum of purpose, money, it will still remain in equity, subject to a lien for the in- of etoppafe dorsee's demand, and its exercise will vest in the consignor a to limited right to the surplus after discharging that lien.(^) The ^^ ^° " ^" Judicature Act, 1873, enables all the courts to give effect to this doctrine.(A) (y) Newsom v. Thornton, 6 East, 17. {d) Vertue v. Jewell, 4 Camp, at p. 33. (z) Newsom v. Thornton, 6 East, at (e) Salomons t. Nissen, 2 T. E. 674. p. 40 ; Bodger v. The Gomptoir, L. E. 2 (/) Patten v. Thompson, 5 M. & S. P. C. 393 ; Waring Y. Oox, 1 Camp. 369. 350 ; Kinloch v. Oraig, 3 T. E. 119, 783. (a) Cuming v. Brown, 9 East, 506, {g) Spalding v. Buding, 6 Beav. 376 ; 614 ; 1 S. L. C. 9th ed. 811. 15 L. J. Gh. 374 ; Be Westzinthm, 5 B. See Barrow v. Coles, 3 Camp. 92. & Ad. 817 ; Coventry v. Gladstone, L. E. Per Lord EUenborough, 9 East, at 6 Eq. 44 ; Kemp v. Palk, 7 Ap. Ca. 573. 5i4. (h) 36 & 37 Vict. c. 66, a. 25 (11). (h) ( 282 ) CHAPTER VIII. WHEN THE MASTEE MAY BIND THE SHIPOWNEE BY HIS PEESONAL CONTEACTS. §§ 400-402.—% Contracts relating to the usual cowse of the Ship's em/ployinervt . 282 §§ 403 - 408.— i?br matters whAch are necessa/ry for the prosecution, of the Voyage , 285 §§ 409-411.— TTAai Owners are made liable by the Maste'r's ConbroAyts . . 290 §§ 412 - 417. — When the Master may sell the Ship , 291 By Contracts relating to the usual Course of the Ship's Employment. Generally, § 400. The master, as confidential agent of the owners, has an implied authority to bind them, by any legal contract, which he may make relating to the usual employment of a general ship.(a) His authority in this respect is very large and extends to all acts, which are usual and necessary for the use and employment of the ship. Constant usage shows that the master has this general authority ; and his authority " to perform all things usual in the line of business, in which he is employed, cannot be limited by any merely private order or direction not known to the party dealing with him."(&) The course of the usual employment of the ship is evidence of authority given by the owners to the master to make for them and on their behalf a contract relating to such employment; and consequently a contract so made by him is esteemed in law to have been made by them.(c) And they will be bound by it, although made without their knowledge or a,pprobation, and even against their orders, if the party, with whom the master con- tracted, had no knowledge that the master was acting without authority. (cZ) (o) Abbott on Shipping, 13th ed. 119 ; Kent's Com. iii. 161 ; Story on Agency, 116. (6) Per JerviB, C.J., Orant v. Norway, 10 C. B. 687 ; per Blackburn, J., Beyndlda V. Jex, 34 L. J. Q. B. p. 255, quoting Smith's Merc. Law, 10th ed. 139. (c) Abbott, 13th ed. 119, 120. (d) Story on Agency, 443 ; Orcmt v. Norway, uhi sup. ; Mlis v. Turner, 8 T. E. 531 ; Abbott, uU sup. §§ 400-402.— IN THE USUAL EMPLOYMENT OF THE SHIP. 283 The master may bind the owners by letting the ship on a charter- Contracts party and taking shipments on freight, if such is the usual em- ""elatingto ployment of the ship, but not otherwise ; (e) or by any particular ment. ^ °^' engagement or warranty relating to the usual employment of the ship.(/) And in such case the owners will be liable on the con- tract of carriage in case of the loss of the goods from any cause other than an excepted peril. (, 10 Bast, 378 ; Morris v. Bobin- (j) The Segredo, 1 Sp. B. & A. 36. 296 CHAP. VIII.— WHEN MASTER MAY BIND OWNER BY CONTRACT. which it took place were such as to make it binding on the owner is thrown upon the first purchaser from the master. It is, there- fore, of the utmost importance to the purchaser that he should, before purchasing, ascertain the authority under which the master acts, or the circumstances which render a sale imperatively neces- sary ; and he will not be released from this proof, except where the ship has been sold by a foreign Court of competent jurisdic- tion.(y) (r) The Australia, Swa. 480 ; The The Margaret Mitchell, Swa. 382 ; Bidg- Olasgow (otherwise Ya Macraw), Swa. way v. Bdberts, 4 Hare, 106. 145 ; The Bonita, Lush. 262 ; see also ( 297 ) CHAPTER IX. HYPOTHECATIOlSr. §§ 418-428.— 7%e Form, Con- tents, and Nature of the Contract . . . .297 §§ 429 - U$.— Under what Circumstances the Master may Hypothecate the Ship . 306 § 444. — Hypothecation of Freight . . . .315 §§445-452.— O/Car^o .316 §§ 453-464.— :Z%e Legal Ef- fect and Operation of the Contract . . . .321 The Form, Contents, and Natiwe of the Contract. § 418. It often happens that the ship is at a port at which Whathypo- the owners are unknown, and at which the master is a stranger ; *ecation ib. that necessities arise which are inexorable ; and that the only hope of conducting the voyage to a favourable termination depends upon those necessities being promptly supplied. Under such circum- stances as these, it has been the practice and law among maritime nations, probably since the time of the Romans, to permit the master to raise money, whereby to provide for the necessities of the ship, by giving a bond, pledging, or hypothecating, sometimes the ship and freight, and sometimes the cargo, by way of security to the lender, for the repayment of the principal sum advanced and maritime interest upon the same, if the ship shall arrive safe at the port of her destination. («) By this contract, the master binds himself in a penalty to repay the sum borrowed, and also professes to assign the ship, or the ship and freight, or the ship, freight, and cargo, (6) or any one of these, as the case may be, with a condition that the bond shall be void, if the money with the stipulated interest or premium be repaid within a certain time after the safe arrival of the ship at her port of destination. (c) It is of the essence of the contract (a) 3 Kent Com., 164; per Lord (c) Maude and Poll., 4th ed. 560 ; TAe Stowell, The Atlas, 2 Hagg. 48, 53 et Atlas, ubi sup. Sometimes the li.ypotheca- seq. ; The Hero, 2 Dods. 139 ; 2 Bl. Com. tion is effected hy a deed poll, which is not 457 ; Maclachlan, 4th Ed. 53. in the form of a bond, and which is called (6) See The Oratitudine, 3 C. Bob. a Bottomry Bill : 2 Park on Ina. 869. 240, 260 et seq. 298 CHAP. IX.— HYPOTHECATION. Bottomry. " Eespon- deritia." Who may hypothecate. The master. that in the event of the ship being lost, the lender shall not be able to recover upon it.(d) This species of contract was unknown to the Common Law of this country. It differs from a pledge or pawn, in that a pledge or pawn of a chattel is not valid, unless the article pledged is actually transferred to the possession of the pledgee,(e) whereas property hypothecated remains in the possession of the person who hypothecates it. It differs also from a mortgage, because a mortgage transfers the property, whereas hypothecation gives only a right to be enforced against the subject of it, through the medium of process. (/) . § 419. The contract of hypothecation is commonly called a bottomry bond ; and this term is appropriate where the subject of it is the ship or freight, as the money is in that case borrowed on the security of the keel, or bottom of the ship. It is, however, not appropriate where the money is secured by hypothecation of the cargo only. In such a case the proper name of the transac- tion is respondentia. (^f) It was formerly laid down authoritatively that in the latter case, owing to the necessity of goods being sold or exchanged in the course of the voyage, " the borrower only is personally bound to answer the contract," and " recourse must, for the most part, be had to the person only of the borrower." (A) According to the modem view, however, the whole difference between respondentia and bottomry is that in bottomry the ship is hypothecated either alone, or along with the freight and cargo or one of them, while in respondentia the cargo alone is hypothecated .(i) Hypothecation of the cargo alone is, however, of very rare occurrence. (A) § 420. The proper person to give the bond, at least in the absence of the owner, (?) is the master of the ship for whose necessi- ties the money is required, (m) And a master, who is also part owner, has no greater power than a mere master to bind his co-owners by such a bond.(M) In proper cases of urgent necessity, the bond may be given by the ostensible master, who is exercising all the functions of that situation, (o) even although he be not the registered master,(p) (d) The Atlas, uhi swp. ; The Eman- dpation, 1 W. Bob. 124, 130 ; Staimbank V. Shepard, 13 C. B. 418, 448-4. (e) Maude & Pollock, 561 ; per Parke, B., Stainhankv. Shepard, 13 C. B. 418,442. (/) Stainbank v. Shepard, ubi sup. (g) The Cargo ex Sultan, Swab. 504, 510 ; Maclachlan, 4th ed. 58. {h) 2 Park, Ins. 869 ; Abbott, 18th ed. 154, 175 ; Busk v. Fearon, 4 East, 319. (i) Per Dr. Lushington, The Cargo ex Sultan, Swab. 510. {k) TheAtlas,2 Hagg.atp. 58; Abbott, 13th ed. 175. Instances occurred in The Cargo ex Sultan, Swab. 504 ; La Con- standa, 4 N. of 0. 285 ; and The Cargo ex Oalam, B. & L. 167. (I) See below. (m) Per Lord Stowell, T/ie /ane, 1 Dods. at p. 464. (m) The Ordia, 8 Hagg. at p. 85. (o) The Jane, 1 Dods. at p. 464. (p) The Orelia, 3 Hagg. 75, 81. §§ 418-428.— THE FORM, CONTENTS, AND NATURE OF THE CONTRACT. 299 and does not derive his authority to act as such from the owner ;(§') who may and where the ship has lost her master by death, for example, or l^ypotheoate. capture, a bond given by the mate,(r) or the British Consul at a foreign port,(rr) has been upheld. A bottomry bond may be given in a foreign country for the The owner. necessities of the voyage, and without the concurrence of the master, by an owner who is on board the ship, and who cannot in any other way raise the necessary funds. And such a bond would, as in the case of ordinary bonds, supersede a former mortgage and even former bottomry bonds of the same species, (s) A master who has ceased to act, cannot, at any rate after the appointment of his successor, give a valid bond.(^) § 421. If the circumstances in which the ship is placed are such To whom a as to justify the giving a bond, it may be given to any person may°™e^giTen. who is competent to contract, and who loTidfide consents to provide the money, repairs, or supplies which are required for the necessi- ties of the ship, upon the security of such bond. For example, the bond is not invalidated because it was given to an agent of Ship's agent. the owner, if it is clear that the agent has not taken advantage of his character as such to obtain a bond which need not have been given. (m) If the agent has given the master fair notice that he will not make any further advances as agent, and has afforded him an opportunity of trying to get money elsewhere ; and if the master is unable to do so, and is obliged to come back to the agent for a supply, the latter is fairly at liberty, like any other merchant, to advance the money on a security that is satisfactory to himself. It is no part of the agent's duty to advance money to the owners, without a fair expectation of being reimbursed.(a;) But; inasmuch as it is his duty as agent to protect the ship from all improper charges, a bond which is given to an agent will be examined by the Court with the utmost care, because in such a case the agent and lender are blended into one, and the owner is deprived of the protection he had a right to expect, (y) A bond may equally be given, under proper circumstances, to Consignee of the consignee of cargo at a foreign port, and is not invalidated by .% , The Kennershy Castle, 3 Hagg. 2 W. Rob. 320, 331 ; The Oriental, 3 W. he RuUam, 3 Hagg. 9 ; The Zodiac, Rob. 243 ; 7 Moo. P. C. 398 ; Tlie Stafford- 1 Hagp. 820; Tlie TaHar.l Hagg. 1. shire, L. R. 4 P. C. 194. (r) Parmeter v. Todhunter, 1 Camp. (x) Per Lord Stowell, 2 Uods. at p. 54l/ 144;perMellish, L..)., L. R. 4P. C.atp. (rr) The Cynthia, 16 Jur. 748. "204. . («) ne Duke of Bedford, 2 Hagg. {tj) Per Dr. Lushington, I lie Boyal 294 304 J J ' ^^ ;Sfte«rt, 2 Spinks, 258, 260. As to what (t) 1 Parsons, Sh. 141. inquiries the lender o= bottomry, should (u) The Boyal Arch, Swa. 269 ; The make before he can safely take a bond, see Sero, 2 Dods. 139 ; The Lord Coolvrane, imfra § 442. 300 CHAP. IX.— HYPOTHECATION. Person who Las appointed the master. Person already under ad- vances on per- sonal credit. Owner's debtor cannot take bond. Nor persoE who knows ship has credit. Nor part owner. the fact that there is at the same port a consignee of the ship, if the necessary funds cannot be obtained from him ; (a) nor by the fact that the consignee of cargo to whom the bond is given has under stress of necessity himself appointed the master who gives it. (a) So a bond has been upheld which was given to a merchant who having been left in charge of the ship by a former master when dying, appointed his successor, who afterwards gave the bond.(&) A person, who has already advanced money to the master, upon the personal security of the owners, is not thereby dis- qualified from taking a bond if it is given for further advances made, not on mere personal security, but either on an express promise by the master that a bond shall be given, or on the security of his lien on the ship. If a bond be given tq such a person, both for his previous advances on personal security, and also for further advances, it may be valid in regard to the latter, although it would be invalid in regard to the former, (c) But a valid bond cannot be given to a person, who, at the time he made the advance, in respect of which it is given, is indebted to the vessel or to her owners in respect of her. Such a person, before he can advance on bottomry and take a bond, is bound to discharge his debt.((^) Nor can a valid bond be given to a person who knows that the master has at the port, either a general credit, or an empowered consignee, or an agent, who is willing to supply the master's wants. But it has been said that, if the money was advanced and the bond given, land fide and in such ignorance of the ship's credit, as could not be removed by reasonable inquiry, the Court will endeavour to uphold the bond.(e) Nor is its validity affected by the fact that at the port where it was given a debt was due to the owners, if the master could not obtain payment of it.(/ ) In America it has been held that a bond given to a part owner, which binds the shares of the other part owners for repairs with maritime interest, is not valid.(5') § 422. The contract of bottomry must be in writing, (A) but iz) The Nelson, 1 Hagg. 169. {a) The Alexander, 1 Dods. 278; The Suhicon, 3 Hagg. 9. (6J The TaHar, 1 Hagg. 1. , (c) The Augusta, 1 Dods. 283 ; and see The Osmanli, 3 W. Rob. 198, 218. (d) Tlie Hehe, 2 W. Rob. 146, 150. (e) Per Lord Stowell, The Nelson, 1 Hagg. at p. 176. (/) The Virgin, 8 Peters, Adm. (Amer.), 538 ; Maclachlan, 4th ed. 56. (o) i Parscjns, Sh. 158. (A) Per Lord Eldon, Ex parte Hal- Jcett, 19 Ves. 474; Marshall, Mar. Ins. 4th ed. 577. Mr. Maclachlan says (Mer- chant Sh. 1st ed. p. 160), " By the law of England, as settled for 200 years, it is a condition of valid bottomry in a foreign country, that it be effected by means of a duly executed instrument in writing. The ignorance of a foreign lender has, accord- ingly, never been allowed by the Court of Admiralty to cure the invalidity, in this respect, of his claim in the nature of bot- tomry on an English vessel, notwithstand- ing it may have been good and valid by the lex loci contractus, and by the general maritime law." §§ 418-428.— THE FORM, CONTENTS, AND NATURE OF THE CONTRACT. 3Q j there is no settled form of contract, which it is necessary to The form of pursue on these occasions. It may be set out in and evidenced ^^^ contract. by various forms of instruments. (i) Sometimes it is made in the form of a bond, sometimes in the form of a bill of sale, and sometimes in the form of a simple written agreement. (;') It is the creature of necessity and distress, and may be therefore expected to assume different shapes. (^) It may be executed under seal ; and it may be executed upon land, if it was given in foreign parts in the course of a voyage. (^) But the ship cannot be hypothecated, either by parol, or by bills of exchange, drawn by the master on the owner, as a security for money advanced for the necessities of the ship, even although they are accompanied by a verbal agreement that the ship is to be liable, (m) § 423. In whatever form the contract is written or set out, it The contents ought to show: The names of the master, the lender, and the of tte contract. borrower if other than the master ; the occasion of the borrowing ; the sum borrowed ; the premium or interest to be paid for it ; the ship ; the voyage, with the duration of the risk, which the lender is to run ; that the lender takes the maritime risk ; and whether the money is lent on ship, freight, or cargo, or one or more of them, (w) Although a stipulation for the payment of interest or premium Premium, is not essential to the validity of the bond, the agreed rate (if any) should always appear on the face of the contract, or it cannot be recovered, as the written contract is the only evidence which is admissible to prove what premium was agreed upon.(o) It is essential to the validity of the contract, that the voyage Voyage. should be described with reasonable accuracy in the instrument. This description must be such as to ascertain the nature and extent of the risk undertaken, so that, in case of deviation followed by total loss, the lender may be able, notwithstanding such loss, to secure the fruits of his venture. (p) A bottomry bond may be valid whatever number of voyages the adventure may include, provided such voyages be in the legal or de facto contemplation of the owners ; (q) and the risk may equally be undertaken for one stage only of a round voyage.(?') H) For forms of bond see Appx. No. 6, («) Abbott, 13th ed. 158 ; Marshall, infra ; and Abbott, 13th ed. pp. 1245- Mar. Ins. 4th ed. 577. 1247 See also Broamfield v. Southern (0) The Change, Sw. 240 ; Maclachlan, Ins. Co., L. B. 5 Ex. 192, and notes 4th ed. 51 ; and see §428 i»/. thereto Ip) Western v. Wildy, Skin. 152; ( i) Abbott, 13th ed. 158 ; and see The WUliamsv.Steadman, Skin. 345 ; 2 Park, aims, L. E. 4 Ad. 1; The Heinrich Ins. 901 ; Maclachlan, 4th ed. 61 ;^«o». %arn 10 P. D. 44. 2 Ch. Ca. 130 ; 1 Parsons, Ins. 212 ; The (h) 'The kennersUy Castle, 3 Hagg. 1. Jane, 1 Dods 461. , vr f p o-r (I) Menetone v. Gibbons, 3 T. E. 267 ; (?) TJie Mary Ann, 4 N. oi C. 376, Johnson V. Shippen. 2 U. Raym. SSi. 381. „ t^ j iqq (m) JEx parte Halkett, 3 Ves. & B. 135 ; (r) The Hero, 2 Dods. 139. 19 Vea. 474. 302 CHAP. IX.— HYPOTHECATION. But, in the case of a hired transport, when the voyage itself is not under the control of the party giving the bond, but liable to be changed at the discretion of the government, the bond would not be invalidated for the want of a particular description of the voyage ; although, even in that case, the master ought to do all that lies in his power, and describe the voyage as nearly as he can.(s) Maritime risk. § 424. It is also essential to the validity of the contract, that it should either appear on the face of the instrument, or be capable of being collected from its language, that the contract is founded on maritime risk; i.e., that the money secured by the bond is payable to the person, to whom the bond is given, only in the event of the safe arrival of the ship at the port of her destination, and that all personal liability of the owners is excluded.(^) Accordingly, where a respondentia bond was given to release cargo under arrest for salvage at a foreign port, and purported to charge not only that part of the cargo which was actually sent to its destination, but also the proceeds of a part which in conse- quence of a second disaster, and further salvage services had been sold, and its proceeds retained by the foreign court ; the bond, though upheld as to the cargo sent home, was pronounced invalid as the proceeds in court, in respect of which no maritime risk was incurred.(M) But it is sufficient if the maritime risk can be collected from the whole of the document taken together, (a;) And it has been said, that the use of the term " bottomry implies sea risk."(y) An authority given to the lenders to cover the amount advanced by insurance at cost of the borrowers, gives the lenders an equitable charge on the policies, and is inconsistent with the mari- time risk, (s) at all events, unless that risk is undertaken in ex- press terms, (a) A low rate of interest throws suspicion on the nature of the instrument, as it is contrary to all probability that a merchant would advance money upon a ship and run the risk of the voyage, and yet receive no more than common interest, if the vessel per- («)_ TU Jane, 1 Dods. 461. This (w) The Cargo ex Sultan, Sw. 504. principle would seem to apply to any case (x) See note (t) swpra. where the movements of the ship are at ly) Per Dr. Luahingtnn, The Boyal the discretion of time charterers. Arch, Swab, at p. 281 ; T%e Emandpa- (i) Per Lord Tenterden, C.J. , Simovda tion, 1 "W. Bob. at p. 130; Tlie Cecuie, V. Hodgson, 3 B. & Ad. 56 ; The Atlas, 4 P. D. 210. ■2 Hagg. 48, 53 ; The Nelson, 1 Hagg. 169, (z) The Heinrich Bjorn, 10 P. D. 44, 177 ; Tlie Emaneipation, 1 W. Rob. 124 ; 50. Stainbanh v. Shepard, 13 C. B. 418 ; (a) See per Dr. Lushington, The In- jStainbanJc v. Penning, 11 C. B. 51 : TJie domitable. Swab, at p. 452. Jndomitable, Swab. 446. §§ 418-428.— THE FORM, CONTENTS, AND NATURE OF THE CONTRACT. 303 form her voyage in safety. But, if it can be collected from the bond, that sea risk is actually incurred, the bond will be sup- ported, whatever amount of interest is agreed upon, and even in the absence of any agreement for interest at all.(&) § 425, A document which binds the owners personally to pay- Bond may not ment in any event is not a contract of bottomry, and the lender '^'"'^ owners •' _ _ ■" personally, has no insurable interest under it.(c) Bat although "the law but may be forbids the creditor to have a direct remedy on the bond itself collateral against the owner as well as the ship," there is no objection to a seourity for bottomry bond being given at the same time with, and as a exchange, collateral security for, bills of exchange drawn on the owner. In such a case if the bills are paid, the bottomry is discharged, and no maritime interest is payable on the arrival of the ship : if the bills are dishonoured, the bond is enforceable against the ship, for the full amount with the maritime interest, if any is agreed upon.(c?) § 426. As in the case of all written contracts, the meaning of The constmc- the instrument and the intention of the parties to it can only be ^""^"aot ^ collected from its contents.(e) Bottomry bonds, for the benefit of the shipowners, and the Liberally general advantage of commerce, are greatly favoured in Courts of """^ "^"^ ' Admiralty.(/) As they are usually given for money advanced in foreign ports, under circumstances of great necessity and distress, and contain the language of commercial men, and not of lawyers, they receive on the one hand a liberal construction ;(^) while, on the other hand, as it is necessary that they should be limited to the ne- cessity of the case, the transaction will be cautiously watched.(A,) But when once the transaction is proved to have been clearly of a bottomry character — i.e., where the necessity is admitted or established, the want of personal credit beyond question, and the bond in all essentials apparently correct — then the strong presumption of law is in favour of its validity, and it will not be impugned, save when there is clear and con- clusive evidence of fraud, or where it is proved beyond doubt, that, though purporting in form to be a bottomry transaction, the money was in truth advanced upon different considerations, (i) (5) Per Dr. Lushington, The Boyal tomry bond was given as collateral secu- Arch, Swab, at p. 281 ; The Emanci- rity for a bill drawn on the mortgagee. patian, 1 W. Rob. at p, 130 ; The Oecilie, (e) The Emancipation, 1 W. Rob. 124, 4 P. D. 210 ; TAe Laurel, 1 1 Jur. N. S. 46. 128. (c) mtainbank v. Fenning, 11 C. B. 51 ; (/) The Prince George, i Moo. P. C Stainhanh v. Shepard, 13 C. B. 418. 21, 28 ; The Hero, 2 Code. 139, 140. (d) Per Cur., Stainhanh v. Shepard, 13 (g) The Kennersley Castle, 3 Hagg. 1; C. B., pp. 443-4 ; The Tartar, 1 Hag. The St. Catherine, ibid. 250, 254 ; Si- 1 ; The St. Oatlierine, 3 Hag. at p. 253 ; monds v. Hodgson, 3 B. & Ad. 50. The Emancipation, vbi snp. ; The Ari- (h) The Beliajwe, 3 Hagg. 66, 74. adne, 1 W. Rob. 411, 421 ; The Lord (i) Per Dr. Lushington, T/ie Vibilia, 1 Cochrane, 2 W. Rob. 320, 336. In TAe W. Rob. 5 ; The Alexander, 1 Dods. 278 ; Staffordshire (L. R. 4 P. C. 194) a bot- The Augwita, 1 Dods. 283 ; The Marti 304 CHAP. IX.— HYPOTHECATION. Bond may be good as to part, though bad as to residue. Foreign bond not supported if does not comply with English law. The rate of interest. § 427. Acting on the principle of not scrutinising too closely the form of the contract, the Admiralty Court holds that a bond may be good in part though void for the remainder. Accord- - ingly, in the case of a bond which purports to bind the owners personally as well as the ship, the vicious part may be rejected, and the bond enforced against the ship, if the vicious part i& separable from the rest of the bond,(^) and provided the instru- ment is in other respects in strictness an hypotheoation.(^) So the Court of Admiralty will support a bottomry bond, as to part of the debt secured by it, although the residue consist of item& that cannot be secured by such a bond ; (m) provided that part which is properly the subject of bottomry be substantial. (w) Thus, where such a bond was given by the master, partly for advances to obtain his own discharge from arrest, and partly for payment of port dues and other disbursements necessary to enable the ship to prosecute her voyage, the Court sustained the bond to the extent of the sums advanced for necessary supplies and payment of port dues.(o) And where a bond was given on ship and freight, and was made absolute on the arrival of the ship at a certain port — viz., Callao^ and also attempted to hypothecate freight to be earned on a sub- sequent voyage, it was held that the bond was good pro tanto as to- the ship, though void with respect to the subsequent freight, (p) But if only a small proportion of the sum secured by the bondi is properly a subject of bottomry, it is doubtful if the Court would support any part of the bond.(g') And the Court of Admiralty will not deal with a bond as a bond of bottomry or hypothecation, merely because it is so denominated in the foreign country where it was given, if it does not constitute such an instrument in this country.(?") § 428. The large interest reserved by a bottomry bond is- commonly called marine or maritime interest. As the repayment of the principal advanced on bottomry is not certain, but depen- dent upon the safe accomplishment of the intended voyage, the lender was always entitled, even before the repeal of the usury laws,(s) to stipulate for a much higher rate of interest than the Ann, 4 N. of C. 376, 379 ; The Ocdypso, 3 Hag., 162 ; The St. Catherine, ibid., 250 ; The Karnah, L. E. 2 Ad. 289, 299, per Sir E. Fhillimore. {h) The Twrtwr, 1 Ha^. 1, 15; Tlie Nelson, ibid., 169, 176. For an example of a respondentia bond upheld in part, see The Cargo ex SuUan, Sw. 504. (I) Per Cur., Stainhank v. Fenning, 11 0. B. 84. (m) The Augusta, 1 Dcds. 283; Tlie Prince Qem-ge, 4 Moo. F. O. 21 ; The Heart of Oak, 1 W. Bob. 204 ; The Staf- fordshire, L. E. 4 P. C. 194. (n) The Empire of Peace, 89 L. J. Ad. (o) The Prince George, 4 Moo. P. C. 21 ; and see The Osmanli, 3 W. Eob. 198, 217 «t sea. ip) The Sta_ffordshire, L. E. 4 P. C. 194. (2) The Osmanli, 3 W. Eob. at p. 219. . (r) The Atlas, 2 Hag. 48, 55, 57, 58. («) 17 & 18 Vict. 0. 90. §§ 418^28.— THE FORM, CONTENTS, AND NATURE OF THE CONTRACT. 305 current or legal rate in ordinary transactionB.(if) This higher rate was allowed him as "his pretium jparicuH, his valuation of the danger to which he was exposed." But although a very high rate of interest will not affect the Excessive rate validity of the bond, the Court of Admiralty will reduce the rate, "educed. if it is excessive, or if it was obtained by fraud, or collusion, or extortion, but this jurisdiction will only be exercised with great caution and where clear cause is shown. This question, whether the rate is excessive, is for the consideration of the registrar and merchants.(it) The mere fact that the premium or rate of interest stipulated for in the bond is very high, is not of itself a circumstance which affords any necessary inference of fraud.(a;) On the contrary, as we have already shown,(y) when the question is, whether the bond was founded on maritime risk or not, the absence of a Low rate high rate of interest throws suspicion on the bond, and becomes mantime'risk. an important element in determining its validity. (a;) If the ship never leaves the port where the bond was given, Maritime the risk never commences, and the ground for maritime interest allowed if risk fails. In an early case a Court of Equity under such circum- notcom- „..,n.. , -, menced, stances decreed payment 01 it with ordinary interest only, and this course would probably be followed by the Admiralty Court, if similar circumstances were to arise, (a) And so, after the ship's safe arrival at her destination, the nor after it usual rate of interest only — viz., 4 per cent., in addition to the bottomry premium — is allowed in case of non-payment within the agreed time, and an agreement in the bond for a higher rate will not be sustained against cargo-owners who appear to resist it. (6) In the Cecilie,{c) interest at this rate was allowed from the date when the bond became due, though it contained no stipulation for interest at all. Where in a bottomry bond, blanks had been left, where the Bate of rate of interest ought to have been expressed, the Court of {,'iank. Admiralty pronounced for the bond with such interest as the Registrar should find to have been usual on such risks at the time when and place where the bond was taken, (c?) («) 3 Kent's Com., 354 ; The Atlaa, (?/) See supra § 424. 2 Hag. 48, 57; Sharplet/ v.' Hurrell, (z) The Emancipation,! W. 'Rnh. 124, Cro. Jac. 208 ; 2 Park on Ins. 884 ; The 130 ; The Laurel, 11 Jur. N. S. 46, 48. Cognac, 2 Hag. 377, 387. (a) Deguilder v. Depeister, 1 Vern. [u) The Zodiac, 1 Hag. 320, 326 ; The 263 ; 3 Kent's Cora. 357; 1 Parsons, 164 ; Cognac, 2 Hag. 377 ; The Heart of Oak, Marsiiall, Mar. Ins. 590. 1 W. Bob. 204, 215; The Lord Coch- (6) The D. H. Bills, i Anp. 20, and rane, 2 W. Rob. 320, 336 ; The Huntley, note thereto ; 4 P. D. 32 [n) ; The Sophia Lush. 24 ; The Pontida, 9 P. D. 102, Cook, 4 P. D. 30. 177. (c) 4 P. D. 210. {x) Per Sir W. Scott, The Alexander, {d) The Change, Swab. 240. 1 Dods. 279. 306 CHAP. IX.— HYPOTHECATION. Neoeasity. Elements of necessity. How far absence of necessity invalidates bond. Degree of necessity required. Under what Circumstances the Master may Hypothecate the Ship. § 429. Hypothecation is only valid when and so far as it is resorted to from necessity, which must be twofold : first, a necessity of obtaining supplies or repairs to enable the ship to prosecute the voyage ; and secondly, an impossibility of obtaining those supplies or repairs in any other way than by hypotheca- tion.(e) " Necessity " which will justify hypothecation has been defined as " a high degree of need — a need which arises when choice is to be made of one of several alternatives, under the peril of a severe loss if a wrong choice should be made." (/) If repairs, supplies, or advances are necessary for the com- pletion of the voyage, or for the safety of the ship ; if the master has no sufficient funds within his own control, and cannot obtain the necessary repfairs, supplies, or advances from the owner's agent,(5') or upon his personal credit (A) or that of the owners,(z) and if he cannot communicate with the owners within such time as the urgency of the case admits, or cannot obtain adequate instructions from them, then such a necessity as would justify a bond exists ; and then, and then only, he may obtain the necessary repairs, supplies, or advances by hypothecating the ship, freight, or cargo. (A) The bond will in any case be void to the extent of any items which were not justified by necessity. The amount of these is matter for inquiry before the Registrar and merchants, after the bond has been pronounced for by the Court. But in the absence of reasonable inquiry on the part of the lender, the bond is void ab initio, and the Court will refuse to pronounce for it at all.(Q Proof of this necessity is strictly required, partly as a protec- tion to the owners, and partly for the protection of other creditors and mortgagees against a kind of claim which, though coming after, is preferred before theirs. (m) The master can never be justified in giving a bottomry bond, except in cases where it is probable that his doing so will be beneficial to the shipowner. («,) But inasmuch as almost any (e) The Mersey, 3 Hagr. 404, 408. See also The Prince of 8axe Cobourg, ibid, 387 ; 3 Moo. P. C. 1 ; The Nelson, 1 Hag. 169, 175 ; and see The Pontida, 9 P. D. 102, 177. (f) Per Sir Wm. Erie, TheKarnah, L. E. 2 P. C. 512. (g) The Nelson, 1 Hag. 169, 175; The Prince of Saxe Oobourg, 3 Hag. 387, 392 ; 3 Moo. P. C. 1 ; The Belianee, 3 Hag. 66. (A) See The Sydney Oove, 2 Dods. 1,7; The Reliance, 3 Hag. 66. (s) The Oriented, 7 Moo. P. C. 0. 398 ; The Augusta, 1 Dods. 283, 287. (k) 3 Kent's Com., 172 ; Tndor's Merc. Gas. 3rd. ed. 71 ; The Prince of Saxe Oobourg, 3 Hag. 387, 392 ; 3 Moo. P. 0. 1 ; Lyall v. Hicks, 27 Beav. 616 ; The Faithful, 31 L. J. Ad. 81. {I) The Pontida, 9 P. D. 177, 180, explaining The Prince of Saxe Oobourg, 3 Moo. P. C. 1. See § 442 infra. (ml Per Sir J. Nioholl, 3 Hag. 407 ; see infra § 460 . (m) Per Lord Stowell, The Qratitudim, 3 C. Rob. 240, 261. §§ 429-443.— OF SHIP: UNDER WHAT OIECUMSTANCES. ynj^ alternative is better for the owner than the total loss of the ship and cargo, any combination of events which would prevent the completion of the voyage with profit, unless money were obtained by bottomry, would probably create such a necessity as to justify the master resorting to bottomry in order to raise the necessary funds, if he could not communicate with the owners, or raise the funds on personal credit, (o) § 430. When the owner gives his express consent to a bond How far being given it is very strong primd facie evidence that it was o'^®'^'^ necessary to resort to this mode of raising money. (p) It is penseewith presumed that an owner would not so consent, unless it were to n'^!.|s™ity°^ his interest to do so. But his consent is only primd facie evidence of such necessity. And it has been held that it is not competent for the master, even with the consent of the owner, to grant a valid bottomry bond upon a British ship lying in a British port for a new voyage, because such a bond would, if valid, create a secret lien on the ship, without any sufficient necessity, and the consequence would be that subsequent iond fide mortgagees might be injuriously affected. (g') § 431. If a bond is obtained from the master by duress — i.e., Bond obtaiued by unlawful violence or imprisonment, or by the threat of such ^ 'iress,voi . violence or imprisonment, it is void, even if the advances were made upon the promise of a future bond. But it does not necessarily follow, because the master was under duress or imprisonment at the time the bond was given, that the bond was obtained by duress. In order to render a bond so executed invalid, it must be shown that the whole of the transaction was compulsorily forced upon the master ; for it must be remembered, that no bottomry bond of the master can be regarded as a purely voluntary transaction, inasmuch as his distress and necessities are the only grounds which justify him in giving such a bond at all.(r) § 432. A bottomry bond may be given, in proper case of For what iiecessity,(s) to obtain money, supplies, or repairs, which are ^^^^Ttg^^g^ required either to enable the ship to prosecute her intended give bond. voyage ;(0 or to return home, whether by a direct or by a ^"^"^.JrZney, circuitous voyage ; (it) or to prosecute any voyage, which the supplies or repairs. {o) See per Sir W. Erie, The Karndk, (s) Supra § 429. uU sup. (t) The Karnak, L. E. 2 Ad. 289 ; 2 {p) Tudov's Merc. Cas. 3rd. ed. 66; F. C. 505. In case of capture, money may The Boyal Arch, Swa. 269 ; The Bona- be raised on bottomry for ransom, if this parte, 3 W. Rob. 298. is not prohibited by Order in Council, {q) The Boyal Arch, Sw. 269, 276 ; per under 27 & 28 Vict. o. 25, s. 45 ; see The Hdlt, O.J., Johnson v. Shippen, 2 Lord Oratitudine, 3 C. Rob. at p. 259. Raym. 982; per Dr. Lushington, The (a) The Udmond, LuBh. 57 , 6i ; 1 T-iv- Helgoland, Sw. 495. sons, Sh. 142. (r) The Reart of Oak, 1 W. Rob. 204, 213 ; 1 Parsons, Sh. 169. 308 CHAP. IX.— HYPOTHECATION. master has either express or implied authority to prosecute.(a!) It is not essential to the validity of a bond that there should have been an actual advance of money before the bond was given. If the person to whom the bond is given had, on the promise that a bond should be given, pledged his credit to pay for the necessary supplies or repairs of the ship, the bond ia good.(y) To defray AH charges incurred at a foreign port, in respect of the ship what charges. ^^ ^^^^^ ^^^^ ^j^^ ^-^^ ^j^^^ ^j^^ ^j^-p entered port, being necessary charges to enable the ship to proceed on her voyage, and being charges for which the owner or master, and not the consignee, is liable, are expenses to defray which a bottomry bond may be taken.(») Thus, expenses of discharging an outward cargo have been allowed in a bond for the homeward voyage ; (a) and so of port dues and other like disbursements in a foreign port, payment of which was necessary to enable the ship to prosecute her voyage.(&) So a bond may be given to raise money to pay salvage to recaptors for the release of the ship, where she has been captured and recaptured, and carried by the recaptors into a foreign port.(c) But a valid bond cannot be given in a foreign port to secure payment of a general average contribution, (cZ) or of compensation for damage to, or non-delivery of, the outward cargo ;(e) nor for charges in respect thereof, which should be borne by the con- signee. (/) And it has been held in America that a bottomry bond cannot be given oa the ship, to provide for the necessities or benefit of the cargo. (^) But this doctrine would seem not to apply where the benefit to the cargo is necessary, in order to enable the ship to earn the freight for its carriage. Advances § 433. A bond cannot be given for necessaries which can be Tr havelbeen,' obtained on the personal credit of the owners or master, or on a obtained on bill of exchange drawn by the master on the owners jfA.) or for oannot*bne- ' necessaries which have already been supplied on personal credit, cured by bond, gj^^ without any prior understanding that a bond should be given.(i) {x) The Boyal Arch, Sw. 269 ; 1 Par- (e) The Prince Oeorge, ubi sv/p. See, sons, Sh. 149 ; and see The Tartar, 1 Hag. however, § 434 infra. 1, 13. (/) The JEdmond,. Lnsh. 57, 211. {y) The Royal Arch, Swab. 269. (a) 1 Parsons, Sh. 142 ; Fontaine v. (z) The Edmond (No. 2), Lush. 211, Col. Ins. Co., 9 Johns. 29. 220, per Dr. Lushington ; Ddbson v. (h) Stainhank v. Shepard, 13 C. B. at Lyall, 8 Jur. 969. p. 443. (a) The Bdmond (So. 2), liush. 211. {i) The Augmta, 1 Dods. 283, 287; {h) the Prince George, i Moo. P.O. T^eSero, 2 Dods. 139, 147; TheBersey, 21 . 3 Hagg. 404, 412 ; 3 Moo. P. C. 79 ; (c) Per Lord Ellenhorough, Parmeterv. The Wave, 15 Jur. 518 ; The Umpire of Todhunter, 1 Camp. 541. Peace, 39 L. J. Ad. 12 ; The Karnalc, {d) The North Star, Lush. 45. L. R. 2 Adm. at p. 301. §§ 429-443.— OF SHIP : UNDER WHAT CIRCUMSTANCES. 3O9 But if necessary advances, supplies, or repairs have been where furnished in pursuance of a prior agreement or understanding advances on that a bond should be given, then a bond given to the creditor, ship, bond after the advances were made, or the supplies or repairs furnished, "P'^^''^- will be valid. (A) And where small items secured by the bond were pointed out to the Court as having been expended before there was evidence of any negotia,tion for a bond, the Court held that those items might be fairly included in the sum secured by the bond, and that it might be presumed they were advanced in contemplation of such a security. (Z) If it clearly appear that the necessities of the ship were supplied by the creditor, in reliance upon a lien for the debt, which the law of his country would give in the absence of express contract for the purpose, a bond subsequently given, being but a performance of the original intention, will be sustained. (m) And in the absence of evidence, the presumption is that the foreign lender made the advances in contemplation of a bottomry bond, and that therefore it is valid, and the presumption is increased where the lex loci empowers the lender to arrest the ship in satis- faction of his demand. («,) § 434. A bottomry bond cannot in general be given for a debt incurred, or in substitution for a bond given, on a former voyage. (0) But where the ship is in a foreign port, by the law Bond maybe of which she is subject to a lien and is liable to be arrested and S^J"^" *° sold to satisfy previous charges, and the master cannot otherwise from arrest. raise the necessary funds, the general principle applies, that where the master cannot in any other way raise money which is indispensably necessary to enable the ship to continue her voyage, he may hypothecate the ship ; and the nature of the charges for which the ship is liable to arrest seems to be immaterial, (p) The Court, however, will inquire into the validity of the demand, in respect of which the right to arrest was claimed, (g) and will, it seems, discountenance an attempt to turn an unliqui- dated demand into a liquidated claim with a bottomry premium.(r) Where a ship had been carried into a foreign port by a muti- nous crew, with the master dispossessed and in irons, and expenses (h) The St. OatUrine, 3 Hag. 250; (m) Per Sir R. Phillimore, T^e JTaj-raa/c, The Laurel, B. & L. 191, 196 ; The L. R. 2 Adm. 301 ; on app. 2 P. C. 505. Karnah, L. R. 2 Adm. 289, 301. (0) The Royal Arch, Sw. at p. 283 ; a) The Prince George, 4 Moo. P. C. The Toivo, 1 Sp. E. & A. 185. 21 28 ; The Vibilia, 1 W. Rob. 1, 8 ; (?) Per Lord Campbell, The Pnnce The Trident, ib. 29, 34. The bond may George, 4 Moo. P. C. 25 ; and see Dobson be sustained in part, or rejected in part ; v. Lyall, 8 Jur. 969 ; The Edmond (No. see § 427 supra. 2), Lush. 211 ; TAe Karnah, L. R. 2 A.dm. (m) The Alexander, 1 Dods. 278, 280 ; at p. 307. See, however, The Osmanh, 3 The Vibilia, 1 W. Rob. 1, 13 ; and see W. Rob. 198. The Gauntlet, 3 W. Rob. 82, 96, 97 ; The {q} The Ida, L. R. 3 Ad. 542. Laurel, B. & L. 191 ; Maclachlan, 4th ed. {r) The Ida, at p. 552. i>ed qu. as to 5g_ this ; see note {p) sup. 310 CHAP. IX.— HYPOTHECATION. had been incurred by a person employed by the British vice- consul in investigating into the mutiny and re-investing the master in his command, and the ship was liable to be detained till the expenses were paid, the master was held justified in giving a bond, although there had been no previous stipulation for one, inasmuch as no personal credit had been given to the master, as the expenses were incurred while there was no master in possession, and while the master was incompetent to do anything on her behalf.(s) Semble: § 435 Bq^ it ig ga,i,j ti^at it IS too much to say that a mere Mere threat ^vi of arrest will threat to arrest the ship for a pre-existing debt would be a sum- not justify (jjg^t necessity to justify the master in giving a bottomry interest, since it might be an idle threat, which the creditor might never enforce, and until enforced the peril would not act upon the ship itself.(i!) Nov will arrest And where a foreign charterer arrested the ship at a foreign incapaci'tated po^^t, under process Valid according to the law in force there, for from taking unliquidated damages, which he claimed against her, for the non- breaoli of delivery of cargo shipped by him, and the master, by the advice contract. of tjjg Oonsul, compromised the dispute, by giving to the charterer himself a bond for a sum considerably less than that claimed by him, it was held that the bond was invalid on the ground that the non-delivery was due to the failure of the charterer to receive the cargo, and on the further ground that the bond converted a personal debt into a bottomry transaction, and an unliquidated claim into a liquidated one with a bottomry premium. (%) And it is said that a bond cannot be given by the master to release his vessel from arrest in a foreign port, on account of debts owing by the owner to his agent at such port, such debts having been incurred in former voyages, (as) Bond for now § 435. If a ship sails to a foreign port, with no other fixed or master'has agreed voyage beyond such port, it being intended that the chance authority to gf ^he market shall be there taken for an advantageous freight, undertake one. ,i- i -pi ■■,-,-, the master has, m such a case, if the proper necessity should arise, an implied authority to obtain the necessary supplies or repairs at the foreign port for a new voyage, by bottomry.(2/) But not- for But he cannot hypothecate for any object which he has no purpose. express or implied authority to carry out. If, for instance, a new voyage is undertaken by the master, without any authority, either express, or to be inferred from the facts, then he has no authority to hypothecate for the purposes of such new voyage, and a bond, (s) The Gauntlet, 3 W. Rob. 82. {x) The Osmanli, 3 "W. Rob. 198 ; Tlie {t) FerMr. Justice Stovy, The Aurora, .fi'iimonc?, Lush. 57, 65. See, however, T/ie IWheaton, 96 ; cited with approvalin r/je Edmond (No. 2), at p. 220 ; and per Sir Ida, L. R. 3 Adm. at p. 551. R. Phillimore, The Karnah, L. R. 2 Ad. (m) The Ida, L. R. 3 Adm. 542, 552 ; p. 305. and see The Lochiel, 2 "W. Rob. 34. But (3/)' The Royal Arch, Swa. 269, 278 ; see notes (p), (r) supra. The Mary Ann, 4 N. of C. 376, 381. §§ 429-443.— OF SHIP: UNDER WHAT CIRCUMSTANCES. 3^^ if given to a person who may be reasonably supposed to know that the master had no such authority, will be void.(2) So a master, who has put into a foreign port of distress, has no authority to insure the ship and freight for performing the residue of the voyage, and has therefore no authority to give a bond in order to raise money for such purpose, (a) And a bond cannot be given to raise funds to free or save the master only from arrest, or to satisfy any demand in respect of which he alone is liable to be arrested in a foreign country. (6) § 437. Where the proper necessity exists, the master may in what ports hypothecate the ship, freight, and cargo in any port, whether it *'^^ master be a foreign port or a port of the country in which the owner of bond. the ship resides, provided either the master is unable to communi- cate with or obtain instructions from the owners within a time commensurate with the necessities of the ship,(c) or the owners are unable to provide him with funds, and assent to the bond being given.(^ " The jurisdiction of the Court does not depend upon the mere locality of the residence of the owner," but " upon the absolute necessity of the case."(«) And although, as we have seen,(/) it is not competent for the master, even with the consent of the owner, to grant a valid bot- tomry bond which could be enforced in the Admiralty Court upon a British ship, lying in a British port, for a new voyage ; still, where a British subject purchases a ship in a foreign port, he may, if the proper necessity exists, raise the funds requisite to enable her to return home and make a new voyage. (^) § 438. Before the master can safely venture to hypothecate, it Before giving is imperative upon him to use every effort to obtain the necessary ^^^^ obtain supplies or repairs on the personal credit of the owners or himself ; Pf®'^^„°"f^,"^'^'' for if it should afterwards appear that the shipowner had funds in the hands of his agent applicable to the needs of the ship,(/i) or that, by the exercise of proper diligence, the supplies or repairs could have been obtained on personal credit, either from the ship's agent, or otherwise, the Court would pronounce the bond invalid,(*) (2) The Beliance, 3 Hag. 66 ; The repairs clone to, or supplies furnished to Mary Ann, ubi sup. or for ships, every port within the United (a) TJie iSerafina, B. & L. 277. Kingdom of Great Britain and Ireland, (6) The Hersey, 3 Hag. 404, 413 ; the islands of Man, Guernsey, Jersey, 3 Moo. P. C. 79 ; The. Prince George, 4 Aldemey and Sark, and the islands ad- Moo. P. C. C. 21, 28 ; Dohson v. Lyall, jacent to any of them, being part of the 8 Jur. 969. dominions of Her Majesty, shall be deemed (c) Per Sir "W. Soott, La Ysabel, 1 a home port ; " and see the Act for Scot- Dods. 273 ; The Trident, 1 W. Eob. 29 ; land, 19 & 20 Vict. c. 60, s. 18. The Oriental, 3 W. Rob. 243 ; 7 Moo. (c) Per Dr. Lushington, The Trident, P. C. 398. 1 W. Eob. 31. (d) The Bonaparte, 8 W. Rob. 298 ; (/) Supra % 430. 8 Moo. P. C. 459. By 19 & 20 Viot. c. (a) The Helgoland, Sw. 491. :^) ' " "•' "-■" - 97, s. 8, "in relation to the rights and (ft) Lyall v. Sicks, 27 Beav. 616. remedies of persons having claims for (i) The Oriental, 7 Moo. P. C. 398 ; per 312 Master must communicate with ship- owner if practicable. Necessity of hypothecation must he communicatee! CHAP. IX.— HYPOTHECATION. at least in so far as the absence of necessity for it is estab- lished.(/) § 439. If the shipowner be on the spot, or so near that he can be reasonably communicated with, the master has no authority to hypothecate(A) without his express consent.(0 It is in all cases the duty of the master, before giving a bond, to communicate with the owners, if it be reasonably practicable(m) to do so, and to in- form them of the ship's distress and of his intention to give a bond, so as to enable the owners, if possible, to advance the neces- sary funds or to raise them upon their personal security, and at an ordinary rate of interest. Failure to communicate with the owners, in any case where the existing necessity admits of his so doing, or in the words of the authorities, where the possibility of communi- cating corresponds with the existing necessity, will invalidate the bond. (to) Accordingly, where a master executed a bond at New York, without communicating with the owner, who resided at St. John's, New Brunswick (as he might have done by telegraph), the bond was declared void.(o) In The Panama an owner in Liverpool chartered his ship to merchants there, and she got into difficulties and was obliged to put into Cardenas, in Cuba. The master tried to raise money there for necessary repairs, but found he could not do so. The charterer's agents in Cuba then telegraphed to the charterers in Liverpool to ask what they were to do. Neither the charterers nor the master communicated with the owner in Liverpool, who was in fact insolvent. But the charterers telegraphed to their agents to advance on bottomry, and this was done. It was held that the bond was invalid, for that under the circumstances of the case, the owner ought to have received notice, in order to have enabled him, if possible, to raise money for the purpose of rescuing his vessel from its difficulties, at a smaller rate of premium than the maritime premium reserved upon a bottomry bond would necessarily entail.(2') The law requires that the communication should clearly bring to the attention of the owners of the property in question the necessity of hypothecation. It will not be sufficient if it only leave such fact to be inferred from the circumstances stated in it. Sir John Nicholl, The Prince of Saxe Odbcmrg, 3 Hag. 392 ; per Cur. Stainhanlc V. Fenning, 11 C. B. at p. 88. (J) The Pontida, 9 P. D. 102, 177. (it) Per Sir E. Phillimore, The Karnah, L. E. 2 Ad. 300. (I) See cases cited «Mpra § 430. (m) See The Olivier, Lush. 484; The Panama, L. E. 2 Adm. 390 ; L. E. 3 P. 0. 203 ; The Onward, L. E. 4 Adm. 51. (re) The Oriental, 7 Moo. P. C. 398 ; The Bonaparte, 3 W. Bob. 298 ; 8 Moo. P. C. 459 ; The Boyal Arch, Swab. 275 ; The Panama, L. E. 2 Ad. 390 ; 3 P. C. 199 ; The Onward, L. E. 4 Ad. 38 ; Kleinwort v. Oassa Maritima of Genoa, 2 Ap. Ca. 156. The law of some foreign countries appears to be otherwise. See as to Italy, The Gaetano and Maria, 7 P. D. 1, 137. (o) The Oriental, 7 Moo. P. C. C. 398. iv) The Panama, L. E. 2 Adm. 390 ; L. E. 3 P. C. 199. §§ 429-443.— OF SHIP • UNDEE WHAT CIECUMSTANCES. 3^3 The owner should duly receive notice of the intention to raise money by bottomry, (g-) § 440. And it seems, that if a communication is necessary, and Necessity for no proper communication is made, the absence of it cannot in general tion'how for be excused on the ground of the laches of the owners of the pro- affected by perty afEected.(r) But neglect to reply to an application for advice owner of and assistance may dispense with a further communication of in- property. tention to raise funds by hypothecation. (s) And so if the owners of the property were cognisant of the intention of the master to give a bond, and had the opportunity of interfering, but did not interfere, such conduct on their part would be an acquiescence in the master's proceedings, and would prevent them from afterwards objecting that they had not had a suflBcient communication. (i) § 441. And even where the owner is in insolvent circumstances Effect of in sol- (if he has not been made bankrupt), and the fact of his insolvency j™t/°of is known to the master, notice must notwithstanding be given by owner on duty the master to the owner, wherever it is reasonably practicable to gat'e'™™'^"' do so, before a valid bottomry bond can be given by the master. But if the owner has been made bankrupt, then, as the owner- if owner bank- ship in his goods is in his trustee in bankruptcy, the notice must, ^P**^?^ *™m-^ when practicable, be given to him. For the trustee might municated think it would be more for the interest of the creditors that he ™™' should advance the money than that it should be raised at mari- time interest, (m) § 442. Before any one can safely venture to advance money, Lender's duty or to furnish supplies or repairs upon the security of a bottomry adv°ances on bond, he ought at his peril to satisfy himself by reasonable security of inquiry(a;) — first, that the money, supplies, or repairs are wanted for the necessities of the ship, and that she would be unable safely to prosecute her voyage without them ;(y) and secondly, that they cannot be procured on the personal credit of the owner, or master, or by advances on the freight, or upon any other credit than the hypothecation of the ship.(2) It seems also that the lender should satisfy himself that, if practicable, communication has been had with the owners, but without result, (a) If the master borrows money for the necessary wants of the voyage, from a person who has the means of knowing that the (2) The Onward, L. E. 4 Adm. 38, The Prince of Saxe Colourg, 3 Moo. P. 54; Kleinwort v. Oassa Maritima of C. 1. Oenoa, uU sup. (y) The Eliza, 1 Moo. P. C. 5 ; The Or) The Onward, uhi sup. Prince of Saxe Oobourg, 3 Moo. P. C. 1 ; (s) The Bonaparte, 8 Moo. P. C. 459 ; The Orelia, 3 Hag. 75, 84 ; The Roder- The Onward, L. E. 4 Adm. at p. 56. ick Dhu, Sw. 177, 183. H) The Lord Cochrane, 2 W. Bob. at (s) Per Sir J. Nicholl, The Hersey, .B p. 333. Hag. 408 ; The Faithful, 31 L. J. Ad. (u) The Panama,!,. E. 2 Adm. 390 ; 81 ; and see preceding note. L. E. 3 P. C. 199 ; supra § 439. (a) Per Dr. Lushington, Tlte Ohvier, Ix) The Eliza, 1 Moo. P. C. 5 ; Lush. 492 ; The Hamburg, B. & L. 253, 276. 314 CHAP. IX.— HYPOTHECATION. Lender's duty before he advances on Beourity of bond. Presumption in lavour of lender. Necessity of items must be proved not- withstanding inquiry. Public adver- tisement will not dispense with inquiry by lender. Not bound to calculate ex- pediency of repairs, nor to give notice to mortgagees. master might obtain the necessary supplies on personal credit, a. bottomry bond given to the lender would not be upheld, unless at least it were shown that he had exercised reasonable diligence ta ascertain the fact.(&) But the presumption is in favour of the lender, that he did make the proper inquiries, and that he was reasonably satisfied of the necessity. If the owner of the ship, freight, or cargo resists payment of the bond, the burden is upon him to prove the facts,, which he alleges show that it is not valid, (c) And the lender need make no further inquiries than those already indicated. To require more would be to impose dangers and restrictions upon bottomry transactions, which would be highly prejudicial to the interests of commerce. Therefore trans- actions between the owner and mortgagee of the ship, which might render the voyage a fraud on the mortgagee, cannot invali- date a bottomry bond given by a master to a honA fide lender.(£^) It has been said, that if the foreign merchant, after due in- quiry, has reasonable ground for concluding that the circumstances justify the giving of a bond, then his security will not be invali- dated, although it should turn out, notwithstanding such inquiry,, either that the supplies or repairs were not necessary, or that they might have been obtained on personal credit.(e) But it is now laid down that although due inquiry is evidence of iona fides, in the bondholder, so that the Court will not pronounce the bond void ah initio, it will not dispense with proof of the actual neces- sity of each item included in the bond.(/) Even the sale by auction of a bottomry bond, pursuant to public advertisement, to the lowest bidder, in a foreign port, is not sufficient to discharge a purchaser of the bond from the necessity of making reasonable inquiries whether the master is under the circumstances justified in granting the bond.(^) § 443. The lender of the money on bottomry is not bound to inquire into, or to satisfy himself of, the expediency, so far as the owner's interests are concerned, of incurring the proposed expen- diture on the repairs, unless indeed they are so flagrantly inexpe- dient as to raise a presumption of fraud.(A) Nor is a lender on bottomry under any obligation to commimi- cate the existence of the bond to mortgagees of the ship ; and the validity of his bond is not affected by the owner concealing it from the mortgagees.(i) (6) The Eliza, 1 Moo. P. C. 5. (c) The Duke of Bedford, 2 Hag. 294, 300 ; The Vibilia, 1 W. Rob. 1, 5 ; The Mary Ann, 4 N. of C. 376, 379. {d) The Mary Ann, L. E. 1 Adm. 13. (e) The Prince of Saxe Cobourg, 3 Moo. P. 0. C. at p. 9. (/) The Pontida, 9 P. D. 102, 177. (g) The Prince of Saxe Coboura, 3 Moo. P. C. C. 1. {h) The Vibilia, 1 W. Rob. at p. 10 ; Duncan v. Benson, 1 Ex. 537, 655. (i) The Helgoland, Swab. -^191. § 444.— OF FREIGHT. 3 ]^ 5 If there is no collusion, and if the lender has reasonable ground for believing that the money is fairly borrowed, he is not bound to see to its proper application. Nor is it any objection to a bond, that after it was given, the money obtained upon it was mis- applied by the master ;(/<;) unless, indeed, the lender is also the agent of the ship.(^) Hypothecation of Freight. § 444. If the bond hypothecates only the ship, the bondholder He may hypo- cannot, if the ship prove insufficient to satisfy the bond, resort to ^'he^'he mfy' either the freight or to the cargo. If it hypothecates only the hypothecate ship and freight, he cannot resort to the cargo, (m) ''"^" The master has exactly the same power of hypothecating the freight as he has of hypothecating the ship. Wherever he may hypothecate the one, he may hypothecate the other. The same circumstances are necessary to justify hypothecation in the one case as in the other. The freight may be hypothecated in the same way and by the same bond as the ship.(?i) A general hypothecation of the freight by the master in a foreign port includes all the freight at risk for the voyage for which advances are made, whether earned at the time the bond is made or not, not excepting freight earned by the charterers from sub-shippers, (0) but it does not include advances of freight, which had been hand fide paid to the master or owner, before the time of making the bond.(;p) And where a ship on her outward voyage was chartered to load a caz-go at Cuba for London, and the charter-party stipulated that the charterer's agent should make such advances at Cuba on account of freight as he might think the ship required, and the master gave a bond on ship and freight before the ship reached Cuba, the charterer's agent there having made advances in pursuance of the charter-party, it was held that inasmuch as the advances were made in pursuance of a prior agreement, which the charterer was bound to perform unless pre- vented by legal proceedings, he was entitled as against the bond- holders deducting their amount from the gross freight. (§') Freight to be earned on a voyage subsequent to that for which Freight to be advances are required, cannot be hypothecated ; for, by the very gui^gequent nature of a bottomry bond, the person who takes it is to become voyage cannot subject to the maritime risk, and therefore nothing can be hypo- ^^^^l_ (/c) Per Lord Stowell, The Jane, 1 (n) r/ie^%w«i!a, 1 Dods. 283 ; 1 Par Dods. 4(51, 464, 465 ; Maolachlan, 4th sons, Sh. 159 ; Abbott, Sh. 13th ed. 152, ed. 154 ; and see the judgment of Story, J., (0) The Karnah, L. E. 2 P. C. at p, in r/ie i^bj-^/ierf'!, 3 Sumner, 228. 514; 1 Parsons, Sh. 159; Ihe M^kza, (l) The Boyal Stuart, 2 Spinks, E. & 3 Hag. 87. „ „ . , A. 258, 260. ip) Tlie Karnak, L. U. 2 P. C. 505 . tm) Marshall, Ins. 588 ; The Constan- The John, 3 W Kob. 170 ; The Oynthia, da, 4 N. of C. 285 ; 1 Parsons, Sh. IB Jur. 749. 169. • {q) The Standard, ^^.i^l. 316 CHAP. IX.— HYPOTHECATION. Ship and freight contri- bute rateably. thecated, except suet things as are in danger of perishing by the maritime risk during the time the bond is running.(r) In an early case^ however, where the shipowner had delivered the cargo and collected the hypothecaited freight, and caused the ship to sail away before the arrival of the bottomry bond, so as to deprive the bond-holder of the opportunity of enforcing his security, it was held, but without laying down any general principle, that under the circumstances the bond-holder might enforce his security against freight earned on a subsequent voyage, no third party having become interested in it.(s) If the ship and freight belong to different persons, and both are subject to a bottomry bond, the Court in liquidating the bond will see that each fund contributes pro ratd.(t) And it would seem that the bond-holder ought not to be allowed to suffer by the goods being carried freight free.(w) When the master may hypothecate the cargo, as agent of owners of the cargo. Hypothecation of the Cargo. § 445. When the cargo alone is hypothecated, the instrument is properly called a respondentia bond; (a;) the expression bottomry bond is, however, frequently employed where the in- strument binds the cargo, whether alone or in addition to the ship and freight, (y) The validity of a contract by the master hypothecating the cargo, the enforcement of it, and the instrument by which it is effected, are subject to conditions precisely similar to those which affect and regulate the contract of the hypothecation of the ship and freight. In some cases the master may hypothecate the cargo as agent of the owners of the cargo, and in others as agent of the owners of the ship. But he may not repair the ship at the sole expense of and without reasonable probability of benefit to the cargo. For it must in all cases be remembered that the foundation of his authority to give a bottomry bond on cargo is the prospect of benefit, direct or indirect, to the owner of the cargo. This principle limits the authority of the master in this respect, (s) ' § 446. We will first consider the cases in which he may hypothecate as agent of the owners of the cargo. As we have seen, the master is entrusted with the cargo for the purpose of (r) The Staffordshire, L. E. 4 P. 0. 194, 210. (s) The Jacob, 4 C. Bob. 245. See this case discussed in The Staffordshire, ubi swp. (<) The Dowthorpe, 2 W. Bob. 73, 81, 85. (m) As to the effect of caiTying goods freight free, see The Oratitudine, 3 C. Bob. 240, 278 ; The Thyatira (No. 1), 8 P. D. 155 ; S. 0. (No. 2), 49 L. T. 713. (x) § 419 supra. For form of such a bond, see Cargo ex Sultan, Swab. 510 ; and see Appendix, No. 6. {y) Maude & Pollock, 4th ed. 561. (z) Per Sir B. Phillimore, The Onward, L. B. 4 Adm. 38, 57, 58 ; The Karnak, L. B. 2 Ad. at p. 310 ; per Lord Stowell, The Oratitudine, 3 C. Bob. at p. 261. §§ 445-452.— OF CARGO. 317 conveying it safely to its port of destination, and this purpose When master he is bound to accomplish by every reasonable and practicable ™ ^^ the'cargo method. The character of agent for the cargo-owners is conferred as agent of and imposed upon him solely by the necessity of the case, and "^go™ ° when it is not reasonably practicable for him to communicate with them and ask for their instructions. In the event of disaster to the ship or cargo at a place where he cannot communicate with the cargo-owner, it is the master's duty to put himself in the place of the cargo-owner, and do, as nearly as he can, what the latter, as a prudent man, would himself do if he were present, (a) Thus circumstances may be such as to render it expedient and necessary for the master, in order to promote the interests of the owners of the cargo, by preserving their property and furthering it to its port of destination, to raise money by hypo- thecating the cargo. In all such cases he has an implied authority to do so. If, for example, a ship carryiug cargo is stranded on a foreign coast and unable to proceed, and the cargo lies under arrest for salvage, and communication with its owners would be attended with greater delay and difficulty than the circumstances would allow, the master may, on his own authority, give a respondentia bond to release the cargo, in order to enable him to tranship it and send it on. (6) § 447. We will now consider in what cases the master may As agent of hypothecate the cargo as agent of the owners of the ship. o-miers^when- Whenever such necessity exists, as would justify the master in ever bottomry hypothecating the ship, he is authorised, provided, at any rate, J"^ ^ ® • that there is a reasonable probability that the cargo will be benefited by the expenditure, when the credit and property of the owners of the ship fail to yield him the requisite supplies, to have recourse to the cargo and to hypothecate a part or the whole of it.(c) Subsequent accidents may intervene to make the con- tract of hypothecation less beneficial than might have been expected at the time it was entered into. But such accidents will not invalidate the original contract.(t?) If the necessity is proved, the title of the bondholder is unimpeachable, and the remedy of the proprietor of the cargo is against the owner of the ship at common law.(a) For persons who advance money on bottomry, whatever be the amount which they undertook to advance, and however they may look in the first instance to the value of the ship and freight, are fully entitled, if they think fit, (a) Supra §§ 238, 239. {d) Per Lord Stowell, The Gratitu- (5) Cargo ex Sultan, Swab. 504. dine, 3 C. Eob. 265. (c) The Oratitudine, 3 C. Rob. 240 ; (e) See § 452 infra. The Lord Cochrane, 2 W. Rob. 320. 318 Master cannot authorise lender's agent to sell the cargo, nor give hond on cargo not shipped, nor to secure his personal remuneration. Duty to com- municate with cargo-owners before hypo- thecation. CHAP. IX.— HYPOTHECATION. to demand the additional security of the cargo, and to bind all three under the obligation of the bond for the repayment of the money advanced.(/) § 448. But as the hypothecation is not a transfer of the pro- perty, but only a kind of pledge, the master has no right or power to undertake that the cargo shall be placed for sale in the hands of an agent of the lender and deprive the merchant of all opportunity of redeeming the pledge. (^) He cannot give a bottomry bond or cargo, which is not shipped, for he has no authority over the cargo, until it is put on board. (A) In a bond given upon the cargo, to defray charges incurred in unshipping, storing, and transhipping the cargo at a foreign port, advances to the master for his services and personal expenses in taking care of the cargo there, will not be allowed, nor will the Court in such a case, whatever may be the custom of the port where the bond was given, allow as valid items any com- missions beyond a reasonable amount, (i) § 449. It is a universal rule that the master of a British ship,(^) if in a state of distress or pressure, must, before hypo- thecating cargo, if reasonably practicable, communicate or attempt to communicate with the cargo-owners. (Z) If it be rational to expect that if he communicates with the owners he may obtain an answer within a time not inconvenient with reference to the circumstances of the case, then it is the duty of the master, before hypothecating the cargo, to communicate, or at least to make the attempt, (m) informing the cargo-owners of the ship's distress and of the master's intention to give a hond,(ii) and to await their instructions in reply ; and this he must do for two purposes : first, to give the owner an opportunity of advancing the necessary funds, or of raising them on his own personal credit, and at an ordinary rate of interest, if he can do so ; and secondly, to give him an opportunity of unlading the cargo altogether, if he thinks it expedient to do so.(o) But where it is under the circumstances impracticable to com- (/) The Lord Cochrane, 2 W. Eob. at p. 327. ig) Maude & Poll. 4th ed. 568, citing Johnson v. Greaves, 2 Taunt. 344. (/i) The Jonathan Ooodhue, Sw. 355 ; The Edmond, Lush, at p. 65. (i) The Glenmanna, Lush. 115. (/c) It appears to be otherwise accord- ing to the law of some foreign countries. See as to Italy, The Gaetano and Maria, 7P. D. 1, 137. (I) The Hamlurg, B. & L. 253 ; The Bonaparte, 8 Moo. P. C. 459 ; The Ori- ental, 7 Moo. P. C. 398 ; Kleinwort v. Oassa Maritima of Genoa, 2 Ap. Cas. 156. (m) The Hamhurg, E. & L. 253, 273 ; The Bonaparte, 8 Moo. P. C. 459, 473 ; The Karnah, L. E. 2 Ad. 289, 309 ; L. R. 2 P. C. 505. See also §§ 439-441. (n) Kleinwort v. Cassa Maritima of Genoa, 2 Ap. Ca. 156 ; The Onward, L. E. 4 Ad. 38 ; The Oriental, 7 Moo. P. C. 398. (o) Per Sir E. Phillimore, The Lizzie, L. E. 2 Ad. at p. 259 ; and see per Brett, L.J., The Gaetano and Maria, 7 P. U. at p. 144. §§ 445^52.— OF CARGO. 3]^ 9 Tnunicate with the owners of the cargo, so as to receive an answer Duty to com- within a reasonable time, the master is entitled, if the requisite '"""'c^'e with cargo owners necessity exists, to hypothecate the cargo, (jj) if practicable. Thus, a ship sailed from Minatitlan, in January, 1866, with Examples mahogany and cedar for the United Kingdom, and having suffered sea damage, put into Key West on February 27th, and there pro- perly underwent some necessary repairs, which detained her until May 21st. The master, not being able to raise money on personal security, to defray the expenses of the repairs, gave a bottomry bond, dated the 19th of May, on the ship, freight, and cargo. The master did not, before hypothecating, communicate with the owner or consignees of the cargo, by reason of the great delay and uncertainty in the transmission of letters from Key West at that time. The vessel arrived at her destination on the 2nd of July. A suit having been commenced upon the bond, it was held that, under the circumstances, the master was not bound to com- municate with the consignees of the cargo before hypothecating, and that the bond was therefore binding on the cargo, (g) But where it appeared that a bottomry bond on ship and cargo tad been granted by the master in Sweden, where the shipowners resided, and with their consent, and that it was under the circum- stances practicable to communicate within a reasonable time with the owners of the cargo, who resided at Hull, it was held that in the absence of evidence of such communication the bond must be declared to be void, so far as the cargo was concerned. But, as it was afterwards shown, on further evidence being adduced, that the master had in fact informed the owners of the cargo of the injured state of the ship and sought their advice, and that they had sent no reply to his letter, the court sustained the bond against them.(r) § 450. The usual form of a bottomry bond is upon ship, Cargo never freight, and cargo, (s) When a bottomry bond given for the ^^^^^^ ^°^^^ ^j. necessities of the ship includes the cargo, the cargo cannot be ship till ship made subject to the payment of the bond until the proceeds of ^,^ exhausted. the ship and freight have been exhausted, (^) and this, whether the bond hypothecates ship, freight, and cargo in terms, or ship and cargo only.(^t) And even when the cargo alone has been hypothecated by a bond given for the necessities of the ship, the bond has the effect {p) Cargo ex Sultan, Swab. 504 ; The (t) Per Dr. Lushington, The Bona- OUvier, Lush. 484 ; La Tsabel, 1 Dods. parte, 3 "W. Bob. 302 ; The Prisdlla, ^13. Lush. 1. (q) The Lizzie, L. R. 2 Ad. 254 ; and (u) The Corastoraaa, 4 N.ofC. 285 ; The see The Olivier, Lush. 484. Prince Begent, cited in The Dowthorpe, (r) The Bonaparte, 3 W. Rob. 298 ; 8 2 W. Rob., pp. 88, 84; The Prisdlla, Moo. P. C. C. 459. Lush. 1, 3. (s) Per Sir R. Philli L.E. 2 Ad. at p. 310. (s) Per Sir R. Phillimore, The Earnah, L.E. r • • 320 CHAP. IX.— HYPOTHECATION. Conflicting bonds. Eemedy of owners of cargo against owners of ship. of virtually hypothecating the ship and freight, although not naentioned in it, for the Court of Admiralty will not allow the cargo to be resorted to for the ship, until the ship and freight have been exhausted. (:c) § 451, And this principle will be followed even where it will have the effect of destroying the security of the holder of a bond on ship and freight only, over which a bond on ship, freight, and cargo has obtained priority.(2/) Thus, where three bottomry bonds for the necessities of the ship were given, the first in date on ship and freight only, and the second and third on ship and cargo ; and the ship and freight were sufficient to satisfy the two later bonds only ; it was, nevertheless, held that the holders of the third, the last bond, which was entitled to priority, must be paid out of ship and freight. («) The rule was also applied in The Constaiwia.(a) In that case three bonds were given, the first on ship only, the second, of the same date, on cargo only, and the third, of a later date, on ship only. The value of the ship was not sufficient to satisfy the first and third bonds. It was held that the third was entitled to priority, and must be paid first out of the proceeds of the ship ; and further, that the holder of the bond on cargo could not resort to the cargo until ship and freight had both been exhausted. But neither of the earlier bonds having priority over the other, the Court directed the whole of the proceeds of the ship remain- ing after payment of the third bond, to be applied in payment of the first, and the second bond to be paid in the first place out of freight, and as to the residue after the freight was exhausted, out of the cargo : applying the principle that where there are two creditors, one having a single, the other a double or treble security, it is the duty of the Court so to deal with the assets that both creditors may be paid.(&) The ship and freight will be applied in satisfaction of such a bond, whether the bondholder on cargo desire it or not. It is a right which belongs to the owners of the cargo, against whom there is no claim, except for any deficiency which may remain after the application of the ship and freight to discharge the bottomry bond.(c) § 452. In raising money for repairs of the ship upon bottomry, the master acts solely as agent of the shipowner. (x) Per Lord Stowell, The Gratitudine, 3 C. Rob. 240, 264 ; The Oomtancia, 4 N. of C. 285 ; S. C. (No. 2),ibid. p. 515 et seq.; Marshal), Mar. Ins. 588. {y} Bonds rank (according to the gene- ral rnle of maritime liens) the later in time, the earlier in payment. See § 460 infra. (z) The Friicilla, Lush. 1. (a) 4 N. of C. 285, 288 ; ibid. 512. (6) See also The Mary Ann, 9 Jur. 94. (c) Marsh. Ins. 588 ; The Oonstancia (No. 2), 4 Notes of Cas. at p. 517. §§ 453-464.— EFFECT OF THE CONTRACT. 321 "In ordering the repairs of the ship," says Patteson, J., in delivering the judgment of the Exchequer Chamber in the case of Benson v. Duncan, " the master acts exclusively as agent of the owner of the ship. No other person but the owner of the ship, or his agent, can have any authority to order the repairs. The owner of the cargo cannot insist on such repairs being made, for the shipowner is absolved from his contract to carry if prevented by the perils of the seas, and he is bound by it if prevented by inherent defects in the ship ; in either case, if he does repair, he does so for the sake of earning freight, which the master is bound to enable him to do if he can. Being, then, the agent of the shipowner in ordering the repairs, how can he be the agent of any one else in borrowing money to pay for those repairs ? If, in order to borrow that money, he is obliged to pledge not only the ship, but the cargo, he in effect borrows money on the cargo for the benefit of the shipowner." (t^. The shipowner is consequently liable to indem- nify the owner of the cargo for any loss which such a pledge of the cargo may cause him to suffer. And the cargo-owner, on his part, can therefore recover from the shipowner compensation for any loss, occasioned even by a necessary and justifiable hypothe- cation of the cargo for the repairs of the ship. Thus, in the case from which the above passage is quoted, the master of a ship damaged by sea perils hypothecated by one bond at a foreign port, the ship, freight, and cargo for necessary repairs. On her return to this country, the ship and freight realised less than the sum advanced, so that the owner of a portion of the cargo was compelled to contribute towards the difference and also to pay his proportion of the costs of a suit instituted by the obligee of the bond in the Court of Admiralty. It was held that he might maintain an action against the owner of the ship on an implied promise to indemnify him against the consequences of the acts of the master.(e) The Legal Effect and Operation of the Contract. § 453. The contract of hypothecation or bottomry is, as we have ^°^ '* AiSavs •^ ^ '' , irom mortgage shown, (/) distinguishable from a mortgage and from a pledge, m or pledge. that it confers neither property nor possession, but only a right enforceable against the subject-matter through the medium of legal process, or, in other words, a maritime lien.(^) id) 3 Ex. at p. 656. (/) &wpra, § 418. (e) Dimxm v. Benson, 1 Ex. 637 ; in (g) The Tobago, 5 C. Eob. at p. 222 ; Cam. Scac, 3 Ex. 644. Stainhank v. Shepard, 13 C. B. atp. 442. X 322 CHAP. IX.— HYPOTHECATION. Assignable in Admiralty. Former Jurisdiction of Chancery Court. When bond becomes pay- able. On ship's safe arrival, or when ship lost by default of master. When the bond becomes Although, until the Judicature Acts came into force, a contract of this kind, technically called a chose in action, could not be assigned so as to enable the assignee to sue upon it in his own name,(/i) yet in the Admiralty Court a bottomry bond has always been regarded as a negotiable interest, which may be transferred, and put in issue by the person who acquires it.(i) Prior to the Judicature Acts, where there had been fraud, or where inquiries arose upon the bottomry contract, or equities attached to it, which could not be dealt with satisfactorily by the Court of Admiralty, the Court of Chancery would restrain pro- ceedings upon the bond in the Court of Admiralty ; (k) but now no proceeding in the High Court can be restrained by injunction, but every matter of equity on which an injunction might have been obtained, may be relied on by way of defence to an action on the bond.(Z) § 454. As we have already seen, it is essential to the validity of the bond, that the money secured by it should in express terms be made payable, only upon the ship's safe arrival at her port of destination. (m) But no loss will have the effect of avoiding the contract, or of discharging the borrower, except a total loss, caused by the perils of the sea during the voyage and within the time specified in the contract.(w) Therefore, if the ship is captured, and afterwards restored to her owners, and so completes her voyage, the money is thereupon payable, for this is not a total loss, but only an interruption of the voyage, (o) If the ship or cargo be lost, not by the perils of the sea, but by the default of the borrower or master, the bond becomes payable. " The lender," says Kent,(p) " who is in efiect an insurer, does not, as in ordinary cases of insurance, assume the risk of barratry or loss by the fraud or misconduct of the borrower or his agents. And the doc- trine of seaworthiness, deviation, and the neoegsity of diligence and correct conduct on the part of the borrower are equally applicable to this contract as to that of insurance. The lender is not to bear losses proceeding from the want of seaworthiness, or from unjusti- fiable deviation, or from the fault of the borrower, or the inherent infirmity of the cargo. Nor does he run the risk of the goods shipped on board another ship without necessity." (^) § 455. The money advanced on a bottomry bond becomes due of enforcing payment with diligence, see 2he Boycd Arch, Sw. 269, and § 463, infra. (n) Marshall, Ins. 594, § 457, infra, (o) Joyce V. Williamson, 3 Doug. 164. («) 3 Kent, Com. 860 ; and see Mar- all, vi)i Sim. (h) Abbott, 13th ed. 155. (i) The Rebecca, 5 C. Bob. 102, 104 ; The Prince of Saxe Cdbourg, 3 Hag. 387, 393 (ic) Maude & Poll. 4th ed. 577 ; Cflas- cott V. Lang, 8 Sim. 358 ; 3 Myl. & Cr. 451 ; Dobson v. Lyall, ih. 453, n. ; Dwn- can r. McCalmont, 8 Beav. 409. (I) 36 & 37 Vict. 0. 66, s. 24 (5). (m) Supra, § 424 ; as to the importance shal (a) 3 Kent, Com. 360 ; and see Mar- shall, u&i sup. §§ 453-464.— EFFECT OF THE CONTRACT. 323 and payable to the lender, not only when the ship arrives in safety When voyage at her port of destination, but also whenever her vovasre is broken terminated by , . . , . , , , , , voluntary act up or termmated m any way whatever, as where she has sustained of master. such damage as to be unable to continue it,(?') or where it is put an end to by the voluntary act of the master or owner; for instance, when the master sells the ship at an intermediate port.(s) In the latter case the bondholder may enforce his claim against the proceeds of the sale ; and is not prevented from doing so by the fact that the ship has sustained such damage by sea perils as would, between assurers and assured, constitute, a constructive total loss ; provided she exist in specie at the time of the sale.(i) A fortiori the money is payable when the voyage agreed upon in the bond is abandoned by the borrower without the consent of the lender ;(«) or when the ship is intentionally wrecked or lost by the master or owner, (k) So, if the ship be lost, after having deviated from the voyage When lost stipulated for in the bond, the bondholder will be entitled to after deviation. recover,(2) unless indeed the deviation were justifiable.(a) And it has been said that if the master, after setting out on the voyage, fraudulently neglects or refuses to proceed with the ship to the place to which she was destined, the bond becomes instantly due. (6) § 456. If the vessel is lost, without the default or misconduct EfFeot of loss of master or owner, and a part of the property included in the ourdefauu' bond is saved, the lender on bottomry is entitled, as between him- self and the shipowners, or a mortgagee of the ship (whose rights are as much bound in bottomry as those of the owners), to the whole of what is saved, provided it was included in his security. The bond, as has been said, attaches to the very last plank, and the bondholder may have that sold for his benefit.(c) His remedy is, however, in any case limited to the value of the property saved.(c) And where, after an agreement to hypothe- cate an entire cargo, part of it had been accidentally burned ; part of it salved, and subsequently sold, and its proceeds, after payment of salvage, paid into the Registry of a foreign Court ; and the residue transhipped to England ; and a bond which purported (r) The Dante, 2 W. Rob. 427. (u) The Helgoland, Swab. 491, 499. (s) 1 Parsons, Sh. 137 ; per Sir R. (x) 1 Parsons, Sb. 137. Phillimore, The Great Pacific, L. R. 2 (z) Western v. Wildy, Skin. 152 ; Adm. p. 384 ; affd. 2 P. C. 516 ; per Dr. Williams v. Steadman, Skin. 345 ; Anon., Lushington, The Gaiherine, 15 Jur. p. 2 Ch. Ca. 130. 232 ; The Brig Draco, 2 Sumn. (U.S.), (a) The Armadillo, 1 W. Rob. 251, 157 ; cp. Assecurazione, <&c. v. Bessie 256-8. Morris S.S. Co., (1892) 1 Q. B. 571, (6) The Arinadillo,iyf,'&o\>.,^ST:Dv. 576 ; 2 Q. B. 652. Lushington at p. 255. (i) The Great Pacific, L. R. 2 Ad. (c) Per Sir ,J. Colville, The Great 381 ; 2 P. 0. 516 ; The Elephanta, 15 Pacific, L. R. 2 P. C. p. 523. Jur. 1185. See also § 457, and note ( • -I • ■ 1 ■ in 1 sea-nsning office superintendent, who is to satisfy himself that the require- service. ments of the Act are complied with, that the intended master and the boy are fit persons for the purpose, and that the boy's nearest relations or guardians assent to his apprenticeship, and to the terms of the engagement ; and is to sign an indorsement on the indenture or agreement to that effect. In case the boy's relations or guardians cannot be found, the superintendent is to act as guardian for the occasion, and so state in the indorsement, which is to be evidence, without proof of his signature, of the facts stated in it. The indenture or agreement is to be in triplicate, one part to be kept by the master, one by the boy, and one by (c) 17 & 18 Vict. <;. 104, s. 144. (d) 25 & 26 Vict. c. 63, s. 15. (e) 17 & 18 Vict. c. 104, s. 279 ; svipra, § 225. (/) 46 & 47 Vict. c. 41, ss. 4-12. 336 Apprentice may sue in Admiralty Court for wages. CHAP. X.— THE CREW. the superintendent.(A) It is to be in form required by the Act, unless that form is altered by order in Council, on the recom- mendation of the Board of Trade, (i) Agreements or indentures of apprenticeship for this service are forbidden to boys under thirteen, and if made with them are void.(/fe) The receipt of money in consideration of a boy's being bound by indenture or agree- ment is a misdemeanour.(Z) Agreements which do not comply with the Act are void, and a maximum penalty of £20 is imposed on persons taking boys to sea in the fishing service without an agreement, or under a void agreement, (m) But those stipulations- of a void agreement, which are in favour of the boy, may be enforced for his benefit by the marine office superintendent at the port from which the boy was taken, or at the nearest port.(»i) Those of a valid agreement are enforceable on behalf of the boy by the superintendent before whom it was completed.(o) An apprentice is entitled to sue in the Court of Admiralty the proceeds of sale of the ship in which he has served, for wages due under a general apprenticeship to the owner, but not for the penalty contained in the indenture for breach of the agreement.(^) Seamen's contract before 1854. The JEngagement of Seaynen : The Agreement with the Grew. § 472. The engagement of the crew is a duty which is imposed upon the master, and the right performance of which requires n» small amount of care, discrimination, and judgment. Before the passing of the Merchant Shipping Act, 1854, it had been laid down by Lord Stowell, that the seaman's contract was " an ancient instrument necessary to describe the engagement of the contracting parties, with respect to the two particular obliga- tions which alone were necessary to be contracted for ; ... . on the part of the shipowner a description of the intended' voyage, and, on the part of the seaman, engaging for the rate of wages which he was content to accept for his services on that voyage ; " and that the general duties of both parties, arising out of. the contract, were sufficiently described by the general law.(g') It was also laid down that an agreement for wages might be made by word of mouth, or in writing ; (r) — that an informality in the mode of hiring would not disqualify from remuneration, if the work had been properly done ; "(s) — that when the agree- (A) 46 & 47 Vict (i) Ibid., B. 5. (k) Ibid., a. 6. (i) Ibid., B. 7, by s. 11. (m) Ibid., s. 8. i;. 41, s. 4. Fees are provided for This section exempts from the operation of the Act the employ- ment of boys by the day only, with whom no written agreement has been made. (») Ibid., s. 9. (o) Ibid., a. 10. ( «) The Albert Oroshy, Lush. 44. (qS The Minerva, 1 Hag. 352. (r) The Prince George, 3 Hag. 376,, 378. (a) Tlie Jane and Matilda, 1 Hag. at p. 193. §§ 472-482.— ENGAGEMENT OF SEAMEN : AGREEMENT WITH CEEW. 337 ment was left imperfect as to the amount of wages, it was open Seamen's to both parties to supply the omission by parol evidence, notwith- ^^'ract standing that the 2 Geo. II. c. 36 directed that such agreements should be conclusive and binding ;(^) — that although the ship's articles were conclusive with respect to the specification of the wages and the voyage, on other collateral agreements they were not so in all cases, and the Court would consider how far such clauses were reasonable and consistent with justice, bearing in mind the ignorance and imprudence of seamen, and their inability to understand the meaning of a long and wordy instrument ;(%) and it was said that in case of a doubt upon the construction, the Court would look favourably to the seamen's claims, (a;) § 473. The Merchant Shipping Acts contain precise regulations Since 1854. respecting the engagement, protection, and proper discipline of seamen, with all of which the master should make himself thoroughly acquainted. With reference to their engagement the Merchant Shipping Act, 1854,(2^) contains the following sections : — 146. The Board of Trade may grant to such persons as it thinks fit Board of Trade licences to engage or supply seamen or apprentices for merchant ships in may license the United Kingdom, to continue for such periods, to be upon such terms, P^f sons to pro- a,nd to be revocable upon such conditions, as such board thinks proper. 147. [Imposes a penalty not exceeding twenty pounds for every sea- Penalties: .man or apprentice engaged or supplied in contravention of the section, on (1) Any uniicensed(2:) person other than the owner, (a) master or mate for supplying of the ship, or a bond fide servant of the owner in his constant seamen with- employ, or a Marine OjQBce superintendent, (6) who engages or oi' licence : supplies any seaman or apprentice for any ship in the United Kingdom : (2) Any one who employs any unlicensed person, other than those for employing above excepted, for the purpose of so engaging or supplying unlicensed any seaman or apprentice, and such person, if licensed, is, in P^''^""^ • addition, to forfeit his hcence : (3) Any person who knowingly receives or accepts any seaman or for receiving apprentice engaged or supplied contrary to the provisions of seamen ille- the Act.] gaily supplied. 148. [Imposes a penalty not exceeding five pounds for each ofience on Penalty for anv person who demands or receives, directly or indirectly, from any receiving •' ■'^ , . . ^ , y 1 i i; remuneration seaman or apprentice, or from any one seeking employment as sucJti, f^^^ seamen or any one on his behalf, any remuneration whatever, other than the for shipping authorised fees, (5 J) for providing him with employment.] them. (i) The Harvey, 2 Hag. 7982 ; The 43 "Vict. c. 49), is to throw on a defendant Porcupine, 1 Hag. 378. the burthen of proving that he holds a (tt) The Prince Frederick, 2 Hag. 394. licence, when once the prosecution have (x) The Hoghton, 3 Hag. at p. 112. proved the supply of the seamen : B. v. (V) 17 & 18 Vict. c. 104. By s. 109, Johnson, 55 L. T. 265. " so much of the third part of this Act as (a) " Owner " includes a person who, relates to the shipping and discharge of though not registered, has purchased a seamen in the United Kingdom shall apply share in a shifi and has therefore an equit- to all sea-going British ships, wherever able interest in her : Hughes v. Suther- Tegistered, and to the owners, masters, and land, 7 Q. B. D. 160. crews of such ships." As to its application (6) 25 & 26 Vict. u. 63, s. 15. to the engagement and discharge of sea- (65) No fees are now authorised, ss 125 men abroad, see § 485 note (e), inf. & 126 being repealed by 55 & 56 Vict. (z) The effect of s. 39 (2) of the c. 19. See § 6, sup. Summary Jurisdiction Act, 1879 (42 & 338 CHAP. X.— THE CEEW. Agreements to be made with seamen, contaming certain par- ticulars. Fishing boats. § 474. The following general provisions relate to the agree- ments to be made with seamen. 149. The master of every ship, except ships of less than eighty tons registered tonnage exclusively employed in trading between different ports on the coasts of the United Kingdom,(c) shall enter into an agreement with every seaman whom he carries to sea from any port in the United Kingdom as one of his crew in the manner hereinafter mentioned ; and every such agreement shall be in a form sanctioned by the Board of Trade,(cZ) and shall be dated at the time of the first signature thereof, and shall be signed by the master before any seaman signs the same, and shall contain the following particulars as terms thereof ; (that is to say) (1) The nature,(e) and, as far as practicable, the duration of the intended voyage (c) or engagement : (2) The number and description of the crew, specifying how many are engaged as sailors :(c) (3) The time at which each seaman is to be on board or to begin work: (4) The capacity in which seaman is to serve :(/) (5) The amount of wages which each seaman is to receive :(c) (6) A scale of the provisions which are to be furnished to each seaman : (7) Any regulations as to conduct on board, and as to fines, short allowance of provisions, or other lawful punishments for misconduct, which have been sanctioned by the Board of Trade as regulations proper to be adopted, and which the parties agree to adopt :(g) (8) An entry of the statement delivered to the officer of customs of the distance in feet and inches between the centre of the load line disc and the upper edge of each of the lines indicatiag (c) In the case of fishing boats an agree- master : see a. 8, and The Prince George, ment is required between the skipper and seamen containing particulars identical with those set out in the text, except that No. (2) need not specify how many of the crew are engaged as sailors ; and No. (5) must specify " the remuneration which each seaman is to receive, whether in wages, or by a share in the catch, or in both ways, and the time from which each seaman's remuneration is to commence : " 46 & 47 Vict. c. 41, s. 13. la this Act, " A voyage of a fishing boat " means " a fishing trip, commencing with a departure from a port for the purpose of fishing, and ending with the first return to a port there- after upon the conclusion of the trip. A return due to distress only " is not deemed a return if followed by a resumption of the trip : s. 18. (d) This agreement is exempt from stamp duty ; see ss. 8, 9, and supra § 1 ; and so is every agreement or memorandum made between the master and mariners of any vessel for wages on any voyage coast- wise from port to port in the United King- dom ; 54 & 55 Vict. c. 39, 1st Sched. For forms approved by the Board of Trade, see Appendix, No. 7. If the agreement is not in the authorised form, it seems to be provable in favour of the seamen, though inadmissible in evidence for the owner or 3 Hag. at p. 378, and § 472 supra. (e) See 36& 37 Vict. c. 85, s.7 inf. ; TIk Westmorland, 1 W. Rob. 216 ; infra § 479. (/) By the Merchant Shipping (Wages and Eating Act) 1880 (48 & 44 Vict. c.l6), s.7, "a seaman shall not be entitled to the - rating of A.B., that is to say, of an able- 1 bodied seaman, unless he has served at sea for four years before the mast, but the em- ployment of fishermen in registered decked fishing vessels shall only count as sea service up to the period of three years of such employment ; and the rating of A.B. shall only be granted after at least one year's sea service in a trading vessel, in addition to three or more years' sea service on board of registered decked fishing vessels. Such service may be proved by cer- tificates of discharge, by a certificate of service from the Registrar General of Shipping and Seamen (which certificate the Registrar shall grant on payment of a fee not exceeding sixpence), and in which shall be specified whether the service was rendered in whole or in part in steam ship or in sailing ship, or by other satisfactory proof. Nothing in this section shall affect a seamen who has been rated and has served as A.B. before the passing of this Act." (g) As to punishment by "disrating" and reduction of wages, see The Highland Chief, (1892) P. 76 ; § 487 infra. i 472-482.— ENGAGEMENT OF SEAMEN : AGREEMENT WITH CREW. 539 Penalty for shipping sea- men without the position of the ship's decks which is above that centre. No superintendent shall proceed with the engagement of the crew until this entry is made.(A)] And every such agreement shall be so framed as to admit of stipula- tions, to be adopted at the wUl of the master and seaman in each case, as to advance and allotment of wages, (*) and may contain any other stipulations which are not contrary to law -.{k) Provided that if the Proviso as to master of any ship belonging to any British Possession has an agreement forma for with his crew made in due form according to the law of the possession Colonial ships. to which such ship belongs or in which her crew were engaged, and engages single seamen in the United Kingdom, such seamen may sign the agreement so made, and it shall not be necessary for them to sign an agreement in the form sanctioned by the Board of Trade. (Z) The Merchant Shipping Act, 1873,(m) contains the following section : — 7. Any agreement with a seaman made under section one hundred and forty-nine of the Merchant Shipping Act, 1854, may, instead of stating the nature and duration of the intended voyage or engagement as by that section required, state the maximum period of the voyage or engagement, and the places or parts of the world (if any) to which the voyage or engagement is not to extend. And by the Merchant Shipping Act, 1854 : 157. If in any case a master carries any seaman to sea without enter- ing into an agreement with him in the form and manner and at the place and time hereby in such case required, the master(w) in the case of a foreign-going ship, and the master or owner in the case of a home trade ^S™^™^!^* ship, shall for each such offence incur a penalty not exceeding five pounds. § 475. With respect to foreign-going ships, the Merchant Shipping Act, 1854, proceeds : — 150. In the case of all foreign-going ships,(o) in whatever part of (A) 39 & 40 Vict. 0. 80, s. 26 (3), (5) ; § 111 supra. (i) See as to allotment, 17 & 18 Viot. c. 104, S3. 168, 169 ; and 43 & 44 Vict. c. 16. s. 3 ; as to advances and advance notes, 8 Geo. 1, c. 24, s. 7 ; 52 & 53 Vict. c. 46, s. 2 ; §§ 483, 484 infra. (k) An equitable arrangement for the apportionment of salvage is not contrary to law, notwithstanding s. 182 infra §494 ; The Wilhelm Tell, (1892) P. 337, a de- cision on the corresponding section of the Merchant Shipping (Fishing Boats) Act, 46 & 47 Vict. c. 41, s. 13. As to what stipulations are ambiguous and contrary to the policy of the statute, 17 & 18 Vict. o. 104, see Frazer v. Hatton, 2 C. B. N. S. 512, a decision on corresponding section of 13 & 14 Vict. 0. 93. Prior to that Act effect was given to a clause, then usual in the Baltic trade, that should the ship winter abroad on account of the ice, the officers and men should accept half wages during the detention: The Hoghton, 3 Hagg. 100. (l) An agreement in writing is not a condition precedent to the seamen's right to and lien for wages for services actu- ally rendered, at any rate in a cape where the contemplated voyage is never under- taken : re Great Eastern 8.8. Co., 53 L. T. 594. (m) 36 & 37 Vict. c. 85. (ra) " The skipper," in case of a fishing boat, 46 & 47 Vict.c. 41, s._20. (o) Similar provisions, with respect to fishing boats, are contained in 46 & 47 Vict. c. 41, s. 14, which differs from the text only in the following particulars : (1) The presence of a Marine Office super- intendent is in no case required at the signing of the agreement. (2) The duties described in sub.-s. 2 are imposed upon the skipper, who is (3) to send one part of the agreement to the Marine Office superintendent at the port of departure. (4) Sub.-s. 4 only apphes where the services are lost " after the fishing boat's putting to sea," and the skipper is to attest the signatures of the substitutes. The use of the words " before the fishing boat puts to sea, if practicable, and if not, as soon afterwards as possible," would appear to be an oversight. Manner of entering into agreements in case of fishing boats. 340 For foreign- going ships such agree- ments, when made in the United King- dom, except in special cases, to he made before and attested by a Marine Office superin- tendent(p) : To be in duplicate : Provision for substitutes. Foreign-going ships making short voyages may have running agreements. CHAP. X.— THE CREW. Her Majesty's dominions the same are registered, the following rules shall be observed with respect to agreements ; (that is to say) (1) Every agreement made in the United Kingdom (except in such cases of agreements with substitutes as are hereinafter specially provided for) shall be signed by each seaman in the presence of a [Marine Office superintendent]. (jo) (2) Such [superintendent](jB) shall cause the agreement to be read over and explained to each seaman, or otherwise ascertain that each seaman understands the same before he signs it, and shall attest each signature : (3) When the crew is first engaged the agreement shall be signed in duplicate, and one part shall be retained by the [superin- tendent], (p) and the other part shall contain a special place or form for the descriptions and signatures of substitutes or per- sons engaged subsequently to the first departure of the ship, and shall be delivered to the master : (4) In the case of substitutes engaged in the place of seamen who have duly signed the agreement, and whose services are lost within twenty-four hours of the ship's putting to sea by death, desertion, or other unforeseen cause, the engagement shall, when practicable, be made before some [superintendent] (jo) duly appointed in the manner hereinbefore specified; and whenever such last-mentioned engagement cannot be so made, the master shall, before the ship puts to sea, if practicable, and if not, as soon afterwards as possible, cause the agreement to be read over and explained to the seamen ; and the seamen shall thereupon sign the same in the presence of a witness, who shall attest their signatures. 151. In the case of foreign-going ships (g-) making voyages averaging less than six months in duration, running agreements with the crew may be made to extend over two or more voyages, so that no such agreement shall extend beyond the next following thirtieth day of June or thirty-first day of December, or the first arrival of the ship at her port of destination in the United Kingdom after such date, or the dis- charge of cargo consequent upon such arrival ; and every person enter- ing into such agreement, whether engaged upon the first commencement thereof or otherwise, shall enter into and sign the same in the manner hereby required for other foreign-going ships; and every person en- gaged thereunder, if discharged in the United Kingdom, shall be dis- charged in the manner hereby required for the discharge of seamen belonging to other foreign-going ships. 152. The master of every foreign-going ship (r) for which such a {p) 25 & 26 Vict. c. 63, s. 15. _ (g) Or fishing boats, the only difference being that in their 'case the running agreement may be for a number of weeks, 46 & 47 Vict. c. 41, s. 16. Eunning (r) Corresponding provisions with re- agreements for Bpeot to fishing boats are contamedm 46 fishing boats. & 47 Vict. u. 41, s. 17, which applies to every seaman engaged or aiscuarged at the port. The skipper is to sign the indorsement. The penalty for a false in- dorsement is £5. This sect, contains no reference to the Marine Office superin- tendent ; but sect. 19 requires the owners (or their agent, in case of all the owners, or the managing owner being at sea), under a maximum penalty of £5 for every fishing boats. Reports of crews. owner, within forty-eight hours of the boat's departure from port on any voyage, to send to the superintendent at the port a true report, in form sanctioned by the Board of Trade, and signed by an owner or the managing owner, containing the names of the skipper, seamen, and appren- tices, and such other particulars as the Board may require. And s. 21 requires the skipper of every fishing boat, before leaving any port for sea during a running agreement after the first making of it, to sign and. send to the nearest superinten- dent a full and accurate statement in foi-m sanctioned by the Board, of every change in his crew, under a maximum penalty of£5. §§ 472-482.— ENGAGEMENT OF SEAMEN : AGEEEMENT WITH CREW. running agreement as aforesaid is made shall, upon every return to any port in the United Kingdom before the final termination of the agree- ment, discharge or engage before the [Marine Office superintendent] at such port any seaman whom he is required by law so to discharge or engage, and shall upon every such return indorse on the agreement a statement (as the case may be) either that no such discharges or engage- ments have been made or are intended to be made before the ship again leaves port, or that all such discharges or engagements have been duly made as hereinbefore required, and shall deliver the agreement so indorsed to the superintendent ; and any master who wilfully makes a false statement in such indorsement shall incur a penalty not exceeding twenty pounds ; and the [superuitendent](s) shall also sign an indorse- ment on the agreement to the effect that the provisions of this Act relating to such agreement have been complied with, and shall re-deliver the agreement so indorsed to the master. 153. In cases in which such running agreements are made, the dupli- cate agreement retained by the [superintendent] (s) upon the first engagement of the crew shall either be transmitted to the Registrar- General of Seamen immediately, or be kept by the [superintendent] until the expiration of the agreement, as the Board of Trade directs. 154. For the purpose of determining the fees to be paid upon the engagement and discharge of seamen belonging to foreign-gouig ships which have running agreements as aforesaid, the crew shall be con- sidered to be engaged when the agreement is first signed, and to be discharged when the agreement finally terminates, and all intermediate engagements and discharges shall be considered to be engagements and discharges of single seamen, (ss) 158. The master of every foreign-going ship of which the crew has been engaged before a [Marine Ofiice superintendent] (s) shall before finally leaving the United Kingdom sign and send to the nearest [superintendent] (s) a full and accurate statement in a form sanctioned by the Board of Trade of every change which takes place in his crew before finally leaving the United Kingdom, and in default shall for each offence incur a penalty not exceeding five pounds ; and such state- ment shall be admissible in evidence, subject to all just exceptions. § 476. With respect to home-trade ships : 155. In the case of home-trade ships, crews or single seamen may, if the master thinks fit, be engaged before a [Marine Office superinten- dent] (s) in the manner hereinbefore directed with respect to foreign- going ships ; and in every case in which the engagement is not so made, the master shall, before the ship puts to sea, if practicable, and if not, as soon afterwards as possible, cause the agreement to be read over and explained to each seaman, and the seaman shall thereupon sign the same in the presence of a witness, who shall attest his signature. 156. In cases where several home-trade ships belong to the same owner, the agreement with the seamen may, notwithstanding anything herein contained, be made by the owner instead of by the master, and the seamen may be engaged to serve in any two or more of such ships, provided that the names of the ships and the nature of the service are specified in the agreement ; but with the foregoing exception all pro- visions herein contained which relate to ordinary agreements for home- trade ships shall be applicable to agreements made in pursuance of this section. (<) («) 25 & 26 Vict. c. 63, s. 15. lete. See si^ra § 6 and note (c) thereto; («s) S. 154 appears lo be now obso- and § 473, note {bb), (t) 46 & 47 Viot. c. 41, s. 15, contains 341 Engagement and discharge of seamen in the meantime. Duplicates of running agreements, how to be dealt with. Fees to be paid on such running agreements. Changes in crew to be reported. In home-trade ships agree- ment to be entered into before a superin- tendent or other witness. Special agree- ments for home-trade ships belong- ing to same owners. 342 Owner or agent of home- trade ships may enter into time agreements ■which need not expire half-yearly. Seamen en- gaged in the colonies to be shipped before some [superin- tendent] or officer of customs. Seamen engaged in foreign ports to be shipped ■with the sanc- tion and in the presence of the consul. CHAP. X.— THE OEEW. 162. [provides] (1.) In the case of home-trade ships of more than eighty tons burthen, no agreemfint shall extend beyond the next follow- ing thirtieth day of June or thirty-first day of December, or the first arrival of the ship at her final port of destination in the United King- dom after such date, or the discharge of cargo consequent upon such arrival. This provision no longer applies to agreements vrith. individual seamen, for the Merchant Shipping Act, 1872, («) contains the following section : 16. The oivner of home-trade ships or his agent may enter into time agreements, in forms to be sanctioned by the Board of Trade, with individual seamen, to serve in any one or more ships belonging to him, which agreements need not expire on either the thirtieth day of June or the thirty-first day of December, anything in the Merchant Shipping Act to the contrary not-withstanding : provided always, that a duplicate of each agreement entered into under the provisions of the section be forwarded to the Registrar-(5reneral of Shipping within forty-eight hours after it has been entered into. § 477. The following sections of the principal Act relate to the engagement of seamen abroad : 159. Every master of a ship who, if such ship is registered in the United Kingdom, engages any seaman in any British possession, or if such ship belongs to any British possession, engages any seaman in any British possession other than that to which the ship belongs, shall, if there is at the place where such seaman is engaged any official [Marine Office superintendent], (aj) or other officer duly appointed for the purpose of shipping seamen, engage such ^eaman before such [superintendent],(a!) and if there is no such [superintendent] or officer, then before some officer of Customs ; and the same rules, qualifications, and penalties as are hereinbefore specified with respect to the engagement of seamen before [superintendents] in the United Kingdom shall apply to such en- gagements in a British possession ; and upon every such engagement such [superintendent] or officer as aforesaid shall indorse upon the agree- ment an attestation to the effect that the same has been signed in his presence, and otherwise made as hereby required ; and if in any case such attestation is not made, the burden of proving that the seaman was duly engaged as hereby required shall lie upon the master. 160. Every master of a British ship who engages any seaman at any place out of Her Majesty's dominions in which there is a British con- sular officer shall, before carrying such seaman to sea, procure the sanction of such officer, and shall engage such seaman before such officer ; and the same rules as are hereinbefore contained with respect to the engage- ment of seamen before [Marine Office superintendents] in the United Kingdom shall apply to such engagements made before consular officers ; and upon every such engagement the consular officer shall indorse upon the agreement his sanction thereof, and an attestation to the effect that the same has been signed in his presence, and otherwise made as hereby required ; and every master who engages any seaman in any place in which there is a consular officer, otherwise than is hereinbefore required, shall incur a penalty not exceeding twenty pounds ; and if in any case Agreements for fishing boats belong- ing to same owners. similar provisions with respect to fishing boats ; where there are several owners, the registered managing owner is the one who may make the agreement, which is to specify, in addition to the particulars men- tioned above, the length of the service, and the rates, periods, and method of payment, (it) 35 & 37 Vict. c. 73. f§ 472-482.— ENGAGEMENT OF SEAMEN : AGREEMENT WITH CREW. the indorsement and attestation hereby required is not made upon the agreement, the burden of proving the engagement to have been made as hereinbefore required shall lie upon the master. § 478. The production from time to time of agreements and officer's certificates is required by the same Act, as follows : 161. The following rules shall be observed with respect to the pro- duction of agreements and certificates of competency or service for foreign-going ships (that is to say) : (1) The master of every foreign-going ship shall, on signing the agreement with his crew, produce to the [superintendentj('y) before whom the same is signed the certificates of competency or service which the said master and his first and second mate or only mate, [and his engineer or engineers, if any,(a;)] as the case may be, are hereby required to possess ; and upon such production being duly made, and the agreement being duly executed as hereby required, the [superintendent] shall sign and give to the master a certificate to that effect : (2) In the case of running agreements for foreign-going ships the [superintendent] (■«) shall, before the second and every subse- quent voyage made after the first commencement of the agreement, sign and give to the master, on his complying with the provisions herein contained with respect to such agree- ments, and producing to the [superintendent] the certificate of competency or service of any first, second, or only mate [and of any certificated engineer (a;)] then first engaged by him, a certificate to that efiect : (3) The master of every foreign going ship shall, before proceeding to sea, produce the certificate so to be given to him by the [superintendent] (■«) as aforesaid to the collector or comptroller of customs, and no officer of customs shall clear any such ship outwards without such production ; and if any such ship attempts to go to sea without a clearance, any such officer may detain her until such certificate as aforesaid is produced : (4) The master of every foreign-going ship shall, within forty-eight hours after the ship's arrival at her final port of destination in the United Kingdom, or upon the discharge of the crew, whichever first happens, deliver such agreement to a [superin- tendent] at the place ; and such [superintendent] shall there- upon give to the master a certificate of such deUvery ; and no officer of customs shall clear any foreign-going ship inwards without the production of such certificate : And if the master of any foreign-going ship fails to deliver the agree- ment to a [superintendent] at the time and in the manner hereby directed, he shall for every default incur a penalty not exceeding five pounds. 162. The following rules shall be observed with respect to the pro- duction of agreements and certificates of competency or service for home trade ships (that is to say) : . ■ . + (2) (y) The master or owner of every such ship shall, within twenty- one days after the thirtieth day of June and the thirty-first day of December in every year, transmit or deUver to some [superintendent] in the United Kingdom every agreement made within the six calendar months next preceding such days respectively, and shall also in the case of home-trade pas- (») 25 & 26 Vict. c. 63, b. 15. iv) See sub.-s. (1), supra § 476. (x) Ibid. e. 10. As to what certificates are recLuired, see §§ 29 & 36 supra. 343 Rules as to production of agreements and certificates of masters, mates, and engineers of foreign-going Rules as to production of agreements and certificates for home-trade ships. tion of the voyage. 344 CHAP. X.— THE CREW. senger ships produce to the [superintendent] the certificates of competency or service which the said master, and his first or only mate, [and his first or only engineer, if any,(a;)] as the case may be, are hereby required to possess : (3) The superintendent shall thereupon give to the master or owner a certificate of such delivery and production ; and no officer of customs shall grant a clearance or transire for any such ship as last aforesaid without the production of such certificate ; and if any such ship attempts to ply or go to sea without such clearance or transire, any such officer may detain her until the said certificate is produced : And if the agreement for any home-trade ship is not delivered or trans- mitted by the master or owner to a [superintendent] at the time and in the manner hereby directed, such master or owner shall for every default incur a penalty not exceeding five pounds. Form of § 479. Forms of agreement Sanctioned by the Board of Trad© mtrthe°crew ^°^ forcign-going and home-trade ships respectively will be found in the Appendix. (2) The following paragraphs relate to the mode in which they should be filled up. The deecrip- With reference to " the nature " and " duration of the intended voyage," a seaman is entitled to know what is the voyage for which he contracts, and he is therefore entitled to have in the agreement a precise description of the voyage for which he con- tracts to serve, and if a vague and loose description is inserted by the master, the Court will give the words a reasonable and definite construction in favour of the seaman, and will not decree a for- feiture of wages already earned, if the seaman refuses to be bound by the vague, uncertain, and unreasonable parts of the description of the voyage, (a) But, although a clear and definite statement of the intended voyage, modified only by the exigencies of commerce, is indis- pensable, the agreement would not be bad for being in the alter- native, as " from Liverpool to the West Coast of Africa and back, or for a term not to exceed three years."(6) And inasmuch as the substance of the agreement is the performance of the voyage therein described, whether its duration fall short of, or exceed the time named, the voyage, if undertaken by the seamen, must be fully carried out and completed by them.(c) Such uncertain, indefinite, and unlimited descriptions as these — "or elsewhere "(c?) — or " to any port or ports in Europe" — and the like, are unreasonable and incapable of being enforced against the seamen, except in a very restricted sense. Where, for example, the voyage was described in the agreement as "to Van Diemen's Land, viti. Cork and elsewhere and back to London," and (a) See Appendix, No. 7. (6) Frazer v. Eatton, 2 C. B. N. S. (a) The Minerva, 1 Hagg. 347 ; Tlie 512. Countess of Barmwrt, 1 Hagg. 248 ; The (c) The American Union, 5 (Irish) Qeorge Home, 1 Hagg. 370 ; The West- Jurist, N. S. 380 ; Pritchard, 3rd ed., morland, 1 W. Eob. 216. 2140. id) The Minerva, 1 Hagg. at p. 361. §§ 472-482.— ENGAGEMENT OF SEAMEN : AGREEMENT WITH CREW. 345 the ship, after sailing to Sydney, and thence to Batavia, had The agree- arrived in the Downs, when the sailors refused to sro with her to S°"* .°^,?''^''-„ ' . ° iJesoription or Holland ; Lord Stowell, saying that the seamen were entitled the voyage. to know the covenants that bind them, refused to decree a forfeiture of their wages, (e) A like decision was arrived at in The Minerva,{f) where the voyage was described as " to New South Wales and India or elsewhere, and to return to a port in Europe ; " and Lord Stowell said the words " or elsewhere," were no description of a voyage, and must receive a reasonable construction and limitation, and could not be admitted as a universal alibi for the whole world. In The Westmorland, (g) the voyage was described " from the port of London to Swan Eiver, West Australia, from thence to any port or place in the India or China seas, and during her stay and trade there, until her return to a port of discharge in Great Britain or continent of Europe (in either case the voyage to end in Great Britain), and term of time not to exceed three years," and the ship had arrived at Cowes on her return, when the crew refused to proceed to Holland. Dr. Lushington said that the words " nature of the voyage " in the statute (h) then in force were intended to secure to the seaman a fair intimation of the service in which he was about to engage himself, and that the terms used gave him no such intimation ; and decided in favour of the claim for wages. An alteration in the description of the voyage made after the Effect of crew have signed the agreement, and without their consent, is, of °^^^s<^ "f . . • i< 1 voyage atter course, not binding on them,(i) and a voluntary alteration of the agreement. risks involved, exposing the crew to perils other than such as are incidental to a voyage for ordinary commercial purposes, is a breach of the agreement, entitling the seamen to abandon the service, and sue for the loss of wages involved in doing so. In Burton v. Pinkerton Qc) the plaintiff, a seaman, had agreed to serve for twelve months, on a voyage from London to Eio, and other ports. The vessel carried a cargo of coal and ammunition, with which, from time to time, she supplied two Peruvian war ships in whose company she sailed. At Eio, war having broken out between Spain and Peru, the master (the defendant) announced his intention, under direction of the captains of the war ships, to proceed to Oallao, another Peruvian port. The plaintiff objected to proceed further on the voyage on the ground that it was illegal, and involved greater danger than he anticipated when he («) The Countess ofHarcoiurt, 1 Hagg. (h) 5 & 6 W. 4, >;. 19, s. 2. 248. (i) The Eliza, 1 Hagg. 182 ; and (/) 1 Hagg. 347, 361 ; and see The see 17 & 18 Vict. c. 1C4, us. 163, 164, Qeorge Home, 1 Hagg. 370. infra § 481. {g) 1 W. Bob. 216. {k) L. E. 2 Ex. 340. 346 CHAP. X.— THE CREW. entered into his agreement with the defendant, and left the ship. He afterwards brought an action for breach of contract, and it was held that the defendant must be taken to have engaged the plaintiff for an ordinary voyage, and that the plaintiff was entitled to treat as a breach of contract his employment by the defendant on a voyage which would expose him to greater danger than he had originally reason to anticipate, and to recover damages for the wages lost in consequence of the breach, and for the incon- venience naturally flowing therefrom. It appears that had he remained by the ship he would have been entitled in addition to his wages to damages for any hardships suffered by reason of the breach of contract. (Z) List of seamen. § 480. By the number and description of the crew, the seamen are enabled to judge whether the ship is sufficiently manned, or whether any undue amount of labour will be imposed upon them owing to the want of sufficient hands. By fixing the time at which the seaman is to be on board, or to begin work, the agreement ascertains the period from which his right to wages commences. But if he actually commences work before such specified time, his right to wages commences at the time when he so commences work.(m) It is equally important for owners, masters, and seamen, that "the amount of wages which each seaman is to receive" should be ascertained beyond all question. The seaman, therefore, undertakes for a specific amount or rate of wages, to navigate the ship, in a capacity, during the voyage, and on the terms respectively specified, in the agreement ; and, as we shall see,(ii) he cannot enforce any subsequent stipulation for increased pay for performing the duties appertaining to that capacity, nor claim any such increased pay by any usage or custom. It would be wholly subversive of good discipline in the most critical moments of the voyage, to allow the possibility of such a claim. § 481. The Merchant Shipping Act, 1854,(o) contains the following further provisions with regard to the seamen's agree- ment : Altei-ations to 163. Every erasure, interlineation or alteration in any such agree- be void unless ment with seamen as is required by the third part of this Act (except attested to additions so made as hereinbefore directed for shipping substitutes, or made witht'ne persons engaged subsequently to the first departure of the ship), shall consent of all be whoUy inoperative, unless proved to have been made with the consent parties. of all the persons interested in such erasure, interlineation, or altera- tioii,(p) by the written attestation (if made in Her Majesty's dominions) Date of com- mencement of voyage. Rate of wages. (Z) Tlie Jusiitia, 12 P. D. 145. (m) 17 & 18 Vict. c. 104, s. 181. (re) Infra, § 506. (o) 17 & 18 Vict, c, 104. (p) As to fishing boats, 46 & 47 Vict. u. 41, s. 32, which stops at the word alteration, is almost identical with the first part of s. 163 of the principal Act. S. 23 §§ 472-482.— ENGAaEMENT OF SEAMEN : AGBEEMENT WITH CREW. of some [Marine Office superintendent], (g') justice, officer of customs, or other public functionary, or (if made out of Her Majesty's dominions) of a British consular officer, or, where there is no such officer, of two respectable British merchants. 164. Every person who fraudulently alters, assists in fraudulently altering, or procures to be fraudulently altered, or makes, or assists in making, or procures to be made, any false entry in, or delivers, assists in delivering, or procures to be delivered, a false copy of any agreement, shall for each such offence be deemed guilty of a misdemeanor.(^) 165. Any seaman may bring forward evidence to prove the contents of any agreement or otherwise to support his case, without producing or giving notice to produce the agreement or any copy thereof. 166. The master shall at the commencement of every voyage or engagement cause a legible copy of the agreement (omitting the signa- tures) to be placed or posted up in such part of the ship as to be acces- sible to the crew, and in default shall for each offence incur a penalty not exceeding five pounds, (r) Power to rescind the agreement in certain cases is conferred by the Merchant Shipping (Wages and Rating) Act, 1880,(s) as follows : 8. Where a proceeding is instituted in or before any court in relation to any dispute between an owner or master of a ship and a seaman or apprentice to the sea service, arising out of or incidental to their rela- tion as such, or is instituted for the purpose of this section, the court, if, having regard to all the circumstances of the case, they think it just so to do, may rescind any contract between the owner or master and the seaman or apprentice, or any contract of apprenticeship, upon such terms as the court may think just, and this power shall be in addition to any other jurisdiction which the court can exercise independeiitly of this section. For the purposes of this section the term " court " includes any magistrate or justice having jurisdiction in the matter to which the proceeding relates. § 482. As to agreements with Lascars, the Merchant Shipping Act, 1854, provides : 544. It shall be lawful for any master or owner of a ship, or his agent, to enter into contracts with Lascars or natives of India, (i) binding them to proceed to any port or ports in Australian colonies either as seamen or as passengers, and there to engage themselves as seamen in any ship which may happen to be there and to be bound to the United Kingdom or to any other part of Her Majesty's dominions ; provided that every such contract shall be in such form, and shall con- tain such provisions, and shall be executed in such manner, and under such conditions for securing the return of such Lascars or natives to their own country, and for other purposes, as the Governor-General of India in Council, or the governors of the respective Presidencies in which the contract is made, in Council, may direct ; and if any Lascar 347 Penalty for falsifying agreement. Seamen not to be bound to produce agreement. Copy of agree- ment to be made access- ible to crew. Power of court to rescind contract be- tween owner or master and seaman or apprentice. Contracts may be made with natives in India, under certain condi- tions, binding them to go to Australia, and thence to serve in other ships to the United Kingdom. of the former act imposes a maximum penalty of £20 on skippers who are guilty of offences of the character described in e. 164 of the latter. (2) 25 & 26 Vict. c. 63, s. 15. (r) As to the necessity for producing the agreement to the chief officer of Customs, or the British Consular ofBcer (as the case may be) on arrival at a, port abroad, see 17 & 18 Vict. c. 104, s. 379 ; swpra § 225. (s) 43 & 44 Vict. c. 16. {t) 21 & 22 Vict. c. 106, ss. 1, 64. 348 CHAP. X.— THE OEBW. or other person who has bound himself by any such contra;Ct is, on arriving in any of the said colonies, required to enter into an agreement to serve as a seaman in any ship bound for the United Kingdom or to any other part of Her Majesty's dominions, and if it is certified by some officer appointed for that purpose by the governor of the said colony that such agreement is a proper agreement in all respects for such Lascar or other person to enter into, and is in accordance with the original contract, and that the ship to which such agreement relates is a proper ship for such Lascar or other person to serve in, and is properly supplied with provisions, and that there is not in the opinion of such officer any objection to the full performance of the said con- tract, such Lascar or other person shall be bound to enter into the said agreement, and to serve as a seaman in the ship to which it relates, and shall thereupon be deemed to be for all purposes one of the crew of the ship ; and if he refuses to enter into such agreement he shall, not- withstanding such refusal, be liable to the same consequences, and be dealt with in all respects in the same manner, as if he had voluntarily entered into the same ; and for every Lascar or other person in respect of whom such certificate is applied for the person applying for the same shall pay to such officer as aforesaid such fee as the governor of the colony may appoint. The Merchant Shipping Act Amendment Act, 1855,(m) permits, in almost identical terms, the engagement of Lascars and natives of India under agreements binding them to proceed to ports in the United Kingdom, and there to enter into a further agreement to serve in any ship which may happen to be there, and to be bound to any port in India. The certifying officer is appointed, and his fee, which in this case may not exceed ten shillings, fixed, by the Secretary of State for India in Council.(a;) Provision has been made for the protection and relief of destitute Lascars and other " native " seamen found in the United Kingdom. The enactments relating to this subject are referred to helow.(i/) Advance of more than half wages forbidden. Advance arid Allotment of Wages. § 483. The advance of wages to seamen has long been the subject of legislation, and an enactment (r) is still unrepealed whereby masters and owners are forbidden (under penalty of forfeiting to the informer double the amount advanced) to make to any seaman, while beyond the seas, any advance exceeding one moiety of the wages due at the time of making it, until the return of the ship to the United Kingdom, or the place to which she belongs. The reason for this provision is stated in the recital to be the prevention of desertion or piracy. Later legislation on this subject has been dictated by a desire to protect seamen from imposition and their own improvidence. (m) 18 & 19 Vict. t. 91, B. 23. {x) 22 & 23 Vict. c. 106, ss. 1, 64. [y) Infra, § 491. (r) 8 (Jeo. IV. c. 24, u. 7. §§ 483, 484.— ADVANCE AND ALLOTMENT OF WAGES. 349 By a recent statute,(s) advance notes authorising the payment of money conditionally upon the seaman's going to sea, were made illegal. This statute has, however, been repealed, and by the Merchant Shipping Act, 1889,(i!) such notes are authorised, subject to certain restrictions, as follows : 2. — (1) Any agreement with a seaman made under section one hun- Restrictions oa dred and forty-nine of the Merchant Shipping Act, 1854, may contain advance notes. a stipulation for payment to or on behalf of the seaman, conditionally on his going to sea in pursuance of the agreement, of a sum not exceed- ing the amount of one month's wages payable to the seaman under the agreement. (2) Save as authorised by this section, any agreement by or on behalf of the employer of a seaman for the payment of money to or on behalf of the seaman conditionally on his going to sea from any port in the United Kingdom shall be void, and no money paid in satisfaction or in respect of any such agreement shall be deducted from the seaman's wages, and no person shall have any right of action, suit, or set-off against the seaman or his assignee in respect of any money so paid or purporting to have been so paid. (3) Nothing in this section shall affect any allotment made under the Merchant Shipping Act, 1854, or the Acts amending the same. An advance note is not a negotiable instrument upon which a Advance note transferee can sue in his own name.(M) °° °®^° ''^ ^' § 484. The allotment of seamen's wages during their absence is the subject of the following sections of the principal Act •.(x) 168. All stipulations for the allotment of any part of the wages of a Regulations as seaman during his absence which are made at the commencement of the to allotment voyage shall be inserted in the agreement, and shall state the amounts notes. and times of the payments to be made ; and all allotment notes shall be in forms sanctioned by the Board of Trade. 169. The wife, or the father or mother, or the grandfather or grand- Allotment mother, or any child or grandchild, or any brother or sister of any sea- notes may be man in whose favour an allotment note of part of the wages of such sued on sum- seaman is made, may, unless the seaman is shown in manner hereinafter "^tain persons anentioned to have forfeited or ceased to be entitled to the wages out of and under which the allotment is to be paid, and subject, as to the wife, to the certain con- provision hereinafter contained, sue for and recover the sums allotted ditions. by the note when and as the same are made payable, with costs, from the owner or any agent who has authorised the drawing of the note,(2/) either in the County Court or in the summary manner in which seamen are by this Act (z) enabled to sue for and recover wages not exceeding fifty pounds ; and in any such proceeding it shall be sufficient for the claimant to prove that he or she is the person mentioned in the note, and that the note was given by the owner, or by the master, or some other authorised agent ; and the seaman shall be presumed to be duly earning his wages, unless the contrary is shown to the satisfaction of the court, either by the official statement of the change in the crew (s) 43 & 44 Vict. 0. 16, s. 2. under time charter is not liable on a note (i) 52 & 53 Vict. c. 46. drawn by the master upon the charterer lu) Cardiff Boarding Masters, &c., v. who appointed him ; Meiklereid v. West, Cory, 9 T. L. R. 405. 1 Q- B. D. 428. (x) 17 & 18 Vict. c. 104. _ (») S. 188 ; infra § 516. (y) The registered owner of a ship 350 Amendment of 17 & 18 Vict. c. 104, s. 169, as to allotment notes. Allotment may be in favour of savings bank. Payment out of savings bank. Discharge by the master. CHAP. X.— THE CREW. caused by his absence made and signed by the master, as by this Act (a) is required, or by a duly certified copy of some entry in the official log- book to the effect that he has left the ship, or by a credible letter from the master of the ship to the same efiect, or by such other evidence, of whatever description, as the court in its absolute discretion considers sufficient to show satisfactorily that the seaman has ceased to be entitled to the wages out of which'the allotment is to be paid : provided that the wife of any seaman who deserts her children, or so misconducts herself as to be undeserving of support from her husband, shall thereupon forfeit all right to further payments of any allotment of his wages which has been made in her favour. The provisions of the foregoing section are extended by the Merchant Shipping (Wages and Eating) Act, 1880,(6) as follows : 3. — (1) Every agreement with a seaman which is required by the Merchant Shipping Act, 1854, to be made in the form sanctioned by the Board of Trade shall, if the seaman so require, stipulate for the allot- ment of any part not exceeding one half of the wages of the seaman in favour of one or more of the persons mentioned in section one hundred and sixty-nine of the Merchant Shipping Act, 1854, as amended by this section. (2) The allotment may also be made in favour of a savings bank, and in that case shall be in favour of such persons and carried into eflfect in such manner as may be for the time being directed by regulations of the Board of Trade, and section one hundred and sixty-nine of the Merchant Shipping Act, 1854, shall be construed as if the said persons were named therein. (3) The sum received in pursuance of such allotment by a savings bank shall be paid out only on an application made through a superin- tendent of a mercantile marine office or the Board of Trade, by the seaman himself, or, in case of death, by some person to whom the same might be paid under section one hundred and ninety-nine (o) of the Merchant Shipping Act, 1854. (4) A payment under an allotment note shall begin at the expiration of one month, or, if the allotment is in favour of a savings bank, of three months, from the date of the agreement, or at such later date as may be fixed by the agreement, and shall be paid at the expiration of every subsequent month, or of such other periods as may be fixed by the agreement, and shall be paid only in respect of wages earned before the date of payment. (5) For the purposes of this section " savings bank " means a savings bank established under one of the Acts mentioned in the First Schedule to this Act.(cZ) Bischarge and Payment of Wages.{e) § 485. In considering when he is entitled to discharge a sea- man, the master must always bear in mind the terms of the agree- (a) S. 158 ; supra § 475. (b) 43 & 44 Vict. c. 16. (c) Infra § 520. (d) Viz., 24 & 25 Vict. o. 14 ; 26 & 27 Vict, c 87 ; 17 & 18 Vict. c. 104, s. 180 ; 19 & 20 Vict. u. 41 ; and see infra §§ 492, 493. (e) By 17 & 18 Vict. o. 104, s. 109 ; " So much of the third part of this Act " [the part entitled "Masters and Seamen "] " as relates to rights to wages and reme- dies for the recovery thereof; to the shipping and discharge of seamen in foreign ports ; to leaving seamen abroad, and to the relief of seamen in distress in foreign ports ; to the provisions, health, and accommodation of seamen ; to the power of seamen to make complaints ; to the protection of seamen from imposition ; to discipline ; to naval courts on the high §§ 485-487.— DISCHABGE AND PAYMENT OF WAGES. 35 j ment (/) by whioh he has contracted to employ the seaman ; and also the requirements (g) of the Merchant Shipping Acts, whiph render the master liable to severe penalties if he discharges the seaman either at home or abroad without complying with their provisions. Bearing in mind the requisites of the statutes, the master has For habitual the right to discharge a seaman for just cause, and put him misconduct. ashore in a foreign country ; but the cause must be, not slight, but aggravated, such as habitual inattention to the ordinary duties of his station, habitual disobedience, mutinous conduct, theft, or habitual and not mere occasional drunkenness ; or any misconduct which renders the discharge imperatively necessary for the safety of the ship and the preservation of necessary discipline. (/^) But the master and owner are liable to compensate any seaman who Ls discharged without just cause, (i) If a master chose to turn a mariner on shore, without cause, in a foreign country, the mere refusal to go would not of itself justify an improper discharge. The propriety of the refusal in such a case must depend entirely on the propriety of the order, and that must depend almost entirely upon its necessity, for little less than absolute necessity is re- quired to bear out such an order. (A) § 486. On the wreck of a ship, the seamen's contract of service On shipwreclc is terminated, either by the final abandonment of the ship, without hope of recovery ; or by the master giving the seamen a discharge, after they have done all that was reasonably possible in trying to save ship and cargo. In either of these cases, the voyage con- tracted for is at an end. And even if the master, in discharging the seamen, is improperly disregarding the interests of the owners, the discharge is nevertheless valid as against them, unless the seamen are proved to have fraudulently accepted it.(^) Where a casualty happens to a ship, which, though short of a total wreck, is of so serious a nature that it is doubtful whether she can be repaired at all ; or where it is clear that great delay will be necessary to put her in a state of repair, the master has aeaa and abroad ; and to crimes committed Button v. T/wmpson, L. R. 4 C. P. 343. abroad ; shall apply to all ships registered The promotion of insubordination by an in any of Her Majesty's dominions abroad, officer will justify his dismissal ; The ■when such ships are out of the jurisdio- Marina, 50 L. J., Ad. 33. There appears tion of their respective governments, and to be no difference between our law and to the owners, masters, and crews of such that of the United States in these re- ships." And see § 3, note (m), supra. spects. See 3 Kent's Comm. 261. As to the application of the Act to the en- (i) 17 & 18 Vict. c. 104, s. 167 ; mfra gagement and discharge of seamen in the §§496,498. ,„, r. . ^ United Kingdom, see § 473, note (y) {h) Per Sir W. Scott, The Bxeter,2G. supra. Eob. 272. Wrongfully to force him on ( f) Supra § 474 ei sea. shore is a misdemeanour, 17 & 18 Viot. c. ((/) Set out infra § 487. 104, s. 206 ; infra § 489. ■7") The Exeter, 2 0. Rob. 261 ; The (l) The Warrior, Lush. 476 ,• and bee Blake, 1 W. Rob. 73 ; Benno v. Bennett, 17 & 18 Vict. c. 104, s. 185 ; mfra 3 Q. B. 768; per Montague Smith, J., §497. 352 CapturB dis- charges the seamen. Unfitness of seaman to proceed. Discharge from foreign- going ships to be made be- fore shipping master. Master to de- liver account of wages. CHAP. X.— THE CREW. an implied authority to abandon the voyage and discharge the crew. If the ship is captured by an enemy, the crew are discharged from their duty to their employers, from the moment the capture is effected ; and the contract is at an end.(m) The service of a seaman may also be terminated, before the period contemplated by the agreement, by reason of his being left on shore at any place abroad, under a certificate of his un- fitness or inability to proceed on the voyage. (?i) § 487. The Merchant Shipping Act, 1854,(o) provides as follows with reference to the discharge of seamen : 170. In the case of all British foreign-going ships, in whatever part of Her Majesty's dominions the same are registeired, all seamen dis- charged in the United Kingdom shall be discharged and receive their wages in the presence of a [Marine Office superintendent](oo) duly ap- pointed under this Act, except in cases where some competent court otherwise directs ; and any master or owner of any such ship who dis- charges any seaman belonging thereto, or, except as aforesaid, pays his wages within the United Kingdom in any other manner, shall incur a penalty not exceeding ten pounds ; and in the case of home-trade ships seamen may, if the owner or master so desires, be discharged and receive their wages in like manner. 171. Every master shall, not less than twenty-four hours before pay- ing off or discharging any seaman, deliver to him, or, if he is to be dis- charged before a [Marine Office superintendent], to such [superintendent or to the seaman himself at or before the time when he leaves the ship],(p) a full and true account in a form sanctioned by the Board of Trade of his wages and of all deductions (g) to be made therefrom on any account whatever, and in default shall for each offence incur a penalty not exceeding five pounds ; and no deduction from the wages of any seaman (except in respect of any matter happening after such delivery) shall be allowed unless it is included in the account so de- livered ;(r) and the master shall during the voyage enter the various matters in respect of which such deductions are made, with the amounts of the respective deductions, as they occur in a book to be kept for that purpose, and shall, if required, produce such book at the time of the (m) Per Lord Stowell, The Governor Baffles, 2 Dods. at p. 17. (n) 17 & 18 Vict. c. 184, ss. 185, 205, 207, 209 ; infra §§ 489, 497. (o) 17 & 18 Vict. c. 104. (oo) 25& 26 Vict. c. 63, a. 15. (p) The words following the word super- intendent in this extract express the effect of 43 & 44 Vict. c. 16, s. 4 (2). _ (2) The Board of Trade form " divides these deductions into two heads, forfeitures, and other deductions. Forfeitures point to such matters as are referred to in s. 243 (§ 508 infra) of the Act. Deductions point to such matters as sums deducted for families under o. 192 (§ 518 inf.), or sums deducted for medical expenses under s. 228 (4) (§ 526 inf.), and other matters of that kind." The word "deduction" does not include a " reduction " of wages, consequent upon disrating bv way of punishment for misconduct. The Higli- land Chief, (1892) P. 76 ; see per Jeune, J., at p. 79. (r) The corresponding section of the Account o Merchant Shipping (Fishing Boats) Act, ^aees iu 1883 (46 & 47 Vict. c. 41, b. 24), stops at case of the word " delivered." The account is to fishing be delivered to the seaman (who need not Vioats. be discharged before a superintendent) only if he does not give notice that he does not require it, and where he is not paid by a " share in the catch." In the latter cases he is entitled (s. 25), in case of dispute, to inspect the ownere, accounts and books. For refusal to sub- mit them upon demand made at a reason- able time, the owner incurs a maximum penalty of £20. §§ 485-487.— DISCHARGE AND PAYMENT OF WAGES. payment of wages, and also upon the hearing before any competent authority of any complaint or question relating to such payments. 172. XJpon the discharge of any seaman, or upon payment of his wages, the master shall sign and give him a certificate of his discharge, in a form sanctioned by the Board of Trade, specifying the period of his service and the time and place of his discharge ; and if any master fails (s) to sign and give to any suph seaman such certificate of discharge, he shall for each such offence incur a penalty not exceeding ten pounds -At) and the master shall also, upon the discharge of every certificated mate whose certificate of competency or service has been delivered to and retained by him, return such certificate, and shall in default incur a penalty not exceeding twenty pounds. 173. Every [Marine Office superintendent] shall hear and decide any question whatever between a master or owner and any of his crew which both parties agree in writing to submit to him ; and every award so made by him shall be binding on both parties, and shall in any legal proceeding which may be taken in the matter before any court of jus- tice be deemed to be conclusive as to the rights of the parties ; and no such submission or award shall require a stamp ; and any document purporting to be such submission or award shall he primd facie evidence thereof. This provision has been extended by s. 4 (5) of the Merchant Shipping (Wages and Eating) Act, 1880,(m) as follows: Where a question as to wages is raised before the superintendent of a mercantile marine office between the master or owner of a ship, and a seaman or apprentice, if the amount in question does not exceed five pounds, the superintendent may adjudicate, and the decision of the superintendent in the matter shall be final ; but if the superintendent is of opinion that the question is one which ought to be decided by a court of law he may refuse to decide it. The principal Act proceeds : 174. In any proceeding relating to the wages, claims, or discharge of any seaman carried on before any [Marine Office superintendent] under the provisions of this Act, such [superintendent] may call upon the owner or his agent, or upon the master or any mate or other member of the crew, to produce any logbooks, papers, or other documents in their respective possession or power relating to any matter in question in such proceeding, and may call before him and examine any of such persons being then at or near the place on any such matter ; and every owner, agent, master, mate, or other member of the crew who when called upon by the [superintendent] does not produce any such paper or document as aforesaid, if in his possession or power, or does not appear and give evidence, shall, unless he shows some reasonable excuse for such default, for each such offence incur a penalty not exceeding five pounds. 175. The following rules shall be observed with respect to the settle- ment of wages (x) (that is to say) : (s) No action lies for a breach of this duty, hut the penalty may be applied in compensating the seaman under b. 524 {infra § 548). (0 The Fishing Boats Act (46 & 47 Vict. c. 41, s. 26) imposes a penally of 353 On discharge, masters to give seamen certificates of discharge, and return certi- ficates of competency or service to mates. Superintend- ent may de- cide questions ■which parties refer to him. Master and others to pro- duce ship's papers to Marine Office superin- tendents, and give evidence. Settlement of wages. £5. The provision with respect to certi- ficated mates is incorporated by s. 39 of that Act. (m) 43 & 44 Vict. c. 16. (k) As to the period within which wages are to be settled, and the conse- Z 354 CHAP. X.— THE CREW. Eelease to be signed before and attested by the superin- tendent ; to be discharge ; and to be evidence. No other receipt to be a discharge. Voucher to be given to master, and to be evidence. (1) Upon the completion before a [Marine Office superintendent] of any discharge and settlement, the master or owner and each sea- man shall respectively in the presence of the [superintendent] sign in a form sanctioned by the Board of Trade a mutual release of all claims in respect of the past voyage or engage- ment, and the [superintendent] shall also sign and attest it, and shall retain and transmit it as herein directed : (2) Such release so signed and attested shall operate as a mutual discharge and settlement of all demands between the parties thereto in respect of the past voyage or engagement : (y) (3) A copy of such release certified under the hand of such super- intendent to be a true copy shall be given by him to any party thereto requiring the same ; and such copy shall be receivable in evidence upon any future question touching such claims as aforesaid, and shall have all the effect of the original of which it purports to be a copy : (4) In cases in which discharge and settlement before a [Marine Office superintendent] are herebyrequired, no payment, receipt, settlement, or discharge otherwise made shall operate or be admitted as evidence of the release or satisfaction of any claim : (5) Upon any payment being made by a master before a [Marine Office superintendent], the [superintendent] shall, if required, sign and give to such master a statement of the whole amount so paid ; and such statement shall as between the master and his employer be received as evidence that he has made the payments therein mentioned. The foregoing section has been modified by the Merchant Shipping (Wages and Rating) Act, 1880, (s) as follows : 4. (3.) If the seaman consents, the final settlement of his wages may be left to the superintendent of a mercantile marine office- under regu- lations to be made by the Board of Trade, and the receipt of the super- intendent shall in that case operate as a release by the seaman under section one hundred and seventy-five of the Merchant Shipping Act 1854. Bute as to payment of British seamen in foreign money. And with respect to the payment of seamen in foreign money the Merchant Shipping Act, 1889, contains the following section : 4. Where a seaman has agreed with the master of a British ship for payment of his wages in British sterling or any other money, any payment of, or on account of, his wages if made in any other currency than that stated in the agreement, shall, notwithstanding anything in the agreement, be made at the rate of exchange for the money stated in quences of delay, see 17 & 18 Vict. c. 104, s. 187, and 43 & 44 Vict. c. 16, ». 4 (1), (4) ; infra § 495. (y) This statutory release is conclu- sive at Common Law upon all the parties to it against any demand arising out of the same voyage or engagement ; and Equity will not relieve against it, except upon evidence that fraudulent advantage was taken of ignorance [Stoma t. Par- Tcer, 9 Beav. 385) ; or that items, im- portant enough to induce the Court to re- open the account, have been omitted through mistake {Fritt v. Olay, 6 Beav. 503). It is too late, therefore, alter this for seaman to sue on some additional claim for wages, if he has released the owner on payment of a lesser amount ; Maolaohlan, 4th ed. 230. (z) 43 & 44 Vict. 0. 16. §§ 488-491.— PROTECTION OF SEAMEN DISCHARGED ABROAD, ETC. 355 the agreement for the time being current at the place where the pay- ment is made, (a) The principal Act proceeds : — 176. Upon every discharge eifected before a [Marine Office super- Master to intendent] the master shall make and sign in a form sanctioned by the make reports Board of Trade a report of the conduct, character, and qualifications of of character, the persons discharged, or may state in a column to be left for that purpose in the said form that he declines to give any opinion upon such particulars or upon any of them ; and the [superintendent] shall trans- mit the same to the Registrar-General of Seamen, or to such other per- son as the Board of Trade directs, to be recorded, and shall, if desired so to do by any seaman, give to him or indorse on his certificate of . 104, s. 250, infra. [l) The Westmorland, 1 W. Bob. 216, 222 ; The Two Sisters, vhi sup.; and see The Pearl, 5 C. Bob. at p. 228. (m) The Bidmer, 1 Hagg. 163 ; The ■Jimiter,2 Hagg. 221. Jn) Sigard v. Roberts, 3 Esp. 71 ; The Two Sisters, 2 W. Bob. 125 ; The Agin- court, 1 Hagg. 271, 281. (o) The Westmorland, 1 W. Bob. 216, 225 ; The Ealimg Grove, 2 Hagg. 15. (p) Button V. Thompson, L. R. 4 C. P. 330. (g) The Baltic Merchant, Edw. 86, 91 ; The Pearl, 5 C. Rob. 224, 230 ; The Cambridge, 2 Hagg. 243, 246. See, however, 17 & 18 Vict. o. 104, s. 248 (3), infra, § 508. §§ 505-508.— FORFEITUBB OF WAGES. gyg in safety after three months, the seamen left without the per- mission of the master, it was held that this was not desertion. (r) The following circumstances have been held to justify the Acts not seaman in quitting his ship without leave : — The abandonment ^^""{Jon^ *° of the ship by the master sine spe recuperaTidi ;($) the violation, or intended violation, of the terms of the seamen's contract, by voluntarily deviating from the stipulated voyage ; (f) unseaworthi- ness,(u) or short-handedness, (a;) involving danger to life ; failure of the master to supply provisions ; (y) unnecessary and un- reasonable severity and cruelty on the part of the master, or con- duct on his part imperilling the personal safety of the seaman ; (z) or any illegal act on his part, rendering it necessary for the seaman to quit the ship, for desertion must be voluntary ; (a) ill- ness of the seaman. (&) We have seen that leaving the ship for the purpose of forthwith entering the navy is n»t desertion ; although a wrongful abandonment of the ship, without any declaration of such an intention, is not purged by entry within twenty-four hours into the navy.(c) § 507. An entire forfeiture of wages may be waived if the What amounts master receive the seaman back, and allow him to return to his the^forfelture. duty.(cZ) In Millar v. £randt,(e) it was provided by a ship's articles, that any of the crew, who should absent themselves from the ship without leave should forfeit their wages. After one of the crew had so absented himself, the master received him back again and allowed him to work like the others, and it was held that the forfeiture was waived, and the wages were recoverable. But if seamen have incurred a forfeiture, and in time of dis- tress the master call on those seamen to assist, this is no waiver, unless the master continue to employ them after the peril is over ; (r) Neave v. Pratt, 2 B. &P. N. E. 408. (as) Per Lord Kenyon, C.J.," 3 Bsp. at (s) The Warrior, Lush. 476 ; supra, p. 269. § 486 (b) The Test, 3 Hagg. 307, 315. («) The Eliza, 1 Hagg. 182 ; The (c) 8wpra, § 499 ; 17 & 18 Vict. v;. 104, Cambridge, 2 Hagg. 243 ; and see cases s. 214 ; The Amphitrite, 2 Hagg. 403 ; cited supra, § 479. It is otherwise where infra, § 523, and note, the deviation is necessitated by Govern- (d) Beak v. Thompson, 4 East 546, ment orders, or stress of weather ; 2 564. Such conduct would not neces- Hagg. at p. 247. sarily amount to a waiver of a partial (u) Davidson v. Todhunter, cited in forfeiture, under 17 & 18 Vict. c. 104, Hartley y.Ponsmhy, 7 E. & B. 876; s.243(2). In the United States, the master tupra § 601. may remit a forfeiture, and his pardon (a;) 'The Aramiida, 1 Spks. E. & A. restores to the seaman his right to wages, 224, 229 ; JIartley v. Ponsonby, uU sfip. The Ship Mentor, 4 Mason, 84 ; Whittmii For the statutory provisions for protecting v. Ihe Brig Commerce, 1 ret. A.a. ibU, seamen against unseaworthiness, see §§ and if after desertion a seaman oflers to 528 529 infra return to duty in a, reasonable time and (V) The Castilia, 1 Hagg. 59. See repents of the oflenoe, the master is bound th« statutory provisions, § 624, infra. to receive him back, "nless his previous U) Edward y. Trevellich, 4 E. & B. misconduct justifies his discharge. tWut- 69 ; Limland v. Stephens, 3 Esp. 269. man v. Tunison, 1 Sumner, 37d ; 6 J^ent As to the seamen's right to go ashore, for Comm. 198, 199. m, n,t 'i the purpose of making a complaint, see 17 {e) 2 Camp. 690 ; see also Tlie Test, 3 & 18 Vict. c. 104, s. 232, infra, § 631. Hagg. 307, 315. 376 CHAP. X.— THE CREW. although, if after that time the master continue them in the service of the ship, the forfeiture is waived.(/) Forfeiture for refusal to defend ship. Offences of seamen and apprentices and their punishments. Desertion. Statutory Provisions as to Forfeiture of Wages. § 508. The foregoing rules are of less consequence since the passing of the Merchant Shipping Act, 1854, which laid down a code of definite rules on the subject of forfeitures, and gave to the Court a wide discretion in dealing with them. Prior to that Act forfeiture of wages was imposed in some cases by certain isolated statutes, some of which are still unrepealed. By 22 & 23 Car. II. c. 11, sec. 6, forfeiture of wages and six months' imprisonment is imposed on seamen who refuse to fight or defend the ship when commanded to do so by the master ; and by a subsequent Act it is provided, (^) that in case any master, officer, or seaman of any merchant ship, which carries guns and arms, shall not, when attacked by any pirate, fight and endeavour to defend themselves and their ship, or shall utter any words to discourage others from defending the ship, whereby the ship is captured, he " shall lose and forfeit all and every part of the wages due to him and them respectively, to the owner and owners of the said ship or vessel, and shall not be permitted to sue for or recover the same or any part thereof .... and as a further punishment shall suflTer six months' imprisonment." By the Merchant Shipping Acts, (A.) a seaman is not, as we have seen, entitled to wages during any period of refusal to work, or of inability caused by his own default. This is not, however, strictly forfeiture, which is dealt with by the following sections of the principal Act : (i) 183 In all cases of wreck or loss of the ship, proof that any seaman or apprentice has not exerted himself to the utmost to save the ship, cargo, and stores, shall bar his claim for wages. 243.(A) Whenever any seaman who has been lawfully engaged or any apprentice to the sea service commits any of the following offences he shall be Hable to be punished summarily as follows : (that is to say) (1) For desertion (Z) he shall be liable (m) to forfeit all or any part of the clothes and effects he leaves on board, and all or any part of the if) Train t. Bennett, 3 Car. & P. 3. (g) 8 Geo. I. c. 24, o. 6. (h) 17 & 18 Vict. c. 104, ». 186 ; 80 & 31 Vict. c. 124, 8.7. _ (i) As to the application of this part of the Act see §§ 3, 485, supra, and notes. As to forfeiture for frivolous complaint provisions, see s. 222 ; infra, § 624. (/c) This section does not affect any remedy which the owner may have, by summary proceedings or otherwise, for breach of contract, but he may not be com- pensated more than once for the same damage ; 46 & 47 Vict. c. 41, o. 54 (over- • ruling Qt. Nwtliern, dec, Co. v. EdqeMl, 11 Q. B. D. 225). (I) As to what is proof of desertion, see s. 250, infra. (m) The parts of this section which authorised imprisonment for desertion and kindred offences were repealed by 43 & 44 Vict. c. 16, B. 12. For substituted pro- visions empowering the master to convey the deserter on board, see s. 10 of that Act, infra, § 544. § 508.— FORFEITUEE OF WAGES : STATUTORY PROVISIONS. wages or emoluments which he has then earned, and also, if such deser- tion takes place abroad, at the discretion of the Court, to forfeit all or any part of the wages or emoluments he may earn in any other ship in which he may be employed until his next return to the United King- dom, and to satisfy any excess of wages paid by the master or owner of the ship from which he deserts to any substitute engaged in his place at a higher rate of wages than the rate stipulated to be paid to him : (2) Jb^or neglecting or refusing, without reasonable cause, to join his ship, or to proceed to sea in his ship, or for absence without leave at any time within twenty-four hours of the ship's sailing from any port .either at the commencement or during the progress of any voyage, or for absence at any time without leave and without sufficient reason from his ship or from his duty not amounting to desertion or not treated as such by the master, he shall be liable (n) to forfeit out of his wages a sum not exceeding the amount of two days pay, and in addition for every twenty-four hours of absence either a sum not exceeding six days' pay, or any expenses which have been properly incurred in hiring a substitute : (3) For quitting the ship without leave after her arrival at her port ■of delivery and before she is placed in security, he shall be liable to forfeit out of his wages a sum not exceeding one month's pay : (o) (4) For wilful disobedience to any lawful command he shall be liable to imprisonment for any period not exceeding four weeks, with or with- out hard labour, and also, at the discretion of the Court, to forfeit out of his wages a sum not exceeding two days' pay : (5) For continued wilful disobedience to lawful commands or con- tinued wilful neglect of duty, he shall be liable to imprisonment for any period not exceeding twelve weeks, with or without hard labour, and also, at the discretion of the Court, to forfeit for every twenty-four hours' continuance of such disobedience or neglect either a sum not •exceeding six days' pay, or any expenses which have been properly incurred in hiring a substitute : (6) For assaulting any master or mate he shall be liable to impri- sonment for any period not exceeding twelve weeks, with or without hard labour : (7) For combining with any other or others of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage, he shall be liable to imprisonment for any period not exceeding twelve weeks, with or without hard labour. (8) For wilfully damaging the ship, or embezzling, or wilfully •damaging, any of her stores or cargo, he, shall be liable to forfeit out of his wages a sum equal in amount to the loss thereby sustained, and also, at the discretion of the Court, to imprisonment for any period not exceeding twelve weeks, with or without hard labour. (9) For any act of smuggling of which he is convicted, and whereby loss or damage is occasioned to the master or owner, he shall be liable to pay to such master or owner such a sum as is sufficient to reimburse the master or owner for such loss or damage ; and the whole or a pro- portionate part of his wages may be retained in satisfaction or on account of such liability, without prejudice to any further remedy. Sect. 244 requires an entry of offences enumerated in the preceding section to be made in the official log, and to be read (n) Note (to) supra. _ m ., o ro j t> ano (o) McDonald v. Jopling, 4 M. & W. 285 ; Frontme v. Frost, 3 B. & P. 302. 377 Neglecting or refusing to join, or to proceed to sea, absence within 24 liours before sailing, and absence with- out leave : Quitting without leave before ship is secured : Act of disobedience : Continued disobedience ; Assault on officers -. Combining to disobey : Wilful damage and embezzle- ment : Act of smuggling causing loss to owner. Facilities for proving desertion, so far as concerns forfeiture of 378 CHAP. X.— THE CREW. over to the o£Eender, whose answer, if any, is also to be entered. Sect. 249 deals with the production of the entry in case of desertion abroad to persons specified in s. 207, and with the certificate of desertion to be obtained from them ; and makes certified copies of the entry and certificate receivable in evidence. These sections have been set out ahove.(p) Sects. 245 and 247 will be found below. (^) The latter authorises the deduction of costs from the wages of deserters sent on board under its provisions. Sects. 246 and 248 have been repealed. The Act continues : Facilities for proving desertion, so far as concerns forfeiture of wages. Costs of procuring imprisonment may to the extent of £3 be deducted from Amount of forfeiture how to be ascer- tained when seamen con- tract for the voyage. Apph'cation of forfeitures. 250. Whenever a question arises whether the wages of any seaman or apprentice are forfeited for desertion, it shall be sufficient for the party insisting on the forfeiture to show that such seaman or apprentice was duly engaged in or that he belonged to the ship from which he is alleged to have deserted, and that he quitted such ship before the com- pletion of the voyage or engagement, or if such voyage was to terminate in the United Kingdom and the ship has not returned, that he is absent from her, and that an entry of the desertion has been duly made in the official log book; and thereupon the desertion shall, so far as relates to any forfeiture of wages or emoluments under the pro- visions hereinbefore contained, be deemed to be proved, unless the sea- man or apprentice can produce a proper certificate of discharge, or can otherwise show to the satisfaction of the Court that he had sufficient reason for leaving his ship. 251. Whenever in any proceeding relating to seamen's wages it is shown that any seaman or apprentice has, in the course of the voyage, been convicted of any offence by any competent tribunal and rightfully punished therefor by imprisonment or otherwise, the court hearing the case may direct a part of the wages due to such seaman, not exceeding three pounds, to be applied in reimbursing any costs properly incurred by the master in procuring such conviction and punishment. 252. Whenever any seaman contracts for wages by the voyage or by the run or by the share, and not by the month or other stated period of time, the amount of forfeiture to be incurred under this Act shall be taken to be an amount bearing the same proportion to the whole wages or share as a calendar month or other the period hereinbefore mentioned in fixing the amount of such forfeiture (as the case may be) bears to the whole time spent in the voyage ; and if the whole time spent in the voyage does not exceed the period for which the pay is to be forfeited, the forfeiture shall extend to the whole wages or share. 253. All clothes, effects, wages and emoluments which under the pro- visions hereinbefore contained are forfeited for desertion shall be applied in the first instance in or towards the reimbursement of the expenses occasioned by such desertion to the master or owner of the ship from which the desertion has taken place ; and may, if earned subsequently to the desertion, be recovered by such master, or by the owner or his agent, in the same manner as the deserter might have recovered the same if they had not been forfeited ; and in any legal proceeding re- lating to such wages the court may order the same to be paid (p) Supra, §§ 124, 489 and note {g). (2) Infra, §§ 543, 544. §§ 509-517.— HECOVERY OF WAGES. 379 accordingly; and subject to such reimbursement the same shall be paid into the receipt of Her Majesty's Exchequer in such manner as the Treasury may direct, and shall be carried to and form part of the Consolidated Fund of the United Kingdon ; and in all other cases of forfeiture of wages under the provisions hereinbefore contained the for- feiture shall in the absence of any specific directions to the contrary, be for the benefit of the master or owner by whom the wages are payable. 254. Any question concerning the forfeiture of or deductions from Questions of the wages of any seaman or apprentice may be determined in any pro- forfeitures may ceeding lawfully instituted with respect to such wages, notwithstanding te decided in that the offence in respect of which such question arises, though hereby ^" ^ wages. made punishable by imprisonment as well as forfeiture, has not been made the subject of any criminal proceeding. Mode of Becovering Wages and Seaman's Lien. § 509, In the Common Law courts, seamen might always pro- Seamen may ceed for their wages against the owners, who were liable upon deafest the engagement entered into by the master as their agent ;(r) owners, or or against the master who actually contracted with them.(s) ^ipand°' Indeed it seems that the master may be liable for wages earned freight. under a contract made with the seamen by the owner himself, for it has been said that it requires very strong proof to sustain a defence by the master that the crew gave exclusive credit to the owner for their wages, and that the mere fact that the owner shipped the crew in the home port, will not raise a pre- sumption to this efEect ; for that the shipping articles generally contemplate the contract to be made by and with the master, and the maritime law treats the master, from his direct relation to the crew, as incurring a personal responsibility to them for their 'wageB.(^) In the Admiralty Courts, except in the rare case when the wages were due under a " special contract," (it) the owner, the master, and the ship and freight were severally liable for them, and the seaman was entitled to select against which he would proceed.(a;) So that the seaman had a treble remedy. And this he still possesses, but no longer subject to the above exception ; for the Admiralty Court Act, 1861, conferred (2/) upon the Admiralty Court " jurisdiction over any claim by a seaman of any ship (s) for wages earned by him on board the ship, whether M § 401. {x) Per Lord Stowell, The Jack. Park (s) See, for example, Edward v. Tre- (master), 4 C. Rob. at p. 311 ; The Stephen vdlick, 4 E. & B. 59. Wright (owners), 12 Jur. 732 ; The Prince (t) Story on Agency, 299. George (ship), 3 Ha?g. 376. {u)-The Bihy Grove, 2 W. Eob. 52. {y) 24 Vict. c. 10, s. 10; as to the The Admiralty Court had jurisdiction jurisdiction of inferior courts, see mfra, § though the seamen's contract was made on 516. land. The Prince George, 3 Hagg, 376, (s) "Ship" includes "any vessel used 379. in navigation, not propelled by oars; ibid., s. 2. 380 Seamen's maritime lien for wages. To what lien extends. It follows the ship. Ranking of seamen's lien. CHAP. X.— THE CREW. .... due under a special contract, or otherwise ; " and pro- vided (a) that this jurisdiction might " be exercised either by- proceedings in rem, or by proceedings in personam." By suing in the Admiralty Court, the seamen obtained not only the security of the ship and freight, but also the advantage of being able all to join in one suit ; (6) but this distinction has disappeared since the Jurisdiction Act,(c) though the machinery of the Admiralty Division is that which is adapted to proceedings against the ship. § 510. The principal advantage to the seaman of proceeding in rem is that it enables him to enforce the security which the law gives him, his maritime lien on ship and freight.((^ The maritime lien has been sufficiently defined above, (e) It involves a right to arrest the ship and freight, and to be paid, if necessary, out of their proceeds. It extends to the whole of the ship, her sails and tackle, while she remains entire, and, in case of wreck, to every plank or part of her which survives. (/) It continues to attach to her in the hands of a bond fide purchaser without notice, so that he takes the ship subject to this right of the seamen,(5'). It takes priority of the claim of a mortgagee.(A) And it has been held that when an insured ship was lost, and the insurance money was paid to the assignees of her owner who had become bankrupt, the seamen retained their priority, and should be paid in full out of that fund.('i) We have seen that any agreement by a seaman to forfeit his lien is void. (A) The lien of the seamen has precedence of bottomry bonds, if the wages became due on or subsequent to the voyage on which the bond was given ; (I) and of the master's lien for his wages and disbursements, (m) On the other hand, it yields priority to a bottomry bond given on a voyage subsequent to that on which the wages were earned; (to) to the lien of salvors by whose exertions the seaman's security has been preserved ;(o) and to that which attaches to the ship (a) 24 Vict. 0. 10, =. 35. (6) Boss V. Walker, 2 "Wils. 264. {c) 36 & 37 Vict. c. 66. (d) The Lady Dwrham, 3 Hagg. 196, 201 ; The Mary Ann, 9 Jur. 94. (e) Supra % 14. As to the consequences of malicious arrest see The Walter D. Wallet, (1893) P. 202 ; The Collingrofoe, 10 P. 1). 158. (/) The Neptune, 1 Hagg. at p. 238 ; The Beliamce, 2 W. Rob. 119. {g) The Sydney Cove, 2 Dods. 13 ; The Batavia,2 Dods. 500 ; The Nymph, Swab. 86 ; The Bengal, Swab. 468 ; and see The Bold Buccleugh, 7 Moo. P. U. at p. 284. (/i) The Chieftain, Br. & h. 212. (i) Be Dawson, b'onb. 229. (k) 17 & 18 Vict. c. 104, s. 182 ; supra, §494. (Z) The Madonna dUd/ra, 1 Dods. 37 ; The Sydney Cove, 2 Dods. 13; The William F. Safford, Lush. 69; The Union, Lush. 128 ; The Mope, 28 L. T. N. S. 287. (m) The Salacia, Lush. 545 ; see §§ 74 et seq. supra. (n) The Hope, uhi sup.; see §'461, supra. (o) The Oustaf, Lush. 506 ; see § 747, infra. §§ 509-517.— EECOVERY OF WAGES. 38 X for damage done by colli3ion,(p) except, perhaps, in the case of Banting of a British ship, with respect to wages earned after the date of seamen's lien, the collision.(g') In the case of a foreign ship, the seaman's lien for wages earned after the collision, but not on a subsequent voyage, is postponed to the damage lien, on the principle that there is less hardship in leaving the foreign seaman to seek his remedy in personam in a foreign court than there would be in leaving the sufferer from collision to the like course ;(r) but the result might be modified if the foreign owner were shown to be bankrupt, (s) Subject to the foregoing remarks, the general rule, " the later in time, the earlier in payment," obtains, and the seaman's lien takes precedence of every maritime lien which attached before his.(^) It is also preferred to a solicitor's charge (under 23 & 24 Vict. c. 127, s. 28) on the proceeds remaining in court after payment of the award in a salvage suit which the solicitor was retained to defend ; (u) and to a claim in respect of necessary advances for towage and light dues,(a;) although the vessel would have been liable to distress and sale for the \&tter.{y) Where the ship on her arrival in port is placed in the hands of a shipwright, who repairs her, and retains possession of her in the exercise of his common law or possessory lien, somewhat different considerations apply. In such a case, the master and seamen take precedence of the shipwright for wages earned before the ship was put into his hands. But the lien of the shipwright takes precedence of all claims which were not perfected when the ship came to his yard, including the seamen's claim for wages while she was there. (2:) § 511. Inasmuch as the right to freight follows the right to Seamen's lien the ship, seamen have a maritime lien on the freight as well as °" ^ the ship, and are entitled to arrest it, and have it paid into Court to answer any deficiency in the fund arising from the sale of the ship, (a) And an absolute assignment of freight is subject to deduction for seamen's wages, and does not defeat their lien.(6) (p) The Benares, 7 N. of C. Supp. p. 1. at all events he has made the payment [q) Maclaohlan, 4th ed. 742. with the leave of the Court. Tlie Lyons, (r) The Linda Fhr, Sw. 309 ; The 57 L. T. 818 ; The Titia, 64 L. T. 148 ; Min, 8 P. D. 39, 129. cp. The Bridgwater, 37 L. T. 366. («) See per Dr. Lushington, Sw. at p. {y) 17 & 18 Vict. c. 104, s. 401 ; supra, 311. § 226. {*) See § 80, supra. Maclaohlan, 4th (z) The Gustaf, Lush. 506 ; The Im- ed. 740. • macolata Concezione, 9 P. D. 37. (u) The Livietta, 8 P. D. 209, 214. . (a) The Mary Ann, 9 Jur. 94 ; The \x) The Andalina, 12 F-DA. Neither Lady Durham, 3 Hagg. 196. In the necessaries nor towage services confer a United States, the lien of seamen for their lien. The Seinrieh Bjorn, 10 P. D. 44, wages attaches to the ship and the freight, 11 Ap. Ca. 270 ; Westrvp v. Gt. Far- and all the proceeds of both or either and tiiouth, &c., Co., 43 Ch. D. 241. Nor is a follows them into whose hands soever they material man who has advanced money may go : 2 Parsons, Sh. 60. for payment of wages entitled to priority (6) Lindsay v. Gihbs, 4 Jur, N. S. 779 ; which the seamen would have had, unless Tlie Arab, 5 Jur. N. S. 417. 382 No lien on cargo, but cargo may be attached for freight. Viaticum and fiubsistence money. Seaman does not lose lien -though ship already arrested by -other claim- ants. CHAP. X.— THE CHEW. If the ship only be in the first instance arrested by the seamen for their wages, and, it appearing that there are bottomry claims thereon, the seamen afterwards apply to have the freight arrested, the Court will be bound to grant such a motion, (c) But, as we have seen, (if) there can be no maritime lien on freight where there is none on ship in respect of the same debt. A seaman has no lien for wages on the cargo as such. So far, however, as the cargo is subject to freight, the seamen may attach it as security for the freight that may be due.(e) And it has been suggested that in cases where the owner of the ship is also the owner of the cargo, and the ship has been lost, and the cargo saved, the cargo may be arrested by the seamen in a suit for wages, for the reason that, although, technically speaking, no freight can be payable from a man to himself, yet the cargo includes in itself the value of the freight. (/) The seaman's lien on freight, and his right to arrest the cargo for the purpose of enforcing that lien, are not affected by the fact that the freight is due, under a sub-charter, to the charterers, and not to the owners of the ship.(5') § 512. The Admiralty Court early recognised the principle that a seaman who rightly quits his ship has a claim upon the owners to be restored to his home, and to be furnished with provisions until his arrival ; {h) and we have seen that now the means of subsistence and a passage home are by statute required to be furnished by the master who discharges any seaman of a British ship abroad without fault on his part.(i) In the case of foreign seamen discharged in this country, the Court will award them, in addition to their wages, subsistence money for the time between the date when they left the ship and the date when they returned to their country, or might reasonably have done &o,(k) together with their viaticum, or passage-money home,(i) unless they obtain employment as seamen in another veasel.(m) These claims are enforceable as, and take priority against the res with, claims for wages.(m) . § 513. If the ship is already under arrest at the suit of other creditors, the seamen still have a right to enter their claim and enforce their lien for wages, and even if the fund in court is insuflBcient to satisfy the claims of bondholders, who have no recourse (c) The Mary Ann, 9 Jur. 94. (d) Supra, § 78 ; Morgan v. The Castle- gate S.S Co. (1893), A. C. 38. (e) The Lady Dmrham, 3 Hagg. 196, 200 ; The Andalina, 12 P. D. 1. (f) Per Dr. Lushington, The Eiby Grove, 2 W. Bob. 59, 60. (g) The Andalina, ubi swp. {h) The Miza, 1 Hagg. at p. 186. (i) 17 & 18 Viot.c. 104, s. 205 ; mpra, §489. Qe) The Irmnacolata Concezione, 50 L. T. 539, 541. (Z) The Immacolata Concezione, vK mp. ; 9 P. D. 37 ; The San Jos4 Primeiro, 3 L. T. 513. (m) The RafaeUuccia, 37 L. T. 365. (n) The Immacolata Concezione, ubi sup. ; The Livietta, 8 P. D. 209, 214. §§ 509-517.— RECOVERY OF WAGES. 333 against the owners in person, the court has no authority to restrain seamen, who have such recourse, from proceeding against the ship, and drive them to a personal action against the owners or master.(o) We have seen that in the Chancery Division, where the ship is the property of a limited company which is being wound up, the seamen may claim in the winding-up, and will obtain the same priority against the ship and the proceeds of her sale as they would have had in a suit in rem in Admiralty, (j?) A seaman is not debarred from enforcing his lien against the Nor by first ship, even in the hands of a subsequent purchaser, by having in proceeding m the first instance sued and obtained judgment against his employer in a personal action, provided he has not been able to enforce payment. (§') But it has been said, that if an action was still pending at Common Law, the Court of Admiralty would not allow a suit to be promoted before itself to a precisely similar effect, (r) At the present day the plaintiff would probably, under such circumstances, have to submit to the transfer of his Common Law action, and its consolidation with his action in rem, and might have to pay any costs thrown away by his double proceedings, (s) Similarly, a release by a seaman of his personal claim against Nor by per- the owner does not operate as a release of the ship from his o™^ne/^^* lien.(^) But as we have seen in treating of the master, the lien -^^^^ ^,g may be lost by Idclies in enforcing it, or by the voluntary waiver lost by l&ches. of immediate payment.(M) § 514. Every person employed on board a ship as an instru- Who are ment of navigation or of transport, (ic) is entitled to the advan- ggamen's^lien. tages of the seamen's lien ; for example, a mate ; (3/) a purser ; {z) a ship's carpenter; (a) butcher, baker, and steward ;(&) a female cook and steward ;(c) or an apprentice, (c?) And this doctrine extends even to a ship's surgeon. (g) A pilot is also regarded as a seaman with the right to sue as such for his wages ; but this (0) The Arab, 5 Jur. N. S. 417 ; Mac- {x) See per Wills, J., B. v. Judge of lachlan, 4th ed. 254. A different princi- City of London Court {The Michigan), 25 pie, as we havft seen, is followed in damage Q. B. D. 339, 343. As to the master, see cases ; The Linda Flor, Sw. 309 ; supra, 17 & 18 Vict. c. 104, s. 191 ; and § 69 et § 510. seq., supra. (p) Be The Great Eastern S.S. Co., {y) B. v. Judge of City of London 53 L. T. 594 ; supra, § 499. Cov/rt, ubi sup. ; 3ook v. Moreton, 1 (q) The Bengal, Sw. 468 ; and see The Lord Raym., 397. John and Mary, Sw. 471 ; The Orient, (z) The Prince George, 3 Hagg. 376. L. E. 3 P. C. 696 ; The Sylph, L. E. 2 la) Wheeler v. Thompson, Str. 707. Ad. 24 (overrnled as to the principal (b) Be Great Eastern S.S. Co., 53 point decided, by The Vera Cruz, 10 Ap. L. T. 594. Ca. 59). (c) The Jane and Matilda, 1 Hagg. (r) Per Dr. Lushington, Sw. at p. 187. 473. {d) The Albert Crosby, Lush. 44 ; but (s) See 36 & 37 Vict. u. 66, s. 36 ; 0. the Court of Admiralty would n-it deer- e 49 rr. 3 8. the penalty for breach of the appreutice- ('«) The Chieftain, B. & L. 212. ship deed : S.C. (m) The William Money, 2 Hagg. 136, ■ (e) Mills v. Long, 1 Sayer, 136 ; Boss and oases cited supra, § 77. , v. Walker, 2 Wils. 264. But he could 384 Period of limitation on suits for Proviso for plaintiffs in respect of in- fancy, &c., in such suits. Recovery of wages in inferior courts. In a summary manner. Limitation of time in sum- mary proceed- ings. CHAP. X.— THE CEEW. right did not, prior to the Admiralty Court Act, 1861, extend to wages earned within the body of a county.(/) The seaman's lien cannot be claimed by stevedores employed in loading or dis- charging the Bhip.(^) § 515. All actions for seamen's wages must be commenced within six years after the accrual of the cause of action,(A) except in the case of plaintiffs who are at the time of the accrual of the cause of action within the age of twenty-one years, feme covert, {i) or non compos mentis, and in the case of defendants who are at the time of such accrual beyond the seas. In the former case the action may be brought within six years from the removal of the disability. In the latter case, within six years after the defend- ants return from beyond the seas.f/) § 516. In addition to the High Court, all such County Courts as have been appointed to have Admiralty jurisdiction have juris- diction over any claim for wages where the amount claimed does not exceed one hundred and fifty pounds. (A) The Merchant Shipping Act, 1854,(Z) also provides as follows for the recovery of wages before magistrates : 188. Any seaman (m) or apprentice, or any person duly authorised on his behalf, may sue in a summary manner before any two justices of the peace [or a stipendiary magistrate] (n) acting in or near to the place at which the service has terminated, or at which the seaman or appren- tice has been discharged, or at which any person upon whom the claim is made is or resides, or in Scotland either before any such justices or before the sheriff of the county within which any such place is situated, for any amount of wages due to such seaman or apprentice not exceed- ing fifty pounds over and above the costs of any proceeding for the recovery thereof, so soon as the same becomes payable ; and every order made by such justices or sheriff in the matter shall be final.(o) 525.(jb) The time for instituting summary proceedings under this Act shall be limited as follows : (that is to say)(g') not sue in the Court of Admiralty for the (») 17 & 18 Vict. c. 104, e. 519. price of medicines furnished to the crew ; (o) It seems doubtful whether the The Lord Edbcvrt, 2 Dods. at p. 105. remedygiven bythis section extends to the personal representative of a deceased sea- man. See JSollingworth v. Palmer, 4 Ex. 267, on 7 & 8 Vict. o. 112, s. 15 ; see, on the other hand, s. 196, which perhaps relates only to proceedings by the Board of Trade, and generally as to the mode of dealing with wages and effects of deceased seamen see %^ 519-522, infra. {p) 8. 189 (still unrepealed) enacts that " no suit or proceeding for the re- covery of wages under the sum of fifty pounds shall be instituted by or on behalf of any seaman or apprentice in any Court of Admiralty or Vice-Admiralty, or in the Court of Session in Scotland, or in any superior Court of record in Her Majesty's dominions, unless the owner of the ship is adjudged bankrupt or declared insol- vent, or unless the ship is under arrest or is sold by the authority of any such court as aforesaid, or unless any justices acting (/) Moss V. Wcdker, 2 Wils. 264 ; 24 Vict. 0. 10, s. 10. Pilotage dues are now recoverable summarily under 17 & 18 Vict. c. 104, s. 363 ; infra, § 578. {g) See per Lord Coleridge, C.J., 25 Q. B. D. at p. 342. (A) 4 & 5 Anne, o. 3, s. 17. (i) See, however, 45 & 46 Vict. c. 75, s. 12 (Manied Women's Property Act, 1882). (j) 4 & 5 Anne, c. 3, bs. 18, i9, amended by 19 & 20 Vict. c. 97, s. 10. See also 21 Jac. I. c. 16, o. 3. No part of the United Kingdom, the Isle of Man, the Channel Islands, or any island adjacent to any of them, is deemed to be beyond the seas : 19 & 20 Vict. c. 97. s. 12. {h) 31 & 32 Vict. c. 71, s. 3. . (Z) See § 485, note (e), supra. (m) " Seaman " does not, for this pur- pose, include a pilot ; see 17 & 18 Vict, c. 104, s. 2 ; supra, § 465. §§ 509-517.— RECOVERY OF WAGES. 3gg (3) No order for the payment of money shall he made under this Act in any summary proceeding instituted in the United Kingdom unless such proceeding is commenced within six months after the cause of complaint arises; or, if both or either of the parties happen during such time to be out of the United Kingdom, unless the same is commenced within six months after they both first happen to arrive or to be at one time within the same : (4) No order for the payment of money shall be made under this Act in any summary proceeding instituted in any British possession, unless such proceeding is commenced within six months after the cause of complaint arises ; or, if both or either of the parties to the .proceeding happen during such time not to be within the jurisdiction of any court capable of dealing with the case, unless the same is commenced within six months after they both first happen to arrive or be at one time within such jurisdiction : And no provision contained in any other Act or Acts, Ordinance or Ordinances, for limiting the time within which summary proceedings may be instituted shall afiect any summary proceeding under this Act. We have seen above that a Marine OflBce superintendent is Determination required to decide questions referred to him under agreement in Marin'^Offi^''' writing, between masters or owners and seamen, and that they superintend- may also determine questions as to wages not exceeding five *° ^' pounds. (r) § 517. The Merchant Shipping Act, 1854, places restrictions on suits for wages abroad as follows : — 190. No seaman who is engaged for a voyage or engagement which No seaman to is to terminate in the United Kingdom, shall be entitled to sue in any sue for wages court abroad for wages, unless he is discharged with such sanction as ?™"^d, except herein required, and with the written consent of the master, or proves discharge or of such ill-usage on the part of the master or by his authority as to danger to life. warrant reasonable apprehension of danger to the life of such seaman under the authority of this Act refer the ss. 5, 76, the jurisdiction of the Admi- case to be adjudged by such court, or ralty Court -was transferred to the High unless neither the owner nor master is or Court ; and by O. 65, r. 1 of the R. S. C., resides within twenty miles of the place extended by 53 & 54 Vict. o. 44, s. 5, and where the seaman or apprentice is dis- superseding prior enactments, with regard charged or put ashore." This section was to costs (see e.g., Mochett v. Clipping- the subject of judicial interpretation in dale, [1891] 2 Q. B. 293),C0Bts are " in the The Harriet, Lush. 285, and The Blake- discretion of the Court or judge." No TCey, Swab. 428. It would seem, however, doubt, however, the unreasonable institu- to be now, so far at any rate as England is tion of a suit for wages, not exceeding concerned, entirely superseded. The Ad- £50, would bb deemed a reason for exer- miralty Court Act, 1861 (24 Vict. c. 10), cising the discretion adversely to the s. 10, gave, as we have seen (sv^a claimant. S. 189 would seem to be im- § 509), to the Admiralty Court "jurisdio- pliedly repealed also in such colonies as tion over any claim by a seaman for have adopted the Colonial Courts of Ad- wages" (see 30&31 Vict. o. 114, s.33, with miralty Act, 1890 (53 & 54 Vict. _c. 27 • regard to Ireland) ; but coupled with it a see s. 3), but to be still operative in colo- proviso "that if in any such cause the nies which have not done so, see Tlie pIainti£F do not recover £50 he shall not Ferret, 8 Ap. Ca. 329. be entitled to any costs, unless the judges (g) The remainder of this section will shall certify that the cause was a fit one be found at § 549, infra. to be tried in the said court." By the (r) 17 & 18 Vict. c. 104, s. 173 ; 43 & S. C. J. Act, 1878 (36 & 37 Vict. c. 66), 44 Vict. u. 16, s. 4 (5), swpra § 487. 2 B 386 CHAP. X.— THE CEBW. if he were to remain on board ; but if any seaman on his return to the United Kingdom proves that the master or owner has been guUty of any conduct or default which but for this enactment would have entitled the seaman to sue for wages before the termination of the voyage or engagement, he shall be entitled to recover in addition to his wages such compensation not exceeding twenty pounds as the court hearing the case thinks reasonable. Belief to sea- men's families to be charge- able on a cer- tain proportion of their wages. Notice to be given to owner, and charge to be enforced on the return of the seaman. Belief to Seamen's Families out of Poor Bates. § 518. The following sections of the Merchant Shipping Act, 1854,(s) enable guardians of the poor to recover from shipowners a certain proportion of the wages of seamen whose wives or children become chargeable to the parish during their absence : 192. Whenever diu-ing the absence of any seaman on a voyage his wife, children, and step-children, or any of them, become or becomes chargeable to any union or parish in the United Kingdom, such union or parish shall be entitled to be reimbursed out of the wages of such seaman earne4 during such voyage any sums properly expended during his absence in the maintenance of his said relations, or any of them, so that such sums do not exceed the following proportions of his said wages : (that is to say) (1) If only one of such relations is chargeable, one half of such wages : (2) If two or more of such relations are chargeable, two-thirds of such wages : But if during the absence of the seaman any sums have been paid by the owner to or on behalf of any such relation as aforesaid, under an allotment note given by the seaman in his, her, or their favour, any such claim for reimbursement as aforesaid shall be limited to the excess (if any) of the proportion of the wages hereinbefore mentioned over the sum so paid. 193. For the purpose of obtaining such reimbursement as aforesaid, the guardians of the union or parish, where the relief of the poor is administered by guardians, and the overseers of the poor of any other parish in England, and the guardians or other persons having the authority of guardians in any union in Ireland, and the inspector of the poor in Scotland, may give to the owner of the ship in which the seaman is serving a notice in writing stating the proportion of the seaman's wages upon which it is intended to make the claim, and requiring the owner to retain such proportion in his hands for a period to be therein mentioned, not exceeding twenty-one days from the time of the seaman's return to his port of discharge, and also requiring such owner immediately on such return to give to such guardians, overseers, persons, or inspector notice in writing of such return ; and such owner, after receiving such notice as aforesaid, shall be bound to retain the said proportion of wages, and to give notice of the seaman's return accordingly, and shall likewise give to the seaman notice of the intended claim ; and the said guardians, overseers, persons, or inspector may upon the seaman's return apply in a summary way in England or Ireland to any two justices having jurisdiction in such union or parish as aforesaid, and in Scotland to the sheriff of the county, for an order («) 17 & 18 Vict. u. 104. §§ 519, 520.— WAGES AND EFFECTS OF DECEASED SEAMEN. for such reimbursement as aforesaid ; aud such justices or sheriflf may hear the case, and may make an order for such reimbursement to the whole extent aforesaid, or to such lesser amount as they or he may under the circumstances think fit ; and the owner shall pay to such guardians, overseers, persons, or inspector, out of the seaman's wages, the amount so ordered to be paid by way of reimbursement, and shall pay the remainder of the said wages to the seaman ; and if no such order as aforesaid is obtained within the period mentioned in the notice so to be given to the owner as aforesaid, the proportion of wages so to .be retained by him as aforesaid shall immediately on the expiration of such period, and without deduction, be payable to the seaman. 387 Wages avd Effects of Deceased Seamen.(i) § 519. The Merchant Shipping Acts contain the following 'provisions with respect to the recovery of and mode of dealing with the wages and effects of deceased seamen. By the principal Act : (m) 184. If any seaman or apprentice to whom wages are due under Seamen dying [s. 183 (x)] dies before the same are paid, they shall be paid and applied before wages in manner hereinafter specified with regard to the wages of seaman ^''^ P* • who die during a voyage. The duties of the master with respect to the wages and effects of deceased seamen are prescribed as follows : — 194. Whenever any seaman or apprentice belonging to or sent home in any British ship, whether a foreign-going ship or a home-trade ship, employed on a voyage which is to terminate in the United Kingdom, dies during such voyage, the master shall take charge of all money, clothes, and efiects which he leaves on board, and shall, if he thinks fit, cause all or any of the said clothes and effects to be sold by auction at the mast or other public auction, and shall thereupon sign an entry in the ofBcial log-book containing the following particulars ; (that is to say) (1) A statement of the amount of the money and a description of the effects so left by the deceased : (2) In case of a sale, a description of each article sold, and the sum -received for each : (3) A statement of the sum due to the deceased as wages,(y) and iihe total amount of the deductions (if any) to be made therefrom : Masters to take charge of or sell effects of deceased seamen which are on board, and enter the same and wages due in the official log. («) By 17 & 18 Vict. c. 104, s. 109, " So much of the third part of this Act as relates to the delivery and transmission ■of lists of crews, and to the wages and ■effects of deceased seamen and appren- tices, shall apply to all sea-going British ships, wherever registered, of which the crews are discharged, or whose iinal port of destination is in the United Kingdom, and to the owners, masters, and crews of .•such ships." And see s. 3, note (m) supra, (k) 17 & 18 Vict. c. 104. (x) Supra % 494k. (y) If a seaman dies in the course of Tthe voyage, it is said by Heath, J., in Beale v. Thompson (3 B. & P. at p. 427), and seems to be admitted in Armstrong v. Smith, 1 N. E. 299, that his wages would be due and payable up to the time of his death, where this is not inconsis- tent with the terms of the contract. The American decisions upon this point are said to be conflioting: Maolachlan, 4th ed. 236, 238. If the agreement is to pay him a certain sum provided he do his duty during the whole voyage, and he dies before the termination of the voyage, no wages would have accrued due. Outter v. PoweH, 6 T. E. 320 ; 2 S. L. C. 1. 388 Snch effects and wages to be paid either to consnl or to shipping master, with fall accounts. CHAP. X.— THE CREW. And shall cause such entry to be attested by a mate and by one of the- crew. Penalties for not taking charge of, remitting, or accounting for snch monies and effects. 195. In the cases provided for by the last preceding section, the following rules shall be observed : (that is to say) (1) If the ship proceeds at once to any port in the United Kingdom without touching on the way at any foreign port, the master shall within forty-eight hours after his arrival deliver any such eflfects a» aforesaid remaining unsold, and pay any money which he has taken charge of or received from such sale as aforesaid, and also the balance of wages due to the deceased, to the [Marine Office superintendent] («) at the port of destination in the United Kingdom ; (2) If the ship touches and remains for forty-eight hours at some foreign port or at some port in Her Majesty's dominions abroad before coming to any port in the United Kingdom, the master shall report the case to the British consular officer or officer of customs there, as the case may be, and shaU give to such officer any information he requLres- as to the destination of the ship and probable length of the voyage ; and such officer may thereupon, if he considers it expedient so to do, require the said effects, money, and wages to be delivered and paid to him, and shall upon such delivery and payment give to the master a receipt, and the master shall within forty-eight hours after his arrival at his port of destination in the United Kingdom produce the same to the [superintendent] there ; and such consular officer or officer of customs shall in such case indorse and certify upon the agreement with the crew such particulars with respect to such delivery and payment as the Board of TraAe requires : (3) If such officer as aforesaid does not require such payment and delivery to be made to him, the master shall take charge of the said effects, money, and wages, and shall within forty-eight hours after his arrival at his port of destination in the United Kingdom deliver and pay the same to the [superintendent] there : (4) The master shall in all cases in which any seaman or apprentice dies during the progress of a voyage or engagement give to the Board of Trade, or to such officer or [superintendent] as aforesaid, an account in such form as they respectively require of the effects, money, and wages so to be delivered and paid ; and no deductions claimed in such account shall be allowed unless verified, if there is any official log-book,, by such entry therein as hereinbefore required,(a) and also by such other vouchers (if any) as may be reasonably required by the Board of Trade, or by the officer or [superintendent] to whom the account is rendered ; (5) Upon due compliance with such of the provisions of this section as relate to Acts to be done at the port of destination in the United Kingdom, the [superintendent] shall grant to the master a certificate to that effect, and no officer of customs shall clear inwards any foreign- going ship without the production of such certificate. 196. If any master fails to take such charge of the money or other effects of a seaman or apprentice dying during a voyage, or to make such entries in respect thereof, or to procure such attestation to such entries, or to make such payment or delivery of any money, wages, or effects of any seaman or apprentice dying during a voyage, or to give such account in respect thereof as hereinbefore respectively directed, he shall be accountable for the money, wages, and effects of the seaman or apprentice to the Board of Trade, and shall pay and deliver the same^ (z) 25 & 26 Vict. c. 63, s. 15. (o) 17 & 18 "Vict. c. 104, B. 282 ; supra § 124. 389 Officers of customs and consuls to take cbarge of effects left by seamen abroad, and to remit tbe same and their wages to Board of Trade. §§ 519, 520.— WAGES AND EFFECTS OF DECEASED SEAMEN. ■accordingly ; and such master shall in addition for every such offence incur a penalty not exceeding treble the value of the money or effects not accounted for, or, if such value is not ascertained, not exceeding fifty pounds ; and if any such money, wages, or effects are not duly paid, delivered, or accounted for by the master, the owner of the ship shall pay, deliver, and account for the same, and such money and wages and the value of such effects shall be recoverable from him accordingly ; and if he fails to account for and pay the same, he shall, in addition to his liability for the said money and value, incur the same penalty which is hereinbefore mentioned as incurred by the master for the like offence ; and all money, wages, and effects of any seaman or apprentice dying during a voyage shall be recoverable in the same courts and by the same modes of proceeding by which seamen are hereby enabled to recover wages due to them. (6) 197. If any such seaman or apprentice as last aforesaid [or if any seaman or apprentice who has within the six months immediately pre- ceding his death belonged to a British ship (c)] dies abroad at any place either in or out of Her Majesty's dominions, leaving any money or effects not on board his ship, the chief officer of customs or the British consular officer at or nearest to the place, as the case may be, shall claim and take charge of such money and effects ; and such officer shall, if he thinks fit, sell all or any of such effects, or any effects of any deceased seaman or apprentice delivered to him under the provisions iereinbef ore contained ; and every such officer shall, quarterly or at such other times as the Board of Trade directs, remit to Her Majesty's paymaster-general all monies belonging to or arising from the sale of the effects of or paid as the wages of any deceased seamen or appren- tices which have come to his bands under the provisions hereinbefore contained, and shall render such accounts in respect thereof as the Board of Trade requires. By the Merchant Shipping Act, 1862 -.(d) 21. The wages of seamen or apprentices who are lost with the ship Recovery of to which they belong shall be dealt with as follows : (that is to say) (1) The Board of Trade may recover the same from the owner of the ship in the same manner in which seamen's wages are recoverable : (2) In any proceedings for the recovery of such wages, if it is shown by some official return produced out of the custody of the Registrar Oeneral of Seamen or by other evidence that the ship has twelve months or upwards before the institution of the proceeding left a port of departure, and if it is not shown that she has been heard of within twelve months after such departure, she shall be deemed to have been lost with all hands on board, either immediately after the time she was last heard of or at such later time as the Court hearing the case may think probable : (3) The production out of the custody of the Kegistrar General of Seamen or of the Board of Trade of any duplicate agreement or list of the crew made out at the time of the last departure of the ship from the United Kingdom, or of a certificate purporting to be a certificate from a consular or other public officer at any port abroad, stating that ■certain seamen or apprentices were shipped in the ship from the said wages, &c., of seamen lost with their ship. (J) This section does not, it seems, •deprive the personal representative of a deceased seaman of the right to recover from the master wages due to the seaman beyond the amount accounted for. See Armstrong v. Smith, IB. & P. 299 (decided on 37 G. 3, C. 73). (c) 25 & 26 Vict. c. 63, s. 20. {d] 25 & 26 Vict. c. 63. N. R. 390 Wages and effects of sea- men dying at home to be paid in -certain cases to Board of Trade. If less than £50 wages and property of deceased seamen, may be paid over ■without pro- bate or admi- nistration to the persons entitled. Mode of pay- ment under wills made by CHAP. X.— THE CREW. port, shall, in the absence of proof to the contrary, be sufficient proof that the seamen or apprentices therein named were on board at the time of the loss : (4) The Board of Trade shall deal with such wages in the manner in which they deal with the wages of other deceased seamen and apprentices under the principal Act. The principal Act continues : 198. Whenever any seaman or apprentice dies in the United Kingdom, and is at the time of his death entitled to claim from the m.aster or owner of any ship in which he has served any unpaid wages or effects, such master or owner shall pay and deliver or account for the same to the [Marine Office superintendent] at the port where the seaman or apprentice was discharged or was to have been discharged, or to the Board of Trade, or as it directs. § 520. With respect to the distribution of the wages and effects (e) among those entitled to receive them, the principal Act provides : 199. If the money and effects of any deceased seaman or apprentice paid, delivered, or remitted to the Board of Trade or its agents, includ- ing the monies received for any part of the said effects which have been sold either before delivery to the Board of Trade or by its direction, do not exceed in value the sum of fifty pounds, then, subject to the pro- visions hereinafter contained, and to all such deductions for expenses incurred in respect of the seaman or apprentice or of his said money and effects as the said Board thinks proper to allow, the said Board may, if it thinks fit so to do, pay and deliver the said money and effects either to any claimants who can prove themselves to the satisfaction of the said Board either to be his widow or children, or to be entitled to the effects of the deceased under his will (if any), or under the statutes for the distribution of the effects of intestates, or under any other statute, or at common law, or to be entitled to procure probate or take out letters of administration or confirmation, although no probate or letters of administration or confirmation have been taken out, and shall be thereby discharged from all further liability in respect of the money and effects so paid and delivered, or may, if it thinks fit so to do, require probate or letters of administration or confirmation to be taken out, and thereupon pay and deliver the said money and effects to the legal personal representatives of the deceased; and all claimants to whom such money or effects are so paid or delivered shall apply the same in due course of administration; and if such money and effects exceed in value the sum of fifty pounds, then, subject to the provisions hereioaf ter contained and to deduction for expenses, the Board of Trade shall pay and deliver the same to the legal personal representatives of the deceased. 200. In cases where the deceased seaman or apprentice has left a win, the Board of Trade shall have the following powers : (that is to (1) It may in its discretion refuse to pay or deliver any such wages or effects as aforesaid to any person claiming to be entitled thereto under a will made on board ship unless such wiU is in writing, and is signed or acknowledged by the testator in the presence of the master or first or only mate of the ship, and is attested by such master or mate : (e) Moneys of deceased persons in the Seamen's Sayings Banks are to be similarly dealt with ; 19 & 20 Vict. c. 41, s. 5, aupra §493. §§ 519, 520.— WAGES AND EFFECTS OF DECEASED SEAMEN. 391 (2) It may in its discretion refuse to pay or deliver any such wages or effects as aforesaid to any person not being related to the testator by blood or marriage who claims to be entitled thereto under a will made elsewhere than on board ship, unless such will is in writing, and is signed or aclsnowledged by the testator in the presence of two witnesses, one of whom is some [Marine Office superintendent] appointed under this Act, or some minister or officiating minister or curate of the place in which the same is made, or, in a place where there are no such persons, some justice of the peace, or some British consular officer, or some officer of customs, and is attested by such witnesses : Whenever any claim made under a will is rejected by the Board of Trade on account of the said will not being made and attested as herein- before required, the wages and effects of the deceased shall be dealt with as if no will had been made. 201. The following rules shall be observed with respect to creditors Provision for of deceased seamen and apprentices : (that is to say) payment of (1) No such creditor shall be entitled to claim from the Board of Just o'aims by Trade the wages or effects of any such seaman or apprentice, or any part f^^ preve'ntine thereof, by virtue of letters of administration taken out by him, or by fraudulent virtue of confirmation in Scotland as executor creditor : claims. (2) No such creditor shall be entitled by any means whatever to pay- ment of his debt out of such wages and effects, if the debt accrued more than three years before the death of the deceased, or if the demand is not made within two years after such death : (3) Subject as aforesaid, the steps to be taken for procuring payment of such debt shall be as follows (that is to say) : Every person making a demand as creditor shall deliver to the Board of Trade an account in writing in such form as it requires, subscribed with his name, stating the particulars of his demand and the place of his abode, and verified by his declaration made before a justice : (4) If before such demand is made any claim to the wages and effects of the deceased made by any person interested therein as his widow or child, or under a will or under the statutes for the distribution of the effects of intestates, or under any other statute, or at common law, has been allowed, the Board of Trade shall give notice to the creditor of the allowance of such person's claim, and the creditor shall thereupon have the same rights and remedies against such person as if he or she had received the said wages and effects as the legal personal representative of the deceased : (5) If no claim by any such person has been allowed, the Board of Trade shall proceed to investigate the creditor's account, and may for that purpose require him to prove the same, and to produce all books, accounts, vouchers, and papers relating thereto ; and if by such means the creditor duly satisfies the Board of Trade of the justice of the demand, either in the whole or in part, the same shall be allowed and paid accordingly, so far as the assets in the hands of the Board of Trade will extend for that purpose, and such payment shall discharge the Board of Trade from all further liability in respect of the money so paid ; but if such Board is not so satisfied, or if such books, accounts, vouchers, or papers as aforesaid are not produced, and no sufficient reason is assigned for not producing them, the demand shall be dis- allowed : (6) In any case whatever, the Board of Trade may delay the investiga- tion of any demand made by a creditor for the payment of his debt for one year from the time of the first delivery of the demand ; and if in the course of that time a claim to the wages and effects of the deceased 392 CHAP. X.— THE CREW. is made and substantiated as hereinbefore required by any person interested therein as a widow or child, or under a will, or under the statutes for the distribution of the eifects of intestates, or under any other statute, or at common law, the Board of Trade may pay and deliver the same to such person ; and thereupon the creditor shall have the same rights and remedies against such person as if he or she had received the same as the legal personal representative of the deceased. Mode of 202. In cases of wages or effects of deceased seamen or apprentices dealing mth received by the Board of Trade to which no claim is substantiated wages'of de- ^tWn six years after the receipt thereof by such Board, it shall be in ceased seamen. ^^^ absolute discretion of such Board, if any subsequent claim is made, either to allow or to refuse the same.(y) Dealing with unclaimed wages and effects the Merchant Ship- ping (Expenses) Act, 1882,((7) provides : 4. There shall be accounted for and paid to the Mercantile Marine Fund— (d) The moneys arising from the unclaimed wages and effects of deceased seamen,(i) except where the same are required to be paid as directed by the accountant-general of Her Majesty's navy. The principal Act continues : Ponishment 20^. Every person who, for the purpose of obtaining, either for him- faLe°repre-^ self or for another, any money or effects of any deceased seaman or sentationa in apprentice, forges, assists in forging, or procures to be forged, or order to obtain fraudulently alters, assists in fraudulently altering, or procures to be wages and fraudulently altered, any document purporting to show or assist in ceased seamen showing a right to such wages or effects, and every person who for the purpose aforesaid makes use of any such forged or altered document as aforesaid, or who for the purpose aforesaid gives or makes or procures to be given or made, or assists in giving or making or procuring to be given or made, any false evidence or representation, knowing the same to be false, shall be punishable with penal servitude for a term not exceeding four years, or with imprisonment with or without hard labour for any period not exceeding two years, or if summarily prosecuted and convicted, by imprisonment, with or without hard labour, for any period not exceeding six months. Effects of 204. In the case of seamen invalided or discharged from any of Her seamen dis- Majesty's ships, and sent home in merchant ships, any monies or effects chafed ^om belonging to them which are paid, remitted, or delivered to the Board disposed of by of Trade, or its agents, under the provisions hereinbefore contained, accountant- shall be paid over and disposed of in such manner as the accountant- general of general of Her Majesty's navy directs, navy. SeaTnen joining the Navy. Impressment. § 521. There is no doubt that the Crown still possesses, in cases of emergency, the power to impress seafaring men,(i) under its commission, for service in the Royal Navy.(Z) Certain (/) The remainder of this s. is repealed to pay under s. 202 of the principal Act, by 45 &46 Vict. c. 55, s. 10. are payable out of the fund; 45 & 46 (o) 45 & 46 Vict. c. 55. _ As to mode Vict. c. 55, s. 3 (/). of dealing with wages deposited in Sea- (le) OflScers, it seems, are not included men's Savings Banks, see 19 & 20 Vict. in this description. Per Lord Mansfield, c. 41, s. 5, mpra § 493. _ _ C.J., Cowp., at p. 519 ; OhakuxmMs Ca. (i) Claims to moneys carried to this 13 East, 550, note, fund which the Board of Trade thinks fit (i) 1 Blaokstone Comm. 420 ; ed. 1890, §§ 521-523.— SEAMEN JOINING THE NAVY. 393 statutory exemptions have been created : the more important of these relate to persons under 18 and above 55 years of age; to foreigners ; to persons who have been at sea less than two, or, in the case of apprentices, less than three years ;(m) to seamen holding certificates of service in the Navy, who are protected from service for periods of two years or one, according as they have been discharged after five years or any less period of service ; (n) and to volunteers under the Naval Volunteers Act, 1853.(o) § 522. Legislation has from time to time been passed for the Volunteering. purpose of encouraging seamen to volunteer for service in the Navy;(^) and for enabling the Admiralty to enrol volunteers for coast service, (g-) and a volunteer reserve, for service in the fleet, in time of emergency. (r) A later statute empowers the Admiralty to accept the services, under such rules as the Admiralty may establish, of masters, mates and engineers in the merchant service as oflicers of the Royal Naval Reserve. (s) § 523. For the purpose of enabling seamen to pass from the The Merchant merchant service into the Navy, without incurring a forfeiture of {054^^°^ wages, and without occasioning loss to their owners, the Merchant Shipping Act, 1854, contains the following provisions : — Volunteering into the Navy.if) 214. Any seaman may leave his ship for the purpose (m) of forthwith Seamen entering into the naval service of Her Majesty, and such leaving his p"'^®^ ™ ship shall not be deemed a desertion therefrom, and shall not render gy-g ju oj^gj, him liable to any punishment or forfeiture whatever {x) ; and all stipu- to enter the lations introduced into any agreement whereby any seaman is declared Navy, to incur any forfeiture or be exposed to any loss in case he enters into Her Majesty's naval service shall be void, and every master or owner who causes any such stipulation to be so introduced shall incur a penalty not exceeding twenty pounds. by Stephen, ii. 603. R. v. Tubhs, Cowp. 512 ; Ex parte Boggin, 13 East, 649 ; 16 & 17 Vict. c. 69, s. 7. (m) 13 Geo. II. c. 17. (m) 5&6W. IV.,0. 24,8. 2. (0) 16 & 17 Vict. c. 73, s. 8. (p) See 5&6 W. IV., c. 24, cited stjpr-a, and 16 & 17 Vict. c. 69, s. 4, entith'ng persons entering to a bounty. (q) 16 & 17 Vict. 0. 73. (r) 22 & 23 Vict. 0. 40. The Naval Artillery volunteers under 36 & 37 Vict, c. 77, were disbanded by 0. in C, Mar. 16th, 1892. («) 26 & 27 Vict. c. 69 ; 35 & 36 Vict. u. 73, s. 17. U) By 17 & 18 Vict. u. 104, 8._ 109, ^' so much of the third part of this Act 3,B relates to seamen volunteering into the Boyal Navy shall apply to all sea-going British ships, wherever registered, and to the owners, masters, and crews of such ships, wherever the same may be." And see § 3 note (m), supra. (u) A mariner, who quitted his vessel in defiance of the master, without any declaration at the time of his intention to enter the king's ship, although he did so within twenty-four hours afterwards, was held to have forfeited his wages, notwith- standing 2 Geo. III. 0. 36, s. 13. The Amphitrite, 2 Hagg. 403 ; Maclachlan, 4th ed., 241. (a;) So before the statute a seaman who was impressed was usually entitled to his wages or emoluments for the time during which he had served. Wiggins v. Ingleton, 2 Lord Eaym. 1211 ; Paul v. JEden, cited, Maclachlan, 4th ed., 241 ; Abbott, 13th ed., 780. if the seaman could show that his impressment was the result of the ma- licious act of the master, he was, it seems, entitled to his whole wages. Per Sir W. Scott, The Jach Parle, 4 C. Bob. p. 311. 394 CHAP. X.— THE CREW. Clothes to be delivered at once. Wages to be given to the Queen's officer on account of the seamen. Penalty if master fails to deliver or to pay. Eepayment to owner of advance paid and not duly earned. By deduction from naval pay. If new men are engaged instead of the original sea- men, the owner may apply for re- payment of any extra ex- pense he has been put to. 215. Whenever any seaman, without having previously committed any act amounting to and treated by the master as desertion, leaves his ship in order to enter into the naval service of Her Majesty, and is received into such service, the master shall deliver to him his clothes and effects on board such ship, and shall pay the proportionate amount of his wages down to the time of such entry, subject to all just deduc- tions, as follows : (that is to say) the master of the said ship shall pay the same to the officer authorised to receive such seaman into Her Majesty's service, either in money or by bUl drawn upon the owner and payable at sight to the order of the Accountant- General of the Navy; and the receipt of such officer shall be a discharge for the money or bUl so given ; and such bill shall be exempt from stamp duty ; and if such wages are paid in money, such money shall be credited in the muster- book of the ship to the account of the said seaman ; and if such wages are paid by bill, such bill shall be noted in the said muster-book and shall be sent to the said Accountant-General, who shall present the same or cause the same to be presented for payment, and shall credit the produce thereof to the account of the said seaman ; and such money or produce (as the case may be) shall not be paid to the said seaman until the time at which he would have been entitled to receive the same if he had remained in the service of the ship which he had so quitted as aforesaid ; and if any such bill is not duly paid when presented, the said Accountant-General or the seaman on whose behalf the same is given may sue thereon or may recover the wages due by all or any of the means by which wages due to merchant seamen are recoverable ; and if upon any seaman leaving his ship in the manner and for the purpose aforesaid, the master fails to deliver his clothes and effects, or to pay his wages as hereinbefore required, he shall, in addition to his liability to pay and deliver the same, incur a penalty not exceeding twenty pounds ; provided that no officer who receives any such bill as aforesaid shall be subject to any liability in respect thereof, except for the safe custody thereof until sent to the said Accountant-General as aforesaid. 216. If upon any seaman leaving his ship for the purpose of entering the naval service of Her Majesty, the owner or master of such ship shows to the satisfaction of the Admiralty that he has paid or properly rendered himself liable to pay an advance of wages to or on account of such seaman, and that such seaman has not at the time of quitting his ship duly earned such advance by service therein, and, in the case of such liability as aforesaid, if such owner or master actually satisfies the same, it shall be lawful for the Admiralty to pay to such owner or master so much of such advance as has not been duly earned, and to deduct the sum so paid from the wages of the seaman earned or to be earned in the naval service of Her Majesty. 217. If , in consequence of any seaman so leaving his ship without the consent of the master or owner thereof, it become necessary for the safety and proper navigation of the said ship to engage a substitute or substitutes, and if the wages or other remuneration paid to such substitute or substitutes for subsequent service exceed the wages or remuneration which would have been payable to the said seaman under his agreement for similar service, the master or owner of the said ship may apply to the registrar of the High Court of Admiralty in England for a certificate authorising the repayment of such excess ; and such application shall be in such form, and shall be accompanied by such documents, and by such statements, whether on oath or otherwise, as the judge of the said Court from time to time directs. §§ 521-528.— SEAMEN JOINING THE NAVY. 218. The said registrar shall, upon receiving any such application as aforesaid, give notice thereof in writing, and of the sum claimed, to the secretary to the Admiralty, and shall proceed to examine the said appli- cation, and may call upon the Registrar-General of Seamen to produce any papers in his possession relating thereto, and may call for further evidence ; and if the whole of the claim appears to him to be just, he shall give a certificate accordingly ; but if he considers that such claim or any part thereof is not just, he shall give notice of such his opinion in writing under his hand to the person making the said application or hLs attorney or agent ; and if within sixteen days from the giving of such notice such person does not leave or cause to be left at the office of the registrar of the said Court a written notice demanding that the said application shall be referred to the judge of the said Court, then the said registrar shall finally decide thereon, and certify accordingly ; but if such notice is left as aforesaid, then the said application shall stand referred to the said judge in his chambers, and his decision thereon shall be final, and the said registrar shall certify the same accordingly ; and the said registrar and judge respec- tively shall in every proceeding under this Act have full power to administer oaths and to exercise all the ordinary powers of the Court, as in any other proceeding within its jurisdiction ; and the said regis- trar or judge (as the case may be) may, if he thinks fit, allow for the costs of any proceeding under this Act any sum not exceeding five pounds for each seaman so quitting his ship as aforesaid ; and such sum shall be added to the sum allowed, and shall be certified by the said registrar accordingly. 219. Every certificate so given shall be sent by post or otherwise to the person making the application, his attorney or agent, and a copy thereof shall be sent to the Accountant-General of the Navy ; and such Accountant-General shall, upon delivery to him of the said original certificate, together with a receipt in writing purporting to be a receipt from the master or owner making the application, pay to the person deHvering the same out of the monies applicable to the naval service of Her Majesty, and granted by Parliament for the purpose, the amount mentioned in such certificate; and such certificate and receipt shall absolutely discharge the said Accountant-General and Her Majesty from all liability in respect of the monies so paid or of the said application. 220. Every person who, in making or supporting any such application as aforesaid to the registrar of the High Court of Admiralty, forges, assists in forging, or procures to be forged, or fraudulently alters, assists in fraudulently altering, or procures to be fraudulently altered, any document, and every person who in making or supporting any such application presents or makes use of any such forged or altered docu- ment, or who in making or supporting any such application makes or gives, or assists in making or giving, or procures to be made or given, any false evidence or representation, knowing the same to be false, shall be deemed guilty of a misdemeanor. Provisions, Health,{y) and Accommodation. {z) § 524. The law is clear, apart from statute, that seamen must be found with provisions as long as they remain on board and are willing to do their duty.f'aj And if, owing to the ship's (y) As to the powers of sanitary authori- (a1 Ihe CastUia, 1 Hagg. 59, 60. Ai ties, with respect to detention of vessels, to the right to subsistence money after &c., see 52 & 53 "Vict. c. 64, ». 2. quitting the ship, see §§ 489, 512 supra. (z) See § 485, note (e), mpra. 395 Application how to be decided on, and amount of repayment how to be ascertained. Accountant- General to pay sums when ascertained. Penalty for forgery and false repre- sentations in support of such applications. 396 CHAP, X.— THE CREW. Survey of pro- visions and water on 0(jm- plaint made. Penalty on master for not providing or procuring proper or BufScient provisions or water. Forfeiture for frivolous complaint. In case of ships going through the Suez Canal, or round the Cape of Grood Hope or Cape Horn. provisions being exhausted, the seamen have to provide themselves, they are entitled to receive board wages out of the proceeds of the ship.(6) The following sections of the Merchant Shipping Act, 1854,(c) are designed to secure the seamen against any deficiency in the quantity and quality of provisions supplied to them : — 221. Any three or more of the crew of any British ship may com- plain to any officer in command of any of Her Majesty's ships, or any British consular officer, or any [Mercantile Marine Office superinten- dent] (d) or any chief officer of customs, that the provisions or water for the use of the crew are at any time of bad quality, unfit for use, or deficient in quantity ; and such officer may thereupon examine the said pro- visions or water, or cause them to be examined ; and if on examination such provisions or water are found to be of bad quality and unfit for use, or to be deficient in quantity, the person making such examination shall signify the same in writing to the master of the ship ; and if such master does not thereupon provide other proper provisions or water in lieu of any so signified to be of a bad quality and unfit for use, or does not procure the requisite quantity of any so signified to be insufficient in quantity, or uses any provisions or water which have been so signified as aforesaid to be of a bad quality and unfit for use, he shall in every such case incur a penalty not exceeding twenty pounds; and upon every such examination as aforesaid the officers making or directing the same shall enter a statement of the result of the examination in the official log, and shall send a report thereof to the Board of Trade, and such report, if produced out of the custody of such Board or its officers, shall be received in evidence in any legal proceeding. 222. If the officer to whom any such complaint as last aforesaid is made certifies in such statement as aforesaid that there was no reason- able ground for such complaint, each of the parties so complaining shall - be liable to forfeit to the owner out of his wages a sum not exceeding one week's wages.(e) The Merchant Shipping Act, 1892,(e) enforces inspection of provisions and water, without the necessity for a preliminary complaint, in the case of certain long voyages, as follows : — 3. — (1) In the case of ships trading or going from any port of the United Kingdom through the Suez Canal, or round the Cape of Good Hope or Cape Horn, the prescribed officer (/) shall in the prescribed manner, and before shipment whenever practicable, inspect the barrels of beef and pork, preserved meat and vegetables in tins, and the casks of flour or biscuits intended for the use of the crews of such ships, and shall in the prescribed manner, if satisfied that they are fit for such use, certify the same accordingly. (2) The prescribed officer may at any time proceed on board a ship to ascertain whether the stores and water provided have been duly inspected, or if not, whether they are of a quality fit for the use of the crew of such ship. If he finds the same not to have been inspected, and deficient in quality, he shall detain the ship until such defects are remedied to his satisfaction. (b) The San Josi Primeiro, 3 513. (c) 17 & 18 Vict. c. 104. {d) 25 & 26 Vict. c. 63, s. 15. L. T. (e) 55 & 56 Vict. c. 37. (/) S. 4 empowers the Board of Trade to appoint officers for the purposes of in- spection. " §§ 524^527.— PROVISIONS, HEALTH. AND ACCOMMODATION. 397 (8) No fee for such inspection shall be levied on the ship. 6. — (2) The Board of Trade may make rules {g) for the purposes of Eules. this Act and the expression " prescribed " means prescribed by rules so made. The principal Act continues : — 223. In the following cases : (that is to say) Allowance for (1) If during a voyage the allowance of any of the provisions which short or bad any seaman has by his agreement stipulated for is reduced (except in provisions. accordance with any regulations for reduction by way of punishment contained in the agreement, and also except for any time during which such seaman wilfully and without sufficient cause refuses or neglects to perform his duty, or is lawfully under confinement for misconduct, either on board or on shore) ; (2) If it is shown that any of such provisions are or have during the voyage been bad in quality and unfit for use ; The seaman shall receive by way of compensation (h) for such reduction or bad quality, according to the time of its continuance, the following sums, to be paid to him in addition to and to be recoverable as wages : (that is to say) (1) If his allowance is reduced by any quantity not exceeding one third of the quantity specified in the agreement, a sum not exceeding fourpence a day ; (2) If his allowance is reduced by more than one-third of such quantity, eightpence a day ; (3) In respect of such bad quaUty as aforesaid, a sum not exceeding one shilling a day : But if it is shown to the satisfaction of the Court before which the case is tried that any provisions the allowance of which has been reduced could not be procured or supplied in proper quantities, and that proper and equivalent substitutes were supplied in lieu thereof, the Court shall take such circumstances into consideration, and shall modify or refuse compensation as the justice of the ease may require, (z) 225. Every master shall keep on board proper weights and measures Masters to for the purpose of determining the quantities of the several provisions ^^^P weights and articles served out, and shaU allow the same to be used at the time *°-) who shall, if satisfied that the same is in all respects such as is required by this Act, give to the collector of customs a certificate to that effect, and thereupon such space shall be deducted from the register tonnage : (5) No such deduction from tonnage as aforesaid shall be authorized unless there is permanently cut in a beam, and cut in or painted on or over the doorway or hatchway of every such place, the number of the men which it is constructed to accommodate, with the words " Certified to accommodate Seamen " : (6) Every such place shall be kept free from stores or goods of any kind, not being the personal property of the crew in use during the voyage : (7) Upon any complaint concerning any such place as aforesaid, one of the surveyors appointed by the Board of Trade (r) may inspect such place, and if he finds that any of the provisions of this Act with respect to the same are not complied with, he shall report the same to the col- ' lector of customs at the port where the ship is registered, and thereupon the registered tonnage shall be altered, and the deduction aforesaid in respect of space disallowed, unless and until it shall be certified by such surveyor, or by some other surveyor appointed by the Board of Trade, that the provisions of the Act in respect of such place are fully com- plied with : (8) If any such place in any ship is not kept free from goods and stores as aforesaid, the master shall be deemed to be in fault, and shall for every such failure to comply with the provisions of this section forfeit and pay to each seaman lodged in such place the sum of one shilling a day for each day after complaint made to him by any two or more of such seamen during which any goods or stores, not being the personal property of the crew, are stored or kept therein : (9) If in any other respect the provisions of this section are not M Sect. 305 ; infra § 597. The powers of aBoard of Trade surveyor with respectto inspection of crew spaces are exercisable in any British possession by a surveyor appointed by the Grovemor of that posses- sion. 31 & 32 Vict. 0. 129, s. 3. As to tonnage measurement see also 17 & 18 Vict. c. 104, S8. 20-24, 26-29 ; and 52 & 53 Vict. c. 43. §§ 628, 529.— PEOTECTION AGAINST UNSEAWOETHINESS. 403 observed with respect to any such place in any sMp the owner shall be deemed to be in fault, and shall for every failure to comply with the provisions of this section incur a penalty not exceeding twenty pounds. 10. The following rules shall be observed with respect to the Rules for medical inspection of seamen : (that is to say) medical in- (1) At any port where there is a local marine board, the local marine speotion of board, and at other ports in the United Kingdom the Board of Trade, ^^*™®°- may appoint a medical inspector of seamen : (2) Such medical inspector of seamen shall, on application by the owner or master of any ship, examine any seaman applying for employ- ment in such ship, and shall give to the superintendent of the Mercan- tile Marine office a report under his hand stating whether such seaman is in a fit state for duty at sea, and a copy of such report shall be given to the master or owner of the ship : (3) The master or owner applying for such inspection shall pay to the superintendent such fees as the Board of Trade direct, and such fees shall be paid into and form part of the Mercantile Marine Fund ; (4) The said medical inspectors shall be remunerated for their services as the Board of Trade may direct, and such remuneration shall be paid out of the Mercantile Marine Fund : (5) In British possessions out of the United Kingdom the governor or other officer administering the government for the time being shall have the power of appointing medical inspectors of seamen, of charging fees for inspections when applied for, and of determining the remune- ration to be paid to such inspectors. Protection against Unseaworthiness. § 528. It has already been seen that there is no implied Seaworthiness. warranty in the seaman's contract that the ship shall be seaworthy. The principal Act empowers the Board of Trade to appoint inspectors to report on any damage or accident caused by or to any ship ; whether the provisions of the Act have been complied with ; and on the efficiency and condition of hull and machinery of any steamship (s). The Acts of 1871 and 1873 enable seamen in certain cases to require a survey of ships, and relieve them from the consequences of refusal to proceed to sea in ships which prove, upon survey, to be unseaworthy. By the Merchant Shipping Act, 1871, s. 5 -.(t) The Board of Trade may, in any case or class of cases in which Ship's draught they think it expedient so to do, direct any person appointed by them of water to be for the purpose to record, in such manner and with such particulars as the Board of Trade direct, the draught of water of any sea-going ship, as shown on the scale of feet on her stem and on her stern post, upon her leaving any dock, wharf, port or harbour for the purpose of pro- ceeding to sea ; and such person shall thereupon keep such record, and shall from time to time forward the same, or a copy thereof, to the Board of Trade ; and such record, or any copy thereof, if produced by or out of the custody of the Board of Trade, shall be admissible in evidence of the draught of water of the ship at the time specified in the record. And by the Merchant Shipping Act, 1873,(m) s. 4 : is) 17 & 18 Vict. 0. 104, o. 14. See to the master's duty to record the draught ■§ 46, note [y) svpra. of water in the log, and to produce his re- (t) 34 & 35 Vict. c. 110. The remainder cord, will be found in § 125 supra. ■of this and the next cited section, relating (m) 36 & 37 Viot. o. 85. 404 ■ CHAP. X.— THE CEEW. Penalty. Every master of a sea-going ship shall, upon the request of any person appointed to record the ship's draught of water, permit such person to enter the ship, and to make such inspections, and take such measurements as may be requisite for the purpose of such record, and any master who fails so to do, or impedes^ or suffers any one under his control to impede any person so appointed in the execution of his duty, shall for each offence incur a penalty not exceeding five pounds. The Merchant Shipping Act, 1871, further provides : Survey of 7. Whenever in any proceeding against any seaman or apprentice s ips alleged belonging to any ship for desertion, or for neglecting or refusing to by seamen to . . ° , ° i j. ^ • 1. ■ 1 • j t. • x. j. # -jS- be uneea- i°^^ °^ *" proceed to sea in his ship, or tor being absent from or quitting worthy. the same without leave, it is alleged by one-fourth of the seamen belonging to such ship, or, if the number of such seamen exceed twenty, by not less than five such seamen, that such ship is by reason of unsea- worthiness, overloading, improper loading, defective equipment, or for any other reason, not in a fit condition to proceed to sea, or that the accommodation in such ship is insuflicient, the Court having cognizance of the case shall take such means as may be in their power to satisfy themselves concerning the truth or untruth of such allegation, and shall for that purpose receive the evidence of the person or persons making the same, and shall have power to summon any other witnesses whose evidence they may think it desirable to hear ; the Court shall thereupon, if satisfied that the allegation is groundless, proceed to adjudicate, but if not so satisfied shall cause such ship to be surveyed : Provided that no seaman or apprentice charged with desertion, or with quitting his ship without leave, shall have any right to apply for a survey under this section unless previously to his quitting his ship he has complained to the master of the circumstances so alleged in justification. For the purposes of this section, the Court shall require any of the surveyors appointed by the Board of Trade under the Merchant Shipping Act, 1854,(v) or any person appointed for the purpose by the Board of Trade, or, if such surveyor or person cannot be obtained without unreasonable expense or delay, or is not, in the opinion of the Court, competent to deal with the special circumstances of the case, then any other impartial surveyor appointed by the Court, and having no interest in the ship, her freight, or cargo, to survey the ship, and to answer any question concerning her which the Court may think fit to put. Such surveyor or other person shall survey the ship, and make his report in writing to the Court, including an answer to every question put to him by the Court. The Court shall cause such report to be communicated to the parties, and unless it is proved to the satisfac- tion of the Court that the opinions expressed in such report are ■ erroneous, the Court shall determine the questions before them in accordance with those opinions. For the purposes of such survey, a surveyor shall have all the powers of an inspector appointed by the Board of Trade under the Merchant Shipping Act, 1854.(w) The costs (if any) of the survey shall be determined by the Board of Trade according to a scale of fees to be fixed by them, and shall be paid in the first instance out of the Mercantile Marine Fund. If it is proved to the satisfaction of the Court that the ship is in a fit condition to proceed to sea, or, as the case may be, that the accommoda- tion is sufficient, the costs of the survey shall be paid by the person or persons upon whose demand, or in consequence of whose allegation, the (u) See § 597 infra, (w) See § 46, note (y) supra. §§ 528, 529.— PROTECTION AGAINST UNSEAWORTHINESS. 405 survey was made, and may be deducted by the master or owner out of the wages due or to become due to such person or persons, and shall be paid over to the Board of Trade. If it is proved that the ship is not in a fit condition to proceed to sea, or, as the case may be, that the accommodation is insufficient, the costs of the survey shall be paid to the Board of Trade by the master or owner. By the Merchant Shipping Act, 1873,(a;) s. 9 : If a seaman or apprentice belonging to any ship is detained on a Compensation charge of desertion or any kindred offence, and if upon a survey of the to seamen for ship being made under section seven of the Merchant Shipping Act, unnecessary .1871, it is proved that she is not in a fit condition to proceed to sea,, or charge of that her accommodation is insufficient, the owner or master of the ship desertion, -shall be liable to pay to such seaman or apprentice such compensation for his detention as the Court having cognizance of the proceedings may award. The Merchant Shipping Act, 1871, continues : 8. Any naval court may, if they think fit, direct a survey of any Power for ship which is the subject of an investigation held before them, and such Naval Courts survey shall be made in the same way, and the surveyor who makes *° ™''ect survGv oi the same shall have the same powers, as if the survey had been directed g^pg; by a competent court in the course of proceedings against a seaman or ■apprentice for desertion or a kindred offence. § 529. In recent years, enactments of a far more stringent ■character have been passed with the object of protecting seamen from being sent to sea in unseaworthy ships. By the Merchant Shipping Act, 1876 :(y) 4. Every person who sends or attempts to send, or is party to sending or attempting to send, a British ship to sea in such unsea- worthy (z) state that the Uf e of any person is likely to be thereby en- dangered, shall be guilty of a misdemeanor, unless he proves that he used all reasonable means to ensure her being sent to sea in a seaworthy state, or that he going to sea in such unseaworthy state was, under the circumstances, reasonable and justifiable, and for the purpose of giving such proof he may give evidence in the same manner as any other witness. Every master of a British ship who knowingly takes the same to sea in such unseaworthy state that the life of any person is likely to be thereby endangered, shall be guilty of a misdemeanor, unless he proves that her going to sea in such unseaworthy state was, under the •circumstances, reasonable and justifiable, and for the purpose of giving ■such proof he may give evidence in the same manner as any other -witness. ■ A prosecution under this section shall not be instituted except by or ■with the consent of the Board of Trade, or of the governor of the British ■possession in which such prosecution takes place. A misdemeanor under this section shall not be punishable upon summary conviction, 5. In every contract of service, express or implied, between the owner of a ship and the master or any seaman thereof, and in every instru- (,r). 36 & 37 Vict. c. 85. («/) 39 & 40 Vict. c. 80. : Ig) See Sedley v. Pinhney, <&c., Co., (1892) 1 Q. B. 58. Sending un- seaworthy ship to sea a misdemeanor. 406 CHAP. X.— THE CEEW. Obligation of ment of apprenticeship whereby any person is bound to serve as an shipowner to apprentice on board any ship, there shall be implied, notwithstanding crew with any agreement to the contrary, an obligation on the owner of the ship, of re^raabk *^** *^® °^^^^ °^ *^® ^^^P' ^^^ ^^^ master, and every agent charged efforts to '^^^ *lie loading of the ship, or the preparing thereof for sea, or the secure sea- sending thereof to sea, shall use all reasonable means to insure the sea- worthiness, worthiness of the ship for the voyage at the time when the voyage commences, and to keep her in a seaworthy (a) condition for the voyage during the same : Provided, that nothing in this section shall subject the owner of a ship to any liability by reason of the ship being sent to sea in an unseaworthy state, where, owing to special circumstances, the so sending thereof to sea is reasonable and justfflable. Power to de- 6. Where a British ship, being in any port of the United Kingdom, tain unsafe jg^ by reason of the defective condition of her hull, equipments, or procedure for machinery, or by reason of overloading or improper loading, unfit to such detention, proceed to sea without serious danger to human life, having regard to the nature of the service for which she is intended, any such ship (hereinafter referred to as " unsafe") may be provisionally detained for the purpose of bdng surveyed, and either finally detained or released, as follows : (1) The Board of Trade, if they have reason to believe on complaint, or otherwise, that a British ship is unsafe, may provisionally order the detention of the ship for the purpose of being surveyed. (2) "When a ship has been provisionally detained there shall be forth- with served on the master of the ship a written statement of the grounds of her detention, and the Board of Trade may, if they think fit, appoint some competent person or persons to survey the ship and report thereon to the Board. (3) The Board of Trade on receiving the report may either order the ship to be released, or, if in their opinion the ship is unsafe, may order her to be finally detained, either absolutely, or until the performance of such conditions with respect to the execution of repairs or alterations, or the unloading or reloading of cargo, as the Board think necessary for the protection of human life, and may from time to time vary or add to any such order. (4) Before the order for final detention is made, a copy of the report shall be served upon the master of the ship, and within seven days after such service the owner or master of the ship may appeal in the prescribed manner to the court of survey (hereinafter mentioned) for the port or district where the ship is detained. (5) Where a ship has been provisionally detained, the owner or master of the ship, at any time before the person appointed under this section to survey the ship makes such survey, may require that he shall be accompanied by such person as the owner or master ma^ select out of the list of assessors for the (o) I.e., it seems, "seaworthy, with which an opening in the bulwarks should regard to the safety of the crew." See have been closed, it was held that the per Lord Esher, M.E., [1892] 1 Q. B. accident was due to the negligence of the at p. 65. Neglect on the part of the master, who was the fellow-servant of the master, where the ship is properly seaman, and not to the unseaworthiness equipped, to use any part of her of the ship, and that the seaman's widow equipment, does not i-ender her unsea- could not recover damages against the worthy. Therefore, where a seaman lost shipowners for the loss of her husband his life through the failure of the master (Hedley.v. Pinkney, t&c, Co., [1892] 1 Q. to use during a storm a movable rail by B. 58. ) This case has been carried to the §§ 528, 529.— PROTECTION AGAINST UNSEAWORTHINESS. court of survey (nominated as hereinafter mentioned), and in such case if the surveyor and assessor agree, the Board of Trade shall cause the ship to be detained or released accord- ingly, but if they differ, the Board of Trade may act as if the requisition had not been made, and the owner and master shall have the like appeal touching the report of the surveyor as is before provided by this section. (6) "Where a ship has been provisionally detained, the Board of Trade may at any time, if they think it expedient, refer the matter to the court of survey for the port or district where the ship is detained. (7) The Board of Trade may at any time, if satisfied that a ship detained under this Act is not unsafe, order her to be released either upon or without any conditions. (8) For the better execution of this section, the Board of Trade, with the consent of the Treasury, may from time to time appoint a sufficient number of fit officers, and may remove any of them. (9) Any officer so appointed (in this Act referred to as a detaining officer) shall have the same power as the Board of Trade have under this section of provisionally ordering the detention of a ship for the purpose of being surveyed, and of appointing a person or persons to survey her ; and if he thinks that a ship so detained by him is not unsafe, may order her to be released. (10) A detaining officer shall forthwith report to the Board of Trade any order made by him for the detention or release of a ship. 7. A court of survey for a port or district shall consist of a judge sitting with two assessors. [The judge to be summoned for the case in accordance with rules made under the Act out of a list (to be approved by a Secretary of State) of wreck commissioners, (6) stipendiary or metropolitan police magis- trates, judges of county courts, and other fit persons ; but in any special case in which the Board of Trade think it expedient to appoint a wreck commissioner, the judge shall be such wreck com- missioner. The assessors to be persons of nautical engineering or other special skill and experience ; one to be appointed by the Board of Trade, and the other to be summoned in accordance with the rules by the registrar of the court (who is to be the county court registrar or such other fit person as a Secretary of State may appoint) out of a list of persons periodically nominated by the local marine board,(c) or, if there is no such board, by a body of local shipowners or merchants approved by a Secre- tary of State, or if there is no such list, to be appointed by the judge. It is the registrar's duty to summon the court immediately on receiving notice of an appeal or a reference from the Board of Trade. The name of the registrar and his office, together with the rules made under the Act, is to be published in manner prescribed by the rules.] 8. With respect to the court of survey the following provisions shall have effect : (1) The case shall be heard in open court : (2) The judge and each assessor may survey the ship, and shall have for the purposes of this Act all the powers of an inspector 407 Constitution of court of survey for Power and procedure of court of survey. House of Lords, but judgment has not yet been delivered. (6; As to the appointment of wreck oom- missioneis, see 39 & 40 Vict. c. 80, s. 29, supra § 48. (c) See § 3 supra. 408 CHAP. X.— THE CREW. Eules for pro- cedure of court of survey, &o. Liability of Board of Trade and shipowner for costs and appointed by the Board of Trade under the Merchant Shipping Act, 1854 j(cc) (3) The judge may appoint any competent person or persons to survey the ship and report thereon to the court ; (4) The judge shall have the same power as the Board of Trade have to order the ship to be released or finally detained, but unless one of the assessors concurs in an order for the detention of the ship, the ship shall be released ; (5) The owner and master of the ship and any person appointed by the owner or master, and also any person appointed by the Board of Trade, may attend at any inspection or survey made in pursuance of this section ; (6) The judge shall send to the Board of Trade the prescribed report, and each assessor shall either sign the report or report to the Board of Trade the reasons for his dissent. 9. [Empowers the Lord Chancellor (with the consent of the Treasury so far as relates to fees), to make general rules to carry into effect the provisions of the Act with respect to a court of survey. Such rules to have effect as if enacted in the Act.] (d) 10. If it appears that there was not reasonable and probable cause((:?cZ) by reason of the condition of the ship or the act or default of the owner, for the provisional detention of the ship, the Board of Trade shall be liable to pay to the owner of the ship his costs of and incidental to the detention and survey of the ship, and also compensation for any loss or damage (e) sustained by him by reason of the detention or survey. If a ship is finally detained under this Act, or if it appears that a ship provisionally detained was, at the time of such detention, unsafe within the meaning of this Act, the owner of the ship shall be liable to pay to the Board of Trade their costs of and incidental to the detention and survey of the ship, and those costs shall, without prejudice to any other remedy, be recoverable as salvage is recoverable. For the purposes of this Act the costs of and incidental to any proceeding before a court of survey, and a reasonable amount in respect of the remuneration of the surveyor or officer of the Board of Trade, shall be deemed to be part of the costs of detention and survey of the ship, and any dispute as to the amount of costs under this Act may be referred to one of the masters or registrars of the Supreme Court of Judicature, who, on request made to him for that purpose by the Board of Trade, shall ascertain and certify the proper amount of such costs. An action for any costs or compensation payable by the Board of Trade under this section may be brought against the secretary thereof by his official title as if he were a corporation sole.(y) [In Ireland the writ may, by order of the Court, be served on the Crown and Treasury Solicitor.] By the Merchant Shipping Act, 1892 : (g) (cc) See § 46, note {y}, supra. {d) See theCur/entSuiee, Appx. No. 10. [dd) As to the proper direction to a jury on this question, see Thompson v. Farrer, 9 Q. B. D. 372 ; op. Lewis v. Gray, 1 C. P. D. 452, decided under the repealed enactment (36 & 37 Vict. c. 85, ss. 12,13, (e) This does not entitle the shipowner to recover damages for the injury done to his reputation by the detention of his ship. Dixon v. Calcraft, (1892) 1 Q. B. 458. (/) In such an action, the Attorney- General is entitled, on behalf of the Crown, to demand a tiial at bar, or, on his waiving that right, to have the venue changed, under the Crown Suits Act (28 & 29 Vict. c. 104), s. 46, to any oonnty he may select. Dixon v. Fao'rer, 18 Q. B. D. 43. (g) 55 & 56 Vict. c. 37.' §§ 528, 529.— PROTECTION AGAINST UNSEAWORTHINESS. 409 . 1 . Every ship so loaded as to submerge in salt water the centre of Ships with the disc placed thereon in pursuance of the Merchant Shipping Acts, submerged 1876 to 1890, and the regulations made thereunder, shall be deemed to }°^^ '^"^^ *° be " unsafe " within the meaning of the Merchant Shipping Act, 1876, ^ ^^e and such submersion shall be reasonable and probable cause for the detention of the ship. And the Act of 1876 continues : 11. Where a complaint is made to the Board of Trade or a detaining Power to officer that a British ship is unsafe, the Boa,rd or officer may, if they or require from he think fit, require the complainant to give security to the satisfaction co^pIaiDant of the Board for the costs and compensation which he may become ^ggt" ^ liable to pay as hereinafter mentioned. Provided that where the complaint is made by one fourth, being not less than three, of the seamen belonging to the ship, and is not in the opinion of the Board or officer frivolous or vexatious, such security shall not be required, and the Board or officer shall, if the complaint is made in sufficient time before the sailing of the ship, take proper steps for ascertaining whether the ship ought to be detained under this Act. Where a ship is detained in consequence of any complaint, and the circumstances are such that the Board of Trade are liable under this Act to pay to the owner of the ship any costs or compensation, the complainant shall be liable to pay to the Board of Trade all such costs and compensation as the Board incur or are liable to pay in respect of of the detention and survey of the ship. 12. (1) A detaining officer shall have for the purpose of his duties Supplemental under this Act the same powers as an inspector appointed by provisiona as the Board of Trade under the Merchant Shipping Act, ^JIt^ ° 1854.(A) _ _ °' '" P'- (2) An order for the detention of a ship, provisional or final, and an order varying the same, shall be served as soon as may be on the master of the ship. (3) When a ship has been detained under this Act she shall not be released by reason of her British register being subsequently closed. (4) For the purposes of a survey of a ship under this Act any person authorised to make the same may go on board the ship and inspect the same and every part thereof, and the machinery, equipments, and cargo, and may require the unloading or removal of any cargo, ballast, or tackle. (5) The provisions of the Merchant Shipping Act, 1854,(A) with respect to persons who wilfully impede an inspector, or disobey a requisition or order of an inspector, shall apply as if those provisions were herein enacted, with the substitution for the inspector of any judge, assessor, officer, or surveyor who under this Act has the same powers as an inspector or has authority to survey a ship. 13. [AppUes the provisions of the Act as to detention of foreign Application to Ships,(*) which, having cargo at a port in the United Kingdom, are ^°/^'|V!^JP^' while there unsafe (^) by reason of overloading or improper loading, ag^gjgtgn. with the following modifications :] tion. , (h) 17 & 18 Vict. c. 104, 89. 15, 16 ; (h) I.e., " unsafe far going to sea," per supra § 46, note {y). Denman and A. L. Smith, J.J. Chalmers (i) Without the necessity for an order v. 8copenich, at pp. 738-9. in Gouncil, Chalmers v. Scqpenich, (1892) 1 Q. B. 735. 410 CHAP. X.— THE CBEW. Enforcing de- tention of ship, Service of order on master, &c. (1) A copy of the order for the provisional detention of the ship shall be forthwith served on the consular officer for the State to which the ship belongs at or nearest to the place where the ship is detained : (2) Where a ship has been provisionally detained, the consular officer, on the request of the owner or master of the ship, may require that the person appointed by the Board of Trade to survey the ship shall be accompanied by such person as the consular officer may select, and in such case, if the surveyor and such person agree, the Board of Trade shall cause the ship to be detained or released accordingly, but if they differ, the Board of Trade may act as if the requisition had not been made, and the owner and master shall have the appeal to the court of survey touching the report of the surveyor which is before provided by this Act ; and (3) Where the owner or master of the ship appeals to the court of survey, the consular officer, on the request of such owner or master, may appoint any competent person who shall be assessor in such case in lieu of the assessor who, if the ship were a British ship, would be appointed otherwise than by the Board of Trade. 34.(Z) [Empowers any commissioned officer on full pay in the army or navy, or any officer of the Board of Trade or Customs, or British consular officer to detain ships ordered to be detained, and provides that] if the ship after such detention or after service on the master of any notice of or order for such detention proceeds to sea before it is released by competent authority, the master of the ship, and also the owner, and any person who sends the ship to sea, if such owner or person be party or privy to the offence, shall forfeit and pay to Her Majesty a penalty not exceeding one hundred pounds. Where a ship so proceeding to sea takes to sea when on board thereof in the execution of his duty any officer authorised to detain the ship, or any surveyor or officer of the Board of Trade or Customs, the owner and master of the ship shall each be liable to pay all expenses of and incidental to the officer or surveyor being so taken to sea, and also a penalty not exceeding one hundred pounds, or, if the offence is not prosecuted in a summary manner, not exceeding ten pounds for every day until the officer or surveyor returns, or until such time as would enable him after leaving the ship to return to the port from which he is taken, and such expenses may be recovered in like manner as the penalty. 35. [Authorises service, where there is no master, and the ship is in the United Kingdom, of documents required for the purposes of the Act to be served on the master of a ship, on the managing owner, or if there is no managing owner, on some agent of the owner residing in the United Kingdom, or where no such agent is known or can be found, by affixing a copy to the mast of the ship. Service may be made by delivering a copy personally to the person to be served, or by leaving the same at his last place of abode, or in the case of a master by leaving it for him on board the ship with the person being or appearing to be in command or charge of her. Any person who obstructs service on the master incurs a penalty not exceeding ten pounds, and if the owner or master of the ship is party to such obstruction he is guilty of a misdemeanor.] (J.) This section may be put in force although no order in Council has been agaijist the master of a foreign ship, which made under s. SI : supra §3, note (m) ; i falls within the provisions of s. 13 (swp.) Chalmers v. Scopenich, (1892) 1 Q. B. 735; §§ 530-533.— PROTECTION FEOM IMPOSITION AND OPPRESSION. 41 X 40. Por the purpose of punishment, jurisdiction, and legal proceed- Legal pro- mgs an offence under this Act shall be deemed to be an offence under ceediugs in the Merchant Shipping Act, 1854. TieacL The proTisions of the Merchant Shipping Act, 1876, with regard to deck cargoes ; those of the Acts of 1876 and 1890, with ' regard to deck and load lines, and of the Act of 1880, with re- gard to the stowage of grain ; and those relating to the carriage of dangerous goods, have already been noticed. Protection of Seamen from Imposition and Oppression. § 530. The Merchant Shipping (Payment of Wages, &c.) Act, Settlement of 1880,(m) extends to seamen and apprentices the provisions of the t4?eTseamen Employers and Workmen Act, 1875j(?2,) for the determination of and their disputes between themselves and their employers. This Act (s. 3) ^"P^^^®™- extends the jurisdiction of county courts in the case of such dis- putes, enabling them to set off cross claims ; to rescind contracts ; and to take security for the performance of contracts, in lieu of awarding damages for their breach. It also gives to courts of summary jurisdiction a civil jurisdiction over such disputes, similar to that of county courts, but limited in amount to £10. (o) The power of rescinding agreements is also expressly given by the Act of 1880.(m) § 531. The seamen's right of making complaint is protected by the following section of the principal Act : {p) 232. If any seaman or apprentice, whilst on board any ship, states to Power of mak- the master that he desires to make complaint to a justice of the peace, ing complaint, or consular officer, or naval officer in command of any of Her Majesty's Seamen to be ships, against the master or any of the crew, the said master shall, if ^^^^^ to com- the ship is then at a place where there is a justice or any such officer as plain to a aforesaid, so soon as the service of the ship will permit, and if the ship justice. is not then at such a place, so soon after her first arrival at such a place as the service of the ship will permit, allow such seaman or apprentice to go ashore or send him ashore in proper custody, so that he may be enabled to make such complaint, and shall, in default, incur a penalty not exceeding ten pounds, § 532. The following enactments are designed for the pro- tection of seamen from fraud and imposition {q) when on shore. The principal Act provides : 233. No wages due or accruing to any seaman or apprentice shall be Protection o** xj. ironi iiniDOSi" subject to attachment or arrestment from any Court ; and every ^j^^^ . payment of wages to a seaman or apprentice shall be valid in law, not- gale of and withstanding any previous sale or assignment of such wages, or of any charge upon attachment, incumbrance, or arrestment thereon; and no assignment wages to be or sale of such wages or of salvage made prior to the accruing thereof shall bind the party making the same ; and no power of attorney or (m) 43 & 44 Vict. c. 16, s. 8 ; supra § (o) Ss. 4-7. 481. 1,^) 17 & 18 Vict. c. 104. (») 38 & 39 Vict. c. 90. ' (2) See § 485, note (e) supra. 412 No debt ex- ceeding 5s. recoverable till end of voyage. Penalty for overcharges by lodging- house keepers. Penalty for detaining sea- men's effects. Penalty for being onboard ship without permission before seamen leave. Penalty for solicitations by lodging-house keepers. CHAP. X.— THE CEEW. authority for the receipt of any such wages or salvage shall be irrevocable. ' 234. No debt exceeding in amount five shillings, incurred by any seaman after he has engaged to serve, shall be recoverable until the service agreed for is concluded. ' 235. If any person demands or receives from any seaman or appren- tice to the sea service payment in respect of his board or lodging in the house of such person for a longer period than such seaman or appren- tice has actually resided or boarded therein, he shall incur a penalty not exceeding ten pounds. 236. If any person receives or takes into his possession or under his control any monies, documents, or efiects of any seaman or apprentice to the sea service, and does not return the same or pay the value thereof, when required by such seaman or apprentice, subject to such deduction as may be justly due to him from such seaman or apprentice in respect of board or lodging or otherwise, or absconds therewith, he shall incur a penalty not exceeding ten pounds, and any two justices may, besides inflicting such penalty, by summary order direct the amount or value of such monies, documents, or effects, subject to such deduction as aforesaid, to be forthwith paid to such seaman or apprentice. By the Merchant Shipping (Payment of Wages) Act, 1-880 :(r) 5. Where a ship is about to arrive, is arriving, or has arrived at the end of her voyage, every person not being in Her Majesty's service, or not being duly authorised by law for the purpose, who — (a) goes on board the ship, without the permission of the master, before the seamen lawfully leave the ship at the end of their engagement, or are discharged (whichever last happens) ; or, (6) being on board the ship, remains there after being warned to leave by the master, or by a police officer, or by any officer of the Board of Trade, or of the Customs, shall for every such offence be liable on summary conviction to a fine not exceeding twenty pounds, or, at the discretion of the court, to imprisonment for any term not exceeding six months : and the master of the ship or any officer of the Board of Trade may take him into custody, and deUver him up forthwith to a constable to be taken before a court or magistrate capable of taking cognizance of the offence, and dealt with according to law.(s) By the principal Act : 238. If within twenty-four hours after the arrival of any ship at any port in the United Kingdom, any person then being on board such ship solicits any seaman to become a lodger at the house of any person letting lodgings for hire, or takes out of such ship any effects of any seaman, except under his personal direction and with the permission of the master, he shall for every such offence incur a penalty not exceed- ing five pounds. (r) 43 & 44 Vict. c. 16. (s) This section in effect supersedes the corresponding section (237) of 17 & 18 Vict. c. 104, upon whicn a somewhat narrow construction was placed in Attwood V. Case, 1 Q. B. D. 134. Its provisions may be extended, by order in Council, to the ships of foreign countries, which afford similar protection to the seamen of British ships (s. 6). The term "master" includes " every person (eicept a pilot) having command or charge of any ship." 17 & 18 Vict. c. 104, B. 2. §§ 530-533.— PEOTEOXION FEOM IMPOSITION AND OPPRESSION. 413 § 533. The Merchant Shipping (Fishing-boats) Act, 1883,(0 Seamen's s. 48, empowers sanitary authorities, with the sanction of the j°'Js"ig- President of the Board of Trade, or failing them the President to make bye- himself, from time to time to make, revoke, and alter bye-laws and regulations relating to seamen's lodging-houses, within their districts and binding on all persons owning, keeping, or employed in such houses, and proceeds : Such bye-laws and regulations shall, amongst other things, provide for the licensing of seamen's lodging-houses, the inspection of the same, the sanitary conditions of the same, the publication of the fact of the house being licensed, the due execution of the bye-laws and regulations, and the non-obstruction of persons engaged in securing such execution, the preventing of persons not duly licensed holding themselves out as keeping or purporting to keep licensed houses, and the exclusion from licensed houses of persons of improper character, and sufficient penalties for the breach of such bye-laws and regulations, not exceeding in any case the sum of fifty pounds. Offences under the bye-laws are punishable as offences within the Merchant Shipping Act. The bye-laws are to be published in the London Gazette and in one local newspaper to be designated by the President of the Board of Trade. The same section empowers the Queen, by order in Council, to order "that in any seaport town or any part thereof, none but persons duly licensed under " such bye-laws and regulations " shall keep seamen's lodging- houseSj or let lodgings to seamen," and an offence against such an order is punishable as an offence under the Merchant Ship- ping Acts, by a maximum penalty of £100. (t) 46 & 47 Vict. c. 41. Bye-laws Vict. o. 16, n. 9) continue until new ones under the repealed enactment (43 & 44 come into force : Md. ( 414 ) CHAPTER XI. OFFENCES, AND THE MAINTENANCE OF DISCIPLINE. §§ 534-540.— 0/e»ices . . 414 § 534. — Piracy . . . 414 §§ 535, 536. — Damaging Ships and Removing or Injuring Buoys or Lights . . 414 §§ bZT-bZ^.— Offences on the High Seas and Abroad . 416 § 5i0.— The Mail Ships' Act, 1891 419 §§ 541-546. — Maintenance of Discipline . . .419 §§ 541-543. — r^e Master's Authority, and Power to Punish Seamen . .419 §§ 544-546. — Desertion and Misconduct of Seame/n, . 420 §§ 6i7-54:9.— Legal Proce- divre .... 423 Offences. Piracy. §534. PlEACY, and other kindred oflfenceSj such as collusion with pirates, or attempts to induce master or seaman to turn pirate, are punishable under various old statutes, (a) with penal servitude for life, or for any less period, or with imprisonment for a term not exceeding three years. And any one who, with intent to commit, or at the time of committing, the crime of piracy, assaults with intent to murder, or stabs, cuts, or wounds any person, or unlawfully does any act by which the life of such person may be endangered, is guilty of felony punishable with death.(6) § 535. By the Offences against the Person Act, 1861 : (c) 13. Whoever shall set fire to any ship or vessel, or any part thereof, or any part of the tackle, apparel, or furniture thereof, or any goods or chattels being therein, or shall cast away or destroy any ship or vessel, with intent ia any of such cases to commit murder, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for Hfe, or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary , confinement. By the Malicious Damage Act, \d>Q\: (d) 42. Whosoever shall unlawfully and maliciously set fire to, cast ;Setting fire away, or in any wLse destroy, any ship or vessel, whether the same be to a ship. complete or in an unfinished state, shall be guilty of felony and being convicted thereof, shall be liable, at the discretion of the Court to be Setting fire to 4)r casting; away a ship with inteut to murder. (a) 22 & 23 Car. 2, o. 11 ; 11 & 12 Will. 3, 0. 7 ; 7 Will. 4 & 1 Vict. o. 88 ; amended by 54 & 55 Viot. c. 69, s. 1. Q>) 7 Will. 4 & 1 Vict. c. 1 (c) 24 & 25 Viot. c. 100. {d) 24 & 25 Vict. c. 97. s. 2. 415 Setting fire to ships to pre- judice the owner or underwriters. Attempting to set fire to a §§ 537-539.— DAMAGING SHIPS, BEHOVING OB INJURING BUOYS, ETC. kept in penal servitude for life, or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and if a male under the age of sixteen years, with or without whipping. 43. Whosoever shall unlawfully and maliciously set fire to, or cast away, or in anywise destroy any ship or vessel, with intent thereby to prejudice any owner or part owner of such ship or vessel, or of any goods on board the same, or any person that has underwri,tten, or shall underwrite any poHey of insiu-ance upon such ship or vessel, or on the freight thereof, or upon any goods on board the same, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life, or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and if a male under the age of sixteen years, with or without whipping. 44. Whosoever shall unlawfully and maliciously, by any overt act, attempt to set fire to, cast away, or destroy any ship or vessel, under such circumstances that, if the ship or vessel were thereby set fire to, cast away, or destroyed, the offender would be guUty of felony, shall be guilty of felony, and being convicted thereof shall be liable, at the dis- cretion of the Court, to be kept in penal servitude for any term not exceeding fourteen and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and if a male under the age of sixteen years, with or without whipping. 45. Whosoever shall unlawfully and maliciously place or throw in, into, upon, against, or near any ship or vessel any gunpowder or other explosive substance, with intent to destroy or damage any ship or vessel, or any machinery, working tools, goods, or chattels, shall, whether or not any explosion takes place, and whether or not any injury be effected, be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and if a male under the age of sixteen years, with or without whipping. 46. Whosoever shall unlawfully and maliciously damage, otherwise than by fire, gunpowder, or other explosive substance, any ship or vessel, whether complete or ia an unfinished state, with intent to destroy the same or to render the same useless, shall be guUty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and if a male under the age of sixteen years, with or without whipping. § 536. As to false signals and the like the Act continues : Exhibiting 47. Whosoever shall unlawfully mask, alter, or remove any light or signal, or unlawfully exhibit any false light or signal, with intent to bring any ship, vessel, or boat into danger, or shall unlawfully and maliciously do anything tending to the immediate loss or destruction of any ship, vessel, or boat, and for which no punishment is hereinbefore provided, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for Placing gun- powder near a vessel with intent to damage it. Damaging ships other- wise than by fire. Removing or coacealing buoys and other sea marks. Destroying wrecks or any articles be- longing there- to. 416 . CHAP. XI.— OFFENCES, AND THE MAINTENANCE OF DISCIPLINE. life, or for any term not less than three years^-or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and if a male under the age of sixteen years, with or without whipping. 48. Whosoever shall unlawfully and maliciously cut away, cast adrift, remove, alter, deface, sink or destroy, or shall unlawfully and maliciously do any act with intent to cut away, cast adrift, remove, alter, defaoe, sink, or destroy, or shall in any other manner unlawfully and ma- liciously injure or conceal any boat, buoy, buoy rope, perch, or mark used or intended for the guidance of seamen for the purpose of navigation, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, or to be im- prisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and if a male under the age of sixteen years, with or without whipping. 49. "Whosoever shall unlawfully and maliciously destroy any part of any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore, or aiiy goods, merchandise, or articles of any kind belonging to such ship or vessel, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. And by the Merchant Shipping Act, 1854 : (e) 414. If any person wilfully or negligently commits any of the follow- ing offences : (that is to say) (1) Injures any lighthouse or the lights exhibited therein, or any buoy or beacon : (2) Removes, alters, or destroys any light-ship, buoy, or beacon : (3) Rides by, makes fast to, or runs foul of any light-ship or buoy : He shall, in addition to the expenses of making good any damage so occasioned, incur a penalty not exceeding fifty pounds. § 537. In addition to the numerous statutory penalties to which masters and seamen are subject for infringement of specific sections of statutes, the following general enactments require attention : By the Merchant Shipping Act, 1854 :(/) Misconduct 239. Any master of, or any seaman or apprentice belonging to any endangering British ship, who, by wilful breach of duty, or by neglect of duty, or ship, or life, or 'by reason of drunkenness, does any act tending to the immediate loss, d'meanor"' destruction, or serious damage of such ship,(p') or tending immediately to endanger the life or limb of any person belonging to or on board of such ship, or who by wilful breach of duty, or by neglect of duty, or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such ship from immediate loss, destruction, or serious damage, or for preserving any person belonging to or on board of such ship from immediate danger to life or Penalty for injuring lights, buoys, and beacons. (e) 17 & 18 Vict. u. 104. (/) 17 & 18 Vict. c. 104. As to the application of the following sections of the Act, see §§ 3, note (m), 485, note («), ante. (g) It is not necessary that the act done or omitted should be followed by actual loss, destruction, or damage, B. v, Gardner, 1 F. & F. 669. §§ 537-539.— OFFENCES ON THE HIGH SEAS AND ABROAD. limb, shall for every such offence be deemed guilty of a misde- meanour. ****** Grimes committed on the High Seas and Abroad. 267. All offences against property or person committed in or at any place either ashore or afloat out of her Majesty's dominions by any master, seaman, or apprentice who at the time when the offence is ■committed is, or within three months previously has been, employed in any British(A) ship, shall be deemed to be offences of the same nature respectively, and be liable to the same punishments respectively, and be inquired of, heard, tried, determined, and adjudged in the same manner and by the same Courts and in the same places as if such offences had been committed within the jurisdiction of the Admiralty of England ; and the costs and expenses of the prosecution of any such offence may be directed to be paid as in the case of costs and expenses of prosecutions for offences committed within the jurisdiction of the Admiralty of England. § 538. 268. The following rules shall be observed with respect to ■offences committed on the high seas or abroad : (i) (that is to say) (1) Whenever any complaint is made to any British consular officer of any of the offences mentioned in the last preceding section, or of any offence on the high seas having been committed by any master, seaman, or apprentice belonging to any British ship, such consular officer may inquire into the case upon oath, and may, if the case so requires, take any steps in his power for the purpose of placing the offender under necessary restraint, and of sending him as soon as practicable in safe custody to the United Kingdom, or to any British possession in which there is a Court capable of taking cognisance of the offence, in any ship belonging to her Majesty, or to any of her subjects, to be there proceeded against according to law : <(2) For the purpose aforesaid(A) such consular officer may order the master of any ship belonging to any subject of her Majesty bound to the United Kingdom or to such British possession as aforesaid, to receive and afford a passage and subsistence during the voyage to any such offender as aforesaid, and to the witnesses, so that such master be not required to receive more than one offender for every one hundred tons of his ship's registered tonnage, or more than one witness for every fifty tons of such tonnage ; and such consular officer shall indorse upon the agreement of the ship such particulars with respect to any offenders or witnesses sent in her as the Board of Trade requires ; -(3) Every such master shall on his ship's arrival in the United Kingdom, or in such British possession as aforesaid, give every offender so committed to his charge into the custody of some police officer or constable, who shall take the offender before a justice of the peace or other magistrate by law empowered to deal with the matter, and such justice or magistrate shall deal with the matter as in cases of offences committed upon the high seas : (h) Registration is not necessary. B. (7c) The provisions of eub-sections (2) TT. Seberg, L. E. 1 C. C, 264, and see and (3) are now extended to the case ot £. V. Ai^erson, L. R. 1 C. C, 161. fugitive offenders, by 44 & 45 Viot. c (i) As to Naval Courts, see s. 263 (6) ; 69, s. 27. ■ante § 11. _ 2 D 417 Offences com- mitted by British sea- men at foreign ports to be within Ad- miralty juris- diction. Conveyance of offenders and witnesses to United King- dom or some British pos- session. 418 CHAP. XI.— OFFENCES, AND THE MAINTENANCE OF DISCIPLINE. And any such master as aforesaid who, when required by any British) Consular officer to receive and affiard a passage and subsistence to any offender or witness, does not receive him and afford such passage and subsistence to him, or who does not deliver any offender committed to- his charge into the custody of some police officer or constable as herein- before directed, shall for each such offence incur a penalty not exceeding fifty pounds. (Z) Inquiry into 269. Whenever any case of death happens on board any foreign- cause of death going ship, the [Marine Office superintendent] shall, on the arrival on board. q£ ^^^-^ gj^j^ ^^ ^.^^ p^^,^ where the crew is discharged, inquire into the- cause of such death, and shall make on the list of the crew deHvered to- him as herein required an indorsement to the effect either that the statement of the cause of death therein contained is in his opinion- true or otherwise, as the result of the inquiry requires ; and every such [superintendent] shall, for the purpose of such inquiry, have the powers hereby given to inspectors appointed by the Board of Trade under the first part of this Act ; and if in the course of such inquiry it appears to him that any such death as aforesaid has been caused by violence or other improper means, he shall either report the matter to the Board of Trade, or, if the emergency of the case so requires, shall take immediate steps for bringing the offender or offenders to justice. (m) Depositions to 270. Whenever in the course of any legal proceedings instituted in. be received in any part of her Majesty's dominions before any judge or magistrate, or evidence when jjgfore any person authorised by law or by consent of parties to receive- be produced. evidence, the testimony of any witness is required in relation to the- subject-matter of such proceeding, then upon due proof, if such pro- ceeding is instituted in the United Eangdom, that such witness cannot be found in that Kingdom, or if in any British possession, that he cannot be found in the same possession, any deposition that such witness may have previously made on oath in relation to the same subject-matter before any justice or magistrate in her Majesty's dominions, or any British consular officer elsewhere, shall be admissible- in e-vidence, subject to the following restrictions : (that is to say) (1) If such deposition was made in the United Kingdom, it shall not be admissible in any proceeding instituted in the United Kingdom : (2) If such a deposition was made in any British possession, it shall not be admissible in any proceeding instituted in the same British possession : (3) If the proceeding is criminal, it shall not be admissible unless it was made in the presence of the person accused : Every deposition so made as aforesaid shall be authenticated by the signature of the judge, magistrate, or consular officer before whom the same is made ; and such judge, magistrate or consular officer shall, when the same is taken in a criminal matter, certify, if the fact is so, and that the accused was present at the taking thereof, but it shall not be necessary in any case to prove the signature or official character of the- person appearing to have signed any such deposition ; and in any criminal proceeding such certificate as aforesaid shall, unless the con- trary is proved, be sufficient evidence of the accused having been present in manner thereby certified ; but nothing herein contained shall affect any case in which depositions taken in any proceeding are (I) The expenses of imprisonment of able out of moneys provided by Parlia- the offender, and conveyance of him and ment, 45 & 46 Vict. o. 55, s. 9. the vpitnesses to the United Kingdom, or a (m) This section is repealed, as to British possession, are, unless paid as fishing boats, by 46 & 47 Vict. c. 41. part of the costs of the prosecution, pay- §§ 541-543.— THE MASTEE'S AUTHORITY TO PUNISH SEAMEN. ^i 9 rendered admissible in evidence by any Act of Parliament, or by any Act or ordinance of the Legislature of any colony, so far as regards such colony, or to interfere with the power of any colonial legislature to make such depositions admissible in evidence, or to interfere with the practice of any Court in which depositions not authenticated as herein- before mentioned are admissible. § 539. By the Merchant Shipping Act Amendment Act, 1855 :(ji) 21. If any person being a British subject charged with having com- jurisdiction in mitted any crime or offence on board any British ship on the high seas cases of or in any foreign port or harbour, or if any person not being a British offences on subject charged with having committed any crime or offence on board ^°^^^ ^^'P- any British ship on the high seas, is found within the jurisdiction of any Court of justice in her Majesty's dominions, which would have had cognizance of such crime or offence, if committed within the limits of its ordinary jurisdiction, such Court shall have jurisdiction to hear and try the case as if such crime or offence had been committed within such limits : Provided that nothing contained in this section shall be construed to alter or interfere with the Act of the thirteenth year of her present Majesty, chapter ninety-six. And by the Merchant Shipping Act, 1867 :(o) 11. If any British subject commits any crime or offence on board any Offences by British ship, or on board any foreign ship to which he does not belong, British sub- any Court of justice in her Majesty's dominions, which would have had J^':'^ °° board cognizance of such crime or offence if committed on board a British " '^^" ship within the limits of the ordinary jurisdiction of such Court, shall have jurisdiction to hear and determine the case as if the said crime or offence had been committed as last aforesaid. § 540. The Mail Ships Act, 1891, (??) forbids the conveyance of Mail Ships letters in certain cases by master, crew, or passengers, and im- poses on the master the duty of securing the observance of the law in this respect, under a penalty in either case of five pounds. Maintenance of Discipline. § 541. Whilst the ship is afloat it is the duty of the master to The master's provide for the due prosecution of the voyage ; for the safety of a^ittonty. the ship and cargo ; and for the life, health and comfort of all on board ; and for these purposes, to maintain strict order and discipline on board. In order to enable him to perform these duties, essential alike to the safety of navigation and the interests of the owners, passengers, and crew, the law invests him with extensive authority over both seamen and passengers. (§') He has authority to do all that is necessary for the safety of those on (n) 18 & 19 Vict. 0. 91. have accordingly been made, applying to (o) 30 & 31 Vict. 0. 124. This section Turkey, Persia, Egypt, and other parts of and part X. of the principal Act (§ 547 Africa. post) may be extended by 0. in C. (under (p) 54 & 55 Vict. c. 31, s. 2. 53 &54Vict.c. 37, 8.6) to British Consular (?) See also as 10 passengers, post §§ Courts in foreign countries. Such orders 585, 586. 420 CHAP. XI.— OFFENCES, AND THE MAINTENANCE OF DISCIPLINE. board, (r) and may exercise so much, force over both seamen and passengers as is necessary for that purpose.(s) His power to § 542. The master may imprison a seaman, or inflict reason- piiniah sea- g^^^^g corporal punishment upon him, for disobedience to reasonable and lawful commands, or for disorderly, riotous or insolent conduct. But the master must be careful that the correction be moderate and commensurate with the offence committed, and not excessive or unjustifiable ; or the seaman will be able to recover damages for an assault.(^) And this authority exists, not only whilst the ship is at sea and beyond the reach of assistance, but also whilst she is in a foreign port or Avev.(io) Wherever the circumstances will admit of the delay proper for inquiry, due inquiry should precede the act of punishment, and the party charged should be heard in his own defence. But some cases neither require nor admit such a deliberate procedure, as where the necessity occurs of immediately opposing attempted acts of violence by a prompt exercise of lawful force, as in the disorders of a commencing mutiny, (a;) In all cases, however, it is the duty of the master to cause a clear statement of the offence, and the inquiry, and of any punishment which may have been inflicted, to be entered on the official log.Q/) § 543. By the Merchant Shipping Act, 1854 :(z) Seamen whom 245. Every seafaring person whom the master of any ship is, under masters of ^-j^^ authority of this Act or of any other Act of Parliament, compelled pelleVto CO ™" *° *^^® ""^ board and convey, and every person who goes to sea in any Tey, and per- ship without the consent of the master or owner or other person sons going in entitled to give such consent, shall, so long as he remains in such ship, ships without jjg subject to the same laws and regulations for preserving discipline, m Me'ct°to ^ ^^^ *° *^® same penalties and punishments for offences constituting or penalties for tending to a breach of discipline, to which he would be subject if breach of he were a member of the crew and had signed the agreement. discipline. § 544. With respect to desertion, the Act provides : Deserters may 247. Whenever any seaman or apprentice is brought before any be sent on , Court on the ground of his having neglected or refused to join or to board m lieu proceed to sea in any ship in which he is engaged to serve, or of having prisoned. deserted or otherwise absented himself therefrom without leave, such Court may, if the master or the owner or his agent so requires, cause (r) Boyce v. BayclW^, 1 Camp. 58. only punishments, which can now («) Aldworth t. Stewart, 14 L. T. be resorted to on ships of the United 862 ; The Lima, 3 Hagg. 346 ; King v. States, to enforce obedience aiid good Franklin, 1 F. & F. 360. conduct, are forfeiture of wages, irons, («) Kent's Cum. III. 182 ; The confinement on board, imprisonment on Agincourt, 1 Ha^g. 271; The Lowther shore, and hard labour. Parsons on Castle, ibid., 384 ; Lamb v. Burnett, 1 Shipping, II. 92. C. & J. 291 ; Aitken v. Bedwell, M. & (x) See per Lord Stowell, The Agin- M. 68. court, 1 Hagg. 271. (m) LanA V. Buirnett, 1 C. & J. 291. {y) 17 & 18 Vict. o. 104, s. 244; By the Act of 1850, c. 80, 9 U. S. Murray v. Moutrie, 6 C. & P. 471. Statutes at Large, 515, flogging in the («J 17 & 18 Vict. c. 104. As to the navy and on board vessels of commerce of application of the foUowins; sections of the United States was aboliehed from and the Act, see §§ 3, note (m), 485, note (e), after the passing of that Act. The ante. absence -with- out leave. §§ 544-546.— DESERTION AND MISCONDUCT OF SEAMEN. 421 him to be conveyed on board for the purpose of proceeding on the '^'^oyage, or deliver him to the master or any mate of the ship, or the owner or his agent, to be by them so conveyed, and may in such case order any costs and expenses properly incurred by or on behalf of the master or owner by reason of the ofience to be paid by the offender, and, if necessary, to be deducted from any wages which he has then earned, or which by virtue of his then existing engagement he may afterwards earn. By the Merchant Seamen (Payment of Wages and Eating) Act, 1880 -.(a) 10. The following provisions shall from the commencement of this Desertion and Act have operation within the United Kingdom : A seaman or apprentice to the sea service shall not be liable to imprisonment for deserting or for neglecting or refusing without reasonable cause to join his ship or to proceed to sea in his ship, or for absence without leave at any time within twenty-four hours of his ship's sailing from any port, or for absence at any time without leave and without suflBcient reason from his ship or from his duty. Whenever, either at the commencement or during the progress of any voyage, any seaman or apprentice neglects or refuses to join or deserts from or refuses to proceed to sea in any ship in which he is duly engaged to serve, or is found otherwise absenting himself therefrom without leave, the master or any mate, or the owner, ship's husband, or consignee may, with or without the assistance of the local police officers or constables, who are hereby directed to give the same if required, convey him on board : Provided that if the seaman or apprentice so requires he shall first be taken before some Court capable of taking cognisance of the matters to be dealt with according to law ; and that if it appears to the Court before which the case is brought that the sea- man or apprentice has been conveyed on board or taken before the Court on improper or insufficient grounds, the master, mate, owner, ship's husband, or consignee, as the case may be, shall incur a penalty not exceeding twenty pounds, but such penalty, if inflicted, shall be a bar to any action for false imprisonment. If a seaman or apprentice to the sea service intends to absent himself from his ship or his duty, he may give notice of his intention, either to the owner or to the master of the ship, not less than forty-eight hours before the time at which he ought to be on board his ship ; and in the event of such notice being given, the Court shall not exercise any of the powers conferred on it by section two hundred and forty-seven of the Merchant Shipping Act, 1854. Subject to the foregoing provision of this section, the powers con- ferred by section two hundred and forty-seven of the Merchant Shipping Act, 1854, may be exercised, notwithstanding the abolition of imprison- ment for desertion and similar offences, and of apprehension without warrant. Nothing in this section shall affect section two hundred and thirty- nine of the Merchant Shipping Act, 1854. § 545. By the Merchant Shipping Act, 1854 :(6) 255. If any seaman on or before being engaged wilfuUy and fraudu- lently makes a false statement of the name of his last ship or last alleged ship, or wilfully and fraudulently makes a false statement of ^|° his own name, he shall incur a penalty not exceeding five pounds ; and Penalty for false state- ment as to last or name. (o) 43 & 44 Vict. o. 16. (6) 17 & 18 Vict. 0. 104. 422 Pines to be deducted from wages and paid to [Marine OfiSoe super- intendent.] Penalty for enticing to desert, and hartouring deserters. CHAP. XI.— OFFENCES, AND THE MAINTENANCE OP DISCIPLINE. such penalty may be deducted from any wages he may earn by virtue of such engagement as aforesaid, and shall, subject to reimbursement of the loss and expenses (if any) occasioned by any previous desertion, be paid and applied in the same manner as other penalties payable under this Act. 256. Whenever any seaman commits an act of misconduct for which his agreement imposes a fine, and which it is intended to punish by enforcing such fine, an entry thereof shall be made in the official log book, and a copy of such entry shall be furnished, or the same shall be read over to the oiTender, and an entry of such reading over, and of the reply (if any) made by the offender, shall be made, in the manner and subject to the conditions hereinbefore specified with respect to the offences against discipline specified in and punishable under this Act ; and such fine shall be deducted and paid over as follows : (that is to say) if the offender is discharged in the United Kingdom, and the offe^oe and such entries in respect thereof as aforesaid are proved, in the case of a foreign-going ship to the satisfaction of the [Marine Office superintendent] before whom the offender is discharged, and in the case of a home-trade ship to the satisfaction of the [superintendent] at or nearest to the place at which the crew is discharged, the master or owner shall deduct such fine from the wages of the offender, and pay the same over to such [superintendent] ; and if before the final discharge of the crew in the United Kingdom any such offender as aforesaid enters into any of Her Majesty's ships, or is discharged abroad, and the offence and such entries as aforesaid are proved to the satisfaction of the officer in command of the ship into which he so enters, or of the consular officer, officer of customs, or other person by whose sanction he is so discharged, the fine shall thereupon be deducted as aforesaid, and an entry of such deduction shall then be made in the official log book (if any) and signed by such officer or other person ; and on the return of the ship to the United Kingdom the master or owner shall pay over such fine, in the case of foreign-going ships, to the [superintendent] before whom the crew is discharged, and in the case of home trade ships to the [superintendent] at or nearest to the place at which the crew is discharged ; and if any master or owner neglects or refuses to pay over any such fine in manner aforesaid, he shall for each such offence incur a penalty not exceeding six times the amount of the fine retained by him : provided that no act of misconduct for which any such fine as aforesaid has been inflicted and paid shall be otherwise punished under the provisions of this Act. 5 o4!0. 257. Every person who by any means whatever persuades or attempts to persuade any seaman or apprentice to neglect or refuse to join or to proceed to sea in or to desert from his ship, or otherwise to absent himself from his duty, shall for each such offence in respect of each such seaman or apprentice incur a penalty not exceeding ten pounds ; and every person who wilfully harbours or secretes any sea^ man or apprentice who has deserted from his ship, or who has wilfully neglected or refused to join or has deserted from his ship, knowing or having reason to believe such seaman or apprentice to have so done, shall for every such seaman or apprentice so harboured or secreted incur a penalty not exceeding twenty pounds, (c) (c) The sections of the Act relating to discipline do not apply to foreign ships, Leary v. Lloyd, 3 E."& E. 178. They may, however, be so extended at the desire of the foreign State, by order in Council, under 39 & 40 Vict. c. 80, b. 37. See ante § 3. As to the offences aimed at in this section, see also 24 & 26 Vict. c. 100, s. 40 ; 38 & 39 Vict. o. 86, s. 7 ; and Kennedy v. Cowie, (1891) 1 Q. B. 771. §§ 547-549.— LEGAL PROCEDURE. 423 258. Any person who secretes himself and goes to sea in any ship Penalty for ■without the consent of either the owner, consignee, or master, or of a obtaining pas- mate, or of any person in charge of such ship, or of any other person ^??® sarrep- entitled to give such consent, shall incur a penalty not exceeding twenty ^" pounds, or be liable to imprisonment with or without hard labour for any period not exceeding four weeks.((^) Legal Procedure.(e) § 547. Part X. of the principal Act prescribes as follows : 518. In all places within her Majesty's dominions, except Scotland,(/) Punishment of the offences hereinafter mentioned shall be punished and penalties re- offences, and ■covered in manner following : (that is to say) recovery oi (1) Every offence by this Act declared to be a misdemeanor shall be ^ punishable by fine or imprisonment with or without hard labour, and the Court before which such offence is tried may in England make the same allowances and order payment of the same costs and expenses as if such misdemeanor had been enumerated in the Act passed in the seventh year of his late Majesty King George the Fourth, chapter sixty-four, or any other Act that may be passed for the Uke purpose, and may in any other part of her Majesty's dominions make such allowances and order payment of such costs and expenses (if any) as are payable or allowable upon the trial of any mis- demeanor under any existing Act or ordinance, or as may be payable or allowable under any Act or law for the time being in force therein : (2) Every offence declared by this Act to be a misdemeanor shall also be deemed to be an offence hereby made punishable by imprisonment for any period not exceeding six months, with or without hard labour, or by a penalty not exceeding one hundred pounds, and may be prosecuted accordingly in a summary (gr) manner, instead of being prosecuted as a mis- demeanor : (A) (3) Every offence hereby made punishable by imprisonment for any period not exceeding sis months, with or without hard labour, or by any penalty not exceeding one hundred pounds, shall in England and Ireland be prosecuted summarily before any two or more justices, as to England in the manner directed by the Act of the eleventh and twelfth years of the reign of her Majesty Queen Victoria, chapter forty-three, and as to Ireland in the manner directed by the Act of the 14th and 15th years of the reign of her Majesty Queen Victoria, chapter ninety- three, or in such other manner as may be directed by any Act or Acts that may be passed for like purposes : And all pro- id) As to passenger ships, see also 18 sengers Acts, see 18 & 19 Vict. u. 119, ss. &19Viot.i;. 119, s. 18, i)os«§ 605. 84-94, bo«* § 622. , j. j u (e) By s. 517, the tenth part of the (/) The procednre in Scotland is dealt Aot, dealing with legal procedure, with in sees. 530-543 of the Act. _ applies, where no particular country is (g) As to the limitation ol time in mentioned, to the whole of Her Majesty's summary proceedings, see s. 525, ante ^ dominions. As to its extension to Con- 516, and^osi § 549. Bular Courts abroad, see ante % 539, (h) This sub-section does not apply to note (o). As to summary procedure for offences under 39 & 40 Vict. c. 80, s. 4, recovery of penalties under the Pas- ante § 529. 424 Stipendiary magistrate to have same power as two justices. Offence where deemed to have been committed. Jurisdiction over ships lying off the coasts. Service to be good if made personally or on board ship. Sums ordered to be paid leviable by distress on ship. CHAP. XI.— OFFENCES, AND THE MAINTENANCE OF DISCIPLINE. visions contained in the said Acts shall be applicable to such prosecutions in the same manner as if the offences in respect. of which the same are instituted were hereby stated to be offences in respect of which two or more justices have power to convict summarily or to make a summary order : (4) In all cases of summary convictions in England, where the sum adjudged to be paid exceeds five pounds, or the period of imprisonment adjudged exceeds one month, any person who thinks himself aggrieved by such conviction may appeal to the next Court of general or quarter sessions.(i) (6) All offences under this Act shall in any British possession be punishable in any Court or by any justice of the peace or magistrate in which or by whom offences of a like character are ordinarily punishable, or in such other manner, or by such other Courts, justices, or magistrates, as may from time to time be determined by any Act or ordinance duly made in such possession in such manner as Acts and ordinances in such possession are required to be made in order to have the force of law. 519. Any stipendiary magistrate shall have full power to do alone whatever two justices of the peace are by this Act authorised to do.(A) § 548. 520. For the purpose of giving jurisdiction under this Act, every offence shall be deemed to have been committed, and every cause of complaint to have arisen, either in the place in which the same actually was committed or arose, or in any place in which the offender or person complained against may be. 521. In all cases where any district within which any Court or justice of the peace or other magistrate has jurisdiction, either under this Act or under any other Act or at Common Law, for any purpose whatever, is situate on the coast of any sea, or abutting on or projecting into any bay, channel, lake, river, or other navigable water, every such Court, justice of the peace, or magistrate shall have jurisdiction over any ship or boat being on or lying or passing off such coast, or being in or near such bay, channel, lake, river, or navigable water as aforesaid, and over all persons on board such ship or boat, or for the time being belonging thereto, in the same manner as if such ship, boat, or persons were within the limits of the original jurisdiction of such Court, justice, or magistrate.(^ 522. Service of any summons or other matter in any legal pro- ceeding under this Act shall be good service, if made personally on the person to be served, or at his last place of aljode, or if made by leaving such summons for him on board any ship to which he may belong with the person being or appearing to be in command or charge of such ship. 523. In all cases where any Court, justice, or justices of the peace, or other magistrate, has or have power to make an order directing payment to be made of any seaman's wages, penalties, or other sums of money, then, if the party so directed to pay the same is the master or owner of a ship, and the same is not paid at the time and in manner prescribed in the order, the Court, justice, or justices, or other magis- trate, who made the order, may, in addition to any other powers they (i) This sub-section is printed as amended by 47 & 48 Vict. o. 43, s. 4. {h) By 18 & 19 "Vict. c. 91, s. 18, a similar power is conferred on Naval Courts in respect of offences against the Act of 1854 committed abroad. See ante § 12. (l) See also 18 & 19 Vict. c. 91, s. 21; 30 & 31 Vict. 0. 124, s. 11, ante § 539, and 41 &42 Vict. o. 73. §§ 547-549.— LEGAL PROCEDURE. ^25 or he may have for the purpose of compelling payment, direct the amount remaining unpaid to be levied by distress or poinding and sale of the said ship, her tackle, furniture, and apparel. 524. Any Court, justice or magistrate imposing any penalty under Application of this Act, for which no specific application is herein provided, may, if it penalties. or he thinks fit, direct the whole or part thereof to be applied in com- pensating any person for any wrong or damage which he may have sustained by the act or default in respect of which such penalty is im- posed, or to be applied in or towards payment of the expenses of the proceedings; and, subject to such directions or specific application as aforesaid, all penalties recovered in the United Kingdom shall be paid into the receipt of her Majesty's exchequer in such manner as the Treasury may direct, and shall be carried to and form part of the Oon- sohdated Fund of the United Kingdom ; and all penalties recovered in any British possession shall be paid over into the public treasury of such possession, and form part of the public revenue thereof. § 549. 625. The time for instituting summary proceedings under Limitation of this Act shall be limited as follows : (that is to say) *'"® ™ (1) No conviction for any ofience shall be made under this Act in proceedings. any summary proceeding instituted in the United Kingdom, unless such proceeding is commenced within six months after the commission of the ofience ; or if both or either of the parties to such proceeding (m) happen during such time to be out of the United Kingdom, unless the same is commenced within two months after they both first happen to arrive or to be at one time within the same : (2) No conviction for any oflfenee shall be made under this Act in any proceeding instituted in any British possession, unless such proceeding is commenced within six months after the commission of the ofience ; or if both or either of the parties to the proceeding happen during such time not to be within the jurisdiction of any Court capable of dealing with the case, unless the same is commenced within two months after they both first happen to arrive or to be at one time within such jurisdiction : {n) ****** And no provision contained in any other Act or Acts, ordinance or Docameiit ordinances, for limiting the time within which summary proceedings proved witli- may be instituted shall afiect any summary proceeding under this Act. °"*gg*j„g^ 526. Any document required by this Act to be executed in the witness. presence of or to be attested by any witness or witnesses, may be proved by the evidence of any person who is able to bear witness to the requisite facts, without caUing the attesting witness or witnesses or any of them. (m) As to who are " the parties to the (m) The remaining sub-sections deal proceeding " under section 257 {arae § with the limitation of time in summary 546), see Austin v. Ohen, L. E. 3 Q. B. proceedings for the recovery of money, as 208. to which see ante § 616. ( 426 ) CHAPTER XII. PILOTS. §§ 550—555. — Pilotage Autho- rities, their Powers and Duties . . . . §§ 556-558. — Pilot Boats and Pilot Licences § 559. — Signals to be when a Pilot is wanted §§ 560, 561. — The Master's Duty to employ a Pilot §§ 562-566. — Compulsory Pilotage . . . . § 567.— The Master's Autho- rity while the Pilot is in cha/rge oj the Ship 426 . 433 435 436 437 444 § 569,.— The Pilot's Autho- rity while the Ship is wad&r his care §§ 569-575.— The extent of the Liability of Oumers and Masters where Pilotage is Compulsory §§ 576-578.— Bights, Privi- leges amd Semuneration of Pilots . . . .452 %579.— Offences of Pilots .455 §§ 580-584. — 1%6 Trinity House , , , . 456 446 447 Origin of pilots. Pilotage anthorities. Pilotage Authorities, their Powers and Duties. § 550. Pilots were originally incorporated by royal charter with a variety of privileges, at different parts of the coasts and rivers of the United Kingdom ; and Acts of Parliament were passed from time to time rendering the employment of licensed pilots, within certain districts, compulsory on outward and homeward bound ships engaged in foreign trade.(a) Various Acts of Parliament are in force at different ports, and bye-laws have been made under their authority, defining the duties, remuneration, and privileges of the pilots subject to the local pilotage authorities. The existing powers and jurisdiction of these pilotage authorities have been confirmed by the Merchant Shipping Act, 1854, so far as they are not inconsistent with its provisions, and the obligation to employ a qualified pilot has been thereby extended to home-trade passenger ships. § 551. The general powers and duties of pilotage authorities in the United Kingdom are regulated by the following sections of statutes : (a) The general statutes fonnerly in force -with regard to pilotage were the 52 Geo. III. 0. 39 ; 6 Geo. IV. c. 125 ; 16 & 17 Vict. c. 129. worth, 7 T. E. 160. Law V. EoUings~ §§ 550-555.— PILOTAGE AUTHOEITIES, THEIE POWERS AND DUTIES. (1) The Merchant Shipping Act, 1854.(6) " Pilotage authority " shall include all bodies and persons authorised to appoint or license pilots, or to fix or alter rates of pilotage, or to exercise any jurisdiction in respect of pilotage : " Pilot " shall mean any person not belonging to a ship who has the conduct thereof : " Qualified pilot" shall mean anyperson dulylicensed byanypilotage authority to conduct ships to which he does not belong. (c) The fifth part of the Act, containing the sections relating to pilotage, applies to the United Kingdom only. 331. Every pilotage authority shall retain all powers and jurisdiction, which it now lawfully possesses, so far as the same are consistent with the provisions of this Act ; but no law relating to such authority, or to the pilots licensed by it, and no Act done by such authority, shall, if inconsistent with any provision of this Act, be of any force whatever. 332. Every pilotage authority shall have power, by bye-law made with the consent of Her Majesty in Council, to exempt the masters of any ships,((i) or of any classes of ships, from being compelled to employ qualified pilots, and to annex any terms or conditions to such exemp- tions, and to revise and extend any exemptions now existing by virtue of this Act or any other Act of Parliament, law, or charter, or by usage, upon such terms and conditions and in such manner as may appear desirable to such authority. 333. Subject to the provisions contained in the fifth part of this Act, it shall be lawful for every pilotage authority, by bye-law made with the consent of Her Majesty in Council, from time to time to do all or any of the following things within its district : (that is to say) (e) (1) To determine the qualifications to be required from persons applying to be licensed as pilots, whether in respect of their age, skill, time of service, character or otherwise : (2) To make regulations as to the approval and licensing of pilot boats and ships, with power to establish and regulate com- panies for the support of such boats and ships, and for a participation in the profits made thereby ; the companies so established to be exempt from the provisions of the Act passed in the session holden in the seventh and eighth years of the reign of Her present Majesty, chapter one hundred and ten, intituled " An Act for the Registration, Incorporation, and Regulation of Joint Stock Companies : " (3) To make regulations for the government of the pilots licensed by them, and for insuring their good conduct, and their con- stant attendance to and efiectual performance of their duty, either at sea or on shore : (4) To fix the terms and conditions of granting licences to pilots and apprentices, and of granting such pilotage certificates as hereinafter mentioned to masters and mates, and to make regulations for punishing any breach of such regulations as aforesaid committed by such pilots (/) or apprentices, or by such masters and mates, by the withdrawal or suspension of their licences or certificates, as the case may be, or by the infliction 427 (6) 17 & 18 Vict. c. 104. (c) See The Carl XV. (1892) P. 132, 324. (d) " Ship " includes a foreign ship. See 52 & 53 Vict. o. 68, s. 1 post, § 555. Pilotage. General jurisdiction of pilotage authorities. Power of pilotage authorities to make and extend exemp- tions from compulsory pilotage. Powers of pilotage authorities. To detei-mine qualifications of pilots : To make regulations as to pilot boats : To make regulations for the govern- ment of pilots : To make regulations as to licences and certificates : (c) As to the Trinity House, see Appx. No. 11 (A) (B) (C) (D) (E) (F) (G). (f) Ah to appeals from pilotage authorilies, see 52 & 53 Vict c. 68, s. 4 post, § 555. 428 CHAP. XII.— PILOTS. of penalties to be recoverable summarily before two justices, so that no such penalty be made to exceed the sum of twenty pounds, and so that every such penalty be capable of reduction at the discretion of the justices by whom the same is inflicted : To alter and (5) To fix the rates and prices or other remuneration to be demanded ofp^lotaKe^-^ and received for the time being by pilots licensed by such ■ authority, or to alter the mode of remunerating such pilots, in such manner as such authority may, with such consent as aforesaid, think fit, so that no higher rates or prices be demanded or received from the masters or owners of ships in the case of the Trinity House than the rates and prices specified in the table marked U in the schedule hereto,(jr) and in the case of all other pilotage authorities, than the rates and prices which might have been lawfully fixed or demanded by such pilotage authorities respectively under any Act of Parliament, charter, or custom in force immediately before the commence- ment of this Act : To arrange (6) To make such arrangements with any other pilotage authority the limits of fpj. altering the limits of their respective districts, and for trictsi* '^' extending the powers of such other authority or the privileges of the pilots licensed by such other authority or any of them to all or any part of its own district, or for limiting its own powers or the privileges of its own pilots or any of them, or for sharing the said last-mentioned powers and privileges with the said other authority and the pilots licensed by it, or for delegating or surrendering such powers and privileges or any of them to any other pilotage authority either already constituted or to be constituted by agreement between such authorities, and to the pilots licensed by it, as may appear to such pilotage authorities to be desirable for the purpose of facilitating navigation or of reducing charges on shipping : To establish (7) To establish, either alone or in conjunction with any other funds for pilotage authority, or authorities, funds for the relief of super- superannuated annuated or infirm qualified pilots, or of their wives, widows, V ° ^- or children, or to make any new regulations with respect to any funds (h) already applicable to the above purposes or any of them, with power to determine the amount, manner, time, and persons (i) (such persons to be in the service of such pilotage authority) to and in which and by and upon whom the contributions in support of such existing or future funds may be made or levied ; and further, to declare the persons or class of persons (such persons or class of persons being confined to men in the service of such pilotage authority, their wives, widows, or children,) entitled to participate in the benefits of such existing or future funds, and the terms and conditions upon which they are to be so entitled : To alter bye- (8) To repeal or alter any bye-law made in exercise of the above laws. powers, and to make a new bye-law or new bye-laws in lieu thereof ; And every bye-law duly made by any pilotage authority in exercise of the powers hereby given to it shall be valid and effectual, notwith- standing any Act of Parliament, rule, law, or custom to the contrary. (g) Forthepilotageratesnowchai-geable (i) Masters or mates holding pilotag& by the Trinity House, tee Appx. No. 12. certificates niny be required to contribute. (h) See 52 & 53 Viot. u. 68, b. 4, post, See 52 & 53 Vict. c. 68, s. 7 jpostt § 555. § 555. §§ 550-555.— PILOTAGE AUTHORITIES, THEIR POWERS AND DUTIES. 334. Every bye-law proposed to be enacted by any pilotage authority in pursuance of the foregoing powers shall, before it is submitted to Her Majesty in OouncU for her assent, be published in such manner as may from time to time be prescribed by the Board of Trade. 335. Every order in Council made in pursuance of the provisions hereinbefore contained shall be laid before both Houses of Parliament as soon as possible after the making thereof. 336. If the greater part in number of the qualified pilots belonging to any port, or the local Marine Board, where there is one, or, at any port where there is no local Marine Board, if any masters, owners, or insurers of ships, being not less than six in number, consider themselves aggrieved by any regulation or bye-law in force when this Act comes into operation or hereafter made under some authority other than the provisions of this Act, or by any defect or omission therein, they may appeal to the Board of Trade, and the said Board may thereupon revoke or alter any such regulation or bye-law, or may make additions thereto, in such manner as, having regard to the interests of the persons concerned, may appear to be just and expedient; and every order so made shall be conclusive in the matter. § 552. 337. Every pilotage authority shall deliver periodically to the Board of Trade, in such form and at such times as such Board requires, returns of the following particulars with regard to pilotage within the port or district under the jurisdiction of such authority : {that is to say) (1) AU bye-laws, regulations, orders, or ordinances relating to pilots or pilotage for the time being in force : (2) The names and ages of all pilots or apprentices licensed or authorized to act by such authority, and of all pilots or apprentices acting either mediately or immediately under such authority, whether so licensed or authorised or not : •(3) The service for which each pilot or apprentice is licensed : (4) The rates of pilotage for the time being in force, including therein the rates and descriptions of all charges upon shipping made for or in respect of pilots or pilotage : ^5) The total amount received for pilotage, distinguishing the several amounts received from British ships and from foreign ships respectively, and the several amounts received in respect of diflferent classes of ships paying different rates of pilotage, according to the scale of such rates for the time being in force, and the several amounts received for the several classes of service rendered by pilots ; and also the amount paid by such ships (if any) as have before reaching the outer limits of pilotage water if outward-bound, or their port of destination if inward bound, to take or pay for two or more pilots, whether licensed by the same or by different pilotage authorities; together with the numbers of the ships of each of the several classes paying such several amounts as aforesaid : {6} The receipt and expenditure of all moneys received by or on behalf of such authority, or by or on behalf of any sub- commissioners appointed by them, in respect of pilots or pilotage : {k) And shall allow the Board of Trade, or any persons appointed by such Board for the purpose, to inspect any books or documents in its 429 Putlioation of bye-laws. Bye-laws to be laid before Parliament. Power of appeal to Board of Trade. Pilotage authorities to make full returns to the Board of Trade of certain particulars connected with pilotage. (i) By 52 & 53 Vict. c. 68, b. 6, this return must include separate accounts of the receipts and expenditure in respect of any any pension or superannuation funds ad- ministered by or under the control of the pilotage authority. See^o«t§555. 430 CHAP. XII.— PILOTS. If local authorities fail to give the required returns, their jurisdiction may be trans- ferred to the Trinity House. Eeturns to be laid before Parliament. Power by provisional order : To transfer pilotage jurisdiction. And to make consequent arrangements. possession relating to the several matters hereinbefore required to be returned to the Board of Trade. 338. If any of such pilotage authorities as aforesaid (other than the Trinity House, or sub-commissioners of pilotage appelated by it, as hereinafter mentioned) fail to deliver to the Board of Trade the peri- odical returns hereinbefore required within one year of such time as may be fixed by such Board for the purpose, or if any of such authori- ties do not allow the said Board, or any persons who may be appointed by it for the purpose, to inspect any books or documents in their possession relating to the matters hereinbfef ore required to be returned by them, it shall be lawful for Her Majesty, by and with the advice of Her Privy OouncU, to direct that all the rights and powers of such authorities in respect of pilotage shall cease or be suspended during such time as Her Majesty directs ; and thereupon the Trinity House shall thereafter, or during such time as such suspension may continue, have and exercise the same powers of appointing sub-commissioners of pilotage, and of licensing pilots, and of establishing and altering rates of pilotage,, within the district within which the authority so making default has previously appointed or licensed pilots, as it is by this Act authorised to exercise in any district for which no particular provision is made by any Act of ParHament or charter for the appointment of pilots, and shall also during such time as aforesaid have and exercise the same rights, title, and powers to and in respect of any pilotage funds or other pilotage property which the said pilotage authorities would or might have had or exercised if not so suspended as aforesaid. 339. The Board of Trade shall without delay cause the several returns hereinbefore required to be made to such Board to be laid before both Houses of Parliament. (Z) (2) The Merchant Shipping Act Ameivdmevi Act, 1862. § 553. 39. It shall be lawful for the Board of Trade, by pro- visional order, to do the following things : (that is to say) (1) Whenever any pilotage authority residing or having its place of business at one port has or exercises jurisdiction in matters of pilotage in any other port, to transfer so much of the said jurisdiction as concerns such last-mentioned port to any harbour trust or other body exercising any local jurisdiction, in mari- time matters at the last-mentioned port or to any body to be constituted for the purpose by the provisional order, or, in cases where the said pilotage authority is not the Trinity House of Deptford Strond, to the said Trinity House ; or to transfer the whole or any part of the jurisdiction of the said pilotage auttiority to a new body corporate or body of persons to be constituted for the purpose by the provisional order, so as to represent the interests of the several ports concerned : (2) To make the body corporate or persons to whom the said trans- fer is made a pilotage authority within the meaning of the principal Act, with such powers for the purpose as may be in the provisional order in that behalf mentioned : To determine the limits of the district of the pilotage authority to which the transfer of jurisdiction is made : To sanction a scale of pilotage rates to be taken by the pilots to be licensed by the last-mentioned pilotage authority : {I) 25 & 26 Vict. c. 63. §§ 560-555.— PILOTAGE AUTHORITIES, THEIR POWERS AND DUTIES. To determine to what extent and tinder what conditions any pilots already licensed by the former pilotage authority shall continue to act under the new pilotage authority : To sanction arrangements for the apportionment of any pilotage funds belonging to the pilots licensed by the former pilotage authority between the pilots remaining under the jurisdiction of that authority and the pilots who are trans- ferred to the jurisdiction of the new authority : To provide for such compensation or superannuation as may be just to officers employed by the former pilotage authority and not continued by the new authority : (3) To constitute a pilotage authority and to fix the limits of its district in any place in the United Kingdom where there is no such authority; so, however, that in the new pilotage districts so constituted there shall be no compulsory pilotage, and no restriction on the power of duly qualified persons to obtain licences as pQots : (4) To exempt the masters and owners of all ships, or of any classes of ships, from being obliged to employ pilots in any pilotage district or in any part of any pilotage district, or from being obliged to pay for pilots when not employing them in any district or in any part of any pilotage district, and to annex any terms and conditions to such exemptions : (5) In cases where the pilotage is not compulsory, and where there is no restriction on the power of duly qualified persons to obtain licences as pilots, to enable any pilotage authority to license pilots and fix pilotage rates for any part of the district within the jurisdiction of such authority for which no such licences or rates now exist : (6) In cases where the pilotage is not compulsory, and where there is no restriction on the power of duly qualified persons to obtain licences as pilots, to enable any pilotage authority to raise all or any of the pilotage rates now in force in the district or any part of the district within the jurisdiction of such authority : (7) In cases where the pilotage is not compulsory, and where there is no restriction on the number of pilots, or on the power of duly qualified persons to obtain licences as pilots, to give additional facilities for the recovery of pilotage rates and for the prevention of the employment of unqualified pilots . (8) To give facilities for enabling duly quaUfied persons, after proper examination as to their qualifications, to obtain licences as pilots. 41. The masters and owners of ships passing through the limits of any pilotage district in the United Kingdom on their voyages between two places both situate out of such districts, shall be exempted from any obligation to employ a pilot within such district, or to pay pilotage rates when not employing a pilot within such district : Provided that the exemption contained in this section shall not apply to ships loading or discharging at any place situate within such district, or at any place situate above such district on the same river or its tributaries. 431 To constitute new authori- ties. To exempt from com- pulsory pilot- as;e in any district. To enable existing authorities to grant licences and fix rates. To raise rates. To facilitate recovery of rates in cer- tain cases. To facilitate grants of licences. Extension of exemptions from com- pulsory pilot- age. (3) The Merchant Shipping Act, 1872.(m) § 554. 11. Any pilotage authority may, if authorised in that behalf (m) 35 & 36 Vict. c. 73. 4.32 Pilotage authority may grant special sea licences. Removal of doubts as to application of pilotage provision 8 of 17 & 18 Vict, c. 104, to _ foreign ships. Provisional orders as to pilotage authorities and districts. 25 & 26 Vict. «. 63. Disciplinary powers of committee, commis- sioners, sub- commis- sioners, &c. Appeals from pilotage authorities. CHAP. XII.— PILOTS. by order in Council, grant special licences qualifying the persons to whom they are granted to act as pilots for any part of the sea or channels beyond the ILtnits of any pilotage authority, so, however, that no pilot so licensed be entitled to supersede an unlicensed pilot outside the limits of the authority by which he is licensed. (4) The Merchant Shi'pping {Pilotage) Act, 1889.(m) § 555. 1. In the construction of Part Five of the Merchant Shipping Act, 1854, and of the enactments amending the same, the expression " ship " includes a foreign ship. 2. (1) The Board of Trade may from time to time by provisional order — {a) make provision or further provision for the direct representation of pilots and, if it seems expedient, also of shipowners, on the pilotage authority of any district, or if there is a pilotage committee of that authority, or any body of commissioners or sub-commissioners appointed by that authority, then on that committee or body ; and (6) extend the limits of any pilotage district by including therein any area in the United Kingdom in which there is no pilotage authority, so, however, that in the area so included there shall be no compulsory pilotage and no restriction on the power of duly qualified persons to obtain licences as pilots. (2) The provisions of section forty of the Merchant Shipping Act Amendment Act, 1862, shall apply in the case of any provisional order made in pursuance of this section. 3. Where in pursuance of this Act provision has been made for the representation of pilots on the pilotage committee or commissioners or sub-commissioners for any pilotage district, the committee, commis- sioners, or sub-commissioners shall have power to suspend or dismiss, or to suspend or revoke the certificate of, any pilot licensed for that district who is guilty of any ofience under section three hundred and sixty-five, or section three hundred and sixty-six, or section three hundred and sixty-seven of the Merchant Shipping Act, 1854. 4. (1) If a pilot is aggrieved by the decision of a pilotage authority or a pilotage committee, or of any commissioners or sub-commissioners for a pilotage district, with respect to his suspension or dismissal, or the suspension or revocation of his licence, or the imposition of a fine ex- ceeding two pounds, or the application of any pilotage fund to which he has contributed, prejudicing his rights in respect of the fund, he may appeal therefrom either to a judge of county courts having jurisdiction within the port for which the pilot is licensed, or to a metropolitan police or stipendiary magistrate having jurisdiction within that port. (2) For the purpose of hearing the appeal, the judge or magistrate shall sit with an assessor of nautical and pilotage experience. (3) The assessor shall be selected and summoned by the judge or magistrate, but where any person is proposed to be summoned as an assessor, objection to him, either personally or in respect of his qualifi- cation, may be taken by either party to the appeal : Provided that in the case of a pilot licensed by the Trinity House for any district on the coast of England or Wales, the assessor shall be selected from the Brethren of the Trinity House. (4) The judge or magistrate may either confirm or reverse the de- cision of the pilotage authority, or modify the same, by increasing or (b) 52 & 53 Vict. c. 68. For the application of this Act to Scotland and Ireland, see ss. 12 and 13. §§ 556-558.— PILOT BOATS AND PILOT LICENCES. 433 decreasing any penalty or otherwise, as may seem just, and his decision shall be final. (5) The costs incurred by a pilotage authority under this section shall be payable out of any fund applicable to the general expenses of the pilotage authority. (6) Rules with respect to the procedure under this section (including costs and the remuneration of assessors) may from time to time be made, as respects judges of county courts, by the authority having power to make rules of practice under the County Courts Act, 1888, and as respects metropolitan police and stipendiary magistrates by one of Her Majesty's Principal Secretaries of State, but in either case with the ■concurrence of the Commissioners of Her Majesty's Treasury as to fees. 6. The returns required by section three hundred and thirty-seven of Eeturns as the Merchant Shipping Act, 1854,(ww) to be made by a pilotage authority to pension to the Board of TVade, shall include separate accounts of the receipts ™ and expenditure in respect of any pension or superannuation funds ■administered by or under the control of the pilotage authority. 7. The powers of making bye-laws conferred on a pilotage authority Bye-la'ws as by section three hundred and thirty-three of the Merchant Shipping to contribu- Act, 1854, shall extend to making bye-laws requiring masters or mates t'ons '" "who hold pilotage certificates granted in pursuance of section three ^' ° °'°* hundred and forty or section three hundred and forty-two of that Act to contribute towards the pilotage fund of the district, and requiring that a periodical return of the pilotage services rendered by such masters or mates be made by them to the pilotage authority : Provided "that the contribution of a master or mate under this section shall not exceed such proportion of the pilotage dues which would have been payable in respect of his ship if he had not held a pilotage certificate, as may be from time to time fixed by the Board of Trade. Filot Boats and Pilot Licences. § 556. Provision is made in the Merchant Shipping Acts for Licensing of -the licensing of masters and mates as qualified pilots for particular "^16^^ *° ■ships. The enactments governing this matter have already been detailed in §§ 33-35. § 557. The regulations for the licensing and the distinguish- Pilot boats. ing characteristics of pilot boats are prescribed in the following sections of the Merchant Shipping Act, 1854 :(o) 345. All boats and ships regularly employed in the pilotage service Pilot boats, -of any district shall be approved and licensed by the pilotage authority ^°^.*°^® ■of such district, who may, at their discretion, appoint and remove the P'°'^ ® masters of such boats and ships. 346. Every pilot boat or ship shall be distinguished by the following Characteristics •characteristics: (that is to say) _ of pilot boats. (1) A black colour painted or tarred outside, with the exception of such names and numbers as are hereinafter mentioned j or such other distinguishing colour or colours as the pilotage authority of the district, with the consent of the Board of Trade, directs : {2) On her stern the name of the owner thereof and the port to which she belongs painted in white letters at least one inch broad and three inches long, and on each bow the number of bhe licence of such boat or ship : (rare) Ante, § 552. (0) 17 & 18 Vict. c. 104. 2 E 434 Qualified pilot to display flag though not in pilot boat. Penalty on ordinary boats displaying pilot flag. Flag to be displayed where master or mate has pilotage certiflcate. Penalty on ordinary boat displaying colourable imitation of pilot flag. Pilot licenoes. Registry of pilot licence. CHAP. XII.— PILOTS. (3) When afloat, a flag at the mast-head or on a sprit or staff, or in some other equally conspicuous situation ; such flag to be of large dimensions compared with the size of the boat or ship carrying the same, and to be of two colours, the upper horizontal half white, and the lower horizontal ha,lf red : And it shall be the duty of the master of such boat or ship to attend to the following particulars : first, that the boat or ship possesses all the above characteristics ; secondly, that the aforesaid flag is kept clean, and distinct, so as to be easily discerned at a proper distance ; andl, lastly, that the names and numbers before mentioned are not at any time concealed ; and if default is made in any of the above particulars he shall incur a penalty not exceeding twenty pounds for each default. 347. Whenever any qualified pilot is carried off in a boat or ship not in the pilotage service he shall exhibit a flag of the above description, in order to show that such boat or ship has a qualified pilot on board j and if he fails to do so, without reasonable cause, he shall incur a penaltynot exceeding fifty pounds. 348. If any boat or ship, not having a licensed pilot on board, dis- plays a flag of the above-mentioned description, there shall be incurred for every such offence a penalty not exceeding fifty pounds, to be re- covered from the owner or from the master of such boat or ship. And by the Merchant Shipping (Pilotage) Act, 1889 :(p) 9. (1) Where the master or mate of a ship holds a pilotage certificate granted under section three hundred and forty or three hundred and forty-two of the Merchant Shipping Act, 1854, the ship shall, so long as he is on board, and as the ship is within a district in which pilotage is compulsory, display a flag of the description mentioned in section three hundred and forty-six of the same Act, and, if default is made in complying with this section, the master of the ship shall incur a penalty not exceeding twenty pounds. , (2) The holder of such a pilotage certificate shall be deemed to be a Hcensed pilot within the meaning of section three hundred and forty- eight of the Merchant Shipping Act, 1854. 10. If any boat or ship, not having on board a licensed pilot or a master or mate holding a pilotage certificate granted in pursuance of section three hundred and forty or section three hundred and forty-two of the Merchant Shipping Act, 1854, displays a flag so nearly re- sembHng a flag of the description mentioned in section three hundred and forty-six of that Act, as to be likely to deceive, there shall be in- curred for every such offence a penalty not exceeding fifty pounds, to be recovered from the owner or from the master of the boat or ship, unless he proves that he had no intention to deceive. § 658. As regards pilot licences the following sections of the Merchant Shipping Act, 1854,(2') have effect : 349. Every qualified pUot on his appointment shall receive a licence containing his name and usual place of abode, together with a description of his person, and a specification of the limits within which he is qualified to act : and it shall be the duty of the principal officer of customs at the place at or nearest to which any qualified pilot may reside, upon his request, to register his licence; and no qualified pilot shall be entitled to act as such until his licence is so registered; and any qualified pilot acting beyond the limits for which he is qualified by his licence shaU be considered as an unqualified pilot. (p) 52 & 53 Vict. c. 68. Xq) 17 & 18 Vict. o. 104. § 559.— WHAT SIGNALS USED WHEN PILOT IS WANTED. 350. Every qualified pilot shall, upon receiving his licence, be furnished with a copy of such part of this Act as relates to pilotage, together with a copy of the rates, bye-laws, and regulations established ■within the district for which he is licensed; and he shall produce such copies to the master of ajiy ship, or other person employing him, ysrhen required to do so, under a penalty in case of default not exceed- ing five pounds. ^ 351. Every qualified pilot, while acting in that capacity, shall be pro- vided with his licence, and produce the same to every person by whom he is employed, or to whom he tenders his services as pilot ; and if he refuses to do so at the request of such person, he shall incur for each offence a penalty not exceeding ten pounds, and shall be subject to sus- pension or dismissal by the pilotage authority by whom he is licensed. 352. Every qualified pilot, when required by the pilotage authority who appointed him, shall produce or deliver up his licence ; and on the death of any qualified pilot the person into whose hands his licence happens to fall shall without delay transmit the same to the pilotage authority who appointed the deceased pilot ; and any pilot or person failing to comply with the provisions of this section shall incur a penalty not exceeding ten pounds.(»') 435 Copies of regulations to be furnished to qualified pilot, and to be produced by him. Qualified pilot to produce licence lo employer. Licences to be deli yered up, ■when required, and returned on death. § 559. The signals to be used and displayed by vessels Signals for requiring the services of a pilot, are prescribed by the Merchant ^ ' Shipping Act, 1873,(s) Schedule II., as follows : Signals to be made by Ships wanting a Pilot. In the daytime. — The following signals, numbered 1 and 2, when used or displayed together or separately, shall be deemed to be signals for a pilot in the daytime, viz. : — 1. To be hoisted at the fore, the Jack or other national colour usually worn by merchant ships, having round it a white border, one-fifth of the breadth of the flag ; or 2. The International Code pilotage signal indicated by P T. At night. — The following signals, numbered 1 and 2, when used or displayed together or separately, shall be deemed to be signals for a pilot at night, ■viz. : — 1. The pyrotechnic light commonly known as a blue light every fifteen minutes ; or 2. A bright white light, flashed or shown at short or frequent in- tervals just above the bulwarks, for about a minute at a time. With regard to the penaltyfor an infraction of these rules the same Act provides : 19. Any master of a vessel who uses or displays, or causes or permits any person under his authority to use or display, any of the said signals for any other purpose than that of summoning a pilot, or uses or causes or permits any person under his authority to use any other signal for a pilot, shall incur a penalty not exceeding twenty pounds. («) (r) Aqualified pilot refusing to delivernp his licence, ■when required to do so by the pilotage authority, is liable to a penalty, and it is ■ no excuse or defence that the pilotage authority has acted c^rioiously in requiring the delivery. Menry v. Newcastle Trinity House Board, 8 E. & B. 723. As to appeals by pilots, see 52 & 53 Vict. c. 68, s. 4, ante §555. («> 36 & 37 Vict. c. 85. («) S.21 enables a shipowner to regis- ter a private code of signals with the Board of Trade, and exempts from penalties the use thereof by any one acting under the authority of the shipo^wner. 436 CHAP. XII.— PILOTS. Ill addition to the penalty contained in s. 19 of the Act, the master who attempts to summon a pilot by any of the signals prescribed for a vessel in distress, may make himself liable to pay compensation to those misled, as we shall see when dealing with salvage in § 700. The master's duty to employ a pilot. When the neglect to employ a pilot avoids the policy. What will excuse the master not employing a pilot. The Master's Duty to Eraploy a Pilot. § 560. Where, either by usage or by the laws of the country within which the ship is, a pilot is required, it is a duty, which the master owes to his owners, to the shippers, and to the insurers, to take one on board. (w) In every voyage policy of insurance there is an implied warranty that the ship shall be seaworthy when the risk attaches ;(«) and we have seen in § 103 that it is the consequent duty of the master on sailing from port, to employ a pilot, where law, usage, or the nature of the navigation requires one. Other- wise the insured will be deprived of any recourse against the insurers, whether the loss can be traced to such breach of the warranty or not.(y) And so, if in the course of a voyage the master arrive at a port or place where a pilot is necessary, and take one on board, he ought not to dismiss him before the necessity has ceased, or he may, according to the opinion of some eminent authorities, discharge the underwriters. («) As the law governing the master's duty to employ a pilot, so far as regards the seaworthiness of the ship, has already been discussed in § 103, it will be unnecessary to add here anything further on this point. § 561. When the master is in such a situation that he cannot obtain a licensed pilot without a delay which would be attended with great and imminent danger, he must exercise his judgment and do the best he can, either by engaging the best assistance that offers, or by employing the best skill that the ship carries, and in such case the insurers are not discharged if the ship is lost.(a) And if a vessel sail to a port where the establishment is {u) The William, 6 C. Rob. 316 ; per Lord Kenyon, Law v. Mollingsworth, 7 T. R. 160; PhiUips Y.Eeadkm, 2 B. & Ad. 380 ; Dixon, v. Sadler, 5 M. & W. 405 ; Sadler v. Dixon, 8 M. & W. 895. (a;) Per Parke, B., Dixon v. Sadler, 5 M. & W, 405; Quebec Moir. &c., Co. v. The Commercial, ;. 63. 444 CHAP. XII.— PILOTS. Home-trade passenger ships. ceed from London to Holyhead and there pick up a Liverpool pilot, and thence proceed to Liverpool, was not required to take a Holyhead pilot, though she picked up her Liverpool pilot within half a mile of the Holyhead breakwater, diverging five miles from her course and stopping her engines for the purpose. (i) Nor need home- trade passenger ships employ pilots, if they have certificated masters or mates, as we have seen in § 34. Supreme authority of pilot. Duties of the master and the crew. TJle Masters Duties and Authority while the Pilot is in charge , of the Ship. § 567. While a licensed pilot is on board by compulsion of law, his authority, in all that relates to the navigation of the ship, supersedes that of the master, who may not interfere with him except under circumstances of an extraordinary nature. (Z) But the mere suggesting to the pilot to take in a sail, or to keep near a light, or vice versd, or to bring the ship up, is no inter- ference in the legal meaning of the term with the duties of the pilot.(m) At the same time the mere fact of taking a pilot on board does not exonerate the master and crew from the proper observance of their own duty. " Although the directions of the pilot may be imperative upon them as to the course the vessel is to pursue, the management of the ship itself is still under the control of the master. It is his duty to secure the safe conduct of his vessel, by issuing the necessary orders, and it is the duty of the crew to carry these orders into execution, and for the due performance of their relative duties, the master and crew are still respectively responsible. "(«) While the pilot continues in charge of the navigation of the ship, it is the duty of the master and cre'w to keep a good look- out ;(o) — to give the pilot the earliest possible information of an approaching vessel, and to accurately describe her position ;(o) — r to attend to the general management of the ship ; (o) — ^to take care that the ship is in ordinary safe trim ; (p) — that the ship and her equipments are sufficient and proper, and that her crew are competent ; (q) — ^to inform the pilot of any defect in the ship or (k) Gvegory v. Janes, 90 L. T.- J. 42. See also The Winston, 8 P. 1). 176 ; on app. 9 P. D. 85. \l) The Maria, 1 W. Eob. at 110 ; The LocMibo, 3 W. Kob. at 321; 7 Moo. P. C. 427 ; The Argo, Sw. 462 ; The Admiral Boxer, Sw. at 196- (m) The Lochlibo, 3 W. Rob. at 329 ; 7 Moo. P. C. 427. The Oakfield, 11 P. D. 34. (n) Per Dr. Lushington in Tlie Diana, 1 W, Bob. at 135. (o) Tlie Dicma, 1 W. Rob. at 136 ; 4 Moo. P. C. 11 ; TheIona,Ij. E. 1 P. 0. 426 ; The Velasquez, L. E. 1 P. C. 494 ; The Minna, L. E. 2 Adm. at 100. But these cases cannot now be con- sidered law as to the burden of prcof of negligence in the master or crew. See post % 573. The Batavier, 1 Sp. at 383, 9 Moo. P. C. at 300 ; The Queen, L. E. 2 Ad. 354. (p) The Argo, Sw. 462. (2) The Christiana, 7 Moo. P. C; at p. 171 ; The City of Cambridge, L. E. 5 P. C. at 459. § 567.— MASTER'S AUTHORITY WHILE PILOT IN CHARGE OF SHIP. 445 crew ; (r) — to take care that the anchor is sufficient to hold the Duties of the ship;(s) — and that it is clear and ready to let go, in case the "'^^terand ., '. ,- _ "' ° the crew, pilot orders it to be dropped ; (t) — to take care that obedience is promptly rendered by the master and the crew to the pilot in every- thing that concerns his duty;(M) — to repeat, if necessary, the pilot's orders ;(x) — not to allow an improper light to be carried, even when ordered by the pilot ; (y) — in cases of accident to take all reasonable measures to meet the emergency ; (z) — in cases of collision, to give directions for the cutting away of rigging, where such a course may be necessary to prevent further damage ; (a) — to have the top-gallant and main royal-yards sent down when this is necessary ; (&) — and, as long as the pilot continues to act, not otherwise to interfere with the conduct of the ship, except in cases of extreme necessity, (c) When a ship is in distress and it is a critical question whether As to employ- to employ a tug or not, it is the master's duty to follow the '°^ ^ *"^" directions of the pilot ; but in all ordinary cases the master him- self is the proper person to determine whether a tug shall be employed or not.(cZ) But, notwithstanding the presence of the pilot on board, it is when master the master's duty to resume his own ordinary authority, and to ^.^y resume do the best he can under the circumstances, for the interests of authority. his owners and all concerned, in such emergencies as the follow- ing : e.g., in cases of great danger, which the pilot does not foresee, or great necessity ;(e) — and in cases of obvious danger, where it is clear either that the pilot has become incompetent to command, from sudden illness, or from intoxication, or from any other cause ;(/) or that he is acting in such a manner or steering such a course as would cause the certain destruction of the ship and endanger the lives and property of others.(^) Where the master or crew neglect any of these duties, and Consequences such neglect conduces to a collision, the owners and master are these^duties. liable for the damage, notwithstanding the 388th section of the Merchant Shipping Act, 1854,(A) which exempts them from (r) The Meteor, 9 Ir. Rep. Eq. at 584. LochUbo, 3 W. Rob. 321 ; 7 Moo. P. C. (s) The Massachusetts, 1 W. Rob. 427 ; The Admiral Boxer, Swab. 196. 371. (d) The Julia, Lush, at p. 226 ; on (t) The Centurion, 2^x^011. Adra.Dig., app. 14 Moo. P. C. 210. 3rd ed , 1410. (e) TheArgo, Sw. 462 ; The Christiana, («) The Diana, 1 W. Rob. at 136 ; 4 7 Moo. P. C. 160. Moo. P. C. 11 ; The Admiral Boxer, (/) The Oirolamo, 3 Hagg. 176 ; The Swab. 193; The Christiana, 7 Moo. P. £ocWi6o, 3W.Rob. at p.321 ; 7 Moo. P. C. , C. 160 ; The City of Cambridge, L. R. 5 427 ; TheDuhe of Manchester , 2 W.Rob, at P. C. at 459. P- 480 ; 6 Moo. P. 0. 90 ; The Christiana, \x) The Admiral Boxer, Swab. 193. 7 Moo. P. C. at p. 172 ; The Argo, Swab. (V) The Ripon, 10 P. D. 65. at p. 464. (zi The Octavia Stella, 57 L. T. {g) The Christina, 3 W. Rob. 27 ; 6 632. Moo. P. C. 371 ; The Girolamo, 3 Hagg. (a) The Massachusetts, IW. 'Rob. 371. 176; The Peerless. Lush, at 32. See (b) The Christiana, 7 Moo. P. (J. 160. also The Oakfield, 11 P. D. 34. (c) 2he Maria, 1 W. Rob. 110; The (h) 17 & 18 Vict. c. 104. 446 CHAP. XII. -PILOTS. liability for loss or damage occasioned by the fault or incapacity of any qualified pilot, acting in charge of the ship, within any district where the employment of the pilet is compulsory by law. Duty and responsibility of pilot. When ship is towed. When the pilot's duty ceases. The Authority of the Pilot while the Ship is under his Care. § 568. A ship is under the orders of the pilot for the purposes of navigation only, and he is entitled to the obedience of the. master and crew in everything that concerns his duty, " To him belongs the whole conduct of the navigation of the ship, to the safety of which it is important that the chief direction should be vested in one only."(i) He is charged with the safety of the ship and of all that she carries, and is bound to use due diligence, care, and reasonable skill. He is consequently answerable, if it is proved that the ship either does or suffers damage through his default, negligence, or want of skill. It is the pilot's exclusive province and duty to determine the measures to be adopted in getting the ship under way \(Jc) — whether it is safe to proceed ; — the course of the ship ; — her mancEuvres when sailing ; — the amount of sail to be carried ; — whether and when to lessen sail ; — whether and where to bring up •,{1). — to determine and regulate the speed of the vessel ;(m) — when the headgear or other sails of the ship should be set or used;(w) — ^the time and manner in which the ship should be brought into a roadstead ;(o) — ^the manner of catting the anchor preparatory to its being dropped ;(_p) — ^the mode, time, and place in which to bring the ship to anchor, and the time and manner in which the anchor should be dropped ;{£) — whether, if the anchor drags, another should be let go ;(r) — and where there is a local usage as to navigation depending on local circumstances, to take care that such usage is complied with.(s) The authority of a pilot on board a ship which is being towed extends to the tug, as we shall presently see.(^) The duty of the pilot is at an end when the ship comes to anchor and he leaves her ; though if he continues on board (i) Per Parke, B., in The Ohristicma, 7 Moo. P. C. 171 ; and see The City of Cambridge, L. E. 5 P. C. at 459. {h) The Feerlets, Luah. 30 ; affd. ibid. 103. (Z) The LocUibo, 3 W. Bob. 310, 321, 331 ; 7 Moo. P. C. at 435 ; The Maria, 1 W. Bob. at 110 ; The Christiana, 7 Moo. P. C. at 172 ; The Julia, 14 Moo. P. C. 210; The City of Cambridge, L. B. 5 P. C. at 459 ; 'The Oakftdd, 11 P. D. 34; The Octavia Stella, 67 L. T. 632. (m) The Calabar, L. E. 2 P. C. 238 ; The Batavier, lSp.378 ; 9Moo. P. 0. 286. (»1 The Ocean Wave, L. B. 3 P. C. 210. (o) The George, 2 W. Bob. 386. (p) The Gipsey King, 2 W. Bob. 537 ; The Migborgs Minde, 8 P. D. 132 ; The Monte Mosa, (1893) P. 23. (q) The AgricoCa, 2 W. Bob. 10; The George, 2 W. Bob. at 388 ; The Oipsey King, 2 W. Bob. 537 ; The Christuina, 7 Moo. P. C. 160 ; The Eibemia, 4 Jur. N. S. 1244 ; The City of Cambridge, L. B. 5 P. Cat 459 ; The Princeton, 3 P. D. 90. (r) The Northampton, 1 Sp. 152. . («) The Chriitiana, 7 Moo. P. C. at 173. («) Poit, § 575. §§ 569-575.— LIABILITY OF MASTEE, ETC. : COMPULSORY PILOTAGE. 447' after she coipes to anchor, she is still under his charge.(w) But if he be functus officio so far as his compulsory employment is con- cernedj his presence on board will not relieve the ship from liability for damage done under such circumstances, (a?) The pilot cannot discharge himself of his responsibility by deserting the ship before he has completely performed his duty, and she is finally anchored at her destination in a position of safety, or till he has conducted her to the appointed limits of his district, (y) The Liability of Owners and Masters where Pilotage is Compulsory. § 569. If shipowners employ a pilot when not compelled by IrreBpectwa law to do so,(z) even a licensed pilot so employed is the servant °is***"*^- of the owners. His presence therefore does not free them from liability for damage occasioned solely by his wrongful or negligent acts, done within the scope of his agency or employment, (a) But it is otherwise with a pilot compulsorily employed, who is not the fellow-servant of the crew so as to prevent his suing the ship- owner for injuries caused by the negligence of the crew.(6) At common law, the master, being an intermediate agent, would not be liable to his owner for the wrongful acts of the pilot, (c) Independently of legislative provision, our Courts of law have decided, that wherever the employment of a pilot is by law com- pulsory, that is to say, wherever a statutory penalty is incurred if a pilot is not employed, the owners and masters are not liable for injuries arising solely from the acts of such pilot so employed ; as the Courts consider it unjust to hold the owners and master responsible for the skill, sobriety and caution of one whom they have not selected, whom they are compelled to employ, and over whom they have scarcely any control.(cZ) The rule is the same where the ship is acting under the Dock or directions of a dock or harbour master, by compulsion of law, as masters, we shall see hereafter, in § 632.(e) («) The Christiana, 7 Moo. P. C. Stettin, B. & L. at 203 ; The Lion, L. E. leO. 2 Adm. 102, affirmed L. E. 2 P. C. 525. (x) The Wohwrn Abbey, 38 L. J. Ad. (6) Smith v. Steele, L. E. 10 Q. B. 126. 28 (c) Aldrich y. Simmons, 1 Stark. 214; (V) See 17 & 18 Viot. c. 104, s. 366 ; Story, Agency, ». 201. ' Oarruthers v. Sydebotham, 4 M. & S. (d) TheProtector lW.Eob.at54; The 77 • The Biqborgs Minde, 8 P, D. at Gipsey King,2Yr.^h.h?,l\Bowchery. 135 ^ " Midstrcm,n:eimt.5&8;TheAtt..Gen. (z) Ab to what constitutes oompulsion, v. Case, 3 Price, 302 ; Oarruthers 7. see Z-Ae Hiherr^iart, L. E. 4 P. C. 511. ^y^f^^^rA^ f & S at 85 ; TheMar^a (a) The Neptune the Second, 1 Dods. 1 W. Bob. 99, 107 ; The Bdba^ Lush at 467 ; The Mama, 1 W. Eob. at 108 ; The 153 ; TheAgrieola, 2 W. Eob. at 19 ; The Eden, 2 W. Eob. 442 ; The Protector, 1 Halley, U E. 2 A^ at 13, on appeal, W. Eob. at 64 ; The Annapolis, Lush, at L. E.. 2 P. C. at 201; The Parlement Beige, ■ 311 ; The Earl of Auckland, Lush, at 5 P. D. at 218. , „ -^ u a j Ti- ne The Peerless, Lush, at p. 114; «) , ?''^« f '"'™'»% .^ ^"V" • if i'IJq ^^• m Norway, B., & L. at p. 393 ; The .3rd ed., 286 ; The Bilbao, Lush. 149. 448 CHAP. XII.— PILOTS. § 570. The Merchant Shipping Act, 1854,(/) provides as follows : The statutory 388. No owner or master of any ship shall be answerable to' any exemption. person whatever for any loss or daniage occasioned by the fault or incapacity of any qualified (g') pilot acting in charge of such ship, within any district where the employment of such pilot is compulsory by law. This section must be construed strictly, as it takes away a remedy from persons who have received an injury.(A) The exemption is not affected by a change of pilots if there be but a single pilotage service, for which one set of pilotage dues is paid.(i) It would seem that when the master or mate of a ship is duly licensed (^) so as to render it unnecessary for him to take a pilot on board, the employment of such pilot does not bring his owners within the protection of the 388th section. (Z) Nor would the owners be exempted from liability for the negligence of such a master or mate. The Courts seem to have felt how unfairly this exemption operated against the ship which suffers damage, for they have much narrowed the exemption by holding, as will be seen here- after, that, in order. that the owners and master of the dam- aging ship should be entitled to the exemption, the following conditions must be fulfilled ; — that the employment of the pilot must be compulsory at the time ; — that whenever the casualty can be traced in any degree to the act of the master or crew, the owner is liable; — and that the burden of proving that the casualty was caused by the pilot is upon the owner who avails himself of such a defence. The 388th section of the Act of 1854, has been held to be not impliedly repealed by subsequent private Acts with incon- sistent provisions, (m) But, in order that the owners and master of a ship may be exempted from liability for injury occasioned by the negligence of the pilot, the 388th section requires that the pilot must have been compulsorily employed within the district whe/re the injury occurred, but not that he should have been compulsorily employed at that spot within the district where the accident happened. Thus, all vessels coming up the Channel to London are required by sect. 378 of 17 & 18 Vict. c. 104, to take a pilot on board at Dungeness, and to put him in charge of the ship. (/) 17 & 18 Vict. 0. 104. (/c) Ante, § 33. (^) See The Carl XV. (1892) P. 132, (l) The KiOarney, Lush. 202. 324. (m) The Comervatore of the River (h) The General de Caen, S-w. 9. Thames v. Ball, L. R. 3 0. P. 415; (i) The Bighorgs Minde, 8 P. D. at 135. The Clan Gordon, 7 P. D. 190. §§ 569-575.— LIABILITY OF MASTERS, ETC. . COMPULSORY PILOTAGE. aAq From Dungeness to London Bridge is, by sect. 370, constituted The statutory the Trinity House pilotage district ; but by the same section exemption. " no pilot shall be hereafter licensed to conduct ships both above and below Gravesend." By sect. 59 of 6 Geo. IV. c. 125 (the exemptions of which are, as we have shown, retained by sect. 353 of 17 & 18 Vict. c. 104), vessels being within their own port are exempted from compulsory pilotage. The defendant's vessel, coming up the Channel to London, took a pilot on board at Dungeness. Before reaching Gravesend, whilst the vessel was still under the control of the pilot, she came into collision with the plaintiff's vessel, through the pilot's negligence. The defendant's vessel belonged to the port of London. It was held that, even assuming that the port of London extends to Yantlett Creek, and that the defendant's vessel was at the time of the collision " within her own port," still that the defendants were not liable, inasmuch as sect. 388 does not require, in order to exempt the owner or master from liability, that the pilot should be compulsorily employed at the spot where the accident happens, but only that he should have been compulsorily employed " within the district " where it happens, and that therefore, as the pilot was compulsorily employed within the district where the accident happened, the defendants were exempted from liability. («,) § 571. It seems that the statutory protection would extend to Foreign ships. all ships, as well foreign as English, within the districts in which pilotage is compulsory, (o) Where in a foreign country the authority of a pilot com- Foreign pulsorily employed supersedes that of the master, the English Courts ^^ ^^^' will extend to the shipowner the same immunity from liability for negligent navigation that he would be entitled to in a case of compulsory pilotage in this country.(2J) But where, as by the law of France, the function of the pilot, though compulsorily employed, is merely to advise, and the master remains free to obey him or not, the owner will not be exempted by the English Courts from liability for the negligence of the pilot.(2') So also in the case of the Suez Canal, (r) and the Danube ;(s) and the law is the same in the United States,(^) Belgium, Holland, Spain, and all other foreign countries where pilotage is com- pulsory, except in Germany, where the owner has the same (n) The General Steam, &e., Co. v. (p) TU Halley, L. R. 2 P. C. 193. The British, &c., Co., L. R. 3 Ex. 330 ; (g) The Augusta, 57 L. T. 326. 4 Ex. 238. {r) The Guy Marmermg, 7 P. D. (o) See The Vernon, 1 W. Rob. 316 ; 132. Maude & Pollock, 225 ; The General de («) The Agnes Otto, 12 P. D. 56. Caen, Sw. 9; The Annapolis, Lush, at 311. (<) Tlie China, 7 Wallace, 53. 2 F 450 CHAP. XII.— PILOTS. Default must relate to some duty of the pilot. Damage must be due solely to pilot's default. Burden of proof. exemption from liability for the fault of a compulsory pilot as in this country. In Portugal, Russia, Denmark, and Italy, damages occasioned by the default of the pilot can be recovered from him, or faUing him, from the pilotage administration. But the law of this country imposes no liability on pilotage authorities for the fault of a pilot licensed by tla.em.(u) § 572. The mere fact of employing a pilot by compulsion of law, does not, as we have already seen, exonerate the master and crew from the proper observance of their own duty.(a;) The owners will be held liable for any undue interference by the master with the pilot in his own province, (y) or for any dis- obedience to his ord«r by the crew, (a) To entitle the owners or master to protection from loss or damage occasioned by the fault or incapacity of the pilot, they must show that the fault com- plained of was one which related to some of the pilot's duties, and not to any of the duties of the master or crew, (a) § 573. To entitle the owners or master of a ship, which is oompulsorily under the charge of a licensed pilot, to the benefit of the exemption, it was formerly necessary to prove to the satis- faction of the Court, which had to try the question, that the damage, for which it was sought to make them liable was occasioned solely by the neglect or fault of the pilot. The burden of proving this lay on the owners or master claiming to be exempted from liability. It was not enough to prove merely that the pilot was guilty of some fault or negligence which contributed to cause the damage. The owners and master had further to prove that there was no default on the part of the master and crew, or of any of them, which might have, in any degree, contributed or conduced to the accident.(J) But this rule as to the burden of proof is no longer law, and the Courts now hold that " where shipowners have proved fault on the part of the pilot suflBcient to cause, and in fact causing the calamity, they must be held to have satisfied the condition on which their exemption from liability depends ; and they are not to be called upon to adduce proof of a negative character to exclude the mere possibility of contributory fault. But if, in course of the evidence, certain acts or omissions on the part of the crew come out, it will then be incumbent on the owners to (tt) Dud/man v. Duhlin Port and Docks Board, Ir. K. 7 C. L. 518 ; Shaw, Savill <& Albion Co. v. Tiraa/ru Earhovr Board, 15 Ap. Ca. 429. {x) The Diana, 1 W. Rob. 131 ; 4 Moo. P. C. 11 ; The Christiana, 7 Moo. P. C. 160. {y) The Lochlibo, 3 W. Rob. 310 ; 7 Moo. P. C. 427. («) Ihe General de Caen, Swab. 9 ; The Christiana, 7 Moo. P. C. 160 ; Th£ Lbchlibo, 7 Moo. P. C. 427. (a) For a discussion of these duties, see ante, §§ 567, 668. (b) The Jona, L. R. 1 P. C. 426 ; The Velasquez, L. R. 1 P. C. 494 : The Cala- bar, L. R. 2 P. C. at p. 241 ; Tlie Minna, L. R. 2 Adm. at 100 ; The Peerless, Lush, at 39 ; see also The Carrier Dove, B. & L. 113 ; The Christiana, 7 Moo. P. C. 160. §§ 569-575.— LIABILITY OF MASTERS, ETC.: COMPULSORY PILOTAGE. 45 1 show satisfactorily that those acts or omissions ia no degree con- Damage must tributed to the damage.'Yc) ^'l."^ f^^'y o • c 1 O \ / ., „ to pilot's bo if the master or crew are guilty of any act or omission default. which contributes to the accident, then, although the pilot is also to blame, the owners are not exempted from liability. (c?) Where a collision is caused by a ship in charge of a licensed pilot, the owners and master, in order to exonerate themselves from liability, had formerly to prove, not merely that the crew were under the orders of the pilot at the time, but also, that the order, which caused the damage, was actually given by the pilot ; the onus joroiandi being on them.(e) But in a later case Sir James Hannen held that the liability for the accident must be presumed to be that of the pilot in charge of the ship, unless some definite act was proved either done wrongly or left undone by the crew, within their special province.(/) There may be cases in which the measures to be adopted are so obvious, that though the pilot ought' to have ordered them, but- has neglected to do so, such neglect would be no excuse for the master and crew omitting to adopt them.(^) § 574. In case of collision it is the duty of the master or person in charge of each vessel to stand by and assist the other, and if he fails to do so without reasonable cause, the collision shall " be deemed to have been caused by his wrongful act, neglect, or default." (^) It has been held that the "person in charge," within the meaning of the statute, is the master and not the pilot, even where conlpulsorily employed ; but it appears that if the collision is caused solely by the neglect of the pilot, the subsequent misconduct of the master will not make the owners liable for the damage, (i) § 575. When a pilot is employed by compulsion of law on Tug and tow. board a ship which is being towed, his authority extends to the control of the navigation of both tow and tug, and the tug is bound to obey his orders, without, however, exempting the master and crew of either vessel from their duty of exercising diligence, care, and skill in the working of their own vessel. Or, to adopt the words of Dr. Lushington, a tug in the performance of an ordinary (c) Per Lord Chelmsford in Clyde (e) T!ie Schwalbe, Lush. 239; The Navigation Co. v. Barclay, 1 App. Cas. Carrier Dove, B. & L. 113. 790 ; see also Ihe Daioz, 47 L. J. Ad. 1 ; (/) The Winston, 8 P. D. 176. andperLordEsher, M.R., in TAei»d™, {g) The Mobile, Sw. 69, 127; Ihe 12P B. 46; and Bee The Livia, 25 L.T. Christiana, 7 Moo. P. C. 160; The §87 Wohurn AVBey, 38 L. J. Ad. 28 ; and see (d) The Diana, 1 W. E. 131 ; The ante § 567 ; the Boruisia, Sw. 94. LocUibo, 3 W. B. 310 ; The Minna, L. (h) 36 &37 Vict. c. 85, s. 16. E. 2 Adm. 97 ; The Christiana, 7 Moo. (i) The Queen, L. E. 2 Adm. 354 P. C. 160 ; The General de Caen, Swab. (decided on a similar section m an earlier 9 ; The Mobile, Sw. 69, 127. statute). 452 CHAP. XII.— PILOTS. Tug and tow. towage service, should be subservient to the pilot on board the ship in tow, and the master and crew on board the tug should implicitly obey and carry out the pilot's directions. (^) And a tug engaged in performing salvage service is generally bound to obey the directions of the pilot on board the vessel salved. (?) If in such cases, by default of the tug, a collision takes place, whether with tug or tow, then the owners of the ship in tow would be responsible, as well as the wrong-doing tug.(m) In clear cases of necessity, however, the master of the steam- tug would be justified in exercising his own discretion and in acting upon his own knowledge independently of the pilot, as for example in cases of salvage, where the master of the steam-tug is called in to remedy the errors or misfortunes of the pilot, or where he sees a pilot acting in such a manner as to threaten the certain destruction of his own vessel and to endanger the lives and property of others. (ti) Where a ship is in tow of a steam-tug, and damage is caused by collision, due solely to the default of the compulsory pilot on board the tow, the master and owners of the ship are exempted from liability by the statute, (o) But it has been held by Sir Eobert PhilKmore that in such a case the statutory protection does not extend to the tug, probably on the ground that while the tow submits to the control of the pilot by compulsion of law, the tug does so by voluntary contract with the tow whose servant she becomes.(_p) Bights, Privileges and Bemuneration of Pilots. Eights, privi- § 576. A pilot is a mariner, (g') and since the Judicature remuneration ^^^^ ^^^ probably sue in the Admiralty Division for work done of pilots. within the body of a county as well as on the high seas, but, as we shall see presently, his most effective remedy lies in the summary jurisdiction given by section 363 of the Merchant Shipping Act, 1854.(r) Pilots are entitled to nothing more than the fixed pilotage dues for ordinary pilotage services, and this because the rates of their remuneration are fixed on liberal scales ; they have almost a monopoly of the service ; and, in return, the law expects them to (k) The Christina, 3 W. Eob. 27 ; 6 (n) -Pej-Dr.Lushington, The Christina^ Moo. P. C. 371 ; The Duke of Sussex, 3 "W. Bob., at 29 ; 6 Moo. P. C. 371. 1 W. Eob. 270; The Energy, li. E. 3 (o) 2%e Oceam JTaue, L. R. 3 P. C. 205> Adm. 48 ; Spaight- v. Tedcastle, 6 Ap. (p) The Mary, 5 P. D. 14. Under a Ca. 217 ; The Nidbe, 13 P. D. 55. similar clause in the earlier Pilotage Act, (Q The Minnehaha, Lush, at 353; 15 Dr. Lnshington held the tug not liable : Moo. P. C. 133. The Duke of Sussex, 1 W. Eob. 270 ; (m) The Ctipsey King, 2 W. Eob. at The Qipsey king, 2 W. Bob. at 542 ; The 543 ; The Mary, 5F. D. 14; TheSingvasi, Christina, 3 W. Eob. 27. 5 P. D. 241 ; The Quickstep, 15 P. I), at (q) Boss v. Walker, 2 Wils. 264. 199. (r) Seepost § 578. §§ 576-578.— EIGHTS, PRIVILEGES AND REMUNERATION OF PILOTS. 453 be always ready, and requires them to afiPord their assistance, Remuneration unless under circumstances of absolute danger to their lives. (s) °'P'lots- Their occupation is necessarily attended with some peril, but it is in consideration of this that the ordinary rate of pilotage is fixed on a liberal scale. They are under the obligation to discharge their duties in spite of the ordinary hazards of their calling, without seeking for any extraordinary reward. Therefore, though Pilotage and they contribute to the safety of the ship, they are not entitled " ^ ' under ordinary circumstances to claim salvage. " It may be, in an extraordinary case, difficult to distinguish a case of pilot- age from a case of salvage, properly so called, for it is possible that the safe conduct of a ship into a port, under circumstances of extreme danger and personal exertion, may exalt a pilotage service into something of a salvage service." (0 No pilot is bound to go on board a vessel in distress (m) to When ship in ,., , •» Mi. j/x distress or render pilot service, for mere pilotage reward, (a?) unseaworthy. "When pilots go on board ships which are not seaworthy, and which are therefore in a state of danger, they are entitled to say, " We do not come in the character of pilots only, but also in the character of salvors," and in such cases they are not debarred from receiving the compensation which others, who are not pilots, woald receive. (1/) So a pilot, whUe engaged in the performance of his duty on Where duties ,..»„-,. , c , performed not board a ship, if called upon m any emergency to perform extra- pilotage. ordinary services necessary for the safety of the ship, not within his duties as pilot, may be entitled to additional remuneration in the nature of salvage for those salvages.(s) But, it is not every slight exertion on the part of pilots, beyond their pilotage services, that will entitle them to salvage remuneration, and the Court of Admiralty in general discourages the attempt to convert pilotage into salvage services, (a) § 577. The following sections of the Merchant Shipping Act, 1854,(&) deal with the rights and remuneration of pilots : — 356. If any boat or ship having a qualified pilot on board leads any ship which has not a qualified pilot on board when such last mentioned Is) The General Palmer, 2 Hag. 176 ; (k) The FrederiA, 1 W. Eot. 16 ; The Enterprise, 2 Hag. 178 n. ; The Tlie Hebe, 2 W. Rob. 246 ; The Eliza, Colvmbus, ibid., n. ; The Joseph Harvey, Lush. 536. 1 C. Bob. 306 ; The Jonge Andries, Sw. [y) The Jonge Andries, Swab, at 305 ; 303 ; The FunchalBaptista, 3 Hag. 386 n. The Industry, 3 Hag. 203 ; Ihe Miza- W) Per Sir W. Scott, in The Joseph heth, 8 Jur. 365 ; The &ng Oscar 6 N. Harvey, 1 C. Bob. 306 ; The HedvAg, 1 of 0. 284 ; 27*6 Hebe, 2 W Kob 246. . Sp. 19 : The Enterprise, 2 Hag. 178 n. ; (a) The Saratoga, Lush at 321 , lie fhe General Palmfr, 2 Hag. 176 ; The Hebe, 2 W. Bob. 246 ; The Minnehaha, Aglaia, 13 P. D. 160. 15 Moo. P. 0. 133. „ , . ,„q . (u) As to the meaning of the phrase {a) The Jonge Andries, Swab, at 229 , "in distress," see Akerblom v. Price; 7 The Monarch, i'i P. r).at8. Q. B. D. at 133. {&) 17 & 18 Vict. 0. 104. 454 CHAP. XII.— PILOTS. Qualified pilot unable to board, when entitled to pilotage. Allowance to qualified pilot taken out of his district. Penalty on making a false declaration as to draught of ship or falsify- ing marks. Power of qualified pilot to supersede unqualified pilot. Emplojonent of unqualified pilots. Penalty on unqualified person acting as pilot. Occasions on which un- licensed persons may act as pilots. ship cannot from particular circumstances be boarded, the pilot so leading such last-mentioned ship shall be entitled to the hill pilotage for the distance run, as if he had actually been on board and had charge of such ship. 357. No pilot, except under circumstances of unavoidable necessity, shall without his consent be taken to sea or beyond the limits for which he is licensed in any ship whatever ; and every pilot so taken under circumstances of unavoidable necessity or without his consent shall be entitled, over and above his pilotage, to the sum of ten shUhngs and sixpence a day,(c) to be computed from and inclusive of the day on which such ship passes the limit to which he was engaged to pilot her up to and inclusive of the day of his being returned in the said ship to the place where he was taken on board, or up to and inclusive of such day as will allow him, if discharged from the ship, sufficient time to return thereto ; and in such last-mentioned case he shall be entitled to his reasonable travelling expenses. 359. If any master, on being requested by any qualified pilot having the charge of his ship to declare her draught of water, refuses to do so, or himself makes or is privy to any other person making a false declara- tion to such pilot as to such draught, he shall incur a penalty for every such offence not exceeding double the amount of pilotage which would have been payable to the pilot making such request ; and if any master or other person interested in a ship makes or is privy to any other person making any fraudulent alteration in the marks on the stern or stem post {sic) of such ship denoting her draught of water, the offender shall incur a penalty not exceeding five hundred pounds. 360. A qualified pilot may supersede an unqualified pilot, but it shall be lawful for the master to pay to such unqualified pilot a proportionate sum for his services, and to deduct the same from the charge of the qualified pilot ; and in case of dispute the pilotage authority by whom the qualified pilot is licensed shall determine the proportionate sum to which each party is entitled. § 578. And by the Merchant Shipping (Pilotage) Act, 1889 :(rf) 5. If any master of a ship navigating outside a district in which pilotage is compulsory knowingly employs or continues to employ an unqualified pilot after a qualified pilot has offered to take charge of the ship, or has made a signal for that purpose, he shall in every case incur a penalty of double the amount of pilotage demandable for the conduct of the ship. The Merchant Shipping Act, 1854,(e) further provides that: 361. An unqualified pilot (/) assuming or continuing in the charge of any ship after a qualified pilot has offered to take charge of her, or using a licence which he is not entitled to use for the purpose of making him- self appear to be a qualified pilot, shall for each offence incur a penalty not exceeding fifty pounds. 362. An unqualified pilot may within any pilotage district, without subjecting himself or his employer to any penalty, take charge of a ship as pilot under the following circumstances : (that is to say) When no qualified pilot has offered to take charge of such ship, or made a signal for that purpose ; or {d) 52 & 53 Vict. u. 68. (e) 17 & 18 Vict. c. 104. (/) Though on the articles as third tnate : Turner v. Peat, 53 J. P. 230. (c) But this allowance for detention is not a " pilotage due " for which the ship- broker IS liable under s. 363 of the Act. Morteo v. Julian, 4 C. P. D. 216. § 579.— OFFENCES OF PILOTS. When a ship is in distress, or under circumstances making it necessary for the master to avail himself of the best assistance which can be found at the time ; or Per the purpose of changing the moorings of any ship in port, or of taking her into or out of any dock, in cases where such act can be done by an unqualified pilot without infringing the regulations of the port or any orders which the harbour-master is legally em- powered to give. 363. The following persons shall be liable to pay pilotage dues for any ship for which the services of a qualified pilot are obtained ; (that is to say) the owner or master, or such consignees or agents thereof as have paid or made themselves liable to pay any other charge on account of such ship in the port of her arrival or discharge, as to pilotage inwards, and in the port from which she clears out as to pilotage out- wards ; and in default of payment such pilotage dues may be recovered in the same manner as penalties of the like amount may be recovered by virtue of this Act ; but such recovery shall not take place until a previous demand thereof has been made in writing. 36J:. Every consignee and agent (not being the owner or master) hereby made liable for the payment of pilotage dues in respect of any ship may, out of any monies in his hands received on account of such ship or belonging to the owner thereof, retain the amount of all dues so paid by him, together with any reasonable expenses he may have incurred by reason of such payment or liability. 455 Liability for and reoOYery of pilotage dues. Powei' for consignees to retain pilotage dues paid by them. Offences of Pilots. § 579. The Merchant Shipping Act, 1854,(y) provides as follows : 358. Any qualified pilot demanding or receiving, and also any master offering or paying to any pilot, any other rate in respect of pilotage services, whether greater or less, than the rate for the time being demandable by law, shall for each offence incur a penalty not exceeding ten pounds.(A) 365. If any quaUfied pilot commits any of the following ofiences, that is to say : (1) Keeps himself, or is interested in keeping by any agent, servant, or other person, any public-house or place of public entertain- ment, or sells or is interested in selhng any wine, spirituous liquors, tobacco, or tea ; (2) Commits any fraud or other oflFence against the revenues of customs, or excise, or the laws relating thereto ; (8) Is in any way directly or indirectly concerned in any corrupt practices relating to ships, their tackle, furniture, cargoes, crews, or passengers, or to persons in distress at sea, or by shipwreck, or to their monies, goods, or chattels ; (4) Lends his licence ; (5) Acts as pilot whilst suspended ; (6) Acts as pilot when in a state of intoxication ; (7) Employs or causes to be employed on board any ship of which he has the charge any boat, anchor, cable, or other store, Penalty on qualified pilot receiving or master offering im- proper rate. Penalties on qualified pilot : exercising certain trades; offending against revenue ; guilty of corrupt practices ; lending licence ; acting when suspended ; acting when drunk ; (g) 17 & 18 Vict. 0. 104. (Ii) Varied by order in Council of 5th Feb. 1873, in respect of pilotage between G-ravesend and Lc.don Bridge. See post, §582. 456 unnecessarily causing expense ; declining to gooff; unnecessarilj cutting or slipping cable; refusing to conduct ship into port ; quitting ship. Penalty on pilot endan- gering ship, fife, or limb. Penalty on pilot in charge of a ship doing her wilful injury. CHAP. XII.— PILOTS. matter, or thing beyond what is necessary for the service of such ship, with the intent to enhance the expenses of pilotage for his own gain or for the gain of any other person ; (8) Refuses or wilfully delays, when not prevented by illness or other reasonable cause, to take charge of any ship within the limits of his licence upon the signal for a pilot being made by such ship, or upon being required to do so by the master, owner, agent, or consignee thereof, or by any officer of the pilotage authority by whom such pilot is licensed, or by any principal officer of customs : (9) Unnecessarily cuts or slips or causes to be cut or slipped any cable belonging to any ship ; (10) Eefuses, on the request of the master, to conduct the ship of which he has the charge into any port or place into which he is qualified to conduct the same, except on reasonable ground of dan'ger to the ship ; (11) Quits the ship of which he has the charge, without the consent of the master, before the service for which he was hired has been performed ; He shall for each such offence, in addition to any liability for damages, at the suit of the person aggrieved, incur a penalty not exceeding one hundred pounds, and be liable to suspension or dismissal by the pilotage authority by whom he is licensed; and every person who procures, abets, or connives at the commission of any such offence shall likewise, in addition to any such liability for damages as aforesaid, incur a penalty not exceeding one hundred pounds, and, if a qualified pilot, shall be liable to suspension or dismissal by the pilotage authority by whom he is licensed.i(i) 366. If any pilot, when in charge of any ship, by wilful breach of duty or by neglect of duty, or by reason of drunkenness, does any act tending to the immediate loss, destruction, or serious damage of such ship, or tending immediately to endanger the life or limb of any person on board such ship ; or if any pilot, by wilful breach of duty or by neglect of duty, or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such ship from loss, destruction, or serious damage, or for preserving any person belonging to or on board of such ship from danger to life or limb ; the pilot so offending shall for each such offence be deemed guilty of a misdemeanor, and, if a qualified pilot, also be liable to suspension and dismissal by the authority by which he is licensed, (i) 367. If any person, by wilful misrepresentation of circumstances upon which the safety of a ship may depend, obtains or endeavours to obtain the charge of such ship, such person, and every other person procuring, abetting, or conniving at the commission of such offence, shall, in addition to any liability for damages at the suit of the party aggrieved, incur a penalty not exceeding one hundred pounds, and, if the offender is a qualified pilot, he shall also be liable to suspension or dismissal by the pilotage authority by which he is licensed.(i) The Trinity House,. § 580. The provisions of the Merchant Shipping Act, 1854,(4) dealing especially with the Trinity House, are as follows : (i) As to appeals from decision of pilotage authority, see ante, § 555. h) 17 & 18 Vict. c. 104. §§ 580-584.— THE TEINITY HOUSE. 457 368. The Trinity House may, in exercise of the general power power of hereinbefore given to all pilotage authorities of doing certain things in Trinity House relation to pilotage matters, alter such of the provisions hereinafter to alter regu- contained as are expressed to be subject to alteration by them in l^'^ois. the same manner and to the same extent as they might have altered the same, if such provisions had been contained in any previous Act of ParUament instead of in this Act. 369. The Trinity House shall continue to appoint sub-commissioners, Power of not being more than five nor less than three in number, for the purpose Trinity House of examining pilots in all districts in which they have been used to *" appoint sub- make such appointments, and may, with the consent of Her Majesty in commissioners. Council, but not otherwise, appoint like sub-commissioners for any other district in which no particular provision is made by any Act of Parlia- ment or charter for the appointment of pilots ; but no pilotage district already under the authority of any sub-commissioners appointed by the Trinity House shall be extended, except with such consent as aforesaid, and no sub-commissioners so appointed shaU be deemed to be pilotage authorities within the meaning of this Act. 370. The Trinity House shall continue, after due examination by Trinity House themselves or their sub-commissioners, to appoint and license under *°i ^^to act their common seal pilots for the purpose of conducting ships within the ^jjijin certain limits following or any portion of such limits : (that is to say) limits. (1) "The London district," comprising the waters of the Thames and Medway as high as London Bridge and Eochester Bridge respectively, and also the seas and channels leading thereto or therefrom as far as Orfordness to the north and Dungeness to the south ; so nevertheless, that no pilot shall be hereafter licensed to conduct ships both above and below Gravesend : (2) "The English Channel district," comprising the seas between Dungeness and the Isle of "Wight : (3) " The Trinity House outport districts," comprising any pilotage district for the appointment of pilots within which no par- ticular provision is made by any Act of ParUament or charter.(Z) 371. Subject to any alteration to be made by the Trinity House, the PaUication of names of all pilots licensed by the Trinity House shaU be published in j;°*'°^g°^gj manner following : (that is to say) pjlotg jjy the (1) The Trinity House shall at their house in London fix up a Trinity House notice specifying the name and usual place of abode of every of pilots. pilot so licensed, and tlie limits within which he is licensed to act : (2) The Trinity House shall transmit a copy of such notice to the commissioners of customs in London, and to the principal officers of customs resident at all ports within the limits for which such pilot is licensed ; and such notice shall be posted up by the commissioners at the Custom House in London, a,nd by such officers at the custom houses of the ports at which they are respectively resident. tj j j. 1, 372. Subject to any alteration to be made by the Trinity House, Bonds *°^« everv Trinity House pilot on his appointment shall execute a bond tor S • one hundred pounds conditioned for the due observance on his part ot the regulations and bye-laws of the Trinity House, such bond to be free from stamp duty, and from any other charge except the actual expense for preparing the same. (0 Eadgraft v. Eewith, L. E. 10 Q. B. 350. 458 CHAP. XII.— PILOTS. Liability limited. Continaance and renewal of licences. Power to revoke and suspend licences. Penalty on masters of ships employ- ing unlicensed pilots, or acting as pilot. Trinity House to make regu- lations for a constant supply of qualified pilots at Lungeness, Ship coming past Dunge- ness not having pilot on board to take the first qualified pilot who offers. 373. No qualified pilot who has executed such bond as is herein- before mentioned shall be liable for neglect or want of skill beyond its penalty and the amount of pilotage payable to him in respect of the voyage on which he is engaged. 374. Subject to any alteration to be made by the Trinity House, no licence granted by them shall continue in force beyond the thirty-first day of January next ensuing the date of such licence, but the same may, upon the application of the pilot holding such licence, be renewed on such thirty-first day of January in every year, or any subsequent day, by indorsement under the hand of the secretary of the Trinity House, or such other person as may be appointed by them for that purpose, (w) 375. The Trinity House shall have power to revoke or suspend the licence of any pilot appointed by them, in such manner and at such time as they think fit.(o) § 581. With respect to compulsory pilotage the Act provides: 876. Subject to any alteration to be made by the Trinity House, and to the exemptions hereinafter contained, the pilotage districts of the Trinity House within which the employment of pilots is compulsory are the London district, and the Trinity House outport districts, as herein- before defined ; and the master of every ship navigating within any part of such district or districts, who, after a qualified pilot has offered to take charge of such ship, or has made a signal for that purpose, either himself pilots such ship without possessing a certificate enabling him so to do, or employs or continues to employ an unqualified person to pilot her, shall for every such offence, in addition to the penalty hereinbefore specified, if the Trinity House certify in writing • under their common seal that the prosecutor is to be at liberty to proceed for the recovery of such additional penalty, incur an additional penalty not exceeding five pounds for every fifty tons burden of such ship. 377. Subject to any alteration to be made by the Trinity House, a sufiicient number of qualified pilots shall always be ready to take charge of ships coming from the westward past Dungeness ; and the Trinity House shall, by bye-law to be made in the same manner as other bye- laws made under the powers herein contained, make such regulations with respect to the pilots under their control as may be necessary in order to provide for an unintermitted supply of qualified pilots for such ships, and to ensure their constant attendance upon and due performance of their duty both by night and day, whether by cruising between the South Foreland and Dungeness, or by going off from shore upon signals made for the purpose, or by both of such means, or by any other means, and whether in rotation or otherwise, as the Trinity House think fit. 378. Subject to any alteration to be made by the Trinity House, every master of any ship coming from the westward, and bound to any place in the rivers Thames and Medway (unless she has a qualified pilot on board or is exempted from compulsory pilotage), shall, on the arrival of such ship off Dungeness, and thenceforth until she has passed the south buoy of the Brake, or a line to be drawn from Sandown Castle to the said buoy, or until a qualified pilot has come on board, display and keep flying the usual signal for a pilot ; and if any qualified pilot is within hail, or is approaching and within half a mile, and has the proper distinguishing flag flying in his boat, such master shall, by heaving to in proper time or shortening sail, or by any practicable (») See The Beta, B. & L. 328. (o) As to appeals by pilots, see 52 & £3 Vict. u. 68, u. 4, ante § 555. §§ 580-584.— THE TRINITY HOUSE. ^59 means consistent with the safety of his ship, facilitate such pilot getting Penalty on on board, and shall give the charge of piloting his ship to such pilot ; or masters failing if there are two or more of such pilots offering at the same time to such to display one of them as may, according to the regulations for the time being in usual signal force, be entitled or required to take such charge ; and if any such °'' ^ master fails to display or keep flying the usual signal for a pilot in manner hereinbefore required, or to facilitate any such qualified pUot as aforesaid getting on board as hereinbefore required, or to give the charge of pUoting his ship to such pilot as hereinbefore mentioned in that behalf, he shall incur a penalty not exceeding double the sum which might have been demanded for the pilotage of his ship, such penalty to be paid to the Trinity House, and to be carried to the account of the Trinity House Pilot Fund. There are certain exemptions from compulsory pilotage in the Exemptions districts under the jurisdiction of the Trinity House, as we have already seen in § 564. § 582. The Merchant Shipping Act, 1872,(^) enacts : 9. Notwithstanding anything in the 358th section of the Merchant Trinity House Shipping Act, 1854, the Trinity House may by bye-laws made with the may modify sanction of Her Maiesty in Council, repeal or relax the provisions of ^^}^^^ w that section within the whole or any part of their district, so far as to ^ allow any pilot or class of pilots under their jurisdiction to demand or receive, and any master to offer or pay, any rate less than the rate for the time being demandable by law. Under this section the following bye-law has been made, and approved by order in Council of 5th Feb. 1873 : From and after the 1st day of January 1873, no pilot licensed by the Trinity House for the River Thames between Gravesend and London Bridge only, shall incur any penalty for demanding or receiving, in respect of the pilotage within the limits aforesaid, of any ship exempted from compulsory pilotage any rate less than the rate for the time being demandable by law in respect of such ship, and no master of any such ship shaU. incur any penalty for offering or paying, in respect of the pilotage of any such ship within the limits aforesaid, any rate less than the rate for the time being demandable by law in respect of such ship, anything contained in the 358th section of "The Merchant Shipping Act, 1854," to the contrary notwithstanding. (^p) § 583. The Merchant Shipping Act, 1854,(2') further pro- vides : 380. Subject to any alteration to be made by the Trinity House (r) Rates of , there shall continue to be paid to all Trinity House pilots, in respect of pilotage. their pilotage services, such dues as are immediately before the time when this Act comes into operation payable to them in respect of such services. 381. Subject to any alteration to be made by the Trinity House, Payment of and notwithstanding anything hereinbefore contained, there shall be paid P'^^^^J"^ in respect of all foreign ships trading to and from the port of London, ^-^.^^^ trading and not exempted from pilotage, the following pilotage dues : that is to ^ and from the port J f (p) 35 & 36 Vict. c. 73. (r) The rates now payable to the London. (pp) A similar 0. in C. applying Trinity House are prescribed by Dye-law mutatis mutandis to pilotage between made under a. 333 nf the Act, and ap- the Nore and Eoohester was made on proved by Order in Council oi 1st JNov. 6th Sept. 1880. 1862. SeeAppx. No. 12. (q) 17 & 18 Vict. «. 104. Certificate of payment of pilotage to be given. Application of sucli monies by Trinity House. 460 CHAP. XII.— PILOTS. say, as to ships inwards, the full amount of dues for the distance piloted, and as to ships outwards, the full amount of dues for the dis- tance required by law ; and payment of such pilotage dues shall be made to the collector of customs 'in the port of London by some one or more of the following persons, that is to say, the master or other person having the charge of such ship, or the consignees or agents thereof who have paid or made themselves liable to pay any other charge for such ship in the said port of London ; and such pilotage may be recovered in the same manner as other pilotage dues are hereinbefore declared to be recoverable. 382. Subject to any alteration to be made by the Trinity House, the said collector of customs shall, on receiving any pilotage dues in respect of foreign ships, give to the person paying the same a receipt in writing ; and no officer of customs in the port of London shall grant a clearance or transire for any such foreign ship as aforesaid without the production of such receipt ; and if any such ship attempts to go to sea without such clearance or transire, any such officer may detain her until the said receipt is produced. 883. Subject to any alteration to be made by the Trinity House, the said collector shall pay over to the Trinity House the pilotage dues received by him in respect of any foreign ship ; and the Trinity House shall apply the same in manner following : In the first place, in paying to any pilot who may bring sufficient proof of his having had the charge of such ship such dues as would have been payable to him for such pilotage service if the ship had been a British ship, after deducting therefrom the poundage due to the Trinity House : In the second place, in paying to any unlicensed person who may bring sufficient proof of his having, in the absence of a licensed pilot, had the charge of such ship, such amount as the Trinity House may think proper, not exceeding the amount which would imder similar circumstances have been payable to a licensed pilot, after deducting poundage : And, lastly, shall pay over to the Trinity House Pilots Eund the residue, together with all poundage deducted as aforesaid. 384. Whenever any difierence arises between the master and the qualified pilot of any ship trading to or from the port of London as to her draught of water, the Trinity House shall, upon application by either party, made, in case of a ship inward-bound, within twelve hours after her arrival or at some time before she begins to discharge her cargo, and in the case of a ship outward-bound before she quits her moorings, appoint some proper officer, who shall measure the ship, and settle the difference accordingly : And there shall be paid to the officer measuring such ship, by the party against whom he decides, the follow- ing sums : (that is to say), one guinea if the ship be below and halt a guinea if the ship be above the entrance of the London Docks at Wapping. § 584. With respect to the Trinity House Pilot Fund the Act provides : Payments to 385. Subject to any alteration to be made by the Trinity House, be made to the there shall continue to be paid to them, and carried over to the Trinity Pilot Fund. House Pilot Fund,(s) the sums of money following : (that is to say) Settlement of differeuce asi to draught of ship. (s) As to transference of property and liabilities of Cinque Ports Pilots to Trinity House, see 16 & 17 Vict. c. 129, ss. 10-13 ; as to payments to Trinity House Pilotage Fund by Cinque Ports pilots, 35 & 36 Viot. c. 73, s. 10 ; and as to Bristol Chan- nel |)iit)ts, formerly licensed by Trinity House, 26 & 26 Vict. c. 63, s. 42. §§ 580-584.— THE TRINITY HOUSE. 461 (1) A poundage of sixpence in the pound upon the pilotage earnings of all pilots licensed by the Trinity House ; (2) A sum of three pounds three shillings to be paid on the first day of January in every year by every person licensed by the Trinity House to act as pilot in any district not under the superintendence of sub-commissioners, or in any part of such district : And any qualified pilot giving a false account of his earnings, or mak- ing default in payment of any sum due from him under this section, shall forfeit double the amount payable, and shall further be liable, at the discretion of the Trinity House, to suspension or dismissal. (i5) 386. Subject to any prior charges that may be subsisting thereon by Application of virtue of any Act or Acts of Parliament or otherwise, the said Trinity ^"°d. House Pilot Fund shall be chargeable in the first instance with such expenses as the Trinity House may duly incur in performance of their duties in respect of pilots and pilotage, and after payment thereof shall, subject to any alteration to be made by the Trinity House, be admin- istered by the Trinity House for the benefit of such pilots licensed by them after the first day of October, one thousand eight hundred and fifty-three, as are incapacitated for the performance of their duty by reason of age, infirmity, or accident, or of the widows and children of pilots so licensed, or of such incapacitated pilots only. 387. The two corporations of the Trinity Houses of the ports of ^°J^^ *° Hull and Newcastle (u) shall continue to appoint sub-commissioners, not P^ 7. °j °^^ being more than seven nor less than three in number, for the purpose Newcastle to of examining pilots in all districts in which they have been used to appoint sub- make such appointments, and may, with the consent of her Majesty commissioners in Council, but not otherwise, appoint like sub-commissioners for any other district situate within their respective jurisdictions ; but no pilotage district already under the authority of any sub-commissioners appointed by either of the said corporations shall be extended, except with such consent as aforesaid ; and no sub-commissioners appointed or to be appointed by the Trinity Houses of Hull and Newcastle shall be deemed to be pilotage authorities within the meaning of this Act, nor shall anything in this Act contained be held to confer upon the com- missioners for regulating the pilotage of the port of Kingston-upon- Hull, and of the river Humber, any jurisdiction of a difierent natiu'e or character from that which they have heretofore exercised. (<) As to appeals by pilots, see 52 & castle has now been transferred to the 53 Vict. 0. 68, s. 4, ante, § 555. Tyne, Sunderland, and Hartlepool Pilot- (u) The greater part of the pilotage age Commissioners respectively, jurisdiction of the Trinity House of New- ( 462 ) OHAPTBE XIII. PASSENGEES. §§ 585, 586.— The Master's authority over the Fassen- 462 464 466 467 §§ 587-582.— The Master's duty to the Passengers §§ 590, 59ll.— Bights oj Pas- sengers wnder their Con- tract § 5,92. — Right to Salvage § 593. — Statutory provisions for protection of Passengers 467 § 594. — Build and equip- ment of Steamships . .467 §§ 595-599.— Sua-vey of Pas- senger Steamier s . . .468 § 600.— l%e Passengers Acts 474 §§ 6Q1-&Q9.— Certificates of Clea/rance, amd require- ments thereof . . .476 § 610. — Computation of Length of Voyages . . 484 §§ 611-614. — Provisions and Medicines .... 484 §§ &15-&18.— Rights of Pas- sengers in case of Casualty 491 §§ 619-622. — Penalties for breach of Statutory Pro- visions . . . .496 §§ 623, 624.— CofomW Voy- ages, and Voyages to the United Kingdom . . 500 § 625. — Perms ofPassengers' Lists, Contract Tickets, &c. 502 § 626. — Offences on Passen- ger Steamier s . . .509 The Master's Authority over the Fassengers. The extent of § 585. The safety and conduct of the ship, passengers and th^rit'Tover °9'^go ^^^ entrusted to the master, and depend upon his skill and thepaBsengers. judgment. And as misconduct on the part of the passengers would seriously hinder him in the performance of his duties, and might in many cases imperil or lead to the loss of all, the law invests him with a large authority over them whilst the ship is at sea. The master may lawfully require whatever is necessary for the security of the ship, the proper discipline of the crew, or the safety of all on board, not only of the ship's company, who have expressly contracted to obey him, but of those also whom he has engaged to carry to their destination, on the implied con- dition of submission to his rule, (a) The exercise of such a wide, almost despotic, and necessarily undefined power as this, is of course limited strictly by the exigency of the case ; (6) but if (a) Abbott, 13th edit. p. 211 ; Boyce v. Shipping, i. 636 ; Angell on Carriers, Bayliffe, 1 Camp. 58. The law is the 5th edit. § 623. same in the United States. ParBons on (h) King v. FranUin, 1 F. & F. 360. §§ 585, 586.— THE MASTER'S AUTHORITY OVER THE PASSENGERS. 453 necessity arise, the master may enforce and justify orders which '-l^be extent of would otherwise render him liable to civil or even criminal pro- authority 'over CeedingS. tte passen- In the United States, the law on this subject is similar to our own, and there, as here, the master's authority over the passenger is limited by the necessity of the case. The master has a right to command and compel the service of a passenger, in case of actual danger from a peril of the sea ; as, for instance, to work at the pumps, if the ship leaks. (c) But he would have no right to compel a passenger, in any ordinary circumstances, where such necessity did not exist, to do duty as one of the crew ; and even where it did exist, he could not require more exertion or exposure than was strictly necessary and reasonable under all the circumstances. He certainly could not require the passenger to do what might be safe enough for a practised and skilled seaman, but what would be very dangerous to a landsman ; as, for example, to go out upon a yard-arm and furl a sail in a tempest, (c^) § 586. The master has authority to exercise so much force over the passengers as is necessary for the safety of the ship and the well-being and comfort of all on board. He is not bound to wait for actual mutiny. He may arrest any movements towards it, on the part either of the passengers or of the crew. He may, if necessary, arrest and imprison a passenger ; but to justify his doing so, the passenger must have acted in a way which was cal- culated, in the judgment of a reasonable man, to interfere with the safety of the ship or the due prosecution of the voyage.(e) The master has a right to require and to compel the passengers to give their assistance in cases of attacks by enemies, and if a passenger refuse to obey reasonable orders, the master may confine him, if such confinement is necessary to the discipline of the crew and the safety of the vessel.(/) He may exclude a passenger from the table where the other passengers mess, if he misconduct himself at table, or if his conduct is unbecoming a gentleman in the strict sense of the word ; or if he threaten the master with personal violence.(^) But to imprison a passenger for seven days in his cabin for alleged insolence to the master, is an excessive use of the master's power, and not justifiable.(A) If a master exceeds the limits of justice and moderation, he is (c) Parsons on Shipping, I. 637 ; The Aldworth v. Stewart, 14 L. T. N. S. 862; Branston, 2 Hag. 3 n. ; Newman v. Beq. v. Leggett, 8 C. & P. 191. Walters, 3 B. & P. at 615. (/) Boyce v. Bayliffe, 1 Camp. 58. {d) Parsons, i. 637. . (jr the proportion of at least thirty-six clear superficial feet to each statute adult, nor unless they shall be messed throughout the voyage at the same table with the master or first officer of the ship, nor unless the fare contracted to be paid by them respectively shall be in the propor- tion of at least thirty shillings for every week of the length of the voyage as computed under the provisions of this Act for sailing vessels pro- ceeding from the United Kingdom to any place south of the Equator, and of twenty shillings for such vessels proceeding to any place north of the Equator, nor unless they shall have been furnished with a duly signed contract ticket according to the form in Schedule (K)(A) of this Act ; the expression " upper passenger deck " shall signify and in- " Upper pas- elude the deck immediately beneath the upper deck, or the poop or senger deck." round house and deck house when the number of passengers and cabin passengers carried in such poop, round house, or deck house shall exceed one-third of the total number of passengers which such ship can lawfully carry on the deck next below; the expression "lower "Lower pas- passenger deck," the deck next beneath the upper passenger deck, not senger deck." being an orlop deck ; the expression " ship " shall signify any descrip- " Ship.'' tion of sea-going vessel, whether British or foreign ; . . . . the expression "master" shall signify the person who shall be borne on the ship's "Master." articles as master, or who, other than a pilot, shall for the time being be in charge or command of any such ship or " passenger ship " : (I) 4. This Act shall extend to every " passenger ship " {I) proceeding To what on any voyage from the United Kingdom to any place out of Europe and '"eesels and not being within the Mediterranean Sea, and on every colonial voyage Act^fxtendlf as hereinafter described, and in the particulars mentioned or referred to in sections one hundred, one hundred and one, and one hundred and two, to every ship bringing passengers into the United Kingdom from any place out of Europe and not being within the Mediterranean Sea ; but shall not extend to any of Her Majesty's ships of war, nor to any ships in the service of the Commissioners for executing the office of Lord High Admiral of the United Kingdom. 10. The master of every ship, whether a "passenger ship"(»i) or Facilities to otherwise, fitting or intended for the carriage of passengers, or which he given to the shall carry passengers upon any voyage to which this Act extends, shall f ™^^g officers afibrd to such emigration officer as aforesaid (w) at any port or place inspection of in Her Majesty's dominions, and, in the case of British ships, to Her all ships fitting Majesty's consular officer at any foreign port or place at which such for passengers. ship shall be or arrive, every facility for inspecting such ship, and for communicating with the passengers, and for ascertaining that the pro- visions of this Act, so far as the same may be applicable to such ships, (k) See form,^o«<, § 625. 119, because she carried more than the Definition {l) By 26 & 27 Vict. o. 51, s. 3, number of passengers mentioned in this of "Passen- the term " passenger ship " shall signify Act, if that number or proportion could Ser ship." every description of sea-going vessel, not be made up without reckoning cabin whether British or foreign, carrying, upon passengers, even although those persons any voyage to which the provisions of the had not received contract tickets, under said "Passengers Act, 1855," shall extend, the 71st sect. ; for the provisions of the more than fifty passengers, or a greater Act, with reference to contract tickets, number of passengers than in the pro- are only applicable in the case of pas- portion of one statute adult to every thirty- senger ships, and the non-delivery of the three tons of the registered tonnage of tickets on board a ship, that is not a such ships, if propelled by sails, or than passenger ship, does not render it one statute adult to every twenty tons, necessary to count the cabin passengers if propelled by steam. as steerage passengers. In mis V. Pearce, E. B. & E. 431, (m) Ante, § 600, n ^ ,^ , it was held that a sailing ship was not (n) Appointed by the Board of Irade a " passenger ship " witnin the mean- for the purpose of carrying this Act into ing of sects. 3 and 71 of 18 & 19 Vicf. c. execution, 18 & 19 Vict. c. 119, s. 8. 476 CHAP. XIII.— PASSENGERS. No passenger ship to clear without certificate from emigration officer, nor until hond he given to the Crown. Penalty on ^^^^ ^^^ 7tj (2) In the case of an emigrant ship give, or direct the emigration or other officer to give, a certificate of clearance under the above- mentioned enactments, and (3) In the case of a refusal of a certificate as to lights or fog signals, give or direct a surveyor or other person appointed by them to give a certificate under section thirty of the Merchant Shipping Act Amendment Act, 1862. Subject to any order made by the judge of the court of survey, the costs of and incidental to an appeal under this section shall follow the event. Subject as aforesaid, the provisions of this Act with respect to the court of survey and appeals thereto, so far as consistent with the tenor thereof, shall apply to the court of survey when acting under this section, and to appeals under this action. Where the survey of a ship is made for the purpose of a declaration or certificate under the ahove-recited enactments, the person appointed to make the survey shall, if so required by the owner, be accompanied on the survey by some person appointed by the owner, and in such case, if the said two persons agree, there shall be no appeal to the court of survey in pursuance of this section. § 603. The penalty for proceeding to sea without a certificate of clearance is prescribed by the Passengers Act Amendment Act, 1863,(2') ^s follows : 13. If any passenger ship shall clear out or proceed to sea without Forfeiture o( the master having first obtained such certificate of clearance, or without ship if master his having joined in executing such bond to the crown as by the said proceeds to sea Passengers' Act, 1855, are required, or if such ship, after having put to ^rtificate of sea, shall put into any port or place in the United Kingdom in a clearance &c. damaged state, and shall leave or attempt to leave such port or pl^ce with passengers on board without the master having first obtained such certificate of clearance as is required by section fifty of the said Passengers Act, 1855, such ship shall be forfeited to the use of Her Majesty, and may be seized by any officer of the customs, if found, within two years from the commission of the offence, in any port or place in Her Majesty's dominions ; and such ship shall thereupon be dealt with in the same manner as if she had been seized as forfeited for an ofience incurring forfeiture under any of the laws relating to the customs : provided that it shall be lawful for [the Board of Trade] to release if [they] shall think fit, any such forfeited ship from seizure and forfeiture, on payment by the owner, charterer, or master thereof, to the use of Her Majesty, of such sum not exceeding two thousand pounds as [the Board of Trade] may by any writing under [their] hand specify. § 604. The Passengers Act, 1855,(7-) further enacts: 13. No ship shall carry passengers or cabin passengers on more than AVliere pas- two decks ; provided, that cabin passengers in a proportion not exceed- sengers may ing one cabin passenger for every one hundred tons of the ship's °^ earned, registered tonnage, or sick persons placed in a hospital, as hereinafter provided, may be carried in a poop or deck house, notwithstanding that passengers are carried on two other decks, and if passengers are carried under the poop or in any round house or deck house, such poop, round house, or deck house shall be properly built and secured to the satis- faction of the emigration officer at the port of clearance : For any breach of this enactment the master of the ship shall for each ofience (q) 26 & 27 Vict. c. 51. (»■) 18 & 19 Vict. c. 119. 478 Bules for determining the number of passengers to be earned. Space check. Penalty. Nothing to extend to repeal 16 & 17 Vict. c. 84. CHAP. XIII. -PASSENGERS. be liable to a penalty not exceeding five hundred pounds nor less than twenty pounds sterling. 14. For determining the number of passengers to be carried in any " passenger ship " the following rules shall be observed : (2) No ship shall carry under the poop, or in the round house or deck house, or on the " upper passenger deck "(«), a greater number of passengers than in the proportion of one statute adult to every fifteen clear superficial feet of deck allotted to their use : (3) No ship shall carry on her lower passenger (s) deck a greater number of passengers than in the proportion of one statute adult to every eighteen clear superficial feet of deck allotted to their use: Provided nevertheless, that if the height between such lower passenger deck and the deck immediately above it shall be less than seven feet, or if the apertures (exclusive of side scuttles) through which light and air shall be admitted together to the lower passenger deck shall be less in size than in the proportion of three square feet to every one hundred superficial feet of the lower passenger deck, no greater number of passengers shall be carried on such deck than in the proportion of one statute adult to every twenty- five clear superficial feet thereof : (4) No ship, whatever be her tonnage or superficial space of " passenger decks," shall carry a greater' number of passengers on the whole than in the proportion of one statute adult to every five superficial feet, clear for exercise, on the upper deck or poop, or (if secured and fitted on the top with a railing or guard to the satisfaction of the emigration officer at the port of clearance) on any round house or deck house : (5) In the measurement of the passenger decks, poop, round house, or deck house, the space for the hospital and that occupied by such portion of the personal luggage of the passengers as the emigration officer may permit to be carried there shall be included : If there shall be on board of any ship at or after the time of clear- ance a greater number of passengers (except by births at sea) than in the proportions respectively hereinbefore mentioned, the master of such ship shall be liable to a penalty not exceeding twenty pounds nor less than five pounds sterling for each passenger constituting such excess. 15. Provided nevertheless, that nothing in this Act contained shall extend to repeal or vary an Act passed in the session of Parliament holden in the sixteenth and seventeenth years of the reign of her present Majesty, chapter eighty-four, entitled " An Act to amend the Passengers Act, 1852, so far as relates to the Passages of Natives of Asia or Africa, and also Passages between the Island of Ceylon and certain parts of the East Indies." (t) § 605. With respect to the passengers' lists, the Act provides : 16. The master of every ship, whether a "passenger ship," or otherwise, carrying passengers on any voyage to which this Act extends, shall, before demanding a clearance for such ship, sign two lists,(M) carried on voyages irom Ceylon to certain parts of India. See also as to Hong- Kong, 18 & 19 Vict. c. 104 ; and as to Australasia, 24 & 25 Vict. c. 52. («) Ante, § 600. (t) This enables ships to carry, under certain circumstances, natives of Asia and Africa at the rate of one for every twelve superficial feet of passenger deck, and empowers the Governor of Ceylon to re- gulate the number of passengers to be (m) By 26 & 27 Vict. o. 51, s. 6, in the passenger lists required by the sixteenth and seventeenth sections of the Passengers Cabin passengers to be included in passenger lists. lists to be delivered in duplicate by tbe master before clearance. List of passengers embarked after clearance to be delivered by master. §§ 601-609.— CERTIFICATES OF CLEAEANOE, ETC. ^jg made out according to the form contained in schedule (B.)(a!) hereto annexed, correctly setting forth in the manner therein directed the name and other particulars of the ship, and of every passenger on board thereof; and the said lists, when countersigned by the emigration officer, where there is one at the port, shall be delivered by the master to the officer of the customs from whom a clearance of the said ship shall be demanded, and such officer shall thereupon also countersign and return to the said master one of such lists, hereinafter called "the master's list." In case of noncompliance with any of the requirements of this section on the part of the master, or if such lists shall be wilfully false, the master shall for each offence be liable to a penalty not exceeding one hundred pounds nor less than five pounds sterling. 17. If afc any time after such lists (m) shall have been signed and de- livered as aforesaid any additional passenger shall be taken on board, in every such case the master shall, according to the form aforesaid, add to " the master's list " {y) the names and other particulars of every such additional passenger, and shall also sign a separate list, made out ac- cording to the form aforesaid, containing the names and other parti- culars of every such additional passenger, and such last-mentioned list, when countersigned by the emigration officer, where there is one at the port, shall, together with " the master's list " to which such addition shall have been made, be delivered to the chief officer of customs as aforesaid, and thereupon such officer shall countersign " the master's list," and shall return the same to the said master, and shall^ retain the separate list, and so on in like manner whenever any additional pas- senger or passengers may be taken on board ; or if no officer of customs shall be stationed at the port or place where such additional passenger or passengers may be taken on board, the said lists shall be delivered to the officer of customs at the next port or place at which such vessel shall touch or arrive and where any such officer shall be stationed, to be dealt with as hereinbefore mentioned : Provided that when any addi- tional passengers shall be taken on board the master shall obtain a fresh certificate from the emigration officer of the port that all the require- ments of this Act have been duly complied with before the ship shall proceed to sea : In case of noncompliance with any of the requirements of this section, the master of such ship shall for each offence be liable to a penalty not exceeding fifty pounds nor less than five pounds sterling. 18. If any person shall be found on board any passenger ship with Penalty on intent to obtain a passage therein without the consent of the owner, noncompliance, charterer, or master thereof, such person, and every person aiding and abetting him in such fraudulent intent, shall respectively be liable to a penalty not exceeding [twenty pounds] («), and in default of payment, to Penalty on imprisonment, with or without hard labour, for a period not exceeding persons found three calendar months ; and such person so found on board naay be ^^^^^J^ ^ '^' taken before any justice of the peace, without warrant, and such justice consent of may summarily hear the case, and on proof of the" offence convict such owners, &c. offender as aforesaid. § 606. The penalty for clearing without survey is thus prescribed : Act, 1865, to be delivered by tbe master of every ship before demanding a clearance, there shall be set forth, in addition to the other particulars required by the Passengers Act, 1855, the names of all cabin passengers on board such ships, specifying whether they respectively are under or over twelve years of age, and at what place the passengers and cabin passengers respectively are to be landed, and the Schedule B. to the said Act shall be altered accordingly. (x) See post, § 625. («) See ante, § 16. . (z) So amended by 26 & 27 Vict. o. 51, s. 7. 480 CHAP. XIII.— PASSENGEES. All passenger ships to be sur- veyed before clearing out. Penalty on noncompliance. Power to owners to appeal against surveyors' report of ships not being seaworthy. 19. No "passenger ship "(a) shall clear out or proceed to sea unless she shall have been surveyed (6) under the direction of the emigration officer at the port of clearance, but at the expense of the owner or charterer thereof, by two or more competent surveyors to be appointed by the [Board of Trade] for each port at which there may bean emigra- tion officer, and for other ports by the commissioners of customs, nor unless it shall be reported by such surveyors that such " passenger ship " is in their opinion seaworthy, and fit for her intended voyage. The survey shall be made before any part of the cargo is taken on board, ex- cept so much as may be necessary for ballasting the ship, and such portion of cargo if laden on board shall be shifted, if required by the emigration officer or surveyors, so as to expose to view successively every part of the frame of the ship. In case of noncompliance with any of the requirements of this section, the owner, charterer, or master of the ship, or any of them, shall for each offence be liable to a penalty not exceeding one hundred pounds nor less than five pounds sterling : Provided always, that in case any " passenger ship " shall be reported by any such surveyors not to be seaworthy, or not fit for her said in- tended voyage, the owner or charterer, if he shall think fit, may require, by writing under his hand, the emigration officer, or in his absence the chief officer of customs, to appoint three other competent surveyors, of whom two at least shall be shipwrights, to survey the said ship, at the expense (c) of the said owner or charterer; and the said officer shall thereupon appoint such surveyors, who shall survey the said ship, and if they shall, by an unanimous report under their hands (but not other- wise), declare the said ship to be seaworthy, and fit for her intended voyage, the said ship shall then, for the purposes of this Act, be deemed seaworthy for such voyage. § 607. With respectto construction, space, and accommodation, the Act proceeds : 20. In every "passenger ship"(cZ) the beams supporting the construction of n passenger decks " shall form part of the permanent structure of the dec™ *" ^'^'^P • they shall be of adequate strength, in the judgment of the emigration officer at the port of clearance, and shall be firmly secured to the ship to his satisfaction. The " passenger decks " shall be at least one inch and a half in thickness, and shall be laid and firmly fastened upon the beams continuously from side to side of the compartment in which the pas- sengers are berthed. The height between that part of any deck on which passengers are carried and the deck immediately above it shall not be less than six feet. In case of noncompliance with any of the re- quirements of this section, the owner, charterer, or master of the ship, or any of them, shall for each offence be liable to a penalty not exceed- ing fifty pounds nor less than five pounds sterling. 21. There shall not be more than two tiers of berths on any one deck in any "passenger ship,"(d) and the interval between the floor of the berths and the deck immediately beneath them shall not be less than six inches, nor the interval between each tier of berths and between the uppermost tier and the deck above it less than two feet six inches : the As to the Arrangement and size of berths. Penalty on surveyor, &o., receiving gratuity, &c. (a) Ante , § 600i n. (6) This survey is alternative with that under the Merchant Shipping Act, 1854. See 39 & 40 Vict. c. 80, s. 18 ; ante, § 596. (c) By 35 & 36 Vict. c. 73, s. 15, if any surveyor, or any person employed under the authority, of the Passengers Act, 1855, demands or receives directly or indirectly. otherwise than by the direction of the Board cf Trade, any fee, remuneration, or gratuity whatever in respect of any of the duties performed by him under this Act or the Acts amended hereby, he shall for every such offence incur a penalty not exceeding fifty pounds. (d) Ante § 600, ii. §§ 601-609.— CERTIFICATES OF CLEARANCE, ETC. berths shall be securely constructed, and of dimensions not less than six feet in length and eighteen inches in width for each statute adult, and shall be sufficient in number for the proper accommodation of all the passengers contained in the lists of passengers hereinbefore required to be delivered by the master of the ship. No part of any berth shall be placed within nine laches of any water-closet erected in the between- decks. In case of noncompliance with any of the requirements of this section, the owner, charterer, or master of the ship, or any of them, shall for each offence be liable to a penalty not exceeding fifty pounds nor less than five pounds sterling. 22. In every " passenger ship " (e) all the male passengers of the age of fourteen years and upwards who shall not occupy berths with their wives shall, to the satisfaction of the emigration officer at the port of clearance, be berthed in the fore part of the ship, in a compartment divided oflF from the space appropriated to the other passengers by a substantial and well- secured bulkhead, without opening into, or com- munication with, any adjoining passenger berth, or in separate rooms if the ship be fitted with enclosed berths : not more than one passenger, unless husband and wife, or females or children under twelve years of age, shall be placed in or occupy the same berth. In case of noncom- pUance with any of the requirements of this section, the owner, char- terer, or master of the ship, or any of them, shall for each offence be liable to a penalty not exceeding fifty pounds nor less than five pounds sterUng. 23. No berths in a "passenger ship "(e) occupied by passengers during the voyage shall be taken down until forty-eight hours after the arrival of such ship at the port of final discharge, unless all the pas- sengers shall have voluntarily quitbed the ship before the expiration of that time. In case of noncompliance with any of the requirements of this section, the master of such ship shall be liable for each offence to a penalty not exceeding fifty pounds nor less than five pounds sterling. 24. In every " passenger ship "(e) there shall be a sufficient space, properly divided off to the satisfaction of the emigration officer at the port of clearance, to be used exclusively as a hospital or hospitals for the passengers : this space shall be under the poop, or in the round house, or in any deck house which shall be properly built and secured to the satisfaction of such emigration officer, or on the upper passenger deck, and not elsewhere, and shall in no case be less than eighteen clear superficial feet for every fifty passengers which the ship shall carry. Such hospitals shall be fitted with bed-places, and supplied with proper beds, bedding, and utensils, to the satisfaction of the emigration officer at the port of clearance, and throughout the voyage kept so fitted and supplied. In case of noncompliance with any of the requirements of this section, the owner, charterer, or master of the ship shall for each offence be liable to a penalty not exceeding fifty pounds nor less than five pounds sterling. 25. No " passenger ship "(e) shall clear out or proceed to sea unless fitted, to the satisfaction of the emigration officer at the port of clearance, with at least two privies, and with two additional privies on deck for every one hundred passengers on board, and in ships carrying as many as fifty female passengers, with at least two water-closets under the poop, or elsewhere on the upper deck, to the satisfaction of such emi- gration officer, for the exclusive use of the women and young children; all of which privies and water-closets shall be firmly constructed and maintained in a serviceable and cleanly condition throughout the voyage, 481 Single men to lie berthed in a compartment. As to numbers and sexes in one berth. Penalty. Bertha not to be removed till landed. Space to be allotted as a hospital. Penalty. Regulation as to construction of privies. (e) Ante § 600, n. 2 H 482 CHAP. XIII.— PASSENGERS. and shall not be taken down until the expiration of forty-eight hours after the arrival of the ship at the port of final discharge, unless all the passengers sooner quit the ship ; provided that such privies shall be placed in equal numbers on each side of the ship, and need not in any case exceed twelve in number. In case of noncompliance with any of the requirements of this section, the master shall be liable to a penalty for each offence not exceeding fifty pounds nor less than five pounds sterling. As to light and 26. No " passenger ship "{g) shall clear out or proceed to sea without Teotilation. such provision for affording light and air to the passenger decks as the circumstances of the case may, in the judgment of the emigration officer at the port of clearance, require ; nor if there are as many as one hundred passengers on board, without having an adequate and proper ventilating apparatus, to be approved by such emigration officer and fitted to his satisfaction ; the passengers shall, moreover, have the free and unimpeded use of the whole of each hatchway situated over the space appropriated to their use, and over each such hatchway there shall be erected such a boobyhatch or other substantial covering as shall, in the opinion of such emigration officer, afford the greatest amount of light and air, and of protection from wet, as the case will admit. In Penalty on case of noncompUance with any of the requirements of this section, noncompliance, the owner, charterer, or master of the ship, or any of them, shall for each offence be liable to a penalty not exceeding fifty pounds nor less than twenty pounds. These requirements as to space and accommodation may be modified by the Board of Trade under the Merchant Shipping Act, 1876,(A) which provides as follows : 20. It shall be lawful for the Board of Trade, if satisfied that the food, space, accommodation, or any other particular or thing provided in an emigrant ship for any class of passengers is superior to the food, space, accommodation, or other particular or thing required by the Passengers Act, 1855, and the Acts amending the same, to exempt such ship from any of the requirements of those Acts with respect to food, space, or accommodation, or other particular or thing, in such manner and upon such conditions as the Board of Trade may think fit. § 608. The Passengers Act, 1855,(i) further provides: Regulations as 27. There shall likewise be on board each " passenger ship "{h), if pro- t°*''®<=*"''".5'"'S ceeding to any place to the southward of the Equator, at least two anohors'ana' chronometers, and if to any place to the northward of the Equator at fire engines, least one chronometer, and on board of all " passenger ships " at least &c. three steering and one azimuth compass, four properly fitted life buoys, kept ready at all times for immediate use, and some adequate means, to be approved by the emigration officer at the port of clearance, of making signals by night and in fogs ; also a fire engine, in proper working order, and of such description and power and either with or without such other apparatus for extinguishing fire as such officer may approve ; and not less than three bower anchors of such weight, and with cables of such length, size, and material, as in the judgment of such emigration officer shall be sufficient for the size of the ship. In case of noncom- pliance with any of the requirements of this section, the master of the ship shall for each offence be liable to a penalty not exceeding fifty pounds nor less than five pounds sterling. Eules have also been made under the Merchant Shipping (Life Power lo modify Passengers Acts as to food, space, and accommoda- tion in emi- grant ships. (a) Ante § 600 n. (A) 39&40Vict. 0, 80. (i) 18 & 19 Vict. 0. 119. (Ji) Ante § 600, n. lorsea and attle may le carried a passen- ;er ships inder ertain "ions. §§ 601-609.— CERTIFICATES OF CLEARANCE, ETC. Saving Appliances) Act, 1888,(Q as to boats, life jackets, and other appliances for saving life at sea, which every owner and every master of a British ship are bound to see provided for their ship, under heavy penalties.(m) By the Passengers Act, 1855 -.(n) 28. Every " passenger ship "(o) shall be manned with an efficient crew for her intended voyage, to the satisfaction of the emigration officer from whom a clearance of such ship may be demanded, and the strength of the crew shall not be diminished, nor anyof the men changed, when once passed by such emigration officer, without his consent in writing, or that of the [superintendent of Mercantile Marine offices] of the port of clearance, as required by the laws then in force regulating the shipping of seamen on board merchant vessels. Where the consent of the [superintendent] is obtained, it shall, within twenty-four hours thereafter, be lodged with such emigration officer. In case of noncompliance with any of the require- ments of this section, the master of the ship shall for each offence be liable to a penalty not exceeding fifty pounds : Provided, that if the emigration officer shall consider the crew inefficient, and the owner or charterer of the ship shall thereupon appeal in writing to the [Board of Trade,] [the Board of Trade] shall, at the expense of the appellant, appoint two other emigration officers or two competent persons to examine into the matter, and the unanimous opinion of the persons so appointed, ex- pressed under their hands, shall be conclusive on the point. § 609. Certain articles are prohibited as cargo on board passenger ships : 29. ISTo "passenger ship"(o) shall clear out or proceed to sea if there shall be on board as cargo, horses,(^) cattle,(p) gunpowder,(5) (Z) 61 & 52 Vict. c. 24. (m) See ante §§ 108, 109, and 39 & 40 Vict. c. 80, B. 21, ante § 594, Appx. No. 3. in) 18 & 19 Vict. c. 119. (0) Ante § 600, n. (p) By 26 & 27 Vict c. 51, s. 8, not withstanding the prohibition contained in the twenty-niuth section of the said Passengers Act, 1855, horses and cattle may be carried as cargo in passenger ships, subject to the following con- ditions : (1) That the animals be not carried on any deck below the deck on which passengers are berthed, nor in any compartment in which passengers are berthed, nor in any adjoining compartment, except in a ship built of iron, and of which the compartments are divided off by water-tight bulkheads extending to the upper deck. (2) That clear space on the spar or weather deck be left for the use and exercise of the passengers, at the rate of at least ten superficial feet for each statute adult. (3) That no greater number of pas- sengers be carried than in the pro- portion of fifteen to every one hundred tons of the ship's registered tonnage. (4) That in passenger ships of less than five hundred tons registered ton- 483 Regulations as to carrying an efficient crew. nage not more than two head of large cattle be carried, nor in passenger ships of larger tonnage more than one additional head of such cattle for every additional two hundred tons of the ship's registered tonnage, nor more in all in any passenger ship than ten head of such cattle ; the term Definition of "large cattle" shall include both term "laro'e sexes of horned cattle, deer, horses, cattle." and asees ; four sheep of either sex, or four female goats, shall be equi- valent to, and may, subject to the same conditions, be carried in lieu of one head of large cattle. (5) That proper arrangements be made, to the satisfaction of the emigration officer at the port of clearance, for the honsing, maintenance, and cleanliness of the animals, and for the stowage of their fodder. (6) Not more than six dogs, and no Dogs and pigs, pigs or male goats, shall be con- veyed as cargo in any passenger ship ; for any breach of this pro- hibition, or of any of the above conditions, the owner, charterer, and master of the ship, or any of them, shall be liable for ench oifence to a penalty not exceeding three hundred pounds nor less than five pounds. (q) This section applies to every ex- 484 Certain articles prohibited as cargo and ballast. Stowage of cargo, stores, and luggage to be approved by emigration officer. Computation of voyages. Before clearance, provisions and water to be surveyed. CHAP. XIII.— PASSENGERS. vitriol, lucifer matches, guano, or green hides, nor if there shall be on board any other article or number of articles, whether as cargo or ballast, which by reason of the nature or quantity or mode of stowage thereof shall, either singly or collectively, be deemed by the emigration ofB.cer at the port of clearance likely to endanger the health or lives of the pas- sengers or the safety of the ship: no part of the cargo, or of the passengers' luggage, or of the provisions, water, or stores, whether for the use of the passengers or of the crew, shall be carried on the upper deck or on the " passenger decks," unless in the opinion of such emigra- tion officer it shall be so placed as not to impede light or ventilation, nor interfere with the comfort of the passengers ; nor unless the same be stowed and secured to the satisfaction of such emigration officer, and the space occupied thereby or rendered, in the opinion of such officer, unavailable for the accommodation of the passengers, shall (unless occu- pied by passengers' luggage) be deducted in calculating the space by which, under the provisions of this Act, the number of passengers is regulated. In case of noncompliance with any of the requirements of this section, the owner, charterer, or master, or any of them, shall for each ofFence be liable to a penalty not exceeding three hundred pounds nor less than five pounds sterlirig.(r) Computation of Length of Voyages. § 610. The length of voyage for the purposes of the Passengers Acts is to be computed as follows : 30. For the purposes of this Act, the length of the voyage for a " passenger ship "(s) proceeding from the United Kingdom to the under-mentioned places respectively shall be determined by the following scale : (that is to say)(<) For the like purposes, the [Board of Trade] from time to time, by any notice in writing, published in the London Gazette, may nevertheless declare what shall be deemed to be the length of voyage from the United Kingdom to any of the said hereinbefore mentioned places, or to any other part or place whatsoever, and may fix such different lengths of voyage as they may think reason- able for such different descriptions of vessels as af oresaid.(<) Provisions and Medicines. § 611. The regulations with respect to provisions and medi- cines are as follows : 31. Before any "passenger ship" (g) shall be cleared out the emigration officer at the port of clearance shall survey or cause to be surveyed by some competent person the provisions and water by this Act required to be placed on board for the consumption of the passen- gers, and shall satisfy himself that the same are of a good and wholesome quality {y) and in a sweet and good condition, and are in plosive within the meaning of the Ex- plosives Act, 1875. See 38 Vict. i;. 17, ». 42, ante § 258, n. (r) But by 33 & 34 Vict. c. 95 (The Passengers Amendment Act, 1870), s. 3, "[The Board of Trade] may, by order under their hand, authorise the carriage as cargo in any passenger ship (subject to such conditions and directions as may be specified in the order) of naval and military stores for the public service, and such stores may, notwithstanding any- thing contained in the principal Act (18 & 19 Vict. c. 119), be carried accord- ingly in Buch passenger ship. " Such order shall be addressed to the emigration officer or person performing the duties of emigration officer at the port of clearance, and shall be by him counter- signed and delivered to the master of the passenger ship to which it refers, and shall be delivered up by the master to the chief officer of customs at the port where the stores are discharged. " The master shall comply with all the conditions and directions specified in the order, and noncompliance therewith shall be_ deemed noncompliance with the re- quirements of the said section twenty -nine of the principal Act." («) Ante § 600, n. (y) See also 17 & 18 Vict. c. 104, S. 221, OMte § 524. §§ 610-614.— PROVISIONS AND MEDICINES. quantities sufficient to secure throughout the voyage the issues herein- after prescribed :(z) in addition to the allowance of pure water for the use of each passenger there shall be shipped for cooking purposes an additional supply of pure water after the rate of at least ten gallons for (i) The following scale was substituted for the one originally prescribed by the Act, by a notice of the Board of Trade of June 19th, 1891. 485 '&u 1—1 b>i4-i t4 ->9 'M I—I Q> -ta u So S S o 0 g.:S ^ g a ^ o - - ! ft-*3 ® S -a — ■! m "Si ri m ■+^ "2 J o n s^o o W" ti_L5 «s ;:!p,'«PM-3-3B.ia.sa -3 * 3 W 03 * * s£n£S» ■s £i^ ^ if ■ Cu ^^ ^7 m j_i *-4 CS .2" Sog'" 605 K- ■<3-s^°o.s o a S o >. o ° ^ £ ° g 0) " 1 '*i rd u5 - ■ ^-1 C3'^ O h OS a-s y -t: O oq S.2o &:» ?"3 fe odSS a!2i 1 e< H E-i t< B (2) Sec. 35 ^os<§ 612. 486 Provisions for the crew not to be inferior to those for the passengers. PenaltT. Power to emigration officer to reject and mark bad provisions, and direct the same to be landed, and if reahipped parties liable to a penalty. Water tanks or casks to be approved by emigration officer. Provisions for touching at intermediate ports to fill up water. CHAP. XIIT.— PASSENGEES. every day of the presciibed length of voyage («s) for every one hundred statute adults on board ; and also for the use of the crew and all other persons on board an ample supply of wholesome provisions and pure water, which shall not be inferior in quality to the supply of the same articles provided for the consumption of the passengers : all such water, provisions, and stores shall be provided and properly stowed away in accordance with the requirements of the twenty-ninth section of this Act, by and at the expense of the owner, charterer, or master of the ship ; and if a clearance be obtained for any " passenger ship " (a) which shall not be then stored with the requisite quantities of such water, provisions, and stores as are required by this Act, the owner, charterer, or master of such ship, or any of them, shall for each offence be liable to a penalty not exceeding three hundred pounds sterling.(6) 32. If such emigration oflScer shall consider that any of the pro- visions or stores or water are not of a good and wholesome quality, or are not in a sweet and good condition, it shall be lawful for him to reject and mark the same, or the packages or vessels in which they are contained, and to direct the same to be landed or emptied ; and if such rejected provisions or stores or water shall not thereupon be forthwith landed or emptied, or if, after being landed, the same or any part thereof shall be reshipped in such ship, the owner, chai^terer, or master thereof, or any of them, or if reshipped in any other " passenger ship " (a) the person causing the same to be reshipped, shall for each offence be liable to a penalty not exceeding one hundred pounds sterling. 33. In every " passenger ship " {a) the water to be laden on boai-d, as hereinbefore required, shall be carried in tanks or in casks to be approved by the emigration officer at the port of clearance. When casks are used, they shall be sweet and tight, of sufficient strength, and if of wood pi'operly charred inside, and shall not be capable severally of containing more than three hundred gallons each : the staves of the water casks shall not be made of fir, pine, or soft wood. In case of noncompliance with any of the requirements of this section the owner, charterer, or master of such ship, or any of them, shall for each offence be liable to a penalty not exceecUng fifty pounds.(6) 34. If any " passenger ship " (a) shall be intended to call at any intermediate port or place during the voyage, for the purpose of taking in water, and if an engagement to that effect shall be inserted in the bond mentioned in the sixty-third section of bhis Act (c) then it shall be sufficient to place on board at the port of clearance such supply of water as may be requisite, according to the rate hereinafter mentioned, for the voyage of the said ship to such intermediate port or place, sub- ject to the following conditions : (that is to say) Krst, That the emigration officer signify his approval in writing of the arrangement, to be carried amongst the papers of the ship, and exhibited to the chief officer of customs, or to Her Majesty's consular officer, as the case may be, at such intermediate port or place, and to be delivered to the chief officer of customs, or to Her Majesty's consular officer, as the case may be, on the arrival of the said ship at the final port or place of discharge : Secondly, That if the length of either portion of the voyage, whether to such intermediate port or place, or from such intermediate port or place to the final port or place of discharge, be not prescribed in or under the provisions of this Act, the emigration officer at the {zz) Ante sec. 30, § 610. (o) Ante § 600, n. (i) See 39 & 40 Viot. o. 80, s 20, ante §607. (c) See post § 620, and for form of bond § 625. §§ 610-614.— PROVISIONS AND MEDICINES. 487 port of clearance shall in every such case declare the same in writing to be carried amongst the papers of the ship : Thirdly, That the ship shall have on board at the time a clearance is demanded tanks or water casks, of the description hereinbefore mentioned, suificient for stowing the quantity of water required for the longest of such portions of the voyage as aforesaid. (d) § 612. Dietary scales are thus prescribed by the Act : 3."). The master of every " passenger ship " (e) shall, during the voyage, including the time of detention at any place before the ter- mination thereof, issue to each passenger, or where the passengers ai'e divided into messes, to the head man for the time being of each mess on behalf and for the use of all the members thereof, an allow- ance of pure water and sweet and wholesome provisions, of good quality, according to the following dietary scale : (that is to say) if the length of the voyage, computed as hereinbefore mentioned,{ee) shall not exceed eighty-four days for ships propelled by sails only, or fifty days for ships propelled by steam, or steam in aid of sails, then according to the dietary scale marked " A " ; but if the length of the voyage, computed as aforesaid, shall exceed eighty-four days for ships propelled by sails only, or fifty days for ships propelled by steam, or steam in aid of sails, then according to the dietary scale marked " B." Water. Three quarts of water daily to each statute adiilt, exclusive of the quantity hereinbefore specified as necessary for cooking the articles hereinafter required to be issued in a cooked state. Provisions. Weekly, per statute adult : Bread or biscuit, not navy biscuit . ■Wheaten flour . Oatmeal nice . Peas . Potatoes Beef , Pork. Tea . Sugar Salt . Mustard Black or white pepper A'inegiir Time juico(/') Preserved nieiit Suet . BaisiiiB Butter nferior in quality to ground SCAIK A. SOAIB B. For voyagea not exceeding 84 dtiya for sailing vessels, or 60 days for steamors. lbs. oz. For voyages exceeding 84 days for sailing vessels, or 60 days for steamers. lbs. oz. 3 8 3 8 1 O 1 s 1 1 8 8 1 8 1 8 «> 2 1 4 1 4 1 1 •) o 1 1 o 2 I i i i one gill. one gill. _ 6 1 6 _ 8 - - 4 Dietary scales of provisions. (rf) See 39 & 40 Vict. c. 80, s. -.'0, ante § 607. (e) Ante § 600, n. (ft) AtiU § 610, note (t). (/) By '26 & 27 Vict. o. 51, s. 9, Issue of tlie requirements of the tbirty-fiftlv limejuico. section of the said "Passengers Act, 1855,'' that six ounces of lime juice 488 CHAP. XIII.— PASSENGERS. SUBSTITUTIONS.(gr) Substitutions at the following rates may, at the option of the master of any " passenger ship,"(A) be made in the above dietary scales, that is to say : — Penalty on noncompli- ance. Size of messes. Provisions to be issued daily, and articles which require cooking to be cooked. Power to Board of Trade to authorise an alternative dietary scale. 1 lb. of preserved meat 1 lb. of flour or of bread or biscuit, or i lb. of beef or of pork , 1 lb. of rice i lb. of preserved potatoes 10 oz. of currants . , . . 3J oz. of cocoa or of coflee, roasted and ground J lb. of treadle .... 1 gill of mixed pickles for 1 lb. of salt pork or beef. for 1 J lb. of oatmeal, or 1 lb. of rice or 1 lb. of peas, for 1 J lb. of oatmeal, or vice versd. for 1 lb. of potatoes, for 8 oz. of raisins. for 2 oz. of tea. for J lb. of sugar, for 1 gill of vinegar. Provided that the substituted articles be set forth in the contract tickets of the passengers. In case of noncompliance with any of the require- ments of this section, the master of the ship shall be liable for each offence to a penalty not exceeding fifty pounds sterling. 36. The messes into which the passengers in any passenger ship may be divided shall not consist of more than ten statute adults in each mess, and members of the same family, whereof one at least is a male adult, shall be allowed to form a separate mess. The provisions accord- ing to the above scale shall be issued, such of them as require to be cooked in a properly cooked state, daily before two o'clock in the after- noon, to the head person for the time being of each mess on behalf and for the use of the members thereof. The first of such issues shall be made before two o'clock in the afternoon of the day of embarkation to or for such passengers as shall be then on board. In case of noncom- pliance with any of the requirements of this section, the master of the ship shall for each offence be liable to a penalty not exceeding fifty pounds, (i) 37.. The [Board of Trade] may from time to time, by any notice for that purpose published in the London Gazette, authorise the issue of provisions in any " passenger ship "(A) according to such other dietary scale (besides that hereinbefore prescribed) as shall in [its] opinion contain in the whole an equivalent amount of wholesome nutriment ; and after the publication of such notice it shall be lawful for the master of any " passenger ship"(/t) to issue provisions to his passengers either according to the scale by this Act prescribed, or according to the scale authorised by the [Board of Trade], whichever may have been set forth in the contract tickets of the passengers: (A) Provided always, that should be issued weekly to each statute adult on voyages exceeding eighty-four days in duration for sailing vessels, or fifty days for steamers, shall be con- fined to the period when the ship shall be within the tropics ; during the other portions of the voyage the issue of lime juice shall be at the discretion of the medical practitioner on beard ; or, if there be no such practitioner on board, at the discretion of the master of the ship. And see 30 & 31 Vict. .;. 124, ss. 4-6, ante § 525. {g) By 26 & 27 Vict. o. 51, s. 10, in addition to the substitutions in the dietary scales specified in the thirty-fifth section of the said "Passengers Act, 1855," soft bread baked on board may be issued, at the option of the master of any passenger ship, in lieu of the following articles, and in the following proportions : (that is to say) one pound aud a quarter of a pound of such soft bread may be issued in lieu of one pound of flour, or of one pound of biscuit, or of one pound aud a quarter of a pound of oatmeal, or of one pound of rice, or of one pound of peas. (h) Ante § 600, n. (i) See 39 & 40 Vict. c. 80, s. § 20, ante §607. (k) Such a notice was published in the London Gazette, April 29th, 1856, con- 610-614.— PROVISIONS AND MEDICINES. the [Board of Trade] by such notice as aforesaid may revoke or alter any such dietary scale authorised by them as occasion may require, (l) § 613. In certain cases passenger ships are bound to carry stewards, cooks, and interpreters : 38. Every "passenger ship "(m) carrying as many as one hundred passengers shall have on board a seafaring person, who shall be rated in the ship's articles as passengers' steward, and who shall be approved by the emigration officer at the port of clearance, and who shall be employed in messing and serving out the provisions to the passengers, and in assisting to maintain cleanliness, order, and good discipline among the passengers, and who shall not assist in any way in navigating or working the ship. In case of noncompliance with any of the requirements of this section, the master of the ship shall for each offence be liable to a penalty not exceeding fifty pounds nor less than five pounds sterling. (Z) 39. Every " passenger ship "{m) carrying as many as one hundred passengers shall also have on board a seafaring man, or if carrying more than three hundred " statute adults," two seafaring men, to be rated and approved as in the case of passengers' stewards, who shall be employed in cooking the food of the passengers : A convenient place for cooking shall also be set apart on deck ; and a sufficient cooking appa- ratus, properly covered in and arranged, shall be provided, to the satis- faction of the said emigration officer, together with a proper supply of fuel adequate, in his opinion, for the intended voyage. In case of non- compHance with any of the requirements of this section, the master of the ship shall for each offence be liable to a penalty not exceeding fifty pounds nor less than five pounds sterling.(Z) 40. In every foreign " passenger ship " (m) in which as many as one half of the passengers shall be British . subjects, unless the master and officers, or not less than three of them, shall understand and speak intelligibly the English language, there shall be carried, where the num.ber of passengers does not exceed two hundred and fifty, one person, and where it exceeds two hundred and fifty, two persons, who understand and speak intelligibly the language spoken by the master and crew and also the English language, and such persons shall act as interpreters, and be employed exclusively in attendance on the passen- gers, and not in the working of the ship; and no such ship shall clear out or proceed to sea without having such interpreter or interpreters on board ; and the master of any such foreign ship clearing out or proceeding to sea without having such interpreter or interpreters on board as afore- said shall for each offence be liable to a penalty not exceeding fifty pounds nor less than five pounds sterling. § 614. As to medical practitioners and medicines the Act provides : 41. Every "passenger ship"(m) shall in the following cases (w) carry a duly qualified medical practitioner, who shall be rated on the ship'.s articles : taining a dietary scale C. alternative with scale B. of B. 35, ante § 612. See Appx. No. 13. {l) See 39 & 40 Vict. u. 80, s. 20, ante § 607. (to) Ante § 600, n. (n) By Order in Council of Aug. 9th, 489 Power to [Board of Trade] to alter dietary scale. As to passenger stewards. Penalty on noncompli- ance. As to passenger cooks and cooking apparatus. Penalty on noncompli- ance. In what cases interpreters to be carried. Penalty. In what cases a medical man must be carried. 1866, every passenger ship carrying more than fifty passengers shall, whatever be the duration of the voyage, being a voyage within ». 4 of the Passengers Act, 1855, carry a duly qualified medical practitioner. And see 17 & 18 Vict. c. 104, s. 230, ante § 526. 490 Penalty. Qualificatiorjs of medical men. Penalty. Medicines and medical comforts. Penalty. Medical inspection of passengers and medicines, &c. CHAP. Xin.— PASSENGERS, First, when the duration of the intended voyage, as hereinbefore computed,(»w) exceeds eighty days in the case of ships propelled by sails, and forty-five days in the case of ships propelled by steam, and the number of passengers on board exSeeds fifty : Second, whenever the number of persons on board (including cabin passengers, ofiacers, and crew) exceeds three hundred : In case of noncompliance with any of the requirements of this section, the master shall for each offence be liable to a penalty not exceeding one hundred pounds nor less than twenty pounds sterling. 42. No medical practitioner shall be considered to be duly qualified for the purposes of this Act unless authorised by law to practise in some part of Her Majesty's dominions, or, in the case of a foreign ship, in the country to which such ship may belong, as a physician, surgeon, or apothecary, nor unless his name shall have been notified to the emigra- tion officer at the port of clearance, and shall not be objected to by him, nor unless he shall be provided with proper surgical instruments to the satisfaction of such officer: Provided nevertheless, that where the majority of the passengers in any " passenger ship,"(o) or as many as three hundred, are foreigners, any medical practitioner who may be approved by such emigration officer may be carried therein. In case any person shall proceed, or attempt to proceed as medical practitioner in any " passenger ship "(o) without being duly qualified as aforesaid, or contrary to any of the requirements of this section, such person and all persons aiding or abetting therein shall for each offence be liable to a penalty not exceeding one hundred pounds nor less than ten pounds sterling. 43. The owner or charterer of every " passenger ship "(o) shall pro- vide (p) for the use of the passengers a supply of medicines, medical comforts, instruments, and other things proper and necessary for diseases a;nd accidents incident to sea voyages, and for the medical treatment of the passengers during the voyage, including an adequate supply of disinfecting fluid or agent, together with printed or written directions for the use of the same respectively ; and such medicines, medical comforts, instruments, and other things {q) shall, in the judg- ment of the emigration officer at the port of clearance, be good in quality and sufficient in quantity for the probable exigencies of the intended voyage, and shall be properly packed and placed under the charge of the medical practitioner, when there is one on board, to be used at his discretion. In case of noncompliance with any of the requirements of this section, the master of the ship shall for each offence be liable to a penalty not exceeding fifty pounds nor less than five pounds sterling, (r) 44. No " passenger ship,"(o) except as hereinafter provided, shall clear out or proceed to sea until some medical practitioner, to be appointed by the emigration officer at the port of clearance, shall have inspected such medicines, medical comforts, and other articles as are required to be supplied by the last preceding section, and also all the passengers and crew (s) about to proceed in the ship, and shall have certified to the said emigration officer that the said ship contains a (nn) Ante § 610, note (i). (o) Ante § 600, n. {p) See 30 & 31 Vict. c. 124, ss. 4-7. (g) The Board of Trade have issued lists of surgical instruments and medicines which should be provided and taken out by passenger ships. See Appendix, Nos. 8 (B) and (C). (r) See 39 & 40 Vict. c. 80, s. 20, ante § 607. (s) See 30 & 31 Vict. c. 124, o. 10, ante § 627 Eelanding of passengers on account of sickness or for purifying ships. §§ 615-618.— RIGHTS OF PASSENGERS IN CASE OF CASUALTY. 491 sufficient supply of medicines, medical comforts, disinfecting fluid or agent, instruments, and other things requisite for the medical treatment of the passengers during the intended voyage, nor until such medical practitioner shall have certified and the said emigration officer shall be satisfied that none of the passengers or crew appear, by reason of any bodily or mental disease, unfit to proceed, or likely to endanger the health or safety of the other persons about to proceed in such vessel. Such medical inspection of the passengers shall take place either on board the vessel, or, at the discretion of the said emigration officer, at such convenient place on shore before embarkation as he may appoint ; and the master, owner, or charterer of the ship shall pay to such emi- gration officer a sum at the rate of twenty shillings for every hundred persons so examined : Provided also, that in case the emigration officer on any particular occasion shall be unable to obtain the attendance of a medical practitioner, it shaU be lawful for the master of any such ship to clear out and proceed to sea, on receiving from the said emigra- tion officer written permission for the purpose. In case any " passenger Penalty. ship " shaU. clear out or proceed to sea without having complied with all the requirements of this section, the master of such ship shall for each offence be liable to a penalty not exceeding one hundred pounds nor less than five pounds sterling. 45. If the emigration officer at any port shall be satisfied that any person on board or about to proceed in any " passenger ship " is by reason of sickness unfit to proceed, or is for that or for any other reason likely to endanger the health or safety of the other persons on board, the said emigration officer shall prohibit the embarkation of such person, or if embarked shall require him to be relanded ; and if such emigration officer shall be satisfied that it is necessary, for the purifica- tion of the ship or otherwise, that all or any of the passengers or person.'; on board should be relanded, the said emigration officer may require the master of the ship to reland all such passengers or persons, and the master shall thereupon reland such passengers or persons, with so much of their effects and with such members of their families as cannot in the judgment of such emigration officer be properly separated from them; and in case of non-compliance with any of the requirements of this Penalty, section, the master, owner, or charterer of the ship shall for each offence be liable to a penalty not exceeding two hundred pounds nor less than ten pounds; and any passenger or person embarking after such pro- hibition, or refusing or neglecting to leave the ship when so directed to be relanded, shall be liable to be summarily removed, and to a penalty not exceeding forty shillings for each day which he shall remain on board after the giving of such prohibition or direction. Bights of Passengers in case of Casualty. § 615. Where a passenger is relanded on account of sickness he is entitled to a return of his passage money, and to subsistence money during the period of detention : 46. Any person so relanded on account of the sickness of himself or As to return of of any member of his family who may not be re-embarked and finally passage money sail in such ship, or any emigration officer on his behalf, shall be J.^,P„7JSers entitled to recover, by summary process, the whole of the monies which ^^^^^^^ „£ may have been paid by or on account of such passenger for his passage, sickness, &c. and that of the members of his family so relanded, from the party to whom the same may have been paid, or from the owner, charterer, or 492 CHAP. XIII.— PASSENGEBS. Subsistence money to be paid to relanded. Eetum of passage money and compensa- tion to passengers where passages not provided for them according to contract. Subsistence in case of detention. master of such ship, or any of them, at the option of such passenger or emigration officer.(is) 47. The master of any " passenger ship "(x) from which the whole or any part of the passengers shall be relanded on account of any of the reasons mentioned in Section 45 shall pay to each passenger so relanded (or if he shall be lodged and maintained in any hulk or establishment under the superintendence of the [Board of Trade], then to the emigration officer at the port) subsistence money at the rate of one shilling and sixpence a day for each statute adult until he shall be re-embarked or decline or neglect to proceed, or until his passage-money, if recoverable under the forty-sixth section of this Act, be returned to him. § 616. And the same rule holds good where passages are not provided for passengers according to contract : 48. If any person by whom or on whose behalf any contract shall have been made for a passage in any ship proceeding on any voyage to which this Act extends, shall be at the place of embarkation before six o'clock in the afternoon of the day of embarkation appointed in such contract, and shall, if required, pay the stipulated passage-money or the unpaid balance thereof, and if from any cause whatever, other than his own refusal, neglect, or default, or the prohibition of an emi- gration officer, as hereinbefore mentioned, or the requirements of any order in Council, such passenger shall not be received on board before that hour, or if from any such cause as aforesaid any passenger who shall have been received on board shall not either obtain a passage in such ship to the port at which he may have contracted to land, or, together with all the immediate members of his family who may be included in such contract, obtain a passage to the same port in some other equally eligible ship to sail within ten days from the expiration of the said day of embarkation, and in the meantime be paid subsistence money from the time and at the rate hereinafter mentioned, such pas- senger, or any emigration officer on his behalf, shall be entitled to recover either from the party to whom or on whose account the same may have been paid, or (in case such contract shall have been made with the owner, charterer, or master of such ship, or with any person acting on behalf or by the authority of any of them respectively) from such owner, charterer, or master of such ship, or any of them, at the option of such passenger or emigration officer, all monies which shall have been paid by or on account of such passengers for such passage, and also such further sum not exceeding ten pounds in respect of each such passage as shall, in the opinion of the justices of the peace who shall adjudicate on the complaint, be a reasonable compensation for the loss or inconvenience occasioned to such passenger by the loss of such 49. If any ship, whether a "passenger ship" (x) or otherwise, shall not actually put to sea, and proceed on her intended voyage before three o'clock in the afternoon of the day next after the said day of embarka- tion, the owner, charterer, or master of such ship, or his or their agent, or any of them, at the option of such passenger or emigration officer. (m) By 26 & 27 Vict. c. 51^ s. 11, the forty -sixth section of the said Passengers Act, 1855, shall be applicable to cabin as ■well as to other passengers landed on account of sickness ; and the passage money of all cabin or other passengers so landed may be recovered in the manner pointed out in the said Act, upon the delivery up of their contract tickets, and notwithstanding that the ship may not have sailed : provided always, that in the case of cabin passengers so landed one half only of their passage money shall be recoverable. (x) Ante § 600, n. §§ 615-618.— EIGHTS OF PASSENGERS IN CASE OF CASUALTY. shall pay to every passenger entitled to a passage (or if such passenger shall be lodged and maintained in any establishment under the superin- tendence of the [Board of Trade], then to the emigration officer at the port of embarkation) subsistence money after the rate of one shilling and sixpence for each statute adult in respect of each day of delay for the first ten days, and afterwards three shillings a day for each statute adult, until the final departure of such ship on such voyage, and the same may be recovered in the manner hereinafter mentioned : Provided that if the passengers be maintained on board in the same manner as if the voyage had commenced, no such subsistence money shall be payable for the first two days next after the said day of embarkation, nor if they shall be maintained shall such subsistence money be payable if the ship be unavoidably detained by wind or weather, or by any cause not attributable in the opinion of the emigration officer to the act or default of the owner, charterer, or master. 50. If any " passenger ship "(y) shall, after clearance, be detained in port for more than seven days, or shall put into or touch at any port or place in the United Kingdom, she shall not put to sea again until there shall have been laden on board, at the expense of the owner, charterer, or master of such ship, such further supply of pure water, wholesome provisions of the requisite kinds and qualities, and medical comforts and stores, as may be necessary to make up the full quantities of those articles hereinbefore required to be laden on board for the intended voyage,(2;) nor until any damage she may have sustained shall have been effectually repaired, nor until the master of the said ship shall have obtained from the emigration officer or his assistant, or where there is no such officer, or in his absence, from the officer of customs at such port or place, a certificate to the same effect as the certificate herein- before required to enable the ship to be cleared out ;(a) and in case of any default herein the said master shall be liable, on conviction, as hereinafter mentioned, to a penalty not exceeding one hundred pounds nor less than fifty pounds sterling : And if the master of any "passenger ship"(2/) so putting into or touching at any port or place as aforesaid shall not within twelve hours thereafter report, in writing, his arrival, and the cause of his putting back, and the condition of his ship, and of her stores and provisions, to the emigration officer, or, as the case may be, to the officer of customs at the port, and shall not produce to such officer the official or " master's list " of passengers, (5) such master shall for each offence be liable to a penalty not exceeding twenty pounds nor less than two pounds sterling. § 617. In case of wreck or casualty the following provisions have effect with respect to forwarding passengers to their destination : 52. If the passengers or cabin passengers of any " passenger ship "(c) shall be taken off from any such "passenger ship,"(c) or shall be 493 Ante § 600, n. See ante BS. 31, 43, §§ 611, 614, and 39 & 49 Vict. 0. 80, s. 20, ante § 607. (o) See ante s. 11, § 601, and as to appeal against refusal of oertifioate, 89 & 40 Vict. c. 80, B. 14, ante § 602. (6) See ante ss. 16, 17, § 605. (c) By 52 & 58 Vict. o. 29, s. 2, for the purposes of the 52nd section of the Passengers Act, 1855, and the 15th section of the Passengers Act Amendment Act, Ships putting back to replenish pro- visions, &c. Penalty on master for default. Ships putting back to be reported to emigration of&cer. Penalty on master for neglect. Secretary of State, &c., may pay expenses of taking off passengers at sea. 1863, the term "passenger ship'' shall signify every description of sea-going "• vessel carrying one or more passenger or passengers on any voj^age from any place in Her Majesty's dominions to any place whatever. 1 As to the meaning of " sea-going '' see Salt Vnion v. Wood, (1873) 1 Q. B. 370. 494 CHAP. XIII.— PASSENGERS. In case of wreck or damage in or near United Kingdom, passengers to be provided with a passage by some other vessel, and maintained in the meantime. Power to remove passengers from damaged ship; Penalty on passengers refusing. Governors or consuls may send on passengers if the master of the ship fail to do 80. picked up at sea from any boat, raft, or otherwise, it shall be lawful, if the port or place to which they shall be conveyed shall be in the IJnited Kingdom, for one of Her Majesty's principal Secretaries of State, or if in any of Her Majesty's colonial possessions, for the Governor of such colony, or for any person authorised by him for the purpose, or if in any foreign country, for Her Majesty's consular officer, at such port or place therein, to defray all or any part of the expenses thereby incurred, (c?) By the Passengers Act Amendment Act, 1863 :(e) 14. If any passenger ship shall be wrecked, or otherwise rendered unfit to proceed on her intended voyage, while in any port of the United Kingdom, or after the commencement of the voyage, and if the passengers, or any of them, shall be brought back to the United Kingdom, or if any passenger ship shall put into any port or place in the United Kingdom in a damaged state, the master, charterer, or owner shall, within forty-eight hours thereafter, give to the nearest emigration officer, or in the absence of such officer to the chief officer of customs, a written undertaking to the following efiect : (that is to say) if the ship shall have been wrecked, or rendered unfit as aforesaid to proceed on her voyage, that the owner, charterer, or master thereof shall embark and convey the passengers in some other eligible ship, to sail within six weeks from the date thereof, to the port or place for which their passages respectively had been previously taken ; and if the ship shall have put into port in a damaged state, then that she shall be made seaworthy, and fit in all respects for her intended voyage, and shall, within six weeks from the date of such undertaking, sail again with her passengers ; in either of the above cases the owner, charterer, or master shall, until the passengers proceed on their voyage, either lodge or maintain them on board in the same manner as if they were at sea, or pay to them subsistence money after the rate of one shilling and sixpence a day for each statute adult, unless the passengers shall be maintained in any hulk or establishment under the superintendence of the [Board of Trade] mentioned in the said Passengers Act, 1855, in which case the subsistence money shall be paid to the emigration officer at such port or place. If the substituted ship or damaged ship, as the case may be, shall not sail within the time prescribed as afore- said, or if default shall be made in any of the requirements of this section, such passengers respectively, or any emigration officer on their behalf, shall be entitled to recover, by summary process, as in the said Passengers Act, 1855, is mentioned,(/) all monies which shall have been paid by or on account of such passengers or any of them for such passage, from the party to whom or on whose account the same may have been paid, or from the owner, charterer, or master of such ship, or any of them, at the option of such passenger or emigration officer : Provided that the said emigration officer may, if he shall think it necessary, direct that the passengers shall be removed from such damaged " passenger ship "{g) at the expense of the master thereof ; and if after such direction any passenger shall refuse to leave such ship, he shall be liable to a penalty not exceeding forty shillings, or to imprisonment not exceeding one calendar month. 15. If any passenger or cabin passenger of any passenger ship (h) shall, without any neglect or default or his own, find himself within any colonial or foreign port or place other than that for which the ship was (d) See 26 & 27 Vict. c. 51 s. 16 post. If) See 18 & 19 Vict. c. 119, ss. 84-94, ^ost § 622. (c) 26 & 27 Vict. c. 51. (g) Ante § 600, n (A) Ante note (c). §§ 615-618.— EIGHTS OF PASSENGERS IN CASE OF CASUALTY. 495 originally bound, or at -which he or the [Board of Trade] or any public officer or other person on his behalf, may have contracted that he should land, it shall be lawful for the governor of such colony, or for any person authorised by him for the purpose, or for Her Majesty's consular officer at such foreign port or place, as the case may be, to forward such pas- senger to his intended destination, unless the master of such ship shall, ■within forty-eight hours of the arrival of such passenger, give to the governor, or consular officer, as the case may be, a written undertaking to forward or carry on, within six weeks thereafter, such passenger or cabin passenger to his original destination, and unless such master shall accordingly forward or carry him on within that period. 16. AH expenses incurred under the last preceding section, or under Expenses the fifty-second section of " The Passengers Act, 1855," or either of incurred under them, by or by the authority of such Secretary of State, governor, or tlie two consular officer, or other person, as therein respectively mentioned, in- P'^peaiDg eluding the cost of maintaining the passengers until forwarded to their ^ jgijt due to destination, and of all necessary bedding, provisions, and stores, shall the CrowD. become a debt to Her Majesty and her successors from the owner, charterer, and master of such ship, and shall be recoverable from them, or from any one or more of them, at the suit and for the use of Her Majesty, in like manner as in the case of other Crown debts ; and a cer- tificate in the form in Schedule (A)(i) hereto annexed, or as near thereto as the circumstances of the case will admit, purporting to be under the hand of any such Secretary of State, governor, or consular officer (as the case may be), stating the total amount of such expenses, shall in any suit or other proceeding for the recovery of such debt be received in evidence without proof of the handwriting or of the official character of such Secretary of State, governor, or consular officer, and shall be deemed sufficient evidence of the amount of such expenses, and that the same were duly incurred, nor shall it be necessary to adduce on behalf of Her Majesty any other evidence in support of the claim, but judgment shall pass for the Crown, with costs of suit, unless the defendant shall specially plead and duly prove that such certificate is false or fraudulent, or shall specially plead and prove any facts showing that such expenses were not duly incurred under the provisions of this Act, and of the said " Passengers Act, 1855," or either of them : Provided nevertheless, that (i) SCHEDULE (A). in the passenger ship _, . „ , ^ ^, ^ which was wrecked at sea, &o.^ I'orm of Goverrm-s or Consul's Cer- j^^^ I further certify, for the purposes t»MUof Expenditure in the Case of ^f ^^^ tenth ^ section of the said Passengers shipwrecked, &c. "Passengers Amendment Act, 1863," I hereby certify that, acting under and that the total amount of such ex- in conformity with the jirovisions of the penses is pounds, and that British " Passengers Act, 1855," and of such expenses were duly incurred by the " Passensers Act Amendment Act, me under the said Acts or one of them. 1863," I have defrayed the expenses in- Given under my hand, this Governor of, &(:. , or (as the case m^j be) Her Britannic Majesty's Consul at curred in rescuing, maintaining, supplying day of 18 with necessary bedding, provisions, and stores,^ and in forwarding to their destination passengers [including cabin passengers '], who were proceeding from to ■■ N.B. — 1. If more passengers were of the disaster and where it occurred. But rescued than forwarded, or if bedding, &o., if the passengers were only left behind, was not supplied, alter the certificate to without any default of of their own, state suit the facts of the case. the fact accordingly. 2 N.B.— 2. Omit words in brackets * Sic. This is a mistake for the six- . when necessary. teenth section. 5 N.B. — 3. State generally the nature 496 CHAP. XIII.— PASSENGERS. Passengers forwarded by goverDor, &c., not entitled to return of passage money. Insurance of passage money not to be void on account of the nature of the risk. Penalty on wrongniUy landing passengers. Passengers to be maintained for 48 hours after arrival. Penalty. right of acuon preserved. in no case shall any larger sum be recovered on account of such expenses than a sum equal to twice the total amount of passage money received or due to and recoverable by or on account of the owner, charterer, or master of such passenger ship, or any of them, for or in respect of the whole number of passengers and cabin passengers who may have em- barked in such ship, which total amount of passage money shall be proved by the defendant, if he will have the advantage of this limitation of the debt ; but if any such passengers are forwarded or conveyed to their intended destination under the provisions of the last preceding section, they shall not be entitled to the return of their passage money, or to any compensation for loss of passage under the provisions of the said " Passengers Act, 1855." § 618. By the Passengers Act, 1855 :(£) 55. No policy of assurance effected in respect of any passages, or of any passage or compensation monies, by any person by this Act made liable, in the events aforesaid, to provide such passages or to pay such monies, or in respect of any other risk under this Act, shall be deemed to be invalid by reason of the nature of the risk or interest sought to be covered by such policy of assurance. 56. If any passenger in any ship, whether a " passenger ship "(l) or otherwise, shall be landed at any port or place other than the port or place at which he may have contracted to land, unless with his previous consent, or unless such landing shall be rendered necessary by perils of the sea, or other unavoidable accident, the master shall for each offence be liable to a penalty not exceeding fifty pounds nor less than ten pounds sterling. 57. Every passenger in a " passenger ship "(I) shall be entitled for at least forty- eight hours next after his arrival at the end of his voyage to sleep in the ship, and to be provided for and maintained on board thereof, in the same manner as during the voyage, unless within that period the ship shall quit such port or place in the further prosecution of her voyage. In case of non-compliance with any of the requirements of this section, the master shall for each offence be liable to a penalty not exceeding five pounds sterling. 68. Nothing herein contained shall take away or abridge any right of action which may accrue to any passenger in any ship, or to any other person, in respect of the breach or nonperformance of any contract made or entered into between or on behalf of any such passenger or other person, and the master, charterer, or owner of any such ship, or his or their agent, or any passage broker. Penalties for Breach of Statutory Provisions. Her Maiesty § ^^^- ^^^^^ *^^ regulations With respect to passenger ships may, by Orders may be prescribed by Order in Council, and penalties are pro- P°re?crZ' rules vided for their non-observance : hereS^^^^ 59. It shall be lawful for Her Majesty, by any Order in Council,(m) described. to prescribe such rules and regulations as to Her Majesty may seem fit, for the following purposes : (that is to say) Ist. For preserving order, promoting health, and securing cleanliness and ventilation on board of " passenger ships "(l) proceeding (k) 18 & 19 Vict. u. 119. (l) See ante § 600, li. (m) See Orders in Council made under this section, Appx., No. 14 (A) (B) (C) (D). §§ 619-622. -PENALTIES FOR BREACH OF STATUTORY PROVISIONS. 407 from the United Kingdom to any port or place in Her Majesty's possessions abroad. 2nd. For permitting the use on board of " passenger ships "(w) of an apparatus for distilling water, and for defiiiing in such case the quantity of fresh water to be carried in tanks or casks for the passengers. 3rd. For prohibiting emigration from any port or ports at any time when choleraic or any epidemic disease may be generally pre- valent in the United Kingdom or any part thereof, or for reducing the number of passengers allowed to be carried in " passenger ships "(w) generally, or from any particular ports under the provisions of this Act. 4th. For requiring duly quaUfied medical practitioners to be carried in "passenger ships "(w) in cases where they would not be re- quired to be carried under the provisions of this Act. Any such Order in Council may from time to time in like manner be altered, amended, and revoked, as occasions may require. ****** 60. In every such " passenger ship "(n) the medical practitioner on Surgeon or board, aided by the master thereof, or, in the absence of such medical masterto exact practitioner, the master of such ship, is hereby empowered to exact o^'e'^ience to obedience to all rules and regulations which may be prescribed by any Ig^i f" such Order in Council to be observed on board passenger ships as afore- Penalty on" said : and any person on board who shall neglect or refuse to obey any refusal. such rule or regulation, or who shall obstruct the medical practitioner or master of such ship in the execution of any duty imposed upon him by any such rule or regulation, or who shall offend against any of the provisions of this Act, or who shall be guilty of riotous or insubordinate conduct, shall be liable for each offence to a penalty not exceeding two pounds sterling, and, in addition thereto, to be confined in the common gaol for any period not exceeding one month, at the discretion of the justices who shall adjudicate on the complaint. 61. The [Board of Trade] shall from time to time prepare such Board of Trade abstracts as they may think proper of the whole or any part of this *° prepare an Act, and of any such Order in Council as aforesaid ; and four copies of ^™*ractof Act such abstracts, together with a copy of this Act, shall, on demand, be Council supplied by the principal ofSicer of customs at the port of clearance to the master of every " passenger ship "{n) proceeding from the United Kingdom to any port or place in her Majesty's possessions abroad ; and such master shall, on request made to him, produce a copy of this Act to any passenger on board, for his perusal, and, further, shall post, Such abstract previous to the embarkation of the passengers, and shall keep posted so *» ^e posted up long as any passenger shall be entitled to remain in the ship, in at least '° ^^'^ ^"P" two conspicuous places between the decks on which passengers may be carried, copies of such abstracts ; and such master shall be liable to a Penalty on penalty not exceeding forty shillings sterling for every day during any master for part of which, by his act or default, such abstracts shall fail to ^^f ' be so posted; and any person displacing or defacing such abstracts defacing so posted shall be liable to a penalty not exceeding forty shillings abstract, sterling. 62. If in any " passenger ship "(n) any person shall, during the Sale of spirits voyage, directly or indirectly, sell or cause to be sold any spirits or prohibited on strong waters to any passenger, he shall be liable for every such offence ^"^^ to a penalty not exceeding twenty pounds nor less than five pounds gy-g ^ sterling. Penalty. (m) Ante § 600, n. 2 I 498 Bond to be given by masters of British and foreign passenger ships. Counterpart of bond to be certified, and sent to the colony to which ship is bound, and to be received in evidence without further proof of execution. In the absence of agreement to the contrary, the owner to be responsible in respect of default. Penalty on persons fraudulently inducing others to engage CHAP. Xm.— PASSENGEBS. § 620. The master is required to give a bond for the due per- formance of the requirements of the Passengers Acts : 63. Before any "passenger ship"(o) shall clear out or proceed to sea, the master, together with the owner or charterer of the ship, or, in the event of the absence of such owner or charterer, or if the master be the owner or charterer, one other good and sufficient person, to be approved by the chief officer of customs at the port of clearance, shall enter into a joint and several bond,(^) in the sum of two thousand pounds, to her Majesty, according to the form contained in Schedule (C) (g-) hereto annexed. Such bond shall not be liable to stamp duty, and shall be executed in duplicate. 64. It shall be the duty of the chief officer of customs at the port of clearance of any " passenger ship"(o) bound to any of her Majesty's possessions abroad, to certify on one part of such bond that it has been duly executed by the said master of such ship and the other obhgor, and to forward the same by post to the colonial secretary of the colony to which such " passenger ship "(o) may be bound ; and such certificate shall, in any colonial court of judicature in which the bond may be put in suit, be deemed conclusive evidence of the due execution of the bond by the said master and the other obligor, and it shall not be necessary to prove the handwriting of the officer of customs who may have signed such certificate, nor that he was, at the time of signing it, chief officer of customs at the port of clearance : provided that no such bond shall be put in suit in any of her Majesty's possessions abroad after the expira- tion of three calendar months next after the arrival therein of the said ship, nor in the United Kingdom after the expiration of twelve calendar months after the return of the said ship and of the said master to the United Kingdom. 65. In the absence of any agreement to the contrary, the owner shall be the party ultimately responsible, as between himself and the other persons hereby made liable in respect of any default in complying with the requirements of this Act ; and that(r) if any such last-mentioned person shall pay any monies hereby made payable to or on behalf of any such passengers as aforesaid, the person so paying the same shall be entitled, in the absence of any such agreement as aforesaid, to sue for and recover from the owner the amount so paid, together with costs of suit. § 621. The enactments with respect to contract tickets are as follows : 70. If any person shall by false representation as to the size of a ship, or otherwise, or by any false pretence or fraud whatsoever, induce any person to engage a passage in any ship, the person so offending shall for each offence be liable to a penalty not exceeding twenty pounds, nor less than five pounds sterling. Bond to repay expenses of rescuing and forwarding shipwrecked passengers, where owners and charterers of vessel reside abroad. (o) Ante § 600, n. (p) By 26 & 27 Vict. >j. 51, s. 17, in the case of a passenger ship, of which neither the owners nor charterers reside in the United Kingdom, the bond required to be given to the crown by the sixty- third section of the "Passengers Act, 1855," shall be for the sum of five thousand pounds instead of two thousand pounds ; and an additional condition shall be inserted in such bond to the effect that the obligors therein shall, subject to the provisions and limitations hereinbefore contained, be liable for and shall pay to her Majesty and her successors, as a Crown debt, all expenses which may be in- curred under the provisions hereinbefore, and in the " Passengers Act, 1855," con- tained, in rescuing, maintaining, and for- warding to their destination any pas- sengers of fluch ships who by reason of shipwreck or any other cause, except their own neglect or default, may not be conveyed to their intended destination by or on behalf of the owner, charterer, or master of such ship. (j) Sse post § 625. (r) Sic. § 619-622.— PENALTIES FOR BREACH OF STATUTORY PROVISIONS. 499 Penalty for inducing any 71. Every person whatever, except the [Board of Trade] and persons Contract acting for them and under their direct authority, who shall receive t'okets for money from any person for or in respect of a passage in any ship, or of °^^'° ™'' a cabin passage in any " passenger ship "(r) proceeding from the United ---^'; Kingdom to any place out of Europe, and not being within the Medi- terranean Sea, shaU give to the person paying such money a contract ticket,(s) signed by the owner, charterer, or master of the ship or " passenger ship,"(»") (as the case may be) in which the passage is to be provided, or by some person in their or his name, and on their or his behalf : such contract ticket shall be made out in plain and legible characters on a printed form, which, in the case of cabin passengers, shall be according to the form contained in. Schedule (K) (t) hereto annexed, and in the case of all other passengers in the form contained in Schedule (L) (t) hereto annexed, or according to such other form as in either case may from time to time be prescribed by the [Board of Trade] in any notice published in the London Gazette : and any directions contained on the face of such form of contract ticket shall be obeyed in the same manner as if herein set forth. In case of noncompliance with any of the requirements of this section, or of any of the directions on such form of contract ticket not inconsistent with this Act, the person so offending shall for each offence be liable to a penalty not exceeding fifty pounds nor less than five pounds sterling : provided always that such contract tickets shall not be liable to any stamp duty. 72. Any person who shall alter or cause to be altered after it is once issued, or shall induce any person to part with, render useless, or destroy any such contract ticket, during the continuance of the contract "l^*" P'"''' which it is intended to evidence (except in the case of cabin passengers ticket who may have consented thereto), shall be liable in each case to a penalty not exceeding twenty pounds sterling. 73. Any question which may arise respecting the breach or non- Summary performance of any of the stipulations in any such contract ticket may, remedy for at the option of any passenger or cabin passenger interested therein, be heard and determined in a summary way by the justices of the peace, magistrates, sheriffs, or other officers hereinafter authorised to adjudi- cate on offences and complaints under the Act, who are hereby authorized to try such questions, and if they shall find that a breach of contract has been committed, to award to the complainant such damages and costs as they may think fit, not exceeding in any case the amount of the passage money specified in such contract ticket and twenty pounds ; and if such damages and costs be not at once paid, payment thereof shall thereupon be enforced, in the same manner and by the same processes as the payment of subsistence money, or the return of passage money, may be enforced under this Act : provided that if any passenger shall have obtained compensation or redress, under any of the other provisions of this Act, he shall not be entitled to sue under this section for damages for the same matter or cause of complaint. 74. If any cabin or other passenger shall, on demand of any emigra- tion officer, refuse or omit to produce his contract ticket, or if any owner, charterer, or master of a ship shall on like demand refuse or omit ^^ ^^^^^ to produce to any emigration officer in the United Kingdom the counter- omitSng'to part of any contract ticket issued by them, or on their behalf, for the produce inspection of such emigration officer, and for the purposes of this Act, contract every person so offending against the requirements of this section shall tickets. for each offence be liable summarily to a penalty not exceeding ten pounds. (r) Ante § 600, n. («) See Ellis v. Pearce, E. B. & E. 431 ; ante § 600, n. (t) Post § 625. breach of contract. Penalty on cabin passengers and on masters,&o., Colonial voyages defined. This Act to apply to all colonial 500 CHAP. XIII.— PASSENGERS. § 622. Sections 84-94 give a remedy by summary process before two justices or a police magistrate, or in Scotland a sheriff or sheriff-substitute, for the recovery of penalties, forfeitures, the return of passage money, subsistence money, damages or com- pensation under the Act. Actions against officers executing the Act must be brought within three months after the cause of action has arisen, and ten days' notice in writing must be given. Colonial Voyages. § 623. The special provisions with regard to colonial voyages are as follows : 95. For the purposes of this Act the term " colonial voyage " shall signify any voyage from any place within any of such possessions (ex- cept the territories under the government of the East India Company and the island of Hong Kong) to any place whatever, where the distance between such places shall exceed four hundred miles, or the duration of the voyage, to be prescribed as hereinafter mentioned, shall exceed three days. 96. This Act shall apply, so far as the same is applicable, to all ships carrying passengers on any such " colonial voyage," except as to such parts of the Act as relate to the following matters : (that is to say) 1. To passage brokers and their licences : 2. To passengers contract tickets : 3. To emigrant runners : 4. To the giving bond to her Majesty : 5. To the keeping on board a copy of this Act. 6. To Order in Council regulating emigration from the United Kingdom, or prescribing rules for promoting health, cleanhness, order, and ventilation : Provided that if the prescribed duration of any " colonial voyage " be less than three weeks, then, in addition to the matters lastly herein- before excepted, the provisions of this Act shall not extend or apply, so far as they relate to the following subjects : (namely) The construction or thickness of the decks : The berths and berthing : The height between decks : Privies : Hospitals : Light and ventilation : Manning : Passengers' stewards : Passengers' cooks and cooking apparatus : The surgeon, and medicine chest : The maintenance of passengers for forty-eight hours after arrival : Provided also, that in the case of such " colonial voyages "{u) whereof the prescribed duration is less than three weeks, the requirements of this Act respecting the issue of provisions shall not, except as to the issue of water, be applicable to any passenger who may have contracted bo furnish his own provisions. Governor of 97. It shall be lawful for the Governor of each of her Majesty's pos- coloniea sessions abroad,byany proclamation to be by him from time to time issued except as relates to matters herein named. If any colonial voyage be less than three weeks, this Act not to apply to subjects herein named. (m) Ante § 9.5. §§ 623 624.— COLONIAL VOYAGES, VOYAGES TO UNITED KINGDOM. for that purpose (which shall take eifect from the issuing thereof), to declare what shall be deemed for the purposes of this Act to be the length of the voyage of any ship carrying passengers from such posses- sion to any other place whatsoever, and to prescribe such scale of diet for the use of the passengers during the voyage as he shall think proper, and also to declare what medicines, medical comforts, medical instruments, and other matters shall be deemed necessary for the medical treatment of the passengers during such " colonial voyage "(v) and the provisions and requirements of every such proclamation shall be enforced in all her Majesty's dominions as if they were incorporated in this Act, and in like manner as the provisions of this Act may be enforced ; and a copy of any such proclamation, purporting to be under the hand of the governor of the colony wherein the same may have been issued, and under the pubKc seal of such colony, shall in any part of her Majesty's dominions wherein the same shall be produced be re- ceived as good and sufficient evidence of the due issuing and of the contents of such proclamation, unless it shall be proved that such copy is not genuine. 98. It shall be lawful for the governors of any such possessions re- spectively to authorise such person or persons as they may think fit to make the like survey and examination of " passenger ships "(x) sailing from such possessions respectively as is hereinbefore required to be made by two or more competent surveyors in respect of " passenger ships "(x) sailing from the United Kingdom,(2/) and also to authorise in such cases, as to such governors may seem proper, any competent person to act as medical practitioner on board any " passenger ship "{x) proceeding on a " colonial voyage." (v) 99. This Act shall not apply to India : it shall, however, be lawful for the Governor-General of India in Council, from time to time, by any Act or Acts to be passed for that purpose, to declare that this Act, or any part thereof, shall apply to the carriage of passengers upon any voyage from any ports or places within such territories, to be specified in such Act or Acts ; to any other places whatsoever, to be also speci- fied in such Act or Acts ; and also in like manner to authorise the substitution, as respects such voyages, of other articles of food and pro- visions for those hereinbefore enumerated ; and to declare the rule of computation by which the length of any such voyage shall be estimated ; and to determine the persons or officers who in such territories shall be entitled to exercise or perform the powers, functions, or duties herein- before given to or imposed upon the emigration officers and officers of customs in the United Kingdom ; and to authorise the employment on board any ship of a medical practitioner duly qualified by law to prac- tise as a physician, surgeon, or apothecary within such territories ; and to declare for the purposes of this Act the space necessary for passengers, and the age at which two children shall be considered equal to one statute adult, in ships that may clear out from any port or place within such territories ; and also to declare in what manner, and before what authorities, and by what form of proceedings, the penalties im- posed and the sums of money made recoverable by this Act shall be sued for and recovered within such territories, and to what uses such penalties shall be applied : and on the passing of such Indian Act or Acts, and whilst the same shall remain in force, all such parts of this Act as shall be adopted therein shall apply to and extend to the carriage of passengers upon such voyages as in the said Indian Act or Acts shall (v) Ante § 95. (a;) Ante § 600, u. (xj) See 39 & 40 Vict. c. 80, s. 17, ante § 596. 501 may, by proclamatioD, declare length of voyage, and prescribe scale of diet, medicines, and medical comforts. Copies of proclamations to be received as evidence. Provision for survey of ships in the Colonies and for appointing surgeons thereto. Power to the Governor- General of India in Council, by any Act to be passed for that purpose, to adopt this Act for India, and to make rules respecting food, passengers, surgeons, &o. ; and to declare, in what manner penalties, &c.. may be sued for and recovered. 502 CHAP. XIII.— PASSENGERS. Indian Act be specified. The proYision of such Indian Act shall be enforced in all may be en- jjgj. Majesty's possessions in Kke manner as the provisions of this Act cokdes'in Kke "^^ ^® enforced : Every such Indian Act shall be subject to disallow- manner as this ance and repeal, and shall in the same manner be transmitted to Act. England, to be laid before both Houses of Parliament, as in the case of any other law made by the Governor-General in Council. Voyages to the United Kingdom. § 624, And with regard to voyages to the United Eingdom : 100. The master of every ship bringing passengers into the United Kingdom from any place out of Europe, and not within the Medi- terranean Sea, shall, within twenty-four hours after arrival, deliver to the emigration officer or his assistant, or in their absence to the chief officer of customs at the port of arrival, a correct list, signed by such master, and specifying the names, ages, and callings of all the passengers embarked, and also the port or ports at which they respectively may have embarked, and showing which, if any of them, may have died, with the supposed cause of death, or been born on the voyage ; and if any master shall fail so to deliver such list, or if the same shall be wilfully false, he shall, on conviction, as hereinbefore mentioned, be liable to a penalty not exceeding fifty pounds. 101. If any ship bringing passengers into the United Kingdom from any place out of Europe shall have on board a greater number of passengers or persons than in the proportions respectively prescribed in the fourteenth section (a) of this Act for ships carrying passengers from the United Kingdom, the master of such ship shall be liable, on such conviction as hereinbefore mentioned, to a penalty not exceeding ten pounds nor less than five pounds for each such person or statute adult constituting any such excess. 102. The master of every passenger ship bringing passengers into the United Kingdom from any place out of Europe shall make to each statute adult during the voyage, including the time of detention, if any, at any port or place before the termination thereof, issues of pure water and of good and wholesome provisions in a sweet condition, in quantities not less in amount than is prescribed in the thirty-fifth section (a) of this Act for passengers proceeding from the United Kingdom ; and in case of noncompliance with any of the requirements of this section the master of such ship shall, on such conviction as hereinbefore mentioned, be liable for each ofienee to a penalty not exceeding fifty pounds. Forms of Passengers' Lists, Contract Tickets, &c. § 625. These are prescribed by the schedules to the Passengers Act, 1855 : Schedules to 103. The schedules to this Act shall be deemed to be part of this 1)6 part of the Act, and all the directions therein contained shall be duly followed and ■'^<'''- enforced, under a penalty not exceeding ten pounds on the person failing to obey the same respectively. List of passengers brought into the United Kingdom to be delivered by the master of the ship to the emigration officer. Penalty for neglect. Penalty on masters for having on board a greater number of persons than prescribed by section 14 of this Act. Provisions and wafer to be issued to passengers brought into the United Kingdom ihe same as in ships carrying passengers ii'om the United Kingdom. Penalty for default. (a) Ante § 604. (a) Ante § 612. § 625.— FOBMS OF PASSENGERS' LISTS. CONTRACT TICKETS. ETC. 503 SCHEDULE (B). Form op Passengees' List. (6) Ship's Name. Master's Kame. Tons per Register. Apgrepate Number of Superficial Feet in the several Compart- ments set apart for Passengers other than Cabin Passengers. Total Number of Statute Adults, exclu- sive of Master, Crew, and Cabin Faesengers, which the Ship can legally carry. Where bound. I hereby certify, that the Provisions actually laden on board this Ship are sufficient, according to the requirements of the Passengers Act, for Statute Adults for a voyage of Days. Date (Signature), 18 . . Master. (5) See 18 & 19 Vict. c. 119, ss. 16, 17, ante § 605. This fonn has been sub- stituted hj the Board of Trade for the one originally prescribed. 504 CHAP. XIII.— PASSENGERS. P3 QQ O M o a 1^ S 8 CO ^ ts o r rO *" *" fa. . o 'O J= "as «*■"§ -» _ E •>-* ra ^^ n-*i IB 6n^ — ■ a V « CO rtTS _ ea ■♦a' g §s £-»o35 a o g »^*H-g B o- -g at) o " S ■ S ft g ..SIb." SbSIss ^ SZ ?I »- 3 •St^ r-S " a5 CO 1^ O^ o •° s a B H ^® 602 I §5^. Ill ill :^. ■&s|8|g«as|:g|| .a-r* o o a^-B-a tog . " O«.2 60S5 «„•§=« M M > a rt **£»£ gas fe a « S a iS ^ H.2<2.2a _V_ ■SHga-u o ja 2B_S'i-"S'S *"•«© 5t^ B B®«2a'0_, ^«3 M sg .g fig's SOS p* ^ g|S53 a B.9 S21S 5oS glll« .MB* a "^ a b"h 2 §sl ja s SS ft S 1 "SB 5^3 p I ft a •a «=«=« 2 « a^ PM CO "to 508 Ship Counterpart of Passenger's Contract Ticket. This Part of the Con- tract Ticket is to be sepa- rated from the other, and to be delivered by the Pas- senger to the Emigration OfiScer at the Port of Em- barkation (or, if no such Offileer, to the Oflloer of Customs), or to any one appointed by him to receive it, under a Penalty not ex- ceeding £10. ColTTBACT TiCEEI. I engage that the Per- sons mentioned below shall be provided with a Steerage Passage to and be landed at the Port of in in the Ship of Tons, with not less than Ten Cubic Feet for Luggage for each Statute Adult, and shall be vic- tualled daring the whole voyage according to the Dietary Scale prescribed by Law. The Ship to receive her Passengers at on the day of 18 . Passage Money, in- cluding Government Dues, if any, and all charges of Landing, £ Names. Souls, equal to Statute Adults. To be signed in full by the Party issuing the Ticket. , * Insert Nnmber of Sonls and of Statute Adults re- spectively. CHAP. XIII.— PASSENGERS. SCHEDULE (L).(A) Passeitgeb's CoiriBACi Ticket. These Direc- 1. A Contract Ticket in this Form must be given to tions, and the every Passenger engaging a Passage from the United " Notices to Kingdom to any Place out of Europe, and not bemg within the Mediterranean Sea, immediately on the pay- ment or deposit by such Passenger of the whole or any part of the Passage Money, for or in respect of the Pas- sage engaged. _ , 2. The ViotuUling Scale for the Voyage must be printed in the Body of the Ticket. 3. All the Blanks must be correctly filled in, and the Ticket must be legibly signed with the Christian Names and Surname and Address in full of the Party issuing the same. i. The Day of the Month on which the Passengers are to embark must be inserted in "Words and not in Figures. 5. When once issued, this Ticket must not be with- drawn from the Passenger, nor any Alteration, Addition, or Erasure made in it. 6. A Contract Ticket shall not contain on the face thereof any condition^ ati/pulationj or exception not con- tained in this Form, below, form Part of, and must appear on, each Con- tract Ticket. Ship Rqnal to Statute Adults. of Tons Begister, to take in Passengers for on the day of 18 . I engage that the Person named in the Margin hereof shall be provided with a Steerage Passage to, and shall be landed at, the Port of in in the Ship with not less than Ten Cubic Feet for Luggage for each Statute Adult, and shall be Victualled during the Voyage and the Time of Detention at any Place Defore its Termination, according to the subjoined Scale, for the Sum of £ including Government Dues before Embarkation, and Head Money, if any, at the Place of Landing, and every other Charge_, except Freight for Excess of Luggage beyond the Quantity above speci- fied, and 1 hereby acknowledge to have received the Sum °f^ i^lparti^'y""*"'- Deposit £ Balance £ Total £ The following Qnantities, at least* of Water and Pro- visions (to be issued daily) will be supplied by the Master of the Ship, as required by Law ; viz. — to each Statute Adult 3 Quarts of Water daily, exclusive of what is necessary for cooking* the Articles required by the Fatiseng^ers Act to be issued in a cooked state ; and a Weekly Allowance of Frovisions according to the following Scale : — [Here insert the Yictuallingr Scale intended to be used on the Voyage. This must be either the Scale prescribed in the 35th Section of the Fassen- srers Act, 1865, or that Scale modified by the intro- duction of Articles authorized by the Act, to be substituted for Oatmeal, Bice, and Potatoes.] [N,B.— If Mess Utensils and Bedding are to be provided by the Ship, the Stipulation must be inserted here.] Signature in Full Place and Date [If signed by a Broker or Agent, state on whose Behalf.] to be paid at Notices to Fassengers. 1. If Passenfrers, through no Default of their own, are not received on board on the Day named in their Contract Tickets, or fail to obtain a Passage in the Ship, they should apply to the Government Emigration Oflacer at the Port, who will assist them in obtaining Eedress under the Passengers Act. 2. Passengers should carefully keep this Part of their Contract Ticket till after the End of the Voyage. W.B.— This Contract Ticket Is exempt from Stamp Duty. [h) See 18 & 19 Vict. c. 119, s. 71, ante § 621. This form of ticket was substituted for tlie one originally prescribed by a notice of the Board of Trade of February 22, 1889. § 626.— OFFENCES ON PASSENGER STEAMEES. 509 Offences on Fassenger Steamers. § 626. The following provisions have been enacted for the purpose of enforcing proper behaviour and discipline among pas- sengers in a passenger steamer. By the Merchant Shipping Act Amendment Act, 1862 :{i) 35. The following offenders : (that is to say) (1) Any person who, being drunken or disorderly, has been on that account refused admission into any duly surveyed passenger steamer by the owner or any person in his employ, and who, after having had the amount of his fare (if he has paid the same) returned or tendered to him, nevertheless persists in attempting to enter such steamer ; (2) Any person who, being drunken or disorderly on board any such steamer, is requested by the owner or any person in his employ to leave the same at any place in the IJnited Kingdom at which he can conveniently so do, and who, having had the amount of his fare (if he has paid the same) returned or tendered to him, refuses to comply with such request ; (3) Any person on board any such steamer who, after warning by the master or any other officer of the steamer, molests or continues to molest any passenger ; (4) Any person who, after having been refused admission into any such steamer by the owner or any person in his employ on account of such steamer being fuU, and who after having had the full amount of his fare (if he has paid the same) returned or tendered to him, nevertheless persists in attempting to enter the same ; (5) Any person, having got on board any such steamer, who, upon being requested on the like account by the owner or any person in his employ to leave such steamer before the same has quitted the place at which such person -got on board, and who upon having the full amount of his fare (if he has paid the same) returned or tendered to him, refuses to comply with such request ; (6) Any person who travels or attempts to travel in any such steamer without having previously paid his fare, and with intent to avoid payment thereof ; (7) Any person who, having paid his fare for a certain distance, knowingly and wilfully proceeds in any such steamer beyond such distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof ; (8) Any person who knowingly and wilfully refuses or neglects, on arriving at the point to which he has paid his fare, to quit any such steamer ; and (9) Any person on board any such steamer who does not, when required by the master or other officer of such steamer, either pay his fare or exhibit such ticket or other receipt (if any) showing the payment of his fare as is usually given to persons travelling by and paying their fare for such steamer ; Shall for every such offence be hable to a penalty not exceeding forty Penalties on drunken or disorderly passengers. On persons molesting passengers. Penalties on persons forcing way on board the ship when full. And on persona refusing to quit the ship when full. Penalties for avoiding payment of fares. (i) 25 & 26 Vict. c. 6.8. 510 CHAP. XIII.— PASSENGERS. Penalty for injuring steamer or molesting Manner of apprehending offenders. Penalty on persons refusing to give their name and address. Power to refuse or remove who are drunk or misconduct themselves. shillings ; but such liability shall not prejudice the recovery of any fare payable by him. 36. Any person on board any such steamer who wilfully does or causes to be done anything in such a manner as to obstruct or injure any part of the machinery or tackle of such steamer, or to obstruct, impede, or molest the crew or any of them in the navigation or management of such steamer, or otherwise in the execution of their duty upon or about such steamer, shall for every such offence be liable to a penalty not exceeding twenty pounds. 37. It shall be lawful for the master or other officer of any duly surveyed passenger steamer, and for all persons called by him to his assistance, to detain any person who has committed any offence against any of the provisions of the two last preceding sections of this Act, and whose name and address are unknown to such officer, and to convey such offender with all convenient despatch before some justice without any warrant or other authority than this Act ; and such justice shall have jurisdiction to try the case, and shall proceed with all convenient despatch to the hearing and determining' of the complaint against such offender. And by the Merchant Shipping Act, 1854 :(A) 324. Every person who, having committed any of the offences men- tioned in [sub-sections 4, 5, 6, 7, or 8 of s. 35 of the Merchant Shipping Act Amendment Act, 1862], or [any] of them, refuses on application of the master of the ship or of any other person in the employ of the owner thereof to give his name and address, or who on such application gives a false name or address, shall incur a penalty not exceeding twenty pounds, to be paid to the said owner. 325. The master of any home-trade passenger steamship may refuse to receive on board thereof any person who by reason of drunkenness or otherwise is in such a state, or misconducts himself in such a manner, as to cause annoyance to other passengers on board, or if such person is on board, may put him on shore at any convenient place ; and no person so refused admittance or put on shore shall be entitled to the return of any fare he may have paid. (/t) 17 & 18 Vict. c. 104. ( 511 ), CHAPTER XIV. COLLISIONS. §§ 627-684.-— The Liability of Own&i's and Masters for Damage by Collision . .511 §§ 635,636. — Inevitable Acci- dent . . . . .516 §§ 637-6il.— The remedies of the Owner's of the injured Ship 517 § 642, — Limitation of Lia- bility . . . .521 §§ 643-647. — Principles go- verning the right to Com- pensation .... 522 §§ 648-653. — PriTiciples regu- lating the amount of Com- pensation .... 525 §§ 654-684. — The Eegula- tions for pi-eventing Colli- sions at Sea . . .528 §§ 685-687. — :Z'Ae Master's duties after a Collision . 563 Liability of Masters and Owners for Damage hy Collision. § 627. An important part of the master's duty is so to navi- gate his ship as to avoid collision with any other vessel. He is bound to take all such precautions as a man of ordinary prudence and skill, exercising a reasonable foresight, would use to avert danger and to prevent his ship doing damage to others in the circumstances in which he may happen to be placed.(a) And even when his ship is rendering salvage services, if she causes damage to the salved ship by the master's negligence, or gross want of proper navigation, the shipowner, master and salving ship are liable for the damage thus caused. (6) Eegulations (c) have been established by Statutes and Orders in Council for the purpose of preventing collisions at sea, and all owners and masters are bound to carefully observe and obey them.(rf) If any of them are neglected by master or crew, the owners and master will, as a rule, be liable for any damage occasioned by such neglect.(e) A master is liable both to his owners and to third persons for (o) The William Lindsay, L. E. 5 P. C. at 343. (6) The C. S. Butler, L. K. 4 Adm. 178 ; Tlie Dwina, (1892) P. 58. (c) Fast § 654. Id) 25 & 26 Vict. c. 63, ». 27 ; post § 654. Master's duty as to avoiding collisions. (e) But whether the master can be made liable for the negligent acts of the crew appears doubtful in this country, though it has been so held in America. See Blaihie v. Stenibridge, 6 C. B. N. S. 894. 512 CHAP. XIV.— COLLISIONS. Liability of master. Remedy in Court of Admiralty. While action is pending at Common Law, When judg- ment in rem is a bar. Burden of proof. damage resulting from a collision caused by his negligence or mis- conduct, and lie may be sued either at common law or in an Admiralty Courfc.(/) " It is open to any person, who has received damage by a collision, to recover at common law ; or to avail himself of his lien on the ship which he asserts has injured him."(^) § 628. Proceedings in the Admiralty Division against the ship in default afford, in some respects, a better remedy in cases of collision, than an action at law. For here the plaintiff has the power of proceeding in rem, that is, against the ship itself, and of arresting both English and foreign ships. And upon questions of fact, which require skill and experience in navigation, the Court has the assistance of the Trinity Masters. While an action is pending at common law, the Admiralty Division will not allow a suit based on precisely the same grounds. But where the plaintiff has obtained a judgment in an action at Common Law, and is unable to obtain the results of that judgment, owing to the insolvency of the defendants or otherwise, he may afterwards avail himself of proceedings in rem in the Admiralty Division.(A) Nor is a judgment in rem in the Admiralty Division any bar to subsequent proceedings in a court of common law, unless the proceeds of the ship are at least equal to the amount of damage suffered. (i) But where proceedings in rem in respect of the same collision are pending in a foreign court, the Admiralty Division will stay an action here if it deems it contrary to good faith or vexatious.(A) And under certain circumstances a foreign judgment will be an absolute bar to proceedings between the same parties in this country. (Q § 629. In cases of collision, the burden of proof lies upon the owners of the ship seeking to recover damages, and they must establish that the loss was attributable to the fault of the party sued.(m) But if a collision happen between a stationary vessel and a vessel in motion, the latter will be held to blame, unless she can excuse or justify herself (w) When there is a reasonable doubt as to which party is to blame, the loss must be sustained by the party on whom it has fallen.(o) The damage will be presumed to be the consequence of the collision, unless the contrary be shown. " When a collision has (/) The Volant, 1 W. Rob. at p. 387. Ig) Per Dr. Luehington, The John & Mary, Swab, at p. 473. And see The Bemina, 13 Ap.Ca. 1 ; The Petrel (1898) P. 320; {h) The John<& Mary, Swab. 471 ; and see The Bengal, Swab. 468. (i) Nelson v. Couch, 15 C. B. N. S. 99. (h) The Oatterina Ohiazzare, 1 P. D. 368 ; The Peshaumr, 8 P. D. 32 ; The Christiansborg, 10 P. D. 141 ; The Bern- heck, 60 L. T. 209. (I) See Castrique v. Imrie, L. R. 4 H. L. 414. (m) The City of London, Swab. 300 ; 11 Moo. P. C. 311 ; The Bolina, 3 No. of Ca. 208 ; The Ca/rron, 1 Spiuks, at p. 93 ; The Monte Boaa, (1893) P. 23. (m) The Annot Lyk, 11 P. D. 114 ; The Indus, 12 P.D. 46; The Atbano (1892) P. at p. 427; The Culgoa, 9 T. L. R. 664. (o) The Catherine of Dover, 2 Hag. at 154. §§ G27-634.— LIABILITY OF OWNERS, ETC.. FOR COLLISION. 5^3 taken place, though both vessels are to blame, yet the general inference is that the damage accruing was caused by the collision, and the burden of proof is on those who wish to show that any part of it arose from subsequent want of skill in the crew of the damaged vessel."(p) § 630. Negligence has been defined as " a want of that atten- Negligence, tion and vigilance which is due to the security of other vessels ^ "* '* '^' that are navigating on the same seas, and which, if so far neglected as to become, however unintentionally, the cause of damage of any extent to such other vessels, the maritime law considers as a dereliction of bounden duty, entitling the sufferer to repai'ation in damages. "(g') And this want of due vigilance may be shown either in the improper navigation of the ship, such as the absence of an adequate look-out,(7') or in the negligently(s) sending the ship to sea with defective equipment, such as an inadequate crew or inefficient steering gear, (if) § 631. If through the negligence or misconduct of those on Liability for board a ship, another ship either receives or does damage, the damage?'^ ^^ owners of the wrong-doing ship are liable for the damage, even though there was no collision between the two ships. (%) Thus, in one case, the JSlue Bell, coming up the channel to Hartlepool on a dark morning, was compelled suddenly to port her helm by reason of the Indiistry being discovered across the fair way of the channel without any light exhibited. In conse- quence of the manoeuvre, the Blue Bell took the ground, and though her anchor was let go, dragged it and drove against the town wall of Hartlepool, and suffered damage. It was held in the Court of Admiralty that the owners of the Blue Bell were entitled to recover compensation for the damage sustained, (a;) And if a ship becomes unmanageable by the negligence of her crew, and while so unmanageable, comes into collision with another or otherwise does damage, the former ship is liable for the damage so occasioned. (y) ^ 632. Where a master and crew are bound by statute to obey Wheie ship .,,... .J was olieymg the directions of a harbour master, and a collision is occasioned a,uthorit.ies by the ship being conducted according to the harbour master's ofpoit. directions, the ship is not liable, in the absence of contributory (p) Per Dr. Lushington in The Linda, (t) The General Oordon, 63 L. T. Sw. 306 ; The Mellma, 3 W. Bob. 7. 117 ; reversed on the facts, 68 L. T. 469 ; id) Per Lord Stowell in The Dundee, 1 The Virgo, 35 L. T. 519 ; The Warkworth, Hagg. at 120. 9 P. D. 20, 145 ; The European, 10 P. D. {r) TheEmilij, Ohott, 132; The Jndi- 99; T!ie Merchant Prince, (1892) P. ana, 1 Abb. 330 (American) ; Pritchard 179. . t t, „ « , „n„ Adm. Dig. I. 219 ; TJie City of Ijondon, (u) The Industrie, L. B. 3 Ad. 303 ; Swab. 300; The Oeorge, 2 W. Rob. The Sisters,! P. D.ni ; The Oynthia, 386; The Mellona, 3 W. Bob. T, The 2 P. D. 62. . ., ^ „ . , „„„ Urania, Swab. 253 ; TJie Diana, 1 W. [x) The Imlustnc, L. R. 3 Ad. 303. Rob. 131 ; 4 Moo. P. C. 11 ; The Europa, (y) Seccombe v. Wood, 2 Moo. & B. 290 ; 3 & L 89. Romney Marsh v. Trinity House, L, R. 5 \s) Tlie European, 10 P. D. 99. Ex. 204, 7 Ex. 247. 2 K 514 Liability of harbour authority. CHAP. XIV.— COLLISIONS. negligence on the part of her master or crew.(«) And if, under such circumstances, the ship herself receives damage, she can recover against the port authorities.(a) If a master is ordered by the authorities of a port, in which his ship lies, to take up a berth in a particular part of the harbour, there is no obligation upon him to examine the suflBoienoy of a buoy to which he moors his ship in that part, even although that buoy belongs to a private company, if the port authorities sanction the use of such buoy and treat it as a proper and sufficient mooring place for ships frequenting the port. But the master "ought not implicitly to trust to that, which he cannot to a certainty know is a safe buoy, and he ought to take reasonable precautions, in the event of its not holding him, to bring up and to secure himself from danger"; as, for instance, by keeping, his anchor ready to be let go in case of accident. (6) If, through the insufficiency of such buoy, the ship parts from her moorings, and causes damage, and if the master had taken, as above men- tioned, such other reasonable precautions as would be sufficient under ordinary circumstances to meet the exigencies of the case, neither the master nor the shipowner is liable for the damage so caused, (c) But the port authorities will not be Hable where the collision has been caused or contributed to by the act of the master, as for instance in engaging a tug of insufficient power, even when such tug is in the employment of the port authorities, there being no obligation on them to supply a tag.(cl) A vessel suffering damage by the negligence of port or naviga- tion authorities may recover against them, even though not acting under their control or direction at the time of receiving the in- jury. (e) Thus, for example, a harbour or conservancy authority on whom an obligation is imposed to light, buoy, or remove a wreck, will be liable for damage caused to any vessel by a neglect of this duty.(/) On the other hand, if the owner of a ship sunk, whether by his own default or not, abandons possession and control of her, there is no duty cast on him either to remove the wreck or to protect other vessels from coming into collision with it.(^) § 633. The superior officer of a Queen's ship is responsible for (z) The Bilbao, Lush. 149 ; The Oyn- ihia, 2 P. D. 52. (a) The Bhosina, 10 P. D. 24, 131 ; The Apollo, (1891) A. C. 499 ; Seney v. Magistrates of Kirkcudbright, (1892) A. C. 264 ; Tm-ner v. Mersey Docks, Sc, (1891) P. 216 ; (1892) P. 285 ; (1893) Ap. Ca. 468 ; ami see ante § 228. (6) Per Sir Montague Smith, in The WiUiam Lindsay, h. E. 5 P. C. 338. (c) The William Lindsay, L. R. 5 P. C. 338. (d) TheBelgic,2 P. D. 57. (e) Pamahy v, Lancaster Canal Co., 11 A. & E. 223 ; Mersey Docks dh Harbour Board v. Oibbs, L. R. 1 H. L. 93. (/) Dormant v. Fwrness Railway Co., 11 Q. B. D. 496 ; OilbeH v. trinity House, 17 Q. B. D. 795. ia) The Douglas, 7 P. D. 151; Tlie Utopia and The Primula, (1893) Ap. Ca. 492. §§ 627-634.— LIABILITY OF OWNERS, ETC., FOR COLLISION. 5^5 his own negligence, but not for that of an officer under his com- Liability of mand, appointed by the same authority as himself. To such a ^ffi^ers of . . '' . -, Queen s Bhips. case the maxim respondeat superior does not apply, as there can be no reason for making one man liable for the act of another i whom he did not appoint or employ. (A) In cases of tort or damage committed by vessels of the Grown, the legal responsibility attaches to the actual wrongdoer, and the injured party must seek redress from the person who immediately causes the injury.(z) The commanders of Queen's ships have, however, in cases where an appearance has been entered for them by order of the Admiralty, been condemned in causes of damage, where the collision has appeared to be the result of negligence in the management of their ships, although there was no direct personal interference on their part.(/i;) § 634. In the case of ships in tow, it appears to be clear that, Ships in tow. when no directions are given by the ship in tow, the rule is, that the tug shall direct the course. The tug is the moving power, but it is under the control of the master or pilot on board the ship in tow.(^) Under an ordinary contract of towage the tow is therefore liable not only for the deficient equipment, (to) but also for the wrongful acts of the tug, unless they are done so suddenly as to prevent the tow from controlling them.(») It is otherwise, however, where the governing as well as the motive power lies with the tug.(o) But though the tug is ordinarily the agent or servant of the tow, they are not so identified with one another that the tow cannot recover against the tug that which she has been obliged to pay as compensation for the tug's negligence. (^) There is an implied obligation in every contract of towage that the tug shall be efiicient and properly equipped for the service, (g) The tug is bound to use proper skill and diligence, and is liable, in the absence of any agreement to the contrary, (r) for any damage due to her wrongful act. When the contract to tow is made, the law implies an engagement that each vessel will perform its part in completing it ; — that proper skill and diligence (h) NicMson v. Mminsey, 15 East, (m) The Belgic, 2 P. D. 57. 384 ; Story on Agency, sects. 319, 321, (n) The Sinquasi, 5 P. D. 241 ; The 322 ; Wright v. Lethlridge, 63 L. T. Jane Bacon, 27 W. E. 35 ; The Niobe, 572 ; The Mentor, 1 C. Eolj. 179. 13 P. I). 55. (i) Per Dr. Lushington, in The Athol, (o) The American and The Syria, 1 W. Eob. at 381. L. E. 4 Adm. 226; 6 P. C. 127; The {k) The Volcano, 2 W. Eob. 337 ; The Stormcock, 53 L. T. 53 ; The Quickstep, Birkenhead, 3 W. Eob. 75 ; Maude & 15 P. D. 196. Pollock, 615. (p) The Stormcock, 53 L. T. 53. (/) Per Sir Barnes Peacock, Smith v. (q) The Undaunted, 11 P. D. 46. St. 'Lawrence, Sc, L. E. 5 P. C. at 313 ; (r) The United Service, 8 P. D. 56 ; 9 Ihe Isca, 12 P. D. 34. P. D. 3. 516 CHAP. XIV.-COLLISIONS. Ships in tow. will be used on board each ; — and that neither vessel by neglect or misconduct will create unnecessary risk to the' other, or increase any risk which may be incidental to the service under- taken. If, in the course of the performance of the contract, any inevitable accident happens to the one without default on the part of the other, no cause of action will arise. If, on the other hand, the wrongful act of either occasions damage to the other, such wrongful act will create a responsibility in the party commit- ting it, if the sufferer has not by any misconduct or unskilfulness on his part contributed to the accident, (s) Where both are found to blame for injury done to a third vessel, each will be severally liable for the entire damages. (^) The relative liabilities of tug and tow for damage committed by either of them, while under the charge of a pilot compulsorily employed, have been already discussed in § 575. Inevitable Accident. General rule. § 635. Where the coUision is the result of inevitable accident, then neither ship is liable for the consequences, either in the Admiralty Division,('M) or in a court of common la,w.(x) To adopt the words of Sir William Scott : If the accident " happen without blame being imputable to either party, as where the loss is occasioned by a storm or any other vis major, in that case the misfortune must be borne by the party on whom it happens to light, the other not being responsible to him in any degree."(y) Inevitable " An inevitable accident, in view of the law, is that state of '^'hatlt^ circumstances which could not have been avoided by the exercise of ordinary skill, ordinary caution, and diligence. It is not necessary that there should be extraordinary skill or extraordinary precaution ; but if the accident could have been avoided by ordi- nary skill, diligence, and precaution, then it is not an inevitable accident."(2) Thus the sudden breaking down of an apparatus in which there was an inherent latent defect would be an inevitable accident, in the absence of any negligence in the user of the apparatus, (a) (s) Per Lord Kingsdown, The Julia, (?/) The Woodrop Sims, 2 Dods. at 85. Lush. 231 ; Smith v. St. Lawrence, &c., (a) Per Dr. Lusbington, The Plato, L. R. 5 P. C. at 314 ; The Robert Dixon, Holt's Rule of the Road, 263 ; The Oal- 4 P. D. 121 ; 5 P. D. 54 ; Spaight v. Ted- .cutta, 21 L. T. N. S. 768 ; The Virgil, 2 castle, 6 App. Ca. 217. W. Rob. at 205 ; The Marpesia, L. R. 4 (0 27*6 Avon and The Thomas Joliffe, P. C. 212 ; The Secret, 26 L. T. N. S. (1891) P. 7. 670; The Europa, 14 Jur. at 629 ; The (u) The Plato v. The Perseverance, Lochlibo, 3 W. Rob. at 318 ; The Mine- Holt's Rule of the Road, 263; The Hiber- rant, 2 W. Rob. 236; The England, 5 »ia, 4 Jur. N. S. 1244; TheWoodrop Sims, No. of Ca. at 176 ; The Thprnley, 7 Jur. 2 Dods. at 85 ; The Julia, Lush, at 231. 659 ; The Buckhurst, 6 P. D. 132 ; The (x) Lapk V. Sewared, 4 C. & P. 106 ; ^Z6ano,. (1892) P. at p. 427. Harris v. Anderson, 14 C. B. N. S. 499. (a) The Virgo, 35 L. T. 519. §§ 637-641.— REMEDIES OF OWNERS OF INJURED SHIPS. 5]^^ " The master is bound to take all reasonable precautions to " Inevitable prevent bis ship doing damage to others. It would be going '^'joident," too far to hold his owners to be responsible, because he may have omitted some possible precaution which the event suggests he might have resorted to."(6) But an accident is not inevitable merely because it could not be prevented at the very moment at which it occurred. Where it might have been prevented, if proper and reasonable measures had been adopted in due time, it is not inevitable.(c) § 636. Where, in a cause of collision, the defence of inevitable Burden of accident is raised, the burden of proof lies, in the first instance, ^^''° ' on those who bring the suit against the vessel and seek to be indemnified for damage sustained ; and the onus of proving inevitable accident does not attach to the vessel proceeded against, until a primd facie case of negligence and want of due seaman- ship is shown.(c^) But where the defence of inevitable accident is set up on behalf of a ship primd facie to blame for a collision, the defence, to succeed, must be supported by proof that every- thing was done by such ship, which could and ought to have been done, to avoid the collision ; and this, although the ship was in some degree disabled and so less manageable than she would otherwise have been.(e) Thus, if A is solely to blame for a collision with B, in con- sequence of which B afterwards comes into collision with C, B is not liable to if she has done what she could to prevent the second collision.(/) But if there was joint blame for the first collision, and B was driven in consequence against 0, then B would be responsible, however innocent as regards the second collision. (^) What Reineclies the Oivners of Injured Ships have in the Court. § 637. The jurisdiction of the High Court extends to all wrongs committed on the high seas.(7(,) And recent statutes have not only given the Admiralty Divi- sion jurisdiction within the body of a county, but have also (b) Per Sir Montague Smith, in The I. 184; The Ilibernia, 4 Jur. N. S. William Lindsay, L. E. 5 P. C. at 34,3. 1244. (c) The Uhla, 19 L. T. N. S. 89 ; The (g) The Venus, Pritchard's Adm. Dig. Virgil, 2 W. Rob. at 205 ; The Juliet 1. 184 ; .S'eccomie v. Wood, 2 Moo. & R. Erskine, 6 No. Cas. 633 ; The Pladda, 290 ; The Kjohenhavn, 30 L. T. 136. 2 P. D. 34 ; The City of Peking, 14 Ap. (/*) See per Lord Stowell, The Her- Ca. 40. cules, 2 Dods. at 371 ; The Suckers, 4 C. (d) The Bolina, 3 No. of Ca. 208 ; The Rob. 73, 74 n. ; The Leon, 6 P. D. 148. Marpesia, L. E. 4 P. C. 212. By 31 & 32 Vict. c. 71, s. 3, as amended (e) The Calcutta, 21 L. T. N. S. 768 ; by 32 & 33 Vict. c. 51, s. 4, jurisdiction ihe Secret, 26 L. T N. S. 670; The is given to certain County Courts over all George, 2 "W. Rob. 386 ; Tlie Merchant claims for damage to ships by collision or Prince (1892) P. 179. otherwise, where the amount claimed does (/) 'The Venus, Pritchard's Adm. Dig. not exceed £300. 518 CHAP. XIV.— COLLISIONS. Power of judge of Court of Record or Admiralty to arrest foreign ship that has occasioned damage. Power in certain cases to detain ship before applica- tion made to jndge. Who to be defendant to suit in such cases. enabled it to entertain a suit for collision between British or foreign ships in foreign waters, (i) The Admiralty Court Act, 18Ql,(k) enacts: 7. The High Court of Admiralty shall have jurisdiction {1} over any claim for damage done by any ship. This section, however, does not give the Admiralty Division jurisdiction to entertain an action in rem for damages for loss of life under Lord Campbell's Act.(m) And by the Merchant Shipping Act, 1854 :(«) 527. Whenever any injm-y has, in any part of the world, been caused to any property (o) belonging to her Majesty or to any of her Majesty's subjects by any foreign ship, if at any time thereafter siich ship is found in any port or river of the United Kingdom or within three miles of the coast thereof, it shall be lawful for the judge of any Court of Record in the United Kingdom, or for the judge of the High Court of Admiralty, or in Scotland the Court of Session, or the shenff of the county within whose jurisdiction such ship may be, upon its being shown to him by any person applying summarily that such injury was probably caused by the misconduct or want of skill of the master or mariners of such ship, to issue an order directed to any officer of customs or other officer named by such judge, requiring him to detain {p) such ship until such time as the owner, master, or consignee thereof has made satisfaction in respect of such injury, or has given security, to be approved by the judge, to abide the event of any action, suit, or other legal proceeding that may be instituted in respect of such injury, and to pay all costs and damages that may be awarded thereon ; and any officer of customs or other officer to whom such order is directed shall detain such ship accordingly, (g) 528. In any case where it appears that before any application can be made under the foregoing section such foreign ship will have departed beyond the Umits therein mentioned, it shall be lawfxil for any commissioned officer on full pay in the military or naval service of her Majesty, or any British officer of customs, or any British consular officer, to detain such ship until such time as will allow such application to be made and the result thereof to be communicated to him ; and no such officer shall be liable for any costs or damages in respect of such detention unless the same is proved to have been made without reasonable grounds. 529. In any action, suit, or other proceeding in relation to such injury, the person so giving security as aforesaid shall be made defendant or defender, and shall be stated to be the owner of the ship (i) 24 Vict. i;. 10, s. 7 ; 17 & 18 Vict, c. 104, s. 527 ; The Courier, Lush. 541 ; The Diana, Lush. 539 ; The Mali Ivo, L. K. 2 Adm. 356. (A) 24 Vict. 0. 10. (I) The Sylph, L. E. 2 Ad. 24 ; The Clara Killam, L. R. 3 Ad. 161; The Industrie, L. R. 3 Ad. 303. (m) Smith v. Brown, L. E. 6 Q. B. 729 ; The Vera Cruz, 10 Ap. Ca. 59. (n) 17 & 18 Vict. c. 104. (o) This section does not extend to injury to the person. Ha/rris v. Fran- conia, 2 C. P. D. 173. (p) 39 & 40 Vict. c. 80, s. 34, prescribes " penalty of one hundred pounds on the master, and on the owner also if privy to the offence, where the ship proceeds to sea after service on the master of notice of detention, unless released by competent authority. (g) But in the case of an " exempted mail ship " under the Mail Ships Act, 1891, the ship itself cannot be arrested, the remedy being against the security given under s. 3 of the Act. See 54 & 55 Vict. u. 31, SB. 3, 5. §§ 637-641.— REMEDIES OF OWNERS OF INJURED SHIPS. 55^9 that has occasioned such damage ; and the production of the order of the judge made in relation to such security shall be conclusive evidence of the liability of such defendant or defender to such action, suit, or other proceeding. § 638. Proceedings to recover compensation in the Court of Admiralty for damage caused by a collision may be either — 1. By an action in rem, or, 2. By an action in personam. 1. By an action in rem. The usual mode of proceeding in a case of collision in the Ad- The maritime miralty Court is by arresting the ship in an action in rem, founded damage by upon a maritime lien.(r) This lien attaches to the ship and her collision. freight at the moment of collision, and is co-extensive with the owner's interest in the vessel.(s) " It travels with the thing into whosesoever possession it may come. It is inchoate from the moment the claim or privilege attaches, and when carried into effect by legal process, by a proceeding in rem, relates back to the period when it first attached."(<) Though not subject to a statutory limitation, it may be lost by negligence or delay, where the rights of third parties are compromised, (it) but where reasonable diligence is used, and the proceedings are had in good faith, it may be enforced even against a hond-fide purchaser with- out notice.(2;) And it takes precedence of the liens of pilotage and bottomry, and of wages, except where earned on a British ship subsequent to the collision.(?/) § 639. This lien attaches to the ship and all her appur- To what it tenances ; to the freight which was in the course of being earned *' ^ ^°" at the time of the collision, and which has actually accrued due 5(3) and to subsequent accretions in the value of the ship, arising from repairs done after the collision, but before the arrest, by the owner at his own expense. (a) But where the repairs have been effected by a stranger, upon the security of a bottomry bond, the case seems to be different. (6). Where a ship was under separate charter-parties as to her (r) Ante § 74. (y) Tlie Aline, 1 W. Eob. Ill ; The (s) The Aline, 1 W. Eob. Ill; The Linda Flm-, Sw. dOQ; TheJBenares, 7 N. Volant, 1 W. Eob. at 388. of C. Supp. 50 ; Tlie Elin, 8 P. D. 129. (t) The Bold Bucdeugh, 7 Moo. P. C. There is no maritime lien fov towage ; at 284. Westrup v. Great Yarmouth Co., 43 (m) The Bold Buccleugh. 7 Moo. P. 0. Ch. D. 241. at 285 ; The Europa, B. & L. 89 ; 2 Moo. (z) The Leo, Lush. 444; The Boediff, P. C. N. S. 1 ; The Kong Magnus, (1891) L. E. 2 Adm. 363 ; The Flora, L. E. 1 p. 223. Adm. 45 ; The Orpheus, L. E. 3 Adm. (x) Tlie Bold Bucdeugh, 3 W. Eob. 308. 220 ; 7 Moo. P. C. 267 ; The Mellona, 3 (a) The Aline, 1 W. Eob. Ill ; The St. W. Eob. at 21 ; The Nymph, Swab. 86 ; Olaf, L. B. 2 Ad. 360. The Griefswald, Swab, at 435; The (6) The AUne, I W. B,oh. 111. Charles Amelia, L. E. 2 Ad. 330. 520 CHAP. XIV.— COLLISIONS. To what the maritime lien for damage attaches. Where the ship is under charter. outward and homeward cargoes, and came into collision with another ship whilst on the outward voyage, it was held that the freight for the homeward voyage, when it had accrued due, was liable to arrest for the damage.(c) The lien does not attach to the cargo on board at the time of collision. The cargo, therefore, cannot be sued for damage, even although it belongs to the shipowner, but it may be arrested for unpaid freight. It will be entitled to release on payment of the freight due into court.(ci) And where at the time of the collision the ship had a cargo on board which belonged to the shipowner, and at the time of the arrest a portion only of such cargo remained on board, the Court refused to release the remainder of the cargo until the freight due upon the whole cargo was paid into court, (e) A plaintiff in a cause of collision suing ship and freight may always arrest the cargo for freight, and if freight be not due, will not therefore incur costs and damages. On affidavit by the shipowner or master that no freight is due, and that he is ready to carry the cargo on to its destination, the shipowner is entitled to have the cargo released.(/) § 640. Whether the lien attaches in cases where the owners, by reason of their having entrusted the control of the ship to others, would not be liable at common law, has been much dis- cussed by the courts. (5') Afe we have already seen, (A) the owners are not responsible where a pilot is employed by compulsion of law. The cases of tug and tow, where the tug has entire control of the navigation, and of a demise of the ship, where the charterer undertakes her entire management, present greater difficulty. The existing state of the law on these points is thus summarised by Sir James Hannen : " The maritime lien arising from collision is not absolute. It is a primd facie liability of the ship, which may be rebutted by showing that the injury was done by the act of some one navigating the ship not deriving his authority from the owners." . ..." By the maritime law, charterers, in whom the control of the ship has been vested by the owners, are deemed to have derived their authority from the owners, so as to make the ship liable for the negligence of the charterers, ^ho are pro hdc vice owners." .... "I draw from these premises the conclusion that whatever is a good defence of the charterers against the claim of the injured person is a good defence for the ship, as it would have been if the same defence had arisen between the owners and the injured person."(i) (c) The Orpheus, L. E. 3 Adm. 208. Snby Queen, Lush. 266 ; The Ticonder- (d) The Victor, Lush. 72 ; The Leo, oga, Sw. 215 ; T/ie Orient, L. R. 3 P. C. Lush. 444 ; The Flora, L. E. 1 Adm. 45. 696 ; The Lemington, 2 Asp. 475; The (e) The JRoediff, L. E. 2 Adm. 363. Parlement Beige, 5 P. D. at 218. (/) The Flora, L. E. 1 Adm. 45. {h) Ante § 569. ( ?'S where the loss is occasioned by a storm, or any other vis major. In that case, the misfortune must be borne by the party on whom it happens to light, the other not being responsible to him in any degree. " Seicondly, a misfortune of this kind may arise where both (i) Tlie Warkworth, 9 P. D. 20, 145. {x) With interest, Smith v. Kirhy, 1 («<) As to the application of this rule Q. B. D. 131. where damage is caused to more than one («) Tlie Franconia, 3 P. D. 164 ; The other ship, see The Cfreadon, 54L. T. 880 ; Palermo, 10 P. D. 21 ; The Petrel, (1893) The Schwan, (1892) P. 419. P. 820. (t() As to apportionment between life (z) The Leon, 6 P. D. 148 ; Chartered and goods claimants, see TAe FicJoWa, 13 Bank of India v. Netherlands Steam P. D. 125. Co., 10 Q. B. D. 521. (a) The Woodrop Sims, 2 Dods. at 85. §§ 643-647.— PRINCIPLES GOVERNING RIGHT OF COMPENSATION. 523 parties are to blame — where there has been a want of due diligence The piinoiple or of skill on both sides. In such a case, the rule of law is, that ™ ""^^"^ *"" the loss must be apportioned between them, as having been lates the right occasioned by the fault of both of them. *? compensa- " Thirdly, it may happen by the misconduct of the suffering party only ; and then the rule is, that the sufferer must bear his own burden. " Lastly/, it may have been the fault of the ship which ran the other down ; and in this case the injured party would be entitled to an entire compensation from the other." § 644. With reference to the first rule it may be observed, Collision that the mere happening of a collision, without more, is no evidence „g evidence'^' of negligence on the part of the ship sued, and that in order to of negligence. fix such ship with the loss, it is necessary for the party suing to give evidence of the absence of reasonable care and maritime skill on the part of the crew of the ship sued.(&) Where a reasonable doubt exists as to the cause of the collision, and there has been no infringement of the Regulations, the court will regard it as the result of accident, and dismiss the suit.(c) § 645. The second rule is founded upon the principle which Division of from ancient times has been applied in the Admiralty Court, that botVio^blame" damage occasioned by a common fault shall be considered a common loss, to be equally borne by both parties.((^) If the owner of one ship bring an action against the owner of another ship for damage by collision, and both ships be found to blame, the party proceeding recovers only a moiety of his damage without costs. If there is a cross-action, and both ships are to blame, the damages are equally divided, each party recovering half his own loss, and bearing his own costs. (e) But if one of the ships, by compulsion of law, had on board a pilot whose default contributed to the accident, the owner of that ship is entitled to recover a moiety of his damage, without any deduction on account of the damage sustained by the other. (/) So, on the same principle, where both ships are found to blame, in action by in an action by the owners of cargo on ship A against ship B, the '=*''S° owners. plaintiffs can only recover one half of the loss sustained by them.(^) This rule as to the equal division of the loss is strictly applied in all cases in which both ships are found to be in default, with- (6) The Catherine of Dover, 2 Hagg. (e) The Milan, Lush, at 398 ; The at 153 ; The Bolina, 3 No. Ca. 208; The Agra, L. R. 1 P. C. 501. ; The Arthur Mary Stewart, 2 W. Rob. 244. Gordon, Lnsh. at 281 ; The City of Man- ic) The Catherine of Dover, 2 Hagg. Chester, 5 P. D. 221. at 154 (/) The Hector, 8 P. D. 218. (d) The lAnda, Sw. 306 ; The Imma- (g) The Milan, Lush. 388 ; Chartered ganda, 8 Moo. P. C. 75; The Aurora, Banhof India v. Netherlands Steam Co., Lush. 327 ; TJie Swanland, 2 Sp. at 110 10 Q. B. D. 521. (m) ; Chapman v.Boyal Netherlands Steam Co., 4P. D. at 160. 524 CHAP. XIV.— COLLISIONS. Tho principles on whicli the Court regu- lates the right to compensa- tion. Contributory negligence. Where plain- tiff alone to blame, no compensation. out reference to the degree of blame which may attach to the one or the other, for the court cannot apportion the damages accord- ing to the quantum of neglect.(/i) It does not follow, however, that both ships will be found to be in default, even though both may have been guilty of negligence contributing to the collision or the damage ensuing thereon. For in cases not covered by the statutory penalty which attaches to an infringement of the Eegu]ations,('i) the common law rule of contributory negligence applies, and the plaintiff can recover nothing, though the defendant be guilty of negligence contribut- ing to the collision, if the plaintiff, by the exercise of ordinary care, exerted up to the moment of the collision, could have avoided it.(Jc) And by parity of reasoning, if the collision be due entirely to the negligence of A, and the damage wholly to the negligence of B, A can recover nothing against B if by the exercise of ordinary care, exerted up to the moment of the collision, he could have avoided the damage consequent on B's negligence.(Z) But if in such a case B's negligence is not apparent to A so as to throw upon him the obligation of avoiding its consequences in addition to the duty of not himself being guilty of any negligence, the court will hold both vessels to blame, and the loss will be divided, (m) § 646. In cases falling within the third rule, where the plain- tiff is alone to blame for the collision, the court will dismiss the action with costs, (w) and pronounce for the counterclaim, if there be one. (A) The Swanland, 2 Sp. 110 (») ; The Milan,lMsh.a,ti01. Mr.Eothery, formerly Registrar of the Court of Admiralty, has thus explained the working of this rule: — If A and B are the owners of two ships, worth respectively £10,000 and £50,000, and the ships come into collision, and both are alike to blame for the collision; then — If A's ship goes do wn and B's is un- inj ured, A is entitled to recover one-half of his loss, or £5000, from B ;— If B's ship goes to the bottom, and A's is uninjured, then B is entitled to receive £25,000 from A for a moiety of his damage ; — If both go to the bottom, then A is en- titled to receive £5000 from B for a moiety of his damage, and B is entitled to receive £25,000 from A for a moiety of his damage. Thus each loses £30,000. In plain words, an owner who has been partly the cause of the injury of his own ship, is allowed to recover partial com- pensation. But this extraordinary rule has pre- vailed in Europe since the fourteenth cen- tury, and has been adopted by many nations. See The Consolato- del Mare, PardeSBus, vol. i. 174; The Laws of Oleron, Pavdessus, vol. i. 334 ; Les Us et Coatumes de la Mer, 1671 (Ordonnances, 50 & 70) ; The Black Book of the Admi- ralty, edited by Twiss, 1871, Art. 15, p. 108 ; Les Coutumes Maritimes d' Amster- dam, Arts. 12, 13, & 14, Pardessus, vol. i.412. It was introduced into France by the laws of Oleron ; into Germany and the Northern States by the Ordonnances of Wisbuy ; into Spain by the Siete Parti- das ; into England by the Black Book of the Admiralty ; and into the Low Coun- tries by the Jngements de Damme and the Coutumes Maritimes d' Amsterdam. This law is now administered by the three most important maritime powers — England, the United States, and France, and by all other maritime countries. (i) 36 & 87 Vict. c. 85, s. 17 ; ^ost § 656 ; The Hochung and The Lapwing, 7 Ap. Ca. 512 ; The ArUow, 9 Ap. Ua.l36. (Tc) Camzer, Irvine & Co. v. The Owrron Co., 9 Ap. Ca. 873 ; The Monte Bom, (1893) P. 23. (/) The Monte Bosa, (1893) P. 23. (m) The Margaret, 6 P. D. 76. (m) The Ligo, 2 Hagg. 356; The Catherine of Dover, 2 Hagg. at 154. §§ 648-653.— PRINCIPLES REGULATING AMOUNT OF COMPENSATION. 525 If the ship sued, although not to blame for the collision, has The principles been guilty of miscondr.ct in neglecting to render assistance after 2? '"^'°^ ^'^^ the collision, the court, while dismissing the action, will either lates the right refuse costs, or condemn the defendant in costs.(o) Where a ^^compensa- ship is arrested by Admiralty process, and the plaintiff fails to establish his case, no damages for detention occasioned by the arrest will be allowed to the defendant, in the absence of mala fides or mahcious negligenceXi?) But if the seizure of the vessel be the result of tnaloj fides or crassa negligentia implying malice, proof of actual damage is not necessary to sustain an action in a Court of Admiralty.(g) And it would appear that an action lies also at common law for the malicious arrest of a ship by Admiralty process, {r) § 647. In cases falling within the fourth rule, where the de- Where fendant is alone to blame, the general principle is, that the in- ^^j^^g ^^ jured person is entitled, subject to the limitations imposed by blame, statute, to full compensation for all damage and loss occasioned by collision, and to his costs ; restitutio in integrum being the govern- ing maxim, (s) full compensation. The Principles upon which the Court proceeds in Assessing the Amount of Compensation. § 648. The principle upon which the court proceeds in General rule, assessing the amount of damages is, that whenever damage has been done by one ship to another, the parties are to be restored into a state similar to that in which they were before the acci- dent ; that is to say, they are to have the full value of the pro- perty lost.(^) Where the ship is only damaged, her owners are entitled to a complete repair of all the damage done, notwith- standing that the result may be to render the ship more valuable than she was prior to the collision, (m) But such repairs only will be allowed as become necessary on account of the collision. (a;) The court may award full compensation for the damage, both direct and consequential, which has been sustained by a collision, subject of course to the statutory limitations of the liability of owners given a.hove.(y) Thus, the loss of the benefit (o) See 36 & 37 Vict. u. 85, s. 16, (s) The Gaeelle, 2 W. Rob. at 281 ; post § 687 ; The Celt, 3 Hagg. 321 ; The The Clyde, Swab. 23 ; The Matchless, Gatalina, 2 Spinks, 23. 10 Jur. 1017 ; Williams & Bruce, 89. (p) TheEvangelismos, Swah. 378; The {t) The Clyde, Swab. 23 ; The Gazelle, .Peri, 32 L. J. Adm. 46 ; The Strathnaver, 2 W. Kob. at 281. 1 Ap. Ca. 58 ; and see The Collingrove, {u) The Pactolus, Swab. 173 ; The 10 P. D. 158. Clyde, Swab. 23 ; The Bernina, 65 L: T. (a) The Walter D. Wallett, (1893) P. 781. 202. {x) The Alfred, 3 W. Eob. at 239 ; (r) The Evangelismos, Sw. 378 ; The The Princess, 52 L. T. 932. w, 1 Ap. Ca. at p. 67 ; The {y) 25 & 26 Vict. i;. 63, s. 54 ; supi-a Walter D. Wallett, (1893) P. 202. § 642. 526 CHAP. XIV.— COLLISIONS. The principles on which the Court assesses the amount of compensation. What conse- qTieotial damage may be recovered. Burden of proof. of an agreement, the performance of which has been interfered with by the collision, may be taken into account by the court,(a) but no damages will be allowed in respect of loss of market due to delay in the arrival of the cargo.(a) Loss of freight, (&) fishiag profits, (c) and actual expenses in- curred through the detention, such as lodging, maintenance, and wages of the crew,(^) will also be taken into consideration in assessing the damage. But a general average contribution from ship to cargo, in respect of goods jettisoned in consequence of a collision, is not recoverable from the wrongdoing ship, the obligation to contribute not being directly due to the collision, but arising from the relation between ship and cargo, (e) § 649. A vessel which causes a collision will not be held liable for any consequential damage, which the injured ship might have avoided by the exercise of ordinary care, nautical skill, and courage.(/) But, to prevent the plaintiffs recovering, it must be shown that they neglected to do what a reasonable man would have done under similar circumstances, when he had no other judgment but his own to resort to. The mere fact that they did not adopt the best and wisest measures will not prevent their recovering.(^) Thus, if a collision takes place between two ships by the negligence of the crew of the defendant's ship, whereby the plaintifE's ship is injured, and afterwards and before any effort has been made to save the plaintiff's ship, her master and crew unjustifiably abandon her, and she is consequently totally lost, the defendant will not be liable for such total loss, but only for the expense which would have been incurred in making good the actual damage occasioned by the collision.(A) And if, owing to a collision, a ship becomes unmanageable, and in consequence suffers further damage, compensation for the whole loss will be awarded ; but the defendants cannot be made liable for damage which, although incidental to the collision, might clearly have been prevented by the exercise of ordinary nautical skill and common care on the part of the crew of the plaintiff's ship.(i) As we have already seen, (A) the burden of proving that the (a) The Betsy Caines, 2 Hag. 28 ; Tlie Yorhshireman, 2 Hag. 30 ; Tlie iStar of India, 1 P. D. 466 ; The Argentina, 13 P. D. 61,191; WAp.Ca. 519. {a) The Netting Hill, 9 P. L». 105. See ante § 327. (6) The Yorkshiremwn, 2 Hag. 30; The Canada, Lush. 586. (c) The Misoluto, SF. J). 109. (d) The Citij of PeUng, 15 Ap. Ca. 438. (e) The Marpessa, (1891) P. 403. (f) Tlie Thuringia, 41 L. J. Adm. 44 ; The Flying Fish, B. & L. 436 ; The Linda, Sw. 306 ; Tindal v. Bell, 11 M. & W. 228 ; The HoAisa, 58 L. T. 530. {g) The Linda, Sw. 306 ; Tindal v. Bell, 11 M. & W. 228. (/*) TheThuringia, 41 L. J. Adm. 44 ; TJie Flying M»h, B. & L. 436. (i) The Bolides, 3 Hagg. 367 ; . The Flying Fish, B. & L. 436 ; Williams & Bruce, 104. [h) Ante.% 629. §§ 648-653.— PKINCIPLES EEGULATING AMOUNT OF COMPENSATIOK. 527 total loss resulted immediately from want of ordinary nautical skill The principleB and courage, and not directly from the collision, lies upon the original Sf which the _ ^ T 1 ■(» I* V- 'OUrt £16S6SS6S wrongdoers.(i) Accordingly, if a ship is disabled by collision, the amount of and shortly afterwards and while in a disabled state, sinks or fio^P^'isation. drives ashore, and so is lost or receives further injury, the court will primd facie presume, in the absence of evidence to the con- trary, that all the subsequent damage was occasioned by the collision, and not by the mismanagement of the persons on board.(m) § 650. Where after a collision the owner or master of the Costs of injured ship spends more money in raising or repairing her than repajrinc^ she is worth, if he has not acted prudently, even although he has acted hondjlde, the court will not suffer the wrongdoing ship to be held responsible for more than a total loss. Thus, where a ship carrying cargo was sunk in a collision, and was raised and repaired, and the costs of the repairs exceeded the original value of the ship, the costs of the repairs were disallowed, and the amount to be paid as compensation was calculated thus ; — ^the value of the ship immediately before the collision was ascertained, and to this was added a sum representing interest from the time when the cargo would in ordinary course have been delivered, and a sum equal to the cost incurred in raising and inspecting the wreck ; from the gross sum thus ascertained the value of the wreck was deducted, and the remainder was declared to be the measure of damages in' the action. (??,) If, in such a case, the master adopts the more prudent course If sold. of selling the ship, his owners will be entitled to recover her value previous to the collision, subject to a deduction equal to the amount produced by her sale.(o) § 651. If a vessel, abandoned by her crew under reasonable Salvage. apprehension of danger in consequence of a collision, be after- wards brought into port by another ship, the amount paid for salvage may be recovered against the ship found to blame for the collision. (^3) And in such a case the costs of a salvage action, (§') though not the commission paid for bail, will be recoverable as part of the damages, (r) § 652. The court will award interest on the amount re- Interest. covered, (0) even where the owner's liability is limited under 25 & 26 Vict. c. 63, s. 54. In case of a total loss, if the ship is carrying cargo, interest is allowed on the value of the ship and (l) The Thuringia, 41 L. J. Ad. 44 ; when the master may sell the ship, see The Linda, Sw. 306 ; The Kingston-hy- §§ 412-416, ante. Sea, 3 "W. Rob. at 157 ; The Fenslier, (p) The Blenheim, 1 Sp. 285 ; The Sw. 211. Legatus, Sw. 168; The Pemher, Sw. (m) The Mellona, 3 W. Hob. 7. 211. (n) The Empress Eugenie, Lush. 138 ; (?) The Legatus, Sw. 168. ■Williams & Bruce, 100. ()■) The British Commerce, 9 P. D. (0) The Smith Sea, Sw. 141. As to 128. 528 CHAP. XIV.— COLLISIONS. The principles freight from the time when the ship would probably have reached CouTuL^ses ^®^ P°^*^ °^ destination. If the ship is not carrying cargo, the amount of interest is allowed from the date of the collision, (s) And the compensation. ^^^^ .^-jj^ g^j^^ ^^low interest on the money expended in repairsi from the date of payment.(^) Demurrage. § 653. In cases of partial damage, compensation will be awarded by way of demurrage for the time during which the ship is necessarily delayed for the purpose of efEecting the repairs rendered requisite by the collision, and of transacting business unquestionably connected with the collision ; (tc) — for those gains, which in the ordinary course of the employment of the ship, would have been made, and which under the circumstances have been lost ;(x) — and also for the expenses consequent upon the detention of the ship. (2/) But in calculating the amount of demurrage and of compensation for the loss of freight, deduction must be made for such disburse- ments as would necessarily be incurred in earning it.(s) The statutory provisions. Eegnlations to be pub- lished. The Statutory Provisions and Regulations noio in force for preventing Collisions at Sea. § 654. Statutory regulations with the object of preventing collisions at sea were first prescribed by the Legislature in 1846, but previous to that date necessity and general usage resulting therefrom had recognised certain specific rules for governing the conduct of ships at sea. The existing regulations are made under the Merchant Shipping Act Amendment Act, 1862, (a) the material sections of which are as follows : 25. On and after the first day of June one thousand eight hundred and sixty-three, or such later day as may be fixed for the purpose by Order in Council, the Regulations contained in the Table marked (C) in the Schedule hereto shall come into operation, and be of the same force as if they were enacted in the -body of this Act ; but her Majesty may from time to time, on the joint recommendation of the Admiralty and the Board of Trade, by Order in Council, annul or modify any of the said Regulations, or make new Regulations (6) in addition thereto or in substitution therefor ; and any alterations in or additions to such Regulations made in manner aforesaid shall be of the same force as the Regulations in the said Schedule. 26. The Board of Trade shall cause the said regulations, and any alterations therein or additions thereto hereafter to be made, to be (s) The Amalia, 34 L. J. Ad. 21; Straker v. Eartland, 34 L. J. Ch. 122 ; Tlie Nortlmmbria, L. R. 3 Ad. 6 ; Smith V. Kirby, 1 Q. B. D. 131. (t) TheSehe, 2 AV. Rob. 530. (m) The City of Buenos Ayres, 25 L. T. 672. {x) The Black Prince, Lush, at 574. (2/) Thelnflexible,Sw. at 204; The City of Buenos Ayres, 25 L. T. 672. (2) Th£ Gazelle, 2 W. Rob. 279 ; The Canada, Lush. 586. See also The Thy- atira, 8 P. D. 155. (a) 25 & 26 Vict. c. 63. (6) See the regulations now in force under an Order in Council of 11th Aug. 1884 ; infra §§ 658 et seq. §^ 654-684.— REGULATIONS FOR PREVENTING COLLISIONS AT SEA. 529 printed, and shall furnish a copy thereof to any owner or master of a The statutory ship who applies for the same ; and production of the Gazette in which provisions. any Order in Council containing such Regulations, or any alterations therein or additions thereto, is published, or of a copy of such Regula- tions, alterations, or additions, signed or purporting to be signed by one of the Secretaries or Assistant-Secretaries of the Board of Trade, or sealed or purporting to be sealed with the seal of the Board of Trade, shall be sufficient evidence df the due making and purport of such Regulations, alterations, or additions. 27. All owners and masters (c) of ships shall be bound to take notice Owners and of all such Regulations as aforesaid, and shall, so long as the same con- masters bound tinue in force, be bound to obey them, and to carry and exhibit no other *" °^^y tl^e™- lights and to use no other fog signals than such as are required by the said Regulations j and in case of wilful default, the master, or the owner of the ship, if it appear that he was in such fault, shall, for each occasion upon which such Regulations are infringed, be deemed to be guilty of a misdemeanor. 28. In case any damage to person or property arises from the non- Breaches of observance by any ship of any Regulation made by or in pursuance of regulations to this Act, such damage shall be deemed to have been occasioned by the ^py.^'^ wilful default of the person in charge of the deck of such ship at the pergo^ {q time, unless it is shown to the satisfaction of the Court that the eircum- charge. stances of the case made a departure from the Regulation necessary. 30. The following steps may be taken in order to enforce com- Inspection for pliance with the said Regulations : (that is to say) enforcing (1) The surveyors appointed under the [fourth] part (ci) of the '■«S«'ations. principal Act,(«) or such other persons as the Board of Trade may appoint for the purpose, may inspect any ships for the purpose of seeing that such ships are properly provided with lights and with the means of making fog signals in pursuance of the said Regulations, and shall for that purpose have the powers given to inspectors by the fourteenth section of the principal Act ; (2) If any such surveyor or person finds that any ship is not pro- vided, he shall give to the master or owner notice in writing, pointing out the deficiency, and also what is, in his opinion, requisite in order to remedy the same ; (3) Every notice so given shall be communicated in such manner as the Board of Trade may direct to the collector or collectors of customs at any port or ports from which such ship may seek to clear, or at which her transire is to be obtained ; and no collector to whom such communication is made shall clear such ship outwards, or grant her a transire, or allow her to proceed to sea, without a certificate under the hand of one of the said surveyors or other persons appointed by the Board of Trade as aforesaid, to the efiect that the said ship is properly provided with lights and with the means of making fog signals in pursuance of the said regulations.(/) 31. Any rules concerning the lights or signals to be carried by vessels (e) 17 & 18 Vict. 0. 104, s. 4, exempts been issued to them, which were pre- her Majesty's ships from the application cisely in accordance with the same." of these regulations, but the Queen's {d) See 35 & 36 Vict. c. 73, s. 13, Advocate, in the case of H.M.S. Supply, ante § 597. (12 L T. 799), stated, " that although (e) 17 & 18 Vict. c. 104. those in charge of her Majesty's ships (/) See 39 & 40 Vict, c 80, ss. 14, 21, were not bound in law by such regu- ante §§ 602, 594. latious, instructions had nevertheless 530 Statntory provisions. Bules for harbours under local Acta to con- tinue in force. In harbours and rivers where no such rules exist they may be made. Foreign ships in British jurisdiction to be subject to regulations. Kegulations when adopted by a foreign country may be applied to its ships on the high seas. Effect of Order in CouDcil. CHAP. XIV.— COLLISIONS. navigating the waters of any harbour, river, or other inland navigation, or concerning the steps for avoiding collision to be taken by such vessels, which have been or are hereafter made by or under the authority of any local Act, shall continue and be of full force and effect, notwithstanding anything in this Act or in the schedule thereto contained. 32; In the case of any harbour, river, or other inland navigation for which such rules are not and cannot be made by or under the authority of any local Act, it shall be lawful for her Majesty in Council, upon application from the harbour trust or body corporate, if any, owning or exercising jurisdiction upon the waters of such harbour, river, or inland navigation, or, if there is no such harbour trust or body corporate, upon application from persons interested in the navigation of such waters, to make rules concerning the lights or signals to be carried, and concerning the steps for avoiding collision to be taken by vessels naviga:ting such waters ; and such rules, when so made, shall, so far as regards vessels navigating such waters, have the same effect as if they were regulations contained in table (C) in the schedule to this Act, notwithstanding anything in this Act or in the schedule thereto contained. (^) § 655. As to foreign ships the Act provides : 57. Whenever foreign ships are within British jurisdiction, such regulations (A) for preventing collision as are for the time being in force under this Act, and aU provisions of this Act relating to such regulations, or otherwise relating to collisions, shall apply to such foreign ships ; and in any cases arising in any British court of justice con- cerning matters happening within British jurisdiction, foreign ships shall, so far as regards such regulations and provisions, be treated as if they were British ships. 58. Whenever it is made to appear to her Majesty that the govern- ment of any foreign country is Willing that such regulations (A) for pre- venting collision as are for the time being in force under this Act, or any of the said regulations, or any provisions of this Act relating to collisions, should apply to the ships of such country, when beyond the limits of British jurisdiction, her Majesty may, by Order in Council, direct that such regulations, and all provisions of this Act which relate to such regulations, and all such provisions as aforesaid, shall apply to the ships of the said foreign country, whether within British jurisdiction or not.(^) 61. Whenever an Order in Council has been issued under this Act, applying any provision of this Act, or any regulation made by or in pursuance of this Act to the ships of any foreign country, such ships shall in all cases arising in any British court be deemed to be subject to such provision or regulation, and shall for the purpose of such provision or regulation be treated as if they were British ships. § 656. The effect of an infringement of any of the regula- tions on the liability of a ship in case of collision is thus pre- scribed by the Merchant Shipping Act, 1873 -.(k) Brazil, Chili, Denmark, France, Greeice, Italy, Norway, Portugal, Sweden, and Turkey. The previous regulations of 1879 apply to certain other countries, of which Germany, the Netherlands, and the Unitedi {g) Various bye-laws have been made under this section > (h) See regulations now in force, post §658 etseq. (i) Under this section various Orders in Council have been made applying the regulations to ships on the' nigh seas belonging to tjie following countries : — States are the most important. (k) 36 & 37 Vict. 0. 85. §§ 654-684.— REGULATIONS FOR PREVENTING COLLISIONS AT SEA. 531 17. If in any case of collision it is proved to the court before which the case is tried that any of the regulations for preventing collision con- tained in or made under (I) the Merchant Shipping Acts, 1854 to 1873, hsis been infringed,(m) the ship by which such regulation has been infringed shall be deemed to be in fault,(w) unless it is shown to the satisfaction of the court that the circumstances of the case made departure from the regulation necessary.(o) To render a vessel liable under this section it is not necessary to prove that the infringement of the regulation actually caused or contributed to the collision ; it is enough to show that it might possibly have done so.(^) § 657. The following memoranda and diagrams will be found to be of assistance as illustrating the value of the Eegulations in enabling the master of a vessel to determine the posiliion and course of another ship by observing the bearing of its lights. (Z) The Mersey regulations fall within the operation of this section ; The Lady Dovmshire, 4 P. D. 26. But the Thames rales do not ; The Barton, 9 P. D. 44 ; Cayzer, Irvine <£■ Co. v. Carron Co., 9 Ap. Ca. 873 ; The Monte Bosa, (1893) P. at p. 30. Nor, as a general rule, do the navigation bye-laws of port authorities, unless the statutory regulations are ex- pressly incorporated with them ; The Baithwaite Hall, 30 L. T. 233. (m) But a mere infringement, which by no possibility could have anything to do with the collision, will not render the ship The statutory provisions. Liability for infringement of regulations in cases of collision. liable ; The Magnet, The Duke of Suther- land, The Fanny M. Carvill, L. R. 4 Ad. 417 ; The Englishman, 3 P. D. 18 ; Tlie Glamorganshire, 13 Ap. Ca. 454. (n) Not necessarily solely ; The Hiber- nia, 31 L. T. 806. (o) The Tirzah, 4 P. D. 33; The Khedive, 5 Ap. Ca. 876 ; The Buchhurst, 6P. D. 152. ip) The Fanny M. OarviU,Ju. R. 4 Ad. 417 ; 13 Ap. Ca. 455 (n) ; The ffochung and The Lavwing, 7 Ap. Ca. 512 ; T}ta Arlclow, 9 Ap. Ca. 136. 532 CHAP. XIV.— COLLISIONS. MBMOEANDA AND DIAGRAMS AGREED TO BY THE ADMIRALTY, THE BOARD OF TRADE, AND THE TRINITY HOUSE.(a) These Diagrams are in Two Parts. Part I. includes Diagrams 1 to 4 inclusive, and Part II. Diagrams 5 to 7 inclusive. Part I. Being diagrams and explanations intended to show — First. — ^Tliat.tlie existing rules do not apply to two ships each of which is passing the other ; and Secondly. — ^That no rule is necessary to prevent collisions be- tween two ships each of which is passing the other. (a) These diagrams and memoranda are taken from Mr. Thomas Gray's edition of The Begnlations for Preventing ColllsionB at Sea, by his kind permission. Dixtjgrajrv 1 RED to RED To^hxxtpage 533, §§ 654-684.— KEGULATIONS FOR PREVENTING COLLISIONS AT SEA. 533 TWO STEAM SHIPS PASSING. Mo rule has been made to meet this case, and this diagram is intended to show that no rule is necessary. EED TO RED. Diagram 1. A, a steam ship, sees the RED and WHITE lights only of another steam ship nearly ahead on her own PORT side, — or somewhere on her own PORT side, as B 1 or B 2. The ship carrying the RED light B 1 or B 2 must be passing A in the direction indicated by the RED arrows 1 or 4, or in some intermediate direction. The ship A and the ship carrying the RED light B 1 or B 2 are not " meeting end on or nearly end on so as to involve risk of collision," nor are they " crossing so as to involve risk of collision." They are passing clear of each other. Therefore, as the rules only refer to cases in which " two ships are meeting end on, or nearly end on, so as to involve risk of collision," or in which " two ships are crossing so as to involve risk of collision," no rule applies to this case. The only way in which A can get into collision with the vessel showing the RED light on her own Port side or ahead is by Star- boarding to it, and there is therefore no necessity to make a rule to tell the master of A not to Starboard in such a case. A is not required by the regulations to PORT her helm to the RED light B 1 or B 2 on her own Port side. But A can PORT if necessary, as that will keep the two vessels A and B further apart. 534 CHAP. XIV.— COLLISIONS. TWO STEAM SHIPS PASSING. No mole has ieen made to meet this case, and this diagram is intended to show that no rule is necessary. GEBEN TO GEEEN. Diagram 2. A, a steam ship, sees tlie GREEN and WHITE lights only of another steam ship nearly ahead on her own STARBOARD side ; ■ — or somewhere on her own STARBOARD side as B 1 or B 2. The ship carrying the GREEN light B 1 or B 2 must be going in the direction indicated by the GREEN arrows 1 or 4, or in some intermediate direction. The Ship A and the ship carrying the GREEN light B 1 or B 2 are not "^meeting end on, or nearly end on, so as to involve risk of collision," n;or are they " crossing so as to involve risk of collision." They are passing clear of each other. Therefore, as the rules only refer to cases in which " two ships are meeting end on> or nearly end (m, so as to involve risk of collision," or in which " two ships are crossing so as to involve risk of collision," no rule applies to this case. The only way in which A can get into collision with the vessel showing the GREEN light on her own starboard side, or ahead, is by porting to it, and there is, therefore, no necessity to make a rule to tell the master of A not to port in such a case. A is not required by the regulations to PORT her helm to the GREEN light B 1 or B 2 seen on her own STARBOARD side. But A can STARBOARD if necessary, as that will keep the two vessels A and B further apart. GREEN to GREEN Diax/rojih 2 To ^icepQ^e- 534-, Dixtgranh 3 RED aJvecbdi lb fiwB pope 535. §§ 654-684.— EEGULATIONS FOE PREVENTING COLLISIONS AT SEA. cqc TWO STEAM SHIPS PASSING. Jio rule has been made to meet this case, and this diagram is intended to show that no ride is necessary. EED AHEAD. Diagram 3. A, a steam ship, sees the EED and WHITE lights only of another steam ship, B, ahead end on or nearly end on to herself. The ship carrying the EED light B must be passing to the POET of A in the direction indicated by the EED arrows 1 or 4, or in some intermediate direction. The left hand or port side of the ship carrying the EED light B must, therefore, be end on or nearly end on with A, and for this reason A and B cannot be meeting at all. The ship A and the ship carrying the EED light B are not " meeting end on or nearly end on, so as to involve risk of collision," nor are they " crossing so as to involve risk of collision." Therefore, as the rules only refer to cases in which " two ships are meeting end on, or nearly end on, so as to involve risk of collision," or in which " two ships are crossing so as to involve risk of collision," no rule applies to this case. The only way in which A can get into collision with the vessel showing the EED light ahead is by starboarding to it, and there is therefore no necessity to make a rule to tell the master of A not to starboard in such a case. A is not required by the regulations to POET her helm to a EED light ahead, nor is she required by the regulations to do anything else. A can POET if she chooses, as that will take her further from B. 536 CHAP. XIV.— COLLISIONS. TWO STEAM SHIPS PASSING. No rule has been made to meet this case, and this diagram is intended to shoiv that no rule is necessary. GEBEN AHEAD. Diagram 4. A, a steam ship, sees the GEEEN and WHITE lights only of another steam ship B, ahead end on or nearly end on to herself. The ship carrying the GREEN light B must be passing to the STAEBOAED of A, in the direction indicated by the GEEEN arrows 1 or 4, or in some intermediate direction. The right hand or starboard side of the ship carrying the Green light B may, therefore, be " nearly end on " with A, but as the EED light of B is not seen, A and B cannot be meeting at all. The ship A and the ship carrying the GEEEN light B are not " meeting end on or nearly end on so as to involve risk ef collision," nor are they " crossing so as to involve risk of collision." Therefore, as the rules only refer to cases in which " two ships are meeting end on, or nearly end on, so as to involve risk of collision," or in which '' two ships are crossing so as to involve risk of collision," no rule applies to this case. A is not required by the regulations to port her helm to a GEEEN light ahead. The only way in which A can get into collision with the vessel showing the GEEEN light ahead is by porting to it, and there is, therefore, no necessity to make a rule to tell the master of A not to port in such a case. A can STAEBOAED if she chooses, as that will take her further from B. If A ports to the GREEN light, she must inevitably run across the path of the vessel carrying the Gtreen light. DhograjTh 4^ GREEN aJteoA. lo^Lce pa^e 536. ( 537 ) Part IT. Being diagrams and explanations intended to show that the rules applicable to crossing ships and meeting ships are simple, sufficient, and intelligible. 538 CHAP. XIV.— COLLISIONS. TWO STEAM SHIPS CROSSING. EED TO GREEN. DiAGKAil 5. A, a steam ship, sees the RED and WHITE lights only of another steam ship nearly ahead on her own STARBOARD side ; or somewhere on her own STARBOARD side, as B 1 or B 2. A is actually or may be probably crossing the path of the ship showing the RED light B 1 or B 2. A knows that she herself is crossing the path of B 1 and is crossing the path of B 2 when the course of B 2 is in the direc- tion indicated by the Red Arrows, 2, 3, and 4; — A must therefore assume that she is crossing the path of B 1 or B 2 in whatever direction they may be going. She, A, must get out of the way of B 1 or B 2, because B 1 or B 2, a crossing ship, is on the starboard side of A, and because Article 16 of the regulations provides that " if two ships under " steam are crossing so as to involve risk of collision, the ship " which has the other on her own starboard side shall keep out of " the way of the other." A must get out of the way by stopping, or going ahead, or starboarding, or porting, or going astern, as the circumstances of the case may require. Above all things she must exercise caution and judgment, and she is bound to stop and reverse if there is the least possibility of collision. Diagrajw 5 RED to GREEN To ^Ojce pcLge 538. DixtgraiTL 6 GREEN to RED Bi f To icLce jfOffC- 539, 654-684.— REGULATIONS FOR PREVENTING COLLISIONS AT SEA. 539 TWO STEAM SHIPS CROSSING. GEEBN TO EED. Diagram 6. A, a steam ship, sees tte GREEN and WHITE lights only of another steam ship nearly ahead on her own PORT side ; — or somewhere on her own port side, B 1 or B 2. The ship carrying the Green light B 1 or B 2 must be pro- ceeding in the direction indicated by the arrows 1, 2, 3, or 4, or in some intermediate direction. A, therefore, knows that the ship B 1 or B 2 showing the GREEN light on A's POET side is actually or may be probably crossing her (A's) path. A knows that she herself is to the STARBOARD side of the other crossing ship, B 1 or B 2 ; and that B 1 or B 2, the other crossing ship, must keep out of the way of A ; because Article 1 6 of the regulations provides that " if two ships nnder steam are " crossing so as to involve risk of collision, the ship which has " the other on her own starboard side shall keep out of the way " of the other." A is to stand-on and keep her coarse under Article 22 of the regulations ; — unless any other course or proceeding is necessary to avoid immediate danger, in which case, under Article 23 of the regulations, a departure from her course becomes justifiable and proper. She must be ready to stop and reverse in good time ii there is any appearance of a collision. 540 CHAP, XIV -COLLISIONS. TWO STEAK SHIPS MEETING end on, or nearly end on. THREE LIGHTS AHEAD. Diagram 7. A, a steam sMp, sees all three lights of another steam ship ahead, as B. A therefore knows that she and the steamer B are meeting end on, or nearly end on. A PORTS and keeps her Red and White lights only showing to B. B PORTS and keeps her Red and White lights only showing to A. A and B port because Article 15 of the regulations provides thait " if two ships under steam are meeting end on, Or nearly " end on, so as to involve risk of collision, each shall alter her " course to starboard, so that each may pass on the port side of " the other." 21u^^ lights aheaxl Dijajgraiw 7 2o nice patjc 544). §§ 654-684.— BEGULATIONS FOE PEEVENTING COLLISIONS AT SEA. 541 REGULATIONS FOR PREVENTING COLLISIONS AT SBA.(a) Art. 1. § 658. In the following rules every steam ship which is under Art. l. sail and not under steam is to he considered a sailing ship ; and every steam ship which is tmder steam, whether under sail or not, is to be considered a ship under steam.(b) Where a vessel is being towed by a steam tug, the vessel and the tug are to be treated, for the purposes of these regulations, as one steam ship, for the conduct of which the vessel towed is responsible.(c) Art. 2. Bules concerning Lights. § 659. !the lights mentioned in the following articles, numbered Art. 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11, and no others, shall be carried in Ligl'ts. all weathers, from sunset to sunrise.(d) (o) Tlr. Gray, in his very able edition of the Eegulations for Preventing Colli- sions at Sea, gives the following aids to memory in four verses : 1. Two Steamships meeting. When both side Lights you see ahead — Port your helm, and show your BED. 2. Two Steamships passing. GBEEN to GBEEN— or, RED to RED— Perfect safely — Go ahead ! 3. Two Steamships crossing. Note. — This is the position of great- est danger ; there is nothing for it bat good look-out, caution, and judg- ment. If to your starboard RED appear, It is your duty to keep clear ; To act as judgment says is proper :— To Port — or Starboard — Back— or, ' her I But whea upon your Port is seen A Steamer's Starboard light of GREEN, There's not so much for you to do, For GREEN to Port keeps clear of you. 4. AU Ships must heep a good look-out, and Steam Ships must stop and go astern if necessary. Both in safety and in doubt Always keep a good look-out ; In danger, with no room to turn. Base her ! — Stop her ! — Go astern ! (6) The Jennie S. Barker, L. R. 4 Ad. 456. (c) The Cleadon, Lush. 158 ; nom. Stevens v. Qourley, 14 Moo. P. C. 92 ; but see The American and The Syria, L. R. 6 P. C. 127. (d) Various local rules as to lights are in operation on the Thames, Mersey, and other rivers. See Marsden's Collisions at Sea, App, 545i CHAP. XIV.— COLLISIONS. Art. 2. This does not mean that no other lights shall be shown on any occasion, but that no other lights shall be carried as fixed lights. Under some circumstances a flare-up light may be shown to give warning in case of danger.(e) The use of an improper light cannot be excused on the ground that it was exhibited by order of a pilot compulsorily employed.(/) Abt. 3. Art. 3. § 660. ^ seagoing steam shvp when under way shall carry : Lights for (a) On or in front of the Foremast at a height above the hull, of B earns ips., ^^^ ^^^^ tlian 20 feet, and if the In-eadth of the ship exceeds 20 feet, then at a height above the hull not less than such breadth, a bright white light, so constructed as to show an uniform and unbroken light over an arc of the horizon q/ 20 points of the compass ; so fixed as to throw the light 10 points on each side of the ship, viz., from right ahead to two points abaft the beam on either side ; and of siich a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least five miles. (b) On the Starboard Side, a green light, so constructed as to show an uniform and unbroken light over an arc of the horizon of 10 points of the compass ;(g) so fixed as to throw the light from: right ahead to two points abaft tfie beam on the starboard side ; and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two Tniles. (c) On the Port Side, a red light, so constructed as to show an uniform and urihroken light over an arc of the horizon o/" 1 points of the compass ; so fixed as to throw the light from right ahead to tvjo points abaft the beam on the port side ; and of such a charcccter as to be visible on a dark night, with a clear atmosphere, at a dis- tance of at least two miles. (d) TJie said green and red side lights shall be fitted with in- board screens, projecting at least thr^e feet forward from the light, so as to prevent these lights from being seen across the bow.Qi) (e) To ensure that the red and green side lights shall show an uniform light from right ahead of the ship to two points abaft, the beam on the port and starboard sides respectively, and shall not show across the bow of the ship itself, the said lights must be fixed and the screens fitted so that the rays from the red and green lights sJiall (e) Tlie Merchant Prince, 10 P. D. degrees, was not an infringement of this 139. regulation ; but see The Tirzah, 4 P. D. (/) The Mipon, 10 P. D. 65. 33. . {g) In The Fire Queen, 12 P. V- 147, , (Ji) The side-lights may, he carried h it was held that an oljscufation of the the rigging ; The Glamorganshire I'S starboard light, to the extent of 2| or 3 Ap. Ca. 454. ' " ' §§ 654-684.— EEGULATIONS FOR PREVENTING COLLISIONS AT SEA. 543 cross the line of the ship's keel projMed ahead of the ship at a Art. 3. reasonable distanee ahead of the ship. With regard to all vessels whose lights are inspected hy the officers of the Board of Trade, the red or green side-light mil rwt he deemed to he fixed and fitted in accordance with the Regulations, unless it is so fixed and screened that a line draivn from the outside edge of the wii^h to the foremost end of the inboard screen of such light shall inake an angle of four degrees, or as near thereto as maybe practicable, with a line drawn parallel vnth the heel of the ship from the outside edge of the wick.(i) A vessel with her anchor down, but not actually holden by and under the control of it, is " under way " within the meaning of this regulation, and is bound to exhibit coloured lights. (/i;) Art. 4. § 661. A steam ship, when towitig another ship, shall, in addition ■^'''- 4- to her side-lights, earn/ tiuo bright white lights in a vertical line one Ifigbts for i^ ' 'J a " _ steam sliips over the other, not less than three feet apart, so as to distinguish her towing other from other steam ships. Each of these lights shall be of the same ^ ^^^' construction and character, and slmll be carried in the same position, as the white light which other sfeam ships are required to carry. if) Art. 5. § 662. (a) A ship, whether a steam ship or a sailing ship, Art. 5. which from, any accident is not under command, shall at night carry, Signals for in the same position as the white light which steam ships are required under com- to carry, and, if a steam ship, in place of that light, three red lights ™*"'1> *j"^ in globular lanterns, each not less than 1 inches in diaineter, in a sti^s. vertical line one over the other, not less than three feet apart, and of such a character as to be visible on a dark night ivith a clear atmo- sphere at a distance of at least two miles ; and shall by day carry in a vertical line one over the other, not less than three feet apart, in front of but not lower than her foremast head, three black halls or shapes, each two feet in diameter. (b) A ship, whether a steam ship or a sailing ship, employed in laying or in picking up a telegrajph cable, shall at night carry in the same position as the white light which steam ships are required to carry, and, if a steam ship, in place of that light, three lights in globular lanterns, each not less than 10 inches in diameter, in a vertical line over one another, not less than six feet apart ; the highest (i) This suh-section was added by the bows of the vessel and the point of Order in Council of Jan. 30, 1893, with a interseoliou of her side-lights, yiew to minimising the difficulties due to (Jc) The Esk, L. E. 2 Ad. 360. the existence of the dark lane between (0 See Art. 3, ante § 660. 544 CHAP. XIV.- COLLISIONS. Art. 5. and lowest of these lights shall be red, and the middle light shall he white, and they shall be of such a character that the red lights shall be visible at the same distance eis the white light. By day she shaU carry in a vertical line one over the other, not less than six feet apart, in front of but not lower than her foreirmst head, three shapes not less than two feet in diameter, of which the top and bottom shall be globular in shape and red in colour, and the middle one diamond in shape and white. (c) The ships referred to in this Article, when nM making any way through the water, shall not carry tlie side-lights, but when making way shall carry them. (d) The lights and shapes required to be shown by this Article are to be taken by other ships as signals that the ship showing them is not under command, and cannot therefore get out of the way. The signals to be made by ships in distress and requiring assistance are contained in Article 27. The words "not under command" mean that the course of the vessel cannot be so properly controlled or directed as to enable her to get out of the way of any peril which she may have to encounter, (m) It will be observed that " making way through the water " means something more than the " under way " of Articles 3 and 6. Aet. 6. -^'ft- 6- § 663. ^ sailing ship (mm) under way,{n) or being towed, shall Lights for carry the same lights as are provided by Article 3 for a steam ship under way, with the exception of the white light, which she shall never carry. Art. 7. for small j^rt. 7. § 664. Whenever, as in the case of small vessels during bad Special lights weather, the green and red side-lights cannot be fixed, these lights shall be kept on deck, on their respective sides of the vessel, ready for use, and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such inanner as to make them most visible, and so that the green light shall not be seen on the port side, nor the red light on the starboard side. To make the use of these portable lights mx)re certain and easy, the lanterns containing them shall each be painted outside with the colour of the light they respectively contain, and shall be provided with proper screens. (m) Tlie P. Cdand, (1891) P. 313; (n) A ship hove to is "under way" (1892) P. 191 ; (1893) A. C. 207. ■within the meaning of this article ; The (mm) A Thames lighter, ordinarily Pen»«yfoomo,23 L. T. 55; and seeArt.3, employed in the river, _ and_ not a sea- ante § 660. going vessel, is not within this lule ; The 0. S. Butler, L. E. 4 Ad. 238. §§ 654-684.— regulations fob preventing collisions at sea. 545 Art. 8. § 665. A ship, tvhether a steam ship or a sailing ship, when at Art. 8. anchor, shall carry where it can best be seen, but at a height not Kiting lights. exceeding 20 feet above the hull, a white light, in a globular lantern of not less than eight inches in diameter, and so constructed as to sJiow a clear uniform and unbroken light, visible all round the horizon at a distance of at least one mile. It being the duty of a ship at anchor to carry a riding light always visible, no such excuse as that of taking the light down to be trimmed will be admitted, if the absence of the light conduces to a collision.(o) Art. 9. § 666. A pilot vessel, when engaged on her station on pilotage Art. 9. duty, shall not carry the lights required for other vessels, but shall Lights for carry a white light at the mast head, visible all round the horizon, and shall also exhibit a flare-up light or flare-up lights at short intervals, which shall never eosceed fifteen minutes. A pilot vessel, when not engaged on her station on pilotage duty, shall carry lights similar to those of other ships. (^p ) This article has been modified as regards steam pilot vessels by an Order in Council of 18th August, 1892, which provides as follows : A steam pilot vessel, exclusively employed for tJie service of pilots Steam pilot licensed or certified by any pilotage authority or the committee of any pilotage district in the United Kingdom, when engaged on her station on pilotage duty, and in British waters, and not at anchor, shall, in addition to the lights required for all pilot boats, carry at a distance of eight feet below her white mast head light a red light, visible all round the horizon, and of such a character as to be visible on a dark night with a clear atmosphere at a distance of at least ttvo miles, and also the coloured side-lights reqtdred to be carried by vessels when under way. When engaged on her station on pilotage duty, and in British waters, and at anchor, she shall carry, in addition to the light reqtdred for all pilot boats, the red light ahove mentioned, but not the coloured side-lights. When not engaged on her station on pilotage duty, she shall carry the same lights as other steam vessels. This addition to Art. 9, rendered necessary by the introduction of steam pilot vessels, draws a distinction, not to be found in the (o) TJie C. M. Palmer, 29 L. T. 120. (p) The Mary Hoimsdl, 4; P. D. 204. 2 M 546 CHAP. XIV.— COLLISIONS. Art. 9. original regulation, between pilot boats engaged on their station on pilotage duty under way, and those similarly engaged at anchor. It will also be observed that the provisions contained in the new matter are limited in their operation to vessels in British waters exclusively employed for the service of licensed(g') pilots. Akt. 10. ■A-rt. 10. § 667. Open boats and fishing vessels of less than 20 tons net Lights for registered tonnage, when v/nder way and when not having their fishing vessels " , ^ " ■, n t -ii- n and boats. TiMs, trawls, dredges, or lines %n the water, shall not be obliged to carry the coloured side-lights ; but every such boat and vessel shall in lieu thereof have ready at hand a lantern tvith a green glass on the one side and a red glass on the other side, and on approaching to or being approached by another vessel such lantern shall be exhibited in sufficient time to prevent collision, so that the green light shall not be seen on the port side nor the red light on the starboard side. The following portion of this Article applies . only to fishi-ng vessels and boats when in the sea off the coast of Europe lying north of Gape Finisterre. (a) All fishing vessels and fishing boats of 20 tons net registered tonn/ige, or upwards, when v/nder way and when not required by the following regulations in this Article to carry and sJww the lights therein named, shall carry and show the sarfie lights as other vessels under way. (b) All vessels when engaged in fishing with drift nets shall exhibit two white lights from any part of the vessel where they can be best seen. Such lights shall be placed so that the vertical distance between them shall be not less than 6 feet and not more than 10 feet; and so that the horizontal distance between them measured in a line with the keel of the vessel shall be not less than 5 feet and not more than 1 feet. The lower of these two lights shall be the more forward, and both of them shall be of such a character and contained in lanterns of such construction as to shoiu all round the horizon, on a darlc night with a clear atmosphere, for a distance of not less than three miles. (c) A vessel employed in line fishing with her lines ov,t shall carry the same lights as a vessel when engaged in fishing with drift nets. (d) If a vessel when fishing becomes stationary in consequence {q) The original portion of the artitle would probably be held to apply also in the ease of unlicensed pilots. See The Mary Hounsell, 4 P. D. 204. §§ 054-684.— REGULATIONS FOB PREVENTING COLLISIONS AT SEA. 547 of her (/ear getting fast to a rock or other ohstruction, she Art. 10. shall show the light and rrmke the fog signal for a vessel Lights for , 7 / \ fishing vessels (e) Fishing vessels and open boats may at any time use a flare- wp in addition to the lights which they are iy this Article required to carry and show. All flare-up lights exhibited by a vessel when traioling, dredging, or fbshi7ig with any kind of drag net sJudl be shown at the after part of the vessel, excepting that, if the vessel is hanging by the stern to her traivl, dredge, or drag net, they shall be exhibited from the bow. (f) Every fishing vessel and every open boat when at anchor between sunset and sunrise shall exhibit a white light visible all round the horizon at a distance of at least one. mile. (g) In fog, mist, or fcdling snow, a drift net vessel atta£hed to her nets, and a, vessel when trawling, dredging, or fishing loith any kind of drag net, and a vessel employed in line fishing with their lines out, shall at intervals of 7iot more tlian tiuo minutes make a blast with her fog horn and ring her bell alternately. This article kas been modified as regards British fishing vessels and boats when in the sea off the coast of Europe lying north of Cape Finisterre. An order in Council of the 30th December, 1884, provides as follows : As regards steam vessels engaged in trawling, when under steam, Spedal provi- such vessels, if of 20 tons gross register tonnage or upwards, f°^K ^^ *" and having their trawls in the water, and not being stationary in consequence of their gear getting fast to a rock or other obstruction, sJiall between sunset and sunrise either carry and show the lights required by the said recited Article 3 of the Begiolations aforesaid f or shall carry and show in lieu thereof and in substitution therefor, but not in addition thereto, other lights of the description set forth in Part I. of the Schedule hereto : As regards sailing vessels engaged in traioling, such vessels, if of 20 tons net register tonnage or upwards, and having their trawls in the water, and not being stationary in consequence of their gear getting fast to a rock or other obstruction, shall between sunset and sunrise either carry and show the lights required by the said recited Article 6 of the Regulations afore- said, or shall carry and shxxw in lieu thereof and in substitiction (»•) The WarwM, 15 P. D. 189. 5 is CHAP. XIV.— COLLISIONS. Art. 10. therefor^ hut not in addition thereto, other lights of the descrip- tion set forth in Part II. of the Schedule hereto. Special lights TJie red and green lights, which are hy this Order permitted as aforesaid to be carried in lieu of the lights required hy Articles ?> and 6 of the said recited Segidations respectively, shall ie of such a cliaracter as to be visible at a distance of not less than two miles on a. darh night, leith a clear atmosphere. And Her Majesty is pleased fwrther to direct tliat steam vessels of 20 tons gross register tonnage or upwards, and sailing vessels of 20 tons net register tonnage or upwards, engaged in trawling, when under way between sunset and sunrise, but not liaving their trawls in tJie water, shall, if steam ships, carry and show the lights required by Article 3 above recited, and if sailing ships, shall carry and show the lights required by Article 6 above recited : Provided, how- ever, that the modifkations and additions .set forth in Parts I., II., of the Schedule hereto shall not be applicable to the fishing vessels and boats of any foreign country, unless and imtil the same shall have been made applicable thereto by Order in Council. SCHEDULE. Part I. — Steam Vessels. (1) On or in front of the foremast head and in the same positiop as the white light which other steam ships are required to carry, a lanthorn, showing a white light ahead, a green light on the starboard side, and a red light on tJie port side ; such lanthorn shall be so constructed, fitted, and arranged as to show an wniform and unbroken vjhite light over an arc of the liorizon of four points of the compass, an uniform and unbroTcen green light over an arc of the horizon of 10 points of the compass, and an uniform and an unbroken red light over an are of the horizon of 10 points of the compass, and it shall be so fixed as to shovj the white light from right ahead to two points on the bow on each side of the ship, the green light from two points on the starboard bow to four points abaft the beam on the starboard side, and the red light from two points on the port bow to four points abaft the beam on the port side : and (2) a white light in a globular lanthorn of not less than eight inches in diameter, and so constructed as to show a clear, wniform, and umhroken light all round the horizon ; the lanthorn containing such white light shall be carried lower than the lanthorn showing the green, white, and red lights as aforesaid, so, however, that the vertical distance between them shall notbe less than 6 feet nor more than 12 feet. §§ 654-684.— REGULATIONS FOR PREVENTING COLLISIONS AT SEA. c^q Part II. — Sailing Vessels. (1) On or in front of the foremast head a lanthorn hamng a Ai-t. jo. green glass on the starboard side and a red glass on the port side, so Special lights constructed, fitted, and arranged that the red and green do not con- ' ™^ '^^^' verge, and so as to show an uniform and uniirohen green light over an arc of tlie horizon of 12 points of the compass, and an %i,niforrii and iinhroken red light over an arc of the horizon of 12 points of the compass, and it shall he so fixed as to show the green light front, right ahead to four points abaft the beam on the starboard side, and the red light from right aJiead to four points abaft the beam on the port side : and (2) a white light in a globular lanthorn of not less than eight inches in diameter, and so constructed as to show a clear uniform and^ unbroken light all round the horizon ; the lanthorn containing such tchite light shall be carried lovjer than the lanthorn showing the green and red lights as aforesaid, so, hoivever, that the vertical distance betiveen them shall not be less than 6 feet ami not more tJmn 1 2 feet. Part II. of this Schedule was further modified by another Order in Council of the 24th June, 1885, applying to British sailing vessels engaged in trawling north of Cape Pinisterre. Such vessels, when haviag their trawls in the water and not being- stationary, are permitted, in lieu of the lights required by Art. G or Part II. of the Schedule to the Order of 30th December, 1884, to carry and show : A white light in a globular lanthorn of not less than eight inches in diameter, and so constructed as to show a clear uniform and unbroken light all round the horizon, and visible on a dark night, vnth a clear atmosphere, for a distance of at least 2 miles ; and also a sufficient s%ipply of red pyrotechnic lights which shall each burn for at least 3 seconds, and shall, when so burning, be visible for the same distance under the same conditions as the white light. The white light shall he shown from sunset to sunrise, and one of the red pyrotechnic lights shall he shown on approaching, or on being approached by another ship or vessel in sufficient time to prevent eollis%on.{s) The present state of the law with regard to the lights to be carried by fishing vessels leaves much to be desired. Article 10 applies only ia certain waters, and its subsequent modifications to British vessels only.(^) It has been held that a steam trawler with sufficient way on (s) The duty to show the pyrotechnic {%) See on this point Maisden's Col- lights applies only where there is risk of lisions at Sea, pp. 385 tt seq^. collision ; The Orioii, (1891) P. 307. 550 Art. 10. Art. 11. Light for ovei-taken skip. Art. 12. Sound signals for fog, &o. CHAP. XIV.— COLLISIONS. ter to act with effect in altering her course for an approaching ship, should carry the ordinary regulation lights prescribed by Art. 3, but if she has no more than just steerage way, and therefore little power of keeping out of the way of another vessel, she should carry the lights prescribed in Part I. of the Schedule to the Order of 1884.Cm) Art. 11. § 668. A ship which is heing overtaken by another shall show from her stern to such last-mentioned ship a white light or a flare- up light. The obligation to show this light does not arise till the vessel, which is being overtaken, has had an opportunity of seeing that the other is approaching on such a course that she cannot see the lights of the overtaken ship. The specified warning must then be given within a reasonable time, to afford an opportunity to the other vessel to keep out of the way, and so avoid risk of collision. («) A vessel is not an overtaking vessel within the meaning of this article, unless she is more than two points abaft the beam of the foremost ship, that is, unless she is in a position from which she is unable to see the coloured lights of the other.(y) The light prescribed by this article must be shown from time to time,(2) but not permanently fixed so as to show when no overtaking vessel is in sight,(a) nor so placed as to be visible over part of the area of a side-light. (6) In the absence of afiirmative evidence of its efficiency, a binnacle lamp is not such a light as is contemplated by this section, (c) Art. 12. Sound Signals for Fog, &c. 8 669. A steam ship shall he provided with a steam whistle or other efficient steam sound signal, so placed that the sound may not he intercepted hy any obstructions, and with an efficient fog horn to be sounded by a belloios or other mechanical means,(d) and also vnth an efficient bell.{e) A sailing ship shall he provided with a similar fog horn and hell. («) The Tweedsdcde, 14 P. D. 164 ; and see The Drnidm, 9 P. D. 164. {x) The Main, 11 P. D. 132. («) The fVamconia, 2 P. D. 8 ; The Main, 11 P. D. 132 ; Tlie Jmbro, 14 P. D. 78. («) TheEssequibo, 13 P. D. 51. {a) The Imbre, 14 P. D. 73 ; but see The Stakesby, 15 P. D. 166. (h) The Palinurm, 13 P. D. 14. (c) The Sreadalbane, 7 P. D. 186 ; Tlte Patrochis, 18 P. D. 54. (d) The Love Bird, 6 P. D. 80. (e) In all cases where the regulations require a bell to be used a drum will be substituted on board Turkish vessels. §§ 654-684.— REGULATIONS FOR PREVENTING COLLISIONS AT SEA. 55 ^ In fog, mist, or falling snow, whether ly day or night, the signals Art. 12. desmbed in this Article shall he used as follows ; that is to say, — (a) A steam ship under way(f) shall make with her steam whistle, or other steam sound signal, at intervals of not more than two minutes, a prolonged Mast. (b) A sailing ship under way shall make vnth her fog horn, at iniervals of not more than two minutes, when on the starboard tack one blast, when on the port tack two blasts in succession, and %vhen with the wind abaft the beam three blasts in succession. (c) A steam ship and a sailing ship, when not under way, shall at intervals of not more than two minutes ring the. bell. By the Washington regulations a " prolonged blast " means a blast from four to six seconds' duration. (^) It is the duty of a vessel when approaching a fog bank to make the fog signals, though she herself be not in a fog.(A.) The neglect to do this does not, however, constitute a breach of the regulations. (i) A sailing vessel tacking in a fog must not change the signal until she gets the wind on the other side.(A) Art. 13. Speed of Ships to be moderate in Fog, &c. § 6 70. Every ship, whether a sailing ship or steam ship, shall, in a Art. 13. fog, mist, or falling snow, go at a moderate speed. Speed in fog: to be mode- What is " moderate speed " depends not on the maximum ''^*^- speed which the vessel can make, but on the circumstances of each particular case, such as the handiness of the vessel, and her position, whether in a crowded channel or on the open seas.(^) " In the Thames, for example, before a whistle is heard, I think that a vessel in a dense fog should be brought as nearly as possible to a standstill, so as only to be just under command. But on the open sea, where the probabilities of actually meeting another ship are less, I do not think that the speed need be as moderate as if a vessel is navigating a narrow channel. ^ ... If a ship at sea, in a dense fog, hears a whistle which should indicate that the other vessel may be from a mile to a mile and a half away, she ought at once to reduce her speed to a moderate rate As (/) As to the meaning of " under way," (A) The Milanese, 43 L. T. 107; on see ante § 660. app. 45 L. T. 151. (g) As to a " short blast," see Art 19, (i) The N. Strong, (1892) P. 106, posits 676. Ik) The Constantia, 62 li. T. 236. ^ [l) The miysia, 46 L. T. 840. 552 CHAP. XIV.— COLLISIONS. Art. 13. the ship comes nearer and nearer, moderate speed becomes more moderate and more moderate. That which was moderate speed when the vessels were two or three miles apart, is not a moderate speed when the vessels are within half a mile of each other, and as the vessels get nearer he must bring his own to as complete a standstill as possible without putting her out of command, and if it is a steamer she must go at least dead slow."(m) Nor is there any general rule that a vessel when approaching another in a fog is not entitled to act with her helm until the signals of the other clearly indicate her direction, but each case must depend upon the special circumstances, (to) Considerations of public convenience,(o) and the fact of the vessel being under contract to carry the mails at a specified rate of speed,(p) have been held to afford no defence to a charge of infringing this regulation. And a ferry steamer crossing a river in a dense fog takes upon herself all the responsibility incident to such a course, (o) because in a dense fog it is the duty of a steamer to anchor as soon as circumstances will permit.(2^) Art. 14. Steering and Sailing Rules. ^^- ^■*- § ^'^l- WTte''^ t'l^o sailing ships are approaching one another, so as MvB^^ to involve risk of collision, one of them shall keep out of the way of the other as follows, viz. : (a) A ship which is running free shall keep out of the way of a ship which is close-hauled. (b) A ship which is close-hauled on the port tack shall keep out of the way of a ship which is close-hauled on the starioard tack. (c) When both are running free with the wind on different sides, the ship which has the wind on the port side shall keep out of the way of the other. (d) When both are running free with the wind on the same side, the ship which is to windward shall keep otit of the way of the ship which is to leeward. (e) A ship which has the wind aft shall keep out of the way of the other ship. In this article, as well as in Arts. 15, 16, 17, and 18, the (m) Per Brett, M.E., in The Dordogne, Mesolution, 60 L. T. 430 ; The Lamea- 10 P. D. 6. For examples of oases in shvre, (1893) P. 47. See also cases under which vessels have been held to blame for Art. Xi'post % &lb, infringing this regulation, see The Perm- (n) The Vindomora, 14 P. D. 172 ; sylvania, 23 L. T. 55; The Magna (1891) A. C.l ; The Mesolution, 60 h.T. Chairta, 25 L. T. 512 ; The City of Brook- 430. ^n, 1 P. D. 276 ; The Kirhy Hall, 8 (o) The Lancashire, L. E.4 Ad. 198. P. D. 71 ; - The Zadoh, 9 P. D. 114 ; The (p) The Vivid, Sw. 88. Beta, 9 P. D. 134; The JEJbor, 11 P. D. (q) The Otter, L. E. 4 Ad. 203. 25 ; The Bosetta, 59 L. T. 342 ; The §§ 654-684.— REGULATIONS FOE PREVENTING COLLISIONS AT SEA. 553 words, " SO as to involve risk of collision," refer to a time before Art. 14. risk of collision has actually arisen, and when not only the collision, but the risk itself can be avoided. The moment of time beyond which action cannot be deferred if the regulation is to be complied with is the moment before risk of collision is constituted, (r) The phrase " close-hauled " has been judicially interpreted to Close-hauled. mean sailing about a point off being close jammed to the wind.(s) In other words, a ship is close-hauled when she is within a point of sailing as near to the wind as she can. Running free is Running free. apparently used as the antithesis of close-hauled, and it seems also to include the case of a ship with the wind aft.(i) A ship hove to on the port tack is bound to keep out of the Ship hove to. way of a crossing ship close-hauled on the starboard tack,(M) but it is otherwise if the latter have the wind free.(aj) If a vessel on ship in stays. the port tack has thrown herself into stays and become helpless, she must nevertheless do what she can in order to keep out of the way of a vessel on the starboard tack.(i/) And the latter, if apprised of the helpless condition of the former, will be under a corresponding duty to execute any practicable manoeuvre that may tend to avoid a collision.(2/) The rules contained in this article are subject to the modifica- tions imposed by Art. 20,(s) requiring a ship overtaking another to keep out of her way, and Art. 22, (a) providing that where by the rules one ship is to keep out of the way, the other shall keep her course. Art 15. § 672. If two ships UTider steam are meeting end on, or nearly ^^^- 15- end on, so as to involve risk of coUision,(b) each shall alter her '^^? *!P^ course to starboard, so that each may pass on the port side of the meeting. other. This Article applies only to cases where ships are meeting end on, or nearly end on, m such a manner as to involve risk of collision, and does not apply to two ships which must, if both keep on their respective courses, pass clear of each other. The only cases to which it does apply are when each of the two ships is end on, or nearly end on, to the other ; in (r) The Beryl, 9 P. D. 137. (ij) Wilson v. Canada Shipping Co., (s) The Marl Wemyss, 61 L. T. 289 ; 2 App. Ca. 389. The Singapore, L. fi. 1 P. C. 378 ; The (s) Post % 677. Breadalhane, 7 P. D. 186. (a) Post § 679. (t) The Privateer, 7 h.H.lv., 105. (b) As to the meaning of, "so as (m) The Posaiie, 5 P.D. 245. to involve risk of collision," see ante {xj The El - ~- ■- M. L.O.240. (x) The Eleamr and The Alma, 2 §671. I. L. Art. 16. Two ships under steam crossing. Overtaking ship. Narrow channels. Winding rivers. 554 CHAP. XIV.— COLLISIONS. -'^'t- 15- other words, to cases in which, hy day, each ship sees the masts of the other in a line, or nearly in a line, with her own ; and ly night, to cases in which each ship is in such a position as to see both the side-lights of the other. It does not apply, hy day, to cases in which a ship sees another ahead crossing her own course; or hy night, to cases where the red light of one ship is opposed to the red light of the other; or where the green light of one ship is opposed to the green light of the other ; or where a red light without a green light, or a green light without a red light, is seen ahead; or where both green and red lights are seen anywhere but ahead. Akt 16. § 673. If t%oo ships under steam, are crossiyig so as to involve risk of collision,(c) the ship which has the other on her own star- hoard side shall heep out of the way of the other. (d) A ship required to keep out of the way of another may do so by porting or starboarding, by going ahead or astern, or by any other manoeuvre that she thinks fit, according to the circumstances.(e) When a vessel is at the same time overtaking and crossing the course of another, she is deemed an overtaking,(/) and not a crossing ship, and is bound therefore to keep out of the way of the other vessel under Art. 20. (g) The fact of a vessel being about to go into dock does not con- stitute a special circumstance under Art. 2 3, (A.) so as to relieve her from the obligation of obeying Art. 16.(i) And the law is the same with regard to a vessel approaching a pilot station in order to take up a pilot. (^) The rule as to crossing ships laid down in this article, applies to narrow channels within Art. 21,(1) where there are no special or local rules to supersede the general rules of navigation.(m) In winding and crowded rivers, where no special rules are in force, the particular direction taken for a few moments in rounding a comer, or avoiding an obstacle, is not such an indication of the real course of the ship as will justify another ship in assuming that the two are crossing, within the meaning of Art. 16.(w) (c) As to the meaning of " so as to involve risk of collision," see ante § 671. (d) As to the correlative duty of the other ship to keep her course, see Art. 22, post § 679. (e) The Nor, 30 L. T. 576 ; The Bou- gainville, L. R. 5 P. C. 316. (/) As to what is an overtaking ship witbin Art. 11, see ante § 668. ISut see also The Moliire, (1893; P. 217. (jg) The Seaton, 9 P. D. 1 ; TheMoliere, (1893) P. 217. (h) Post § 680. (i) The St. Avdries, 54 L. T. 278. (^!) The Ada, 28 L. T. 825. {{) Post § 678. (n) The Leverinffton, 11 P. D. 117. Ab to the Thames rules, see The Oceano, 3 P. D. 60. (ji) Tlie Velocity, L. K. 3 P. C. 44 ; §§ 654-684.— regulations for preventing collisions at sea. 555 Art. 17. § 674. If two ships, one of lohich is a sailing ship, and the Art. 17. other a steam ship, arc proceeding in such directions as to involve Sailing ship risk of collision,(p) the steam ship shall keep out of the way of the under steam. sailing ship.{p) A steam ship hove to with her engines stopped is " proceeding " within the meaning of this Article.(g') " The high degree o£ diligence which is required from a steam ship under the circumstances to which this rule applies has been thus explained by Lord Westbury : ' It cannot be too much insisted on that it is the duty of a steamer, where there is risk of collision, whatever may be the conduct of the sailing vessel, to do everything in her power, that can be done consistently with her own safety, in order to avoid collision.' "(r) Accordingly in cases of collision between a steamer and a sailing ship, although the latter may have been guilty of misconduct, or may not have observed the general steering and sailing regulations, the steamer will be held culpable if it appears that it was in her power to have avoided the collision.(s) And where a steamer is charged with having omitted to do something which ought to have been done, proof of three things is required, — first, that it was clearly in the power of the steamer to have done the thing charged to have been omitted ; — secondly, that if done it would in all probability have prevented the collision ; — and thirdly, that it was such an act as would have occurred to any officer of competent skill and experience in command of the steamer, (s) A tug with a fully laden ship in tow, steaming in the . open sea against a strong head wind, cannot excuse herself under Art. 23 (f) for neglecting to keep out of the way of a sailing ship in accordance with Art. 17. (ti) Only a clear case of necessity will constitute a "special cir- cumstance" under Art. 23,(0 so as to relieve the sailing vessel from the strict obligation of keeping her course, even though the steamer appears to be taking no steps to keep out of her way. (a;) The HsJcani The Mord, L. E. 3 P. G. 436 ; (r) The City of Antiuerp, L. K. 2 P. C. The Sanger, L. R. 4 P. C. 519 ; The at p. 30. Oceano, 3 P. D. 60 ; and see Art. 22, j)Ost (s) The Gity of Antic erp, L. E. 2 P. C. § 679. 25. (o) As to the meaning of " so as to (t) Post % 680. involve risk of oollieion," see araie § 671. (u) Tlie Warrior, L. E. 3 Ad. 553; {p) As to how the steamer may keep The American and Tlie Syria, L. E. 6 out of the way, see ante § 673 ; and as to P. C. 127 ; but as to a steam trawler, see the correlative duty of the sailing ship to The Tweedsdale, 14 P. D. 164. keep her course, see Art. 22, post § 679 ; (x) Tlie Highgate, 62 L. T. 841 ; Tlie The Norma, 35 L. T. 418. General Lee, 19 L. T. 750. As to the (q) The Jennie S. Barler, L. E. 4 Thames rule on this subject, see The Ad. 456. Longnewton, 59 L. T. 260. 556 CHAP. XIV.— COLLISIONS. Art. 18. Steam ships to slacken speed if necessary. Art. 18. § 675. Every steam ship, when approachijig arwthcr ship so as to involve risk of coUisionfy) shall slacken her speed, or stop and reverse if iwxssary. This Article only applies when there is a continuous approaching of two steam ships. Thus, when two steam ships " are meeting end on, or nearly end on, so as to involve risk of collision," as provided for in Art. 15, and one of them at a proper distance ports her helm sufficiently to put her on a course which will carry her clear of the other, and enable her to pass on the port side, she thereby determines the risk, and is not approaching another ship so as " to involve risk of collision " within the meaning of Art. 18, and is not bound to slacken speed or stop.(a) Where one steam ship is overtaking another, the leading ship is not " approaching " the hinder one within the meaning of this article, and is consequently under no obligation to slacken her speed, but should keep her course under Arts. 20 and 22. (a) When one steam ship is approaching another whose exact course cannot be at once ascertained, it is the duty of the former to slacken speed and to wait till she has made out the course of the other before acting with her helm. If she fail to do this, and if she execute a manoeuvre which, though apparently right at the time, afterwards turns out to be wrong, she will be held to blame if a collision ensues.(&) The exigency of the case, implied in the words " if necessary," is not to be estimated by the event. It depends on whether the circumstances were such that a prudent and reasonable seaman should have come to the conclusion that in order to avoid risk of collision he should stop and reverse, (c) Tlui lOiedive. In The Khedivc (d) it was held that actual necessity alone, and not any considerations of discretion and expediency, could excuse the non-observance of the Eegulations. Accordingly The Khedive, though her captain showed no want of skill, care, or nerve, when placed in a position of great difficulty by the sudden wrong manoeuvring of TJie Voorwarts, was held to blame for not having stopped and reversed at the first moment of danger. On the The Benares, other hand, in The £enares,(e) the only chance of escape for The Gerarda was to starboard, and continue full speed ahead. This she did, and was held not to blame on the ground that the case {y) As to the meaning of " so as to involve risk of collision," see ante § 671. (s) The Jesmond, L. R. 4 P. C. 1 ; The Mhondda, 8 Ap. Oa. 549. {a) The Franconia, 2 P. D. 8. (6) The Bona and The Ava, 29 L. T. 781. (c) The Bei-yl, 9 P. D. 137 ; The John Mclntyve, 9 P. D. 135 ; The Theodore H. Rand, 12 Ap. Ca. 247 ; The Ceto, 14 Ap. Ca. 670. (d) 5 Ap. Ga. 876. (c) 9 P. D. 16, afBrming 48 L. T 127. §§ 654-684.— REGULATIONS FOR PREVENTING COLLISIONS AT SEA. 557 was within Art. 23, and that under the circumstances Art. 18 Art. 18. did not apply to her. The facts in The Beryl {f) were as follows: The Aheoim a.-adi The Beryl. The Beryl were crossing within the meaning of Art. 16, and it was the duty of The Abeona to keep out of the way of The Beryl. This she made no attempt to do, and The Beryl when from a quarter to half a mile distant slackened her speed. When within 300 yards of TJie Abeona she stopped and reversed, but not in time to prevent a collision. The Beryl was held to blame for not stopping and reversing sooner. And in The Stanmore (g) The Stanmore. it was held that The Coimwall was to blame for not reversing as well as stopping, as soon as probability of risk of collision arose. Though prompt compliance with Art. 18 is thus enforced by these and other (A) cases, yet the Court does not hold a man bound to exercise his judgment instantaneously ; a short, but a very short time must be allowed him for the purpose of consider- ing whether he should reverse or not.(i) In a fog, if a steamer hears the whistle of another, indicating that she is coming substantially nearer, it is her duty to obey Art. 18, and to stop and reverse, so as to bring herself to a standstill. If she waits till the other ship comes into sight, she will be held to blame if a collision ensues.(A;) Art. 19. § 676. In taking any course authorized or required by these Art. 19. regulations, a steam ship londer way may indicate that course to any Optional sound other ship which she has in sight by the following signals on her indicate steam whistle : course. One short blast to mean " / cwre directing my course to starboard^ Two short blasts to mean " I am directing my course to port." Three short blasts to mean " / am going fidl speed astern." The use of these signals is optional, but if they are used the course of the ship must be in accordance with the signal made. By the Washington Regulations, a " short blast " means a blast of about one second's duration.© Apparently this Article has no application where the other vessel is not in sight, e.g., in a dense fog.(m) (/) 9 P. 137. P. D. 80; The Kirby Hall, 8 P. D. 71 ; [g) 10 P. D. 134. See also The Lan- The John Mclntyre, 9 P. D. 135 ; The eashire, (1893) P. 47. Dordogne; 10 P. D. 6 ; The Mw, 11 (/t) See The Memnon, 59 L. T. 289 on app. 62 L. T. 84 ; Madaren v. Com pagnie Franfaise, Sc, 9 Ap. Ca. 640 The ' - . - - P. D. 25; The Ceto, 14 Ap. Ca. 670 The Lancashire, (1893) P. 47 ; and see Art. 13, fl!nie§670. (l) As to a " prolonged blast," see Art. he Arratoon Apcar, 15 Ap. Ca. 37 (i) The Emmy Haase, 9 P. D. 81. 12," ante § 669 The FranUand and The Kestrel, {m) Marsden, p. 455 4 P. C. 529 ; The Lme Bird, 6 ,T 558 CHAP. XIV.— COLLISIONS. Art. 20. Art. 20. Overtaking ship. The Friscilla. § 677. Notwithstaiidiruj anything contained in any 'preceding Article, every ship, whether a sailing ship or a steam shi/p, overtaJeing any other, shall keep oiot of the way of the overtaken ship.(n) By this Article the overtaking and not the crossing rule is to prevail where there is any. doubt, or, in other words, if a vessel is at the same time overtaking and crossing another, she is to be deemed an overtaking and not a crossing ship, and is therefore bound to keep out of the way of the other.(o) In The Friscilla,(j)) two sailing vessels were beating to wind- ward, close hauled on the same tack, the one a quarter to half a mile behind the other. The leading vessel went about while the other kept her reach, and a collision ensued. It was held that it was the duty of the overtaking vessel to have gone about at the same time as the first, this being the only method under the cir- cumstances of avoiding risk of collision, and that as she had failed to keep out of the way of the other, she was alone to blame. And a sailing vessel, being overtaken by a steamer, is entitled to go about without giving warning of her intention, while it is the duty of the steamer to take measures for avoiding a collision. (g') Art. 21. Steam ships in narrow channels. Art. 21. § 678. In narrow channels every steam ship shall, when it is safe and practicable, keep to that side of the fairway or mid-channel which lies on the starboard side of sibch shij).(r) No particular width or length has been prescribed as constituting a " narrow channel " within the meaning of this article, but the words have been held to be applicable to the Straits of Messina,(s) the entrance to Falmouth harbour, (^) and the junction of the Cardiff drain with the channel leading to the Eoath haBia.(u) Art. 22. Art. 22. When ship bound to keep her course. § 679. Where by the above rules one of two ships is to keep out of the way,{x) the other shall keep her cowse. (ra) As to what is an "overtaking" ship within Art. 11, see ante § 668. But see also The MolUre, (1893) P. 217. As to howthe overtaking shipmay keep out of the way, see ante % 673 ; and as to the correla- tive duty of the overtaken ship to keep her course, see Art. 22, post % 679. (o) The Seaton, 9 P. D. 1 ; The MolUre, (1893) P. 217. (p) L. E. 3 Ad. 125. {q) The Palatine, 27 L. T. 631 ; hut see The Swragossa, 68 L. T. 400. (r) As to the application of this article in waters where local rules of navigation are in force, see Art. 16, ante § 673, and Marsden, p. 465 et seq. (s) The Blwndda, 8 A^. Ca. 5iQ. (t) The Clydach, 51 L. T. 668. (u) The Leiiervngton, 11 P. D. 117. {x) See Arts. 14, 16, 17, 20 a^te. §§ 654-684.— BBGULATIONS I'OR PREVENTING COLLISIONS AT SEA. 559 If a ship bound to keep her course by this Article justifies her Art. 22. departure from the rule under Art. 23, she takes upon herself the obligation of showing not only that her departure was at the time it took place necessary, in order to avoid immediate danger, but also that the course adopted by her was reasonably calculated to avoid that danger. (3/) The word " course " refers to the direction of the vessel's head only, and not to her speed, (s) A close hauled vessel, bound to keep her course, is justified in luffing so as to bring her as close to the wind as she can get, while remaining under command.(«.) In considering whether Art. 22 has been infringed, it be- comes a question in each case as to whether the moment has arrived at which the Regulations become applicable. They come into operation when the time arrives that if either ship does any- thing contrary to the Regulations, risk of collision is involved. Consequently anything done before that period is immaterial, be- cause it cannot produce risk of collision. (&) In a winding river, compliance with Art. 22 does not require a ship bound to keep her course to follow the direction in which her head happens to be turned at the moment she sights another vessel. Her duty is to keep the course prescribed by the customary or statutory rules of navigation for the river, (c) In a narrow channel, where no special or local rules are in force, Art. 22 is applicable. (- T. 84. (k) The Ida and The Wasa, 15 L. T. (r) The Sighgate, 62 L. T. 841. {s) The Sa/ragossa, 68 L. T. 400. §§ 654-684.— REGULATIONS FOR PREVENTINa COLLISIONS AT SEA. 5g| Art. 24. iVb Ship, under any circumstances^ to neglect proper Precautions. § 681. Nothing in these rides shall exonerate any ship, or tlie Art. 24. oitmer, or master, or crew thereof, from the consequences of any Proper preoau- neglect to carry lights or signals, or of any neglect to keep a proper taken™"^ ^ looh-otd, or of the neglect of any precaution which may he required by the ordinary practice of seamen, or hy the special circumstances of the case. The Eegulations, while laying down specific rules for the guidance of seamen in given cases, must be supplemented by the exercise of such reasonable care and skill as are incident to the ordinary practice of mariners, or required by the particular cir- cumstances of the case. Without these precautions not even the closest obedience to the Eegulations will excuse the want of an adequate look-outj (t) or the insuflBciency of the crew for the proper navigation of the ship, or her care in dock ;(^^) or coming to an anchor in an improper place,(«) or with insufficient tackle,(y) or without due regard to the safety of other ships. (2) So a ship whose duty under the Regulations is to keep her course, is nevertheless bound to keep out of the way of a vessel in stays, the latter being helpless and not under command, (a) On the other hand, a ship will be held to blame for improperly going into stays without due regard to the safety of other vessels in her neighbourhood.(&) Special precautions are incumbent where there are special Examples. difficulties of navigation, such as a risk of smelling the ground, (c) or an exceptional current or eddy,(^) or a strong tide in a winding river,(e) or a dense fog,(/) or tempestuous weather, (^) or where a steamer's lights are obscured by her own smoke.(A) And in navigating rivers or narrow channels, regard must of course be had to local customs as well as to prescribed rules, (i) (<) The Batavier, 1 Sp. 378 ; The Bell, 14 L. T. 340 ; The John Femeich, Batavier, 2 W. Rob. 407 ; The Mellona, L. R. 3 Ad. 500 ; The Vivid, 42 L. J. 3 W. Bob. 7 ; The lona, L. K. 1 P. 0. Ad. 57 ; The Phihtaxe, 37 L. T. 540 ; 426 ; The Olannibanta, 1 P. D. 283. The Queen Victoria, 64 L. T. 520. (m) The Excelsior, L. B. 2 Ad. 268; (a) The Ida and Tlie Wasa, 15 L. T. The General Gordon, 63 L. T. 117; 103; Wilson v. Canada Shipping Co., 2 reversed on the facts, 68 L. T. 469 ; The Ap. Ca. 389. Scotia, 63L. T. 324;butsee The Hornet, (&) The Kingston-ly-Sea, 3 W. Bob. (1892) P. 861. 152; The Sea Nymph, Lush. 23; The (x) The Kjobenhavn, 30 L. T. 136 ; The Allan and The Flora, 14 L. T. 860. Aguadillana, 60 L. T. 897. (c) The Balph Creyhe, 55 L. T. 155. (y) The Massachusetts, 1 W. Bob. 371 ; {d) The Bhondda, 8 Ap. Ca. 549 ; The The Bvhy Queen, Lush. 266 ; The Des- City of Peking, 14 Ap. Ca. 40. patch, 14 Moo. P. C. 83; The Pladda, (e) The Smyrna,2Moo. P. C. N. S. at 2 P. D. 34 ; The Kepler, 2 P. D. 40 (n) ; p. 448 ; The Talabot, 15 P. D. 194. The City of Peking, 14 Ap. Ca. 40. (/) The Aguadillana, 60 L. T. 897. (z) the Volcano, 2 W. Bob. 337 ; The (g) The Uhla, 19 L. T. 89. Egyptian, 1 Moo. P. C. N. S. 373 ; (h) The Bona and The Ava, 29 L. T. the Indian and The Jessie, 12 L. T. 586 ; 781. The Maggie Armstrong and The Blv£ (i) The Fyenoord, Sw. 374 ; The Velo- 2 N 562 CHAP. XIV.— COLLISIONS. Art. 24. Where a ship is likely to cause danger to others by reason of her peculiar construction, those in charge of her must neglect no reasonable means or opportunity of warning other ships of the danger of approaching her.(/j) Dumb barges in the Thames carry neither anchors nor lights, and it is therefore incumbent on other vessels to take special precautions for keeping out of their way.(Z) When a ship is being launched, those in charge of her are bound to take the utmost precautions to avoid injury to pass- ing vessels. Accordingly they must give reasonable and sufficient notice, and if necessary warn any vessels that may be in the neighbourhood. (m) When all necessary precautions have been taken, and due notice given, vessels neglecting to get out of the way will be held to blame if a collision ensues.(7i) Art. 25. Eeservation of Bides for Harbours and Inland Kavigativn. Art. 25. § 682. Nothirig in these rules slmll interfere with the operation Saving for of a fecial rule, duly made hy local authority, relative to tlie Tiavi- ffaiion of any Jiarbour, rixcr, or inland navigation. local roles. waite Sail. The legal effect of rules made by local authorities under The Baith- Statutory powers is discussed by Sir R. Phillimore in The Baitlir- waite HaU-ip) " There should, however, be no misunderstanding as to the effect of these and similar bye-laws governing the navi- gation of s river. It cannot be held that, because they or any of them are disobeyed, the vessel disobeying them must therefore be held to blame. They are only evidence of what it is the duty of a vessel to do under the circumstances named in the particular bye-law. As such evidence, however, they are an important element in every case that comes within their provisions, and if it should appear that by the breach of one of them a ship has occasioned or contributed to a collision, the existence of such a bye-law would afford the very strongest reason for holding that that ship had been guUty of a breach of duty, and was to blame for the collision." city, L. R. 3 P. C. 44; The Esk and The The Vianna, Sw. 405 ; The Andalugian Niord, L. R. 3 P. 0. 436 ; The Banger 2 P. D.231 ; The Georqe Moper, 8 P D' and The Cologne, L. R. 4 P. C. 519 ; The 119. Talabot, 15 P. D. 194. (n) The Glengarry, 2 P. D 235 ■ The (7;) H.M.S. BdleTophm, 44 L. J. CacAopoo/, 7 P. 1). 217. Ad. 7. (o) 30 L. T. 233 ; Cawer v. fMrron (0 The Ovcen JTattis, L. R. 4 Ad. 175 ; Co., 9 Ap. Ca. 873. See further as to the ITie Swallow, 36 L. T. 231 ; The Base of operation of local rales, Marsden 523- England, 59 L. T. 262. 527. (m) The Blenheim, 2 W. Eob. 421 §§ 685-687.— the master's duties after a collision. 5(53 Art. 26. Special Lights for Squadwjis and Convoys. § 683. Nothing in these rules shall interfere with the operation Art. 26 of any special rules made hy the Government of any nation with Saving for respect to additional station and signal lights for tiuo or more ships rules for'sMps of war or for ships sailing under convoy. of war. Art. 27. § 684. WJien a ship is in distress and requires assistance from Art. 27. other ships or from the shore, the folloioing shall he the signals to be Distress icsed or displayed by her, either together or separately ; that is to say, ^'^°'' ^' In the daytime — 1. A gun fired at intervals of about a minute ; 2. Tlie International Code signal of distress indicated by N.C ; 3. The distant signal, consisting of a square flag, liaving either above or beloiu it a hall or anything resembling a ball ; At night — 1. A gun fired at intervals of about a minute ; 2. Flames on the ship (as from a burning tar-barrel, oil- barrel, (fee); 3. Backets or shells, throwing stars of any colour or descrip- tion, fired one at a time, at short intervals. Duties of Master in Case of Collision. § 685. After a collision, the master and crew of the injured His duties to vessel are not bound to incur extraordinary risk of life by re- ^^^ °^^ ^'"P- maining on board. (p) But it is their duty to exercise ordinary care, nautical skill, and courage, in endeavouring to save their ship from total loss,(2) and to do what a reasonable man would do under similar circumstances, when he had no other judgment but his own to resort to.(r) When the vessel is injured, and there is any chance of bringing her safe to port, it is the duty of the owner and master to attempt to do so, provided the expense of salvage would not exceed the value of the ship and cargo.(s) It is impossible to lay down any general rule as to the precise When master circumstances which would justify the abandonment of a ship abandon, after a collision. But if there be any reasonable prospect that the lives of the crew are in danger, they are justified in quitting the ship, and the consequence of such abandonment must fall on the wrongdoer.(^) And where they are called upon to act in an (p) The Linda, Swab. 306. (s) The Columbus, 3 W. Rob. at 166. ip) The lAnaa, iSwab. 306. (s) The volumous, 6 w. noo.ai loo. (q) Ihe Thuringia, 41 L. J. Ad. 44. (t) The Blenheim, 1 Spinks. 285 ; The (V) Tindal v. Bell, 11 M. & W. 228 ; Columbus, 3 W. Rob. at 165 ; TheLvndu, The Flying Fish, B. & L. at 448 ; The Swab. 306. Hansa, 58 L. T. 530. 564 CHAP. XIV.— COLLISIONS. The master's duty to his own ship. Emergency, Duty to sue. Master's duties in case of accident. Notice to be given of apprehended loss of ship. Collisions to be entered in official log. Penalty. The master's duties to the injured ship. emergency, great allowance will be made for the difficulties of their position, especially if the circumstances are such as to create fear and panic.('w) If the master has a reasonable doubt whether any measure to be adopted in an emergency would be successful, he is justified in declining to run the risk, and he is not guilty of nautical ignorance or gross negligence in so declining. (a;) It may be the duty of the master of a ship injured by collision in or near a foreign port, to institute an action in rem in the foreign port against the offending ship, on behalf of both ship and cargo. And the cargo owners cannot deny his authority, so long as the suit is pending in their names.(2/) § 686. Masters of steam ships are bound, under a penalty not exceeding fifty pounds, to report to the Board of Trade any acci- dent occasioning material damage to their ship, or loss of life, or serious injury to any person.(s) And in case of the loss or abandonment of any ship, it is the master's duty, as we have seen,(a) to send home the list prescribed by s. 273 of the Mer- chant Shipping Act, 1854.(&) It is also the owner's duty, if he have reason to apprehend the loss of his ship, to give notice to the Board of Trade.(c) The Merchant Shipping Act, 1854,(5) provides as follows : 328. In every case of collision, in which it is practicable so to do, the master shall immediately after the occurrence cause a statement thereof, and of the circumstances under which the same occurred, to be entered in the official log book (if any), such entry to be signed by the master, and also by the mate or one of the crew, and in default shall incur a penalty not exceeding twenty pounds, (c^) § 687. And by the Merchant Shipping Act, 1873 -.(e) 16. In every case of coUision between two vessels it shall be the duty of the master or person in charge (/) of each vessel, if and so far as he can do so without danger to his own vessel, crew, and passengers (if any), to stay by the other vessel until he has ascertained that she has no need of further assistance, and to render to the other vessel, her master, crew, and passengers (if any), such assistance (^) as may be practicable and as may be necessary in order to save them from any danger caused by the collision ; (h) and also to give to the master or person in charge of the other vessel the name of his own vessel, and of her port of registry, or of the port or place to which she belongs, and also the names of the ports and places from which and to which she is bound. (m) The Lotus, Holt, 181. {x) The Plying Fish, B. & L. at 444. \y) The Beinbeok, 60 L. T. 209. (z) 17 & 18 Vict. 0. 104, s. 326. (o) Ante § 225. (6) 17 & 18 Vict. 0. 104. (c) 36 & 37 Vict. c. 85, s. 22. {d) See also s. 282, sub-B. 13, ante i 124. (c) 36 & 37 Vict. c. 85. (/) This is not the pilot, but the master ; The Queen, L. K. 2 Ad. 354. ig) The Adriatic, 33 L. T. 102 ; The Emmy Haase, 9 P. D. 81. {h) This does not debar the innocent sufferer in a collision from salvage reward for services subsequently rendered to the other party to the collision ; The Hamii- hal, L. E. 2 Ad. 53. §§ 685-687.— THE MASTER'S DUTIES AFTER A COLLISION. 565 If he fails so to do, and no reasonable cause for such failure is shown. The master's the collision shall, in the absence of proof to the contrary, be deemed to duty to the have been caused by his wrongful act, neglect, or default.(i) injured ship. Every master or person in charge of a British vessel who fails, with- out reasonable cause, to render such assistance or give such information as aforesaid shall be deemed guilty of a misdemeanor, and if he is a certificated officer an inquiry into his conduct may be held and his certificate may be cancelled or suspended. But although it is the duty of every vessel, whether British or foreign, to render assistance to another, which she has injured in ooUision, this does not compel a ship to remain alongside another so injured, so as to run risk of capture by an enemy's fleet.(fc) Two steamships. The Qiieen and the Lord John Russell, each being under the charge of a compulsory pilot, came into collision. The Queen was solely to blame. After the collision she rendered no assistance to the Lord John Btcssell, and showed no excuse for having failed to do so. It was held that the mere fact of her having a pilot on board did not exempt her owners from liability ; but that, if it had been proved that the collision had been caused solely by the neglect of the pilot on board the Queen, the subsequent misconduct of the master in not render- ing assistance would not have made her owners liable for the collision. (Z) (j) The Adriatic, 33 L. T. 102 ; The Ck) Tlie Tlmrinma, 41 L. J. Adm. 44. Emmy Baase, 9 P. D. 81. Q) The Queen, L. E. 2 Ad. 354. ( 566 ) CHAPTER XV. SALVAGE. §§ 688, Q8d.—When the Right to Salvage arises §§ 690, 691.— Life Salvage . §§ 692-699. — The Essential Ingredients of a Salvage Service .... § 700. — Signals o/ Distress . § 701. — Examples of Salvage Services .... §§ 702-716.— Who may claim as Salvors .... § 717. — Rival Saivors . §§ 718, 719.— Derelict . 566 567 569 573 574 575 586 587 §§ 720, 721. — The Amovmt of the Award . §§ 722-726.— rAe Valuation of the Property . §§ 727 - 731. — Additional Compensation in Special 588 590 591 §§ 732-734.— (Safoa^e Agree- ments .... 593 §§ 736-741. — ApportioTvment 595 § 712.— Contribution . . 598 §§ 7 'lZ-7 ^6. —Farfeitwe . 599 §§ 747 - 752. — The Salvor's . 601 What Salvage is, and Jiow it arises. "Salvage." § 688. SALVAGE IS the Compensation allowed to persons by whose exertions a ship, or hoat, or the cargo of a ship, or the lives (a) of persons belonging to her, are saved from danger or loss, in cases of shipwreck, derelict, capture, or the like. (6) The word " salvage " is also sometimes employed to designate the property saved and sometimes the services rendered. How it arises. " The jurisdiction which the Court exercises in salvage cases is of a peculiarly equitable character. The right to salvage may arise out of an actual contract ; but it does not necessarily do so. It is a legal liability, arising out of the fact that property has been saved, that the owner of the property who has had the benefit of it shall make remuneration to those who have conferred the benefit upon him, notwithstanding that he has not entered into any contract on the subject."(c) however, there was an (o) There is no life salvage due in respect of peisons taken o£F a desert island, where they had heen previously wrecked, hut had got ashore in safety, and were in no immediate danger. The Cargo ex 3 Asp. 50. But see The dina, 1 P. D. 272, on app. 2 P. D. 5 ; in which case, agreement. (6) Maude & Pollock, p. 637. (c) Per Sir J. Hannen, in Mve Steel Ba/rges, 15V. D. at 146. As to the effect of a deviation for the purpose of salvage on avoiding a policy on the ship, see ante §280. § 690.— LIFE SALVAGE. 5(37 § 689. The maritime law as administered by the Court, of Onthehigli Admiralty has from the earliest times rewarded the salvor of ^^^^• property on the high seas. But the right to remuneration where life alone and not property is save5, and the right to salvage reward generally, when the services are performed within the body of a county, depend entirely on statutes of recent date. By the Merchant Shipping Act, 185A:(d) 458. In the following cases (that is to say), whenever a ship(fl) or Salvage in boat is stranded or otherwise in distress on the shore(/') of any sea or aspect of ser- tidal water situate within the limits of the United Kingdon, and ^^li-^g United services are rendered by any person — Engdom. (1) In assisting such ship or boat ; (2) In saving the lives of the persons (g) belonging to such ship or boat ; (A) (3) In saving the cargo or apparel of such ship or boat, or any por- tion thereof ; And whenever any wreck {i) is saved by any person, other than a receiver, within the United Kingdom ; there shall be payable by the owners of such ship or boat, cargo, (A) apparel, or wreck, to the person (1) by whom such services or any of them are rendered, or by whom such wreck is saved, a reasonable amount of salvage, together with all expenses properly incurred .by him in the performance of such services or the saving of such wreck, the amount of such salvage and expenses (which expenses are hereinafter included under the term salvage) to be determined in case of dispute in manner hereinafter mentioned. Life Salvage. § 690. The statutory provisions with respect to life salvage are as follows : 459. Salvage in respect of the preservation of the life or lives of Life salvage any person or persons belonging to any such ship or boat as aforesaid has pnonty shall be payable by the owners of the ship or boat in priority to aU g^®.^°'g*and other claims for salvage ; (-m) and in cases where such ship or boat is ^^^ te'paid destroyed, or where the value thereof is insufficient, after payment of by Board of the actual expenses incurred, to pay the amount of salvage due in Trade in cer- respect of any life 6r lives, the Board of Trade may in its discretion t'^™ '=='^^^- award to the salvors of such life or lives out of the Mercantile Marine Fund such sum or sums as it deems fit, in whole or part satisfaction of any amount of salvage so left unpaid in respect of such life or lives. And by the Merchant Shipping Eepeal Act, 1854 :(«) (d) 17 & 18 Vict. c. 104. eludes jetsam, flotsam, lagan and derelict (c) Includes a hopper barge ; The Mac, found in or on the shores of the sea or any 7 V. D. 126. tidal water. ( f) This means within three miles of (k) The Fusilier, 34 L. J. Ad. 25 ; The the 'shore. The Leda, Sw. 40; The Mac, Cargo ex Schiller, 1 P. D. 473 ; 2 P. D. 7 P. D. 126. 146. ((j) This includes passengers_ as well as (I) Though he render the services he- seamen ; The Fusilier, 34 L. J. Ad. 25. cause he believes himself to be the owner (li) The ship will not be liable for of the salved ship. Tlie Liffey, 58 L. T. salvage where the lives saved are those of 351. some of the crew who had deserted her (m) The Ooromandel, Sw. 205. Cargo without reason and against orders. 27*6 ex &chiller, 1 P. D. 473, 2 P. D. at 155. Cairo, L. K. 4 Ad. 184. («) 17 & 18 Vict. 0. 120. (?) By s. 2 of the Act, " wreck " in- 568 Power to Board of Trade to direct pay- ment of ! in certain cases. Extension of jurisdiction in cases of life salvage. Application to foreign countries. Snmniary of effect of statutes on life salvage. CHAP, v.— SALVAGE. 7. The Board of Trade may, out of the Mercantile Marine Fund, direct payment to be made .... for aflEbrding assistance towards the preservation of life and property in cases of shipwreck and distress at sea, and for the granting rewards for the preservation of Hfe, in such cases as it thinks fit. The jurisdiction of the Court is extended by the Admiralty Court Act, 1861,(o) as follows ; 9. All the provisions of the Merchant Shipping Act, 1854, in regard to salvage of life from any ship or boat within the limits of the United Kingdom, shall be extended to the salvage of life from any British ship or boat, wheresoever the services may have been rendered, and from any foreign ship or boat, where the services have been rendered either wholly or in part in British waters.(p) And by the Merchant Shipping Act Amendment Act, 1862 :(g') 59. Whenever it is made to appear to her Majesty, that the govern- ment of any foreign country is willing that salvage shall be awarded by British Courts for services rendered in saving life from any ship belonging to such country, when such ship is beyond the limits of British jurisdiction, her Majesty may, by order in Council, direct that the provisions of the Principal Act(r) and of this Act, with respect to salvage for services rendered in saving life from British ships, shall ia all British Courts be held to apply to services rendered in ,'saving life from the ships of such foreign country, whether such services are rendered within British jurisdiction or not.(s) § 691. The effect of these sections on the jurisdiction of the Court to award life salvage may be summed up as follows : The Ootirt has no power to decree a salvage reward for the preservation of life alone, in cases where no property has been saved.(^) In other words, there is no general personal liability to pay salvage, but a liability limited to the value of the property saved, (w) In the event of the total loss of ship, freight, and cargo, there is nothing to arrest, and therefore there can be no proceeding in rem, the ancient foundation of a salvage suit. But since 1846 the Board of Trade may, at its discretion, award remuneration in the nature of salvage in cases where the res saved is insuflScient to discharge the just claims of the life salvors.(a;) Previous to that date, where life and property had been saved by one set of salvors, it was the practice of the Court to give a larger amount of salvage than if the property only had been saved,(y) though where one set of persons exclusively saved life, and Willem III., L. E. 3 Ad. at p. 494 ; Cargo ex SarpRdon, 3 P. D. 28 ; The Senpm-, 8 P. D. 115 ; The Annie, 12 P. D.50. (m) Cargo ex Schiller, 2 P. D. at p. 157 ; The Annie, 12 P. D. 50. (x) The Fusilier, 34 L. J. Ad. 25 ; The Senpor, 8 P. D. 115. (y) The Aid, 1 Hag. 83 ; The FmUUr, 34 L. J. Ad. 25. (o) 24 Vict. c. 10, s. 9. (■p) TheWiUem III., L. E. 3 Ad. 487. [q] 25 & 26 Vict. c. 63. (r-) The Merchant Shipping Act, 1854, 17 & 18 Vict. c. 104. (s) By Order in Council of 7th April, 1864, these provisions have heen extended to Prussian ships. (t) Tlie Aid, 1 Hag. 83 ; The Zephyrua, 1 W. Eoh. 329 ; The Johannes, Lush. 182 ; Tlie Fusilier, 34 L. J. Ad. 25; The §§ 692-699.— ESSENTIAL INGEEDIENTS OF SALVAGE SERVICE. 559 another wholly distinct set saved ship and cargo, the life salvors could not enforce their claim.(s) But now the Court will award life salvage — in priority to any other salvage claim — not only where the life and property salvors are distinct sets of persons,(a) but also in cases where the preservation of the property is in no way due to any salvage service at all.(&) In the case, however, of foreign vessels outside the limits of British jurisdiction, the powers of the Court do not arise till called into existence by an Order in Council under section 5 9 of the Merchant Shipping Act Amendment Act, 1862. Where the ship is lost and the cargo saved, the latter alone will be liable to contribute, (c) The Essential Ingredients of a Salvage Service. § 692. The essential elements of a salvage service are three : Basential (1) Danger to the life or property salved. ^ ^"*° ^ ^ (2) Voluntariness on the part of the salvors. (3) Actual assistance rendered by the salvors, contributing in some degi'ee to the ultimate safety of the property in danger. (1) Danger to the property salved. § 693. Unless the subject, of the, service be in some actual. Danger to probable,((^) or imminent danger or distress, no claim for salvage gervfoe.** service can be maintained.(e) " But it is not necessary that the distress should be actual or immediate, or that the danger should be imminent and absolute. It will be sufficient if, at the time the assistance is rendered, the ship has encountered any damage or misfortune, which might possibly expose her to destruction, if the services were not rendered."(/) And even although a ship has sustained no real damage, and is not in actual danger at the time when the services were rendered to her, still, assistance given to her when in a position of reasonable apprehension of real danger will be of the nature of a salvage service. (^) (z) The Zephyrus, 1 W. Eob. 329 ; The 21 L. T. N. S. 797 ; The WUlielmine, 1 saver Bullion, 2 Sp. at p. 74 ; The N. of 0. 376 ; The Princess Alice, 3 "W. Fusilier, 34 L. J. Ad. 25. But see The Bob. 138 ; The Bomarsund, Lush. 77 ; Queen Mob, 3 Hag. 242. The Strathnaver, 1 Ap. Ga. 58 ; The (a) The Caromandel, Sw. 205; TJie Carqo ex Woomng, 1 P. D. 260 ; The Eintracht, 29 L. T. 851. Jubilee, ii L. T. 594. (5) Cargo ex Schiller, 1 P. D. 473 ; 2 P. D. 145. 3 (c) Cargo ex Schiller, 1 P. D. 473 ; in which a ship near a dangerous coast in 2 P. D. 145 ; Cargo ex Sarpedon, 3 P. D. unsettled weather, with her ground tackle 28. disabled, was held to be in a position of (d) The ignorance of the master as to danger. The Ella Constance, 33 L. J. the perils which surround him, may be an Ad. at p. 192. important element in determining the {g) The Bosehaugh, 1 Sp. 267 ; The question of probable or imminent danger. Aztecs, 21 L. T. 797 ; The Bailees, 1 Hag. The Eugenie, 3 N. of C. at p. '432. 246 ; The Phantom, L. E. 1 Adm. 58 ; The (e) TM Giacomo, 3 Hag. 344 ; The Aglaia, 13 P. D. 160. Charlotte, 8 W. Kob. at 71 ; The Aztecs, (/) Per Dr. Lushington, The Charlotte, W. Eob. at 71 ; The Albion, Lush. 282, 570 CHAP. XV.— SALVAGE. Risk to the salvors themselves is not a necessary element of salvage, although it enhances the merit of their services and entitles them to a higher reward.(A) (2) Voluntariness on the part of the salvors. Voluntary ' § 694. In order to constitute the services rendered an act of nature of the g^iyage, they must be of a voluntary nature. A salvor is "a person who, without any particular relation to a ship in distress, proffers useful service, and gives it as a volunteer adventurer, without any pre-existing covenant that connected him with the duty of employing himself for the preservation of that ship."(i) As a general rule, therefore, neither the pilot, the crew, nor the passengers of the salved ship can claim salvage reward for services rendered in the preservation of the ship, or of life or property on board. In all these cases, however, there may be exceptional circumstances which will impress the services with the character of salvage, and entitle those rendering them to salvage reward. (A;) (3) Actual assistance, rendered hy the salvors, contributing in some degree to the ultimate safety of the property in danger. Actual assist- § 695. "Salvage reward is for benefit actually conferred in ancecontnbut- ^^ preservation of property, not for meritorious exertions alone." (Z) " The foundation of the jurisdiction and authority of the Court is a service actually rendered."(m) Or in the words of Sir James Hannen, " There can be no doubt that services, however meritorious, which do not in any way contribute to the ultimate safety of the ship, are not entitled to salvage reward."(w) Accordingly, however great the peril to the salvors, however benevolent their intentions or heroic their conduct, they can claim no salvage unless actual assistance be conferred. In other words, salvors who labour unsuccessfully are not entitled to salvage reward. (o) The Banger. In The Banger, (^p) a lugger went out at considerable risk, and in severe weather, for the purpose of assisting a ship, which was at the moment in a dangerous situation. The ship had actually touched the sand, but had got free from it, and was out of danger before the lugger approached her. It was held, that the iji) See per Dr. Lushington, Tlie (n) The Camellia, 9 P. D. at p. 29. Ferides, B. & L. 80 ; The Nm-den, 1 See also The Zephyrns, 1 W. Rob. at p. Spinks, 185 ; The Menezer, 8 Jnr. 386. 330 ; The LockwoocU, 9 Jur. 1017 ; The (i) Per Lord Stowell, in The Neptune, Chetah, L. E. 2 P. C. 205 ; TJie Edward 1 Hag. at 286. jHow/ares, Lush. 515. {k) Seepost§§'706, 707, 713. (o) The Undaunted, Lush. 90; The (I) Per Dr. Lushington, in The India, E. U. 1 Sp. 63 ; The Cheerful, 11 P. D. 1 W. Rob. at 408. 3 ; The Benlaric/, 14 P. D. 3. [m] Per Dr. Lushington, in Tlie Banker, {p) The Banger, 3 N. of C. 589. 3K ofC. 589. §§ 692-699. -ESSENTIAL INGREDIENTS OF SALVAGE SERVICE. 57 1 lugger, having rendered no actual assistance, was entitled to no salvage remuneration, notwithstanding the risk she had en- countered. § 696. Where a salvage service is finally effected, all those All oontribu- who meritoriously contribute to that result are entitled to share ^ate safety in the reward, although the part each took, standing by itself, eutitled to would not in fact have produced it.(g') ^^ ^*^*' Thus, where a ship in a situation of great peril was assisted with great skiU and intrepidity by smacks, but the essential service of bringing her away from the place she was in to a place of safety was performed by a steamer, it was nevertheless The Oenessee. held that the smacks, notwithstanding their services were of no ^fiect in the end, were entitled to a large reward, (r) The Santipore (s) got on rocks and received assistance from The Santi- boats, which were unable to get her off. A tug steamer also ^'"^*' tried to tow her off, but in vain. A large passenger steamer afterwards towed her off for a few minutes, when the hawser broke and she went ashore and became a wreck. Part of her cargo, to the value of £9,657, was saved. Salvage was decreed to all. In the case of the E. U.,(f) the crews of a life-boat and lugger The E. U. made great and meritorious efforts to save the E. U., and did what possibly contributed to her ultimate preservation. Part were sent ashore in the life-boat to bring off an anchor and chain. Those who were left on board were compelled to abandon her. She was afterwards found and saved by a steamer, before the life- boat could get back. It was held, that the crews of the life-boat and lugger were entitled to salvage. The Melpomenc,(u) a,iter being in collision in the Mersey with a The Melpo- steamer, was drifting up the river, and exhibiting signals for assistance. The JResolute, a steam-tug, followed, and managed, after considerable difficulty, to get a hawser on board. The tug then steamed ahead, but the hawser came away, not having been made fast on board The Melpomene. Other tugs then came up and conveyed the ship into safety. A small amount of salvage reward was decreed to The Besolute. But if salvors, whose efforts are unsuccessful, abandon the Abandonment enterprise without any intention of resuming it, they cannot - afterwards claim salvage, if the property be ultimately saved.(a;) § 697. No salvage is due where no benefit has been conferred NosalTage on the property which is the subject of the service.(3/) Where, benefit. (2) TheJmigeBastiaan,bC.^h.Z22; (s) 1 Spinks, 231. The Atbion, 3 Hag. 254 ; The Magdalen, (t) 1 Spinks, 63. 31 L. J. Adm. 22 ; The Samuel, 15 Jur. [u) L. R. 4 Ad. 129. at 409; The Atlas,'Lash. blS ; The Aztecs, (x) See post S 719; The India, 1 W. 21 L. T. 797 ; 21 The Camellia, 9 P.D. 27. Eob. 406 ; The KiUeenu, 6 P. D. 193. (?•) Tlie Oenessee, 12 Jur. 401. (y) The India, 1 AV. Eob. 40G. 572 CHAP. XV.— SALVAGE. therefore, the exertions, however meritorious, of those claiming to be salvors, have resulted in leaving the distressed ship in no better position than at the commencement of the service, no salvage will be payable, though she be subsequently saved, (s) The Cheerful. The Cheerful,{a) having lost her propeller, was taken in tow by The City of HawMrg, while in a position of risk, but not of imminent danger. After four hours' towing the hawsers passed and Th& Cheerful let go her anchor. At this time she was in a position of considerably greater danger than when the Giiy of Hamburg took her in tow. The latter was unable to make fast a hawser again, and being herself in danger shortly afterwards steamed away. The Cheerful was afterwards towed into Portland Harbour by two tugs. Notwithstanding that the City of Samburg left The Cheerful near Portland Harbour, where tugs can be obtained. Butt, J., held that no salvage was due, on the ground that no benefit had been conferred. This rule was subsequently followed in The Benlarig,(l)) and Tlie Zepanto,(c) in both of which cases, however, remuneration was awarded by way of a quantum, meruit under an agreement to tow. § 698. Where, however, assistance is engaged by a ship in distress, whether generally or particularly, it will be entitled to remuneration in the nature of salvage, even though the labour and service may not prove beneficial to the vessel. "The engagement to render assistance to a vessel in distress, and the performance of that engagement, so far as necessary, or so far as possible, establish a title to salvage reward."(cf) But the remuneration awarded in these cases is not strictly speaking " salvage reward," but rather a quantum meruit under the agreement between the salvors and the vessel in distress, (e) § 699. A ship, which renders assistance to another, which she has injured in collision, cannot claim salvage reward as against either ship or cargo, if the collision is caused by her own default, nor even if both vessels are found to blame.(/) But the mere fact of a ship belonging to the owners of the vessel which caused the collision, will not deprive her of the right to salvage reward, if she render salvage assistance.(g') The Benlarig. The Lepanto. Where assist- ance engaged. Salvage after collision. (z) The Edward Hawkins, Lush. 515. (o) 11 P. D. 3. (5) 14 P. D. 3. (c) (1892)P. 122. \d) The LTndaunted, Lush. 90 ; The Mel/pmnene, L. E. 4 Ad. 129 ; The Aztecs, 21 L. T. 797 ; The Maude, 36 L. T. 26. And see 86 & 37 Vict. c. 85, s. 18, post § 700. (c) The Benlarig, 14 P. D. 3; TU Lepanto, (1892) P. 122. And see The Alfred, 50 L. T. 511. (/) The Glengaber, L. R. 3 Ad. 534 ; The Cargo ex Capella, L. E. 1 Ad. 356. {g) The Glengaber, L. E. 3 Ad. 534. § 700.— SIGNALS OF DISTEESS. ^^^3 What Signals a Ship in Distress must use ivhen Signalling for Assistance. § 700, Formerly, when salvors were induced, by ambiguous signals, to go out to a ship which was signalling for assistance, disputes often arose as to whether the ship was signalling for assistance or for a pilot, and as to whether the salvors were en- titled to salvage or not. The Court determined the question by the condition of the vessel signalling. (A) In order to avoid such disputes, to prevent salvors incurring danger and labour for nothing, and to enable persons at a distance to determine whether a ship is in distress or in want of a pilot, the following provisions have been enacted by the Merchant Shipping Act, 1873 :(i) 18. The signals specified in the first schedule to this Act shall be Signals of deemed to be signals of distress.(yfc) distress. Any master of a vessel who uses or displays, or causes or permits any person under his authority to use or display, any of the said signals, except in the case of a vessel being in distress, shall be liable to pay compensation for any labour undertaken, risk incurred, or loss sustained in consequence of such signal having been supposed to be a signal of distress, and such compensation may, without prejudice to any other remedy, be recovered in the same manner in which salvage is recover- able. (Z) SCHEDULE I. Signals op Distress. In the day time. — The following signals, numbered 1,2, and 3, when used or displayed together or separately, shall be deemed to be signals of distress in the day time : — 1. A gun fired at intervals of about a minute ; 2. The International Code signal of distress indicated by N C ; 3. The distant signal, consisting of a square flag having either above or below it a ball, or anything resembling a ball. At night. — The following signals, numbered 1, 2, and 3, when used or displayed together or separately, shall be deemed to be signals of dis- tress at night : — 1. A gun fired at intervals of about a minute ; 2. Flames on the ship (as from a burning tar barrel, oil barrel, kc); 3. Rockets or shells, of any colour or description, fired one at a tune, at short intervals. Qi) Tlie Bomarsund, Lush. 77 ; The § 594. For the signals to be used when a Little Joe, Lush. 88 ; The Eedwig, 1 Sp. pilot is wanted, see ante § 5o9. at p 23 : The Bacer, 30 L. T. 904. And (I) S. 21 enables a shipowner to register see 2%e Aqlaia, 13 P. D. 160. a private code of signals with the Board of ii) 36 & 37 Vict. c. 85. Trade, and exempts from penalties the use d') See 39 & 40 Vict. 0. 80, s. 21, ante thereof by any one acting under the ^ ' authority of the shipowner. 674 CHAP. XV.— SALVAGE. What land of Services are treated as Salvage Services. Examples of § 701. The following have been held to be salvage services sel^flel entitling to salvage reward : — Supplying seamen to a vessel on the high seas, which is short- handed and in distress, or a master to a vessel on the high seas, whose master is sick or dead ;(m) Going on board an infected vessel, and navigating her home when shorthanded ;(w) Saving lives and property on board a burning ship ;(o) Assisting to extinguish the flames in a ship which has taken fire by spontaneous combustion, and towing her into port j^^) Towing a disabled ship into safety ;(g') Towing a ship in distress towards her port of destination for several hours, although parted afterwards by no fault of the salving ship, and although the salving ship did not rejoin the ship in distress, from the honest belief that further assistance was not needed ;(r) Towing into safety a ship lying in dock and in danger of catching fire from surrounding warehouses which were in flames ;(s) Going on board a vessel in distress, and piloting her into harbour ;(i) Securing wreck, or protecting the cargo of a stranded ship by removing it to a place of safety ;(w) Saving by transhipment the cargo of a vessel in distress ;(a!) Bringing into port a derelict, or part of her cargo -fy) Furnishing a cable or an anchor and chain in boisterous weather to a ship at sea which had slipped her cable ;(») Getting afloat a ship which had driven ashore ;(a) Raising a sunken ship by means of apparatus ;(&) or cargo by means of divers ;{c) (m) The Boe, Swab. 84 ; The Janet Purissima Concevcion, 3 W. Eob. 181 ; MitcheU, Swab. Ill : The Gohndrina, The Cargo ex Honor, L. E. 1 Adm. 87 ; L. E. 1 Ad. 334 ; The Charlotte Wylie, The Cargo ex Ulysses, 13 P. D. 205; The 2 W. Eob. 495 ; Tlie Charles, L. E. 3 Liffey, 58 L. T. 351. Ad. 536 ; The See Nymphe, 3 Asp. 557 {x) The Hope, 3 Hagg. 423 ; Tlie (n). . Colwmbia,i'Ka^g.4:'i&; The Westminster, (re) The Active, 14 Jur. 606 ; The Sleib- 1 W. Eob. 229. ladner, 3 P. D. 24. {y) The King v. Property Derelict, 1 (o) The Eastern Monarch, Lusb. 81. Hagg. 383 ; The Atlas, Lusb. 518 ; Tlie (p) The Bosalie, 1 Spinks, 188. Magdalen, 31 L. J. Adm. 22 ; TAe Hele, (q) The Mllora, Lush. 550; The Ken- 4 P. D. 217. TOiwe Castle, 7 P. D. 47. («) The Prime of Wales, 6 Notes of (r) The Nellie, 29 L. T. 516. Cas. 39. (s) The Tees, Lush. 505 ; The Meo- (a) The Bmasthan, Swab, 171 ; The nore, B. & L. 185. Uratd, 13 P. D. 163. (*) The Anders Knape, 4 P. D. 213. (6) The Catherine, 12 Jur. 682. (u) The Happy Betwrn, 2 Hagg. 198 ; (c) The Cadiz and The Boyne, 35 The Favourite, 2 W. Bob. 255 ; The L. T. 602. §§ 702-716.— WHO MAY CLAIM AS SALVOES. 575 Eeoapturing a ship from pirates •,(d) from mutineers ;(6) from Examples of insurgent slaves ;(/) from an enemy •,(g) salvage Eescuing and removing into deep water a ship which was ashore and in danger of being plundered by savages ;(A) Going near a ship in danger, and on a bank, when it was un- safe to attempt to get alongside, and hailing her to adopt certain measures for her safety, which were adopted by her and which contributed to save her; (t) Lying by a ship at anchor in a gale, at her request, and being ready to take her in tow, or to render assistance, if required ;(^) Proceeding at the request of a ship, which had parted with both her anchors and cables, to the nearest port, and bringing off an anchor and cable ;(0 Eescuing a fishing vessel, frozen up in Davis's Straits j(m) Carrying an order for a steamer to go out of harbour to a vessel in danger and distress ;(m) Saving a ship from an impending peril, — e.g., a collision ; (0) Separating two ships in collision.(^) Services rendered by vessels necessarily and properly employed by the salving ship, will be entitled to salvage reward. (§') Express demand or express acceptance of salvage services Not necessary actually performed is not necessary to entitle to salvage reward ; questfm- '^or it is sufficient, if the circumstances were such, that if an offer of acceptance of, service had been made, any prudent man would have accepted it.(r) • Who may Claiin as Salvors. § 702. The right to salvage is a right very much favoured by Greneral rule. the law, (s) and, as we have already seen, (f) where a salvage ser- vice is finally effected, all who meritoriously contribute to that result are entitled to share in the reward, although the part each took, standing by itself, would not in fact have produced it.(%C) (d) The Marianna, 3 Hagg. 206 ; The (n) The Ocean, 2 W. Eob. 91 ; Th- Calypso, 2 Hagg. 209. Sarah, 3 P. D. 39. (e) The Francis and Mliza, 2 Dods. (0) Even during the performance of a 115; The Trelawney, 4 C. Eob. 223; contract of towage; The SaratogajJjash, and see The Oovernor Baffles, 2 Dods. 318. 14. (p) The Wohurn Abbey, 21 L. J. 707 ; (/) The Trelawney, 4 C. Eob. 223; The The Vandyclc, 7 P. D. 42. Anne, 5 C. Eob. at p. 101. {q) The Undaunted, Lush. 90. And {g) The Louisa, 1 Dods. 317 ; The see Tlie True Blue, 2 W. Rob. 176. Beaver, 3 C. Eob. 292. [r) The Annapolis, Lush. 355 ; Th- (h) The Lady Worsley, 2 Spinks, 253. Vandyck, 7 P. D. 42 ; The Liffey, 5S (i) The Eliza, Lush. 536. L. T. 351. (&) The Undaunted, Lush, at p. 92 ; (3) The Waterloo, 2 Dods. at p. 435 : The Philotaxe, 29 L. T. 515 ; The Maude, The Sappho, L. E. 3 P. C. at 695. 36 L. T. 26. (t) Ante § 696. (1) The Undaunted, Lush. 90. (u) The Atlas, Lvsh . 518; The Bosa- (m) The Swan, 1 W. Eob. 68. lind, 12 L. T. 553. Bat a person merely hiring labourers to assist in the unloading 576 Master and crew of salving ship. Owners of salving ship. CHAP. Xy.— SALVAGE § 703. The master and crew of the salving ship are entitled to salvage remuneration in all cases, and even in those where the salving ship and the ship salved belong to the same owners, if, in the latter case, the services performed are not within the contract into which they origiaally entered with the owners, and for which they would be paid by their wages.(a;) Those of the crew who remain on board the salving ship are entitled to be considered as co-salvors with those of the crew who actually effected the salvage ; although the Court has repeatedly made a distinction in favour of those who actually incurred the difficulty and peril of the salvage enterprise.(y) Thus, in The Janet Mitchell, {£) salvage was awarded to the owners, master, and crew of a vessel whose mate had gone on board a ship in distress on the high seas to supply the place of her master, who had been drowned. If, however, any of the crew refuse to concur with the rest in undertaking a salvage service, they are not entitled to any share in the reward, (a) In the case of ships employed in the public service, eg., Queen's ships, (6) and lightships, (c) the general rule is different, and salvage remuneration is confined to the persons actually engaged in the salvage service. Passengers ((^) on board the salving ship, and those who are merely nominally on the ship's books, (e) if they join or assist in the salvage enterprise, are entitled to a share of the reward. § 704. The principle that formerly guided the Court in de- creeing salvage, was that salvage reward was given for peisonal services. Consequently, for a long time, the claims of the owners of the salving ship were not much regarded, unless their property was exposed to danger, or unless they incurred some real loss or inconvenience. (/) But the introduction of steam has effected a considerable change in the practice of the Court. In cases of salvage by steamers, the ship herself is often the chief agent, and the risk and expense to the owners are much greater thaii formerly. It is, therefore, only equitable that they should be rewarded in a much higher proportion than formerly.(5') (s) Swab. 111. (a) The Baltimore, 2 Dods. 132. (6) M.M.S. Thetis, 3 Has. at p. T/ie Nik, L. E. 4 Ad. 449. (c) The Emma, 3 W. Rob. 151. id) The Hope, 3 Hag. 423; Seuacia, 2 Hag. at p. 269. M The Ooriolanus, 15 P. D. 103. (/) TJie Vine, 2 Hag. 1 ; The Jane, 2 Hag. at p. 343 ; The Enchantress, Lush. 93. ((/) The Spirit of tlie Age, Swab. 286 ; The Enchantress, Lush. 93; The Ken- mure Castle, 7 P. D. 47. of a stranded vessel, although entitled to some remuneration for his superintendence, will not be entitled to claim as a salvor ; The Watt, 2 W. Bob. 70. (x) The Caroline, Lush. 334; The Sappho, L. R. 3 Ad. 142 ; affirmed on appeal, L. E. 3 P. C. 690 ; The Miranda, L. R. 3 Adm. 561 ; The Agamemnon, 48 L. T. 880 ; The Glmfruin, 10 P. D. 103. (.V) The Sarah Jane, 2 W. Rob. at p. 115 ; The Mountaineer, 2 W. Rob. 7 ; The BaUimore, 2 Dods. 132 ; 27je Charles, L. R. 3 Ad. 536 ; The Roe, Swab. 84 ; and see The Spree, (1893) P. 147. 61; The §§ 702-716.— WHO MAY CLAIM AS SALVORS. 57^ The case of the owner is the chief exception to the general rule that a party not actually occupied in effecting a salvage service, is not entitled to share in a salvage remuneration. (A) Though not personally engaged in the undertaking, and though he has in- curred no personal risk, yet he is almost invariably adjudged to be entitled to participate largely in any salvage that may be awarded, (i) Where some of the owners of the salving vessel have an in- terest in the vessel salved, their co-owners, not so interested, may sue for salvage.(i-) And where the two ships belong wholly to the same parties, the owners of the salving ship are entitled to recover against the cargo in the salved ship, unless the danger which gave rise to the salvage service was due to the default of the plaintiffs as carriers of the cargo. (^) In this case the cargo owners will be entitled on counterclaim to recover as damages the whole amount of the salvage awarded, as against them, to the owners, master, and crew of the salving ship.(m) § 705. The charterer of a ship has no claim to reward for Charterers. salvage services rendered by the ship unless the charter amounts to a demise of the vessel,(M) or unless there are express terms in the charter-party giving the charterer the right to control salvage, and the benefit of the salvage, if performed. (0) In these cases the charterer, and not the owner, will be entitled to salvage. The fact of the salving vessel being under charter to the owner of the salved, does not debar the owner of the vessel rendering the services from claiming as salvor, (2?) unless the charter-party amounts to a demise of the ship, in which case neither owner nor charterer — being owner pro hdc vice — can claim. Nor, conversely, does the fact of the salved vessel being under charter to the owner of the vessel rendering the services, prevent the owner of the latter from claiming salvage reward, (§') unless the effect of the charter-party is to divest the owner of the possession and control of the vessel, and to transfer the same for the time to the char- terer, (r) In this case, as before, neither owner nor charterer can claim. § 706. The officers and crew of a ship are bound by their con- Officers and tract to do their utmost to save the ship and cargo in case of I27ed. ^ '^ (/() Tlio Vnie, 2 Hag. 1 ; The Two The Qlenfniii,, 10 P. D. 103 ; The Cargo FriAtwh, 2 W. Kob. 349. «a- Laertes, 12 P. D. 187. (i) But the owner of boats rendering a (m) The Gleiifniin, 10 P. D. 103. salvage service, not having been personally (m) As to what is a demise of the vessel, present at the time, is not entitled to sue see ante § 301- as a salvor, thougli some remuneration (0) The Alfen, Swab. 189 ; 2'he 8eoid, may be due to him for the use of his boats, L. R. 3 Ad. 512. by way of equitable compensation. The . {p) The Waterloo, 2 Dods. 433. Charlotte, 3 W. Eob. 68. (?) The Collier, L. E. 1 Ail. S3. , {k) The Caroline, Lush. 334. (»■) The Maria Jane, 14 Jur. 857,' (J) The Miranda, L. E. 3 Ad. 561; 2o 578 CHAP. XV.— SALVAGE. Officers and danger, or mutiny, or wreck, (s) Since, as a general rule, seamen I2vei ^^'^ cannot recover salvage remuneration for services which by their contract they are bound to perform, it follows that they cannot recover for services connected with the saving of their own ship, as long as the relation of master and servant exists between them and their owner with reference to that ship. But, if a seaman perform services for the benefit of the owner, which are not within his contract, he may become entitled to salvage remuneration. And if, in obedience to the orders of the master, he perform . salvage services, which it may be his duty on account of those orders to perform, he will nevertheless be entitled to salvage remuneration if the services are not within his contract. (#) The crew of a ship are not entitled to salvage for rescuing her from mutineers, because it is part of their duty to give every assistance in their power to prevent or quell a mutiny, and to use their utmost exertion to preserve or recover the possession of the vessel and goods of their employers.(t6) Abandonment, On the other hand, if the contract between the owners and the crew is dissolved by the final abandonment of the ship, or by the act of the master giving the seamen a discharge, they may sub- sequently render services towards the preservation of the ship or cargo, which will entitle them to salvage reward.(a;) In order when it puts that an abandonment should operate so as to put an end to the an end to contract of the mariuers, the following circumstances must concur : manner's tit i contract. " Mrst, the abandonment must take place at sea, and not upon a coast ; for if a ship be driven upon a coast and become a wreck and the mariners escape to the shore, the contract enures to this extent at least, that if they act as salvors, and successfully, so as to save enough to pay their wages, they will be entitled to them, though not to salvage, and if they do not so exert themselves their wages are lost ; — secoTidly, the abandonment must be sine spe revertendi, for no one would contend that a temporary abandon- ment, such as frequently occurs in collisions, from immediate fear, before the state of the ship is known, would vacate the con- tract; — thirdly, the abandonment must be bond fide for the purpose of saving life; — fourthly, it must be by order of the master, in consequence of danger by reason of damage to the ship and the state of the elements. "(2/) The master is the proper person to form a judgment whether abandonment be absolutely necessary or not. Accordingly, in all cases of hondjide abandon- ment the crew are justified in obeying the orders of the master to («) TU Neptune, 1 Hag. at p. 236 ; The (u) The Gmernor BaMes, 2 Dods. 14. Florence, 16 Jur. 572 ; The Governor (x) The Warrior, Lush. 476 ; The Jles, 2 Dods. 14 ; The Warrior, Lush. Florence, 16 Jur. 572 ; Le Jonet L E. 476 ; '.The Sappho, L. K. 3 P. C. at p. 3 Adm. 556. 694. ^ „ , ^ ^ ^„ (1/) ^erXlT. LvBhiagtoD, The Florence, (t) The Sappho, L. B. 3 P. G. 690. 16 Jur. 572. §§ 702-716.— "WHO MAY CLAIM AS SALVOES. 579 quit the sliip.(s) The abandonment must be clearly proved, for where the circumstances are doubtful, the Court will be re- luctant to infer that property of great value has been abandoned, unless it be shown that there was no reasonable hope of recovery, (a) The contract of the seamen is dissolved by the capture of the Capture ami ship by an enemy. And if, after such capture, the crew rescue '■®<='^P'™e- her, they are entitled to salvage, for they are not bound by their general duty as mariners to attempt a rescue. (&) § 707. When there is a common danger, it is the duty of Tassengers on every one on board to give all the assistance he can. Accordingly, ^ "^ ^* ^® ' passengers on the ship salved cannot, as a general rule, claim salvage for services rendered in a time of common danger, and which, in fact, are primarily directed towards the preservation of their own lives and property.(c) But they are not bound, like the mariners, to remain on board. They may take the first oppor- tunity of escaping from the ship and saving their own lives, (rf) If, therefore, they elect to remain on board, in danger, for the purpose of assisting to save the vessel, or if they perform extra- ordinary services towards the preservation of ship or cargo, they will be entitled to share in any salvage that may be awarded. (t) Thus, in Newman v. Walters,{f) the master and part of the crew having abandoned the ship, the pilot being drunk, and the ship on the rocks, a passenger, who was a master mariner, took the command and brought the ship safely into harbour. He was held entitled to salvage reward. And in The Two Friencls,(g) a passenger on board a ship captured by the enemy, who assisted the crew in rescuing her, was allowed to rank as a salvor. § 708. Where ships sail together as consorts and under an agree- Associated ment to render each other mutual assistance, no salvage remunera- '^ Po- tion is payable for any services which one of them may render to the other.(A.) " But, the claim of being discharged from a liability to salvage is one which a court would not be justified in a admitting, unless the discharge appeared in express terms, and in contract, that, by the use of clear and explicit language, should remove all doubt respecting the common understanding of both parties."(i) Nor will salvage be due where there is a custom in any particular trade for vessels to assist each other in distress.(/.) (2) Per Dr. Lushington, The Florence, (/) 3 B. & P. 612. 16 Jur. 572. (iir Bajph A bercrombie, L. E. 1 P. C. 454 ; r/ie Edenmore, (1893) P. 79. In The Aletheia, 13 W. E. 279, the Court recognised the right of the master to an increased reward where he had assumed the responsibility of deviation ; The Farn- ley Hda, 46 L. T. 216. There is no risk incurred by a deviation for the purpose of saving life ; but where the deviation is to save property the policy will be avoided unless it contains a clause authorizing such a deviation. See ardramanga v. iitamp, 5C.P.D. 295; anie§ 214. (q) The ThomaiilSlyth,Lnish.\6. (h) The City of Chester, 9 P. I), at p. 203 ; The Werra',11 P. D. 52. ()■) The Spirit of the Age, Svah. 286 ; The Martin Luther, Swab. 287 ; The Alfin, Swab. 189 ; The Kiwgcdocl; 1 Spinks, at p. 267 ; The London Mercliant, 3 Hagg. at p. 401. {k) The Thomas Fielden, 32 L. J. Ad. 61 ; The Ardincaple, 3 Hagg. 151 ; The Glarisse, Sw. 129 ; The Bartley, Sw. 198 ; The Eastern Monarch, Lush. 81 ; The JPusilier, B. & L.341 ; The Anna Helena, 49 L. T. 204. {I) Ante § 690. (m) The Aquila, 1 C. Eob. 37; The Sarah Bell, 4 N. of C. at p. .147 ; The Florence, 16 Jur. at p. 578 ; The True Blue, L. E. 1 P. C. 250. (n) The Salacia, 2 Hagg. 262; The Aquila, 1 C. Eob. 37 ; The Florence, 16 .Tur. 578 ; The Effort, 3 Hagg. 165 ; The Minerva, 1 Spinks, 271; The True Blue, L. E. 1 P. C. 250 ; The Anna Helena, 49 L.T. 204. §§ 732-734.— SALVAGE AGREEMENTS. 593 mucli as one-third or oae-half,(o) and in exceptional instances even niore,(^) have been awarded to salvors. And, in some cases, where the property was of small value and no owner appeared, the proceeds of the whole have been divided between them.(2') In non-derelict cases, a moiety of the property saved with costs Where there is the maximum remuneration that will be allowed to salvors,(r) ment^be^ween and even in derelict cases the Court will give more than half only the salvors and under circumstances of an extraordinary nature ;(s) such as where the ship salved is a Queen's ship ; or where the property salved is small; or where no private owner appears and sets up a claim, (i) Salvage Agreements. § 732. It is perfectly competent for salvors, instead of leaving Where agree- the amount of their remuneration to be determined by the Court, "it" between to agree with the master of the ship in distress to render the salvors and required assistance for a specified sum ; provided that there be a ''^ ^® • clear understanding of all material facts which affect the salvage service ; that the agreement be made with fairness and impartiality to all concerned ; and that the parties to it are competent to form a judgment as to the obligations to which they are binding them- selves, (m) If these conditions are fulfilled, the parties will be bound by their contract, and the Court will not allow such an agreement to be set aside, merely because the execution of it has turned out more difficult or more easy of performance than was anticipated at the time of making the contract, (cc) Where, however, the services rendered do not fall within the scope of the agreement, or are not such as could be reasonably supposed to have been contemplated by the parties at the time of making the contract, the Court will not hold the salvors limited to the agreed amount.(y) § 733. The masters of the salving ship and of the vessel in How far distress are competent to bind their respective owners by a sal- ™;^^*ol (o) The Britannia, 3 Hagg. 153 ; {t) The Britannia, 3 Hagg. 153 ; L'Esp^rance, 1 Dods. 46 ; Tlie Frances LEsp^rance, 1 Dods. at p. 49 ; The Cos- Mary, 2 Hagg. 89 ; The Bdiance, 2 mopdiian, 6 Notes of Gas. supp. at p. Hagg. 90 n. ; The Elliotta, 2 Dods. 75 ; xxxi. ; The Ewell drove, 3 Hagg. at p. The Watt, 2 W. Bob. 70 ; The Eebe, 221. 4 P. D. 217 ; The Craigs, 6 P. D. 186; (m) The True Blue, 2 W. Rob. at p. The lAvietta, 8 P. D. 24. 179 ; The Waverley, L. R. 3 Adm. 369 ; (p) The Jubilee, 3 Hagg. 43 n. ; The The Cargo ex Woosung, 1 P. D. 260 ; Jonge Bastiaan, 5 C. Rob. 322 ; The 2he Medina, 1 P. D. 272 ; 2 P. D. 5. Basche, L. R. 4 Adm. 127. {x) The Waverley, L. E. 3 Ad. 369 ; (q) The William Hamilton, 3 Hagg. The True Blue, 2 W. Rob. 176 ; The 168 ; The Boiler ex Elephant, 64 L. T. Jonge Andries, Sw. 226, 303 ; The Fire- 543. fly, Sw. 240; The Cato, 35 L. J. Ad. (r) The Inca, Swab. 370 ; 12 Moo. 116 ; The Helen and Oeorge, Sw. 368. P. C. 189 ; The City of Chester, 9 P. D. [y) The Westboume, 14 P. D. 132. at p. 186. See, however, The Erato, 13 As to when an agreement to tow becomes P. D. 163. superseded by a right to salvage, see ante (s) The Beliance, 2 Hagg. 90 n. § 714. 2 P masters can wners. 594 CHAP. XV.— SALVAGE. Where there was an agree- ment between the salvors and the salved. How far master or owner can bind crew. Burden of proof. When Court will not en- force agree- ment. vage agreement.(3) It has, however, been doubted by Dr. Lush- ington whether the master is an agent to bind the owner for such a purpose, when the owner is at hand and gives him no authority, (ffi) And the action of the master, in entering into a salvage agreement for a fixed sum, creates a personal liability on the part of the owner to pay the whole amount agreed upon, with- out any deduction in respect of the salvage of the cargo.(&) But this liability does not arise where the agreement is merely a general one to salve, without any stipulation as to the amount of the remuneration . (c) Neither shipowner nor master has authority to bind the cargo owners by any agreement. (<^) The master of the salving ship is an agent for the crew to bind them by an agreement made before the salvage services are rendered. (e) But after the performance of the services it would appear that he has no such authority.(/) And the position of the owner is the swiie.(g) An agreement with part of the crew of the salving ship, or with one of several sets of salvors, is not binding on the others who have neither concurred in it at the time nor ratified it sub- sequently. (^) § 734. The agreement need not be in writing,(*) but it must be strictly proved by those who seek to set it up.(A;) When once proved, it is primd facie binding, and the burden of proof is transferred to those who dispute the validity of the contract. The Court will not uphold the agreement if it has been obtained by fraud (m) or compulsion, («.) or if the master, however, unintentionally, has misrepresented or concealed any fact material for the consideration of the salvors in entering into the contract.(o) Nor will the agreement be enforced if it be clearly unjust or inequitable towards either party,(p) nor if the master have im- (s) The Africa, 1 Sp. 299 ; Tlie Waver- ley, L. K. 3 Ad. at p. 378. [a) The Elise, Sw. at p. 440. (6) The Cumbrian, 57 L. T. 205 ; Tlie PrinzHeiwrich, 13 P. D. 31. ' (c) The Baisby, 10 P. D. 114. (d) Anderson v. Ocean S.8. Go., 10 Ap. Ca. at p. 117. As to when the master becomes agent for the cargo owners, see §§ 238-242. !e) The Eliae, Sw. at p. 440 ; Tlie McGregor Laird. W. N., 1867, 308 ; The Nasmyth, 10 P. D. 41. (/■) Tlie Britain,! W. Eob. 40 ; The Sarah Jane, 2 W. Rob. 110. And see Kennedy on Salvage, pp. 222-224. {g) In The WiUiam Lushington, 7 N. of C. 361, it was held by Dr. Lushington that an agreement between the owners of the salving ship and the salved ship, did not bind the master and crew of the salving ship, who were not cognisant of the agreement. (A) The Charlotte, 3 W. Eob. at p. 74. • (i) The Firefly, Sw. 240. [k) The Graces, 2 W. Eob. at p. 297 ; The Besidtatet, 17 Jar. at p. 354. (Q I%e Helen and George, Sw. 368 ; The Betsey, 2 W. Eob. at pp. 170-172. (m) The Cms V., Lush. 583 ; Tlie Generous, L. E. 2 Ad. 57. (m) TAe Selen and George, Sw. 368 ; The Medina, 1 P. D. 272 ; 2 P. 1). 5 ; The Mark Lane, 15 P. D. 135. (o) The Jonge Andries, Sw. at p. 227 ; The JCingaloek, 1 Spinks, at p. 265 ; The Henry, 15 Jnr. 183 ; Tlie Canova, L. E. 1 Adm. at p. 56. ip) The Phantom, L. E. 1 Adm. 58 ; Tlie Enchantress, Lush. 93 ; The Silver Bullion, 2 Spinks, 70; The Helen and §§ 735-741.— APPORTIONMENT. gg.g properly or recklessly contracted to pay the salvors a grossly exorbitant demand,(2') nor if the agreement be for the salvage of the ship alone, irrespective of the cargo on board, (r) nor if it have been cancelled by the mutual consent of the parties.(s) The Apportionment of the Salvage. § 735. The Court of Admiralty has always possessed the power Apportion- to apportion salvage. And with respect to cases falling within the ™®°'" Merchant Shipping Act, 1854,((!) the following provisions apply : 498. "Whenever the aggregate amount of salvage payable in respect of Powers for salvage services rendered in the United Kingdom has been finally ascer- Courts having tained, and exceeds two hundred pounds, and whenever the aggregate f- . ^Jl'y amount of salvage payable in respect of salvage services rendered else- apportion" ° where has been finally ascertained, whatever such amount may be, then saWage. if any delay or dispute arises as to the apportionment thereof, any coiu't having Admiralty jm-isdiction may cause the same to be appor- tioned amongst the persons entitled thereto in such manner as it thinks just,(M) and may for that purpose, if it thinks fit, appoint any person to carry such apportionment into efiect, and may compel any person in whose hands or under whose control such amount may be to distribute the same, or to bring the same into court, to be there dealt with as the court may direct, and may for the purposes aforesaid issue such monitions or other processes as it thinks fit. This section imposes a duty upon the Admiralty Court, on application made to it, to decree an equitable apportionment of salvage, unless barred by either an equitable agreement between the parties, or an equitable tender, (a;) The application for apportionment of salvage should be made at the time of, or within a reasonable time after, the salvage has been decreed ; but where the applicant is a seaman, seeking apportion- ment as against the owner of his ship, the Court is less strict as to the time within which it will allow the application to be made.(2/) County courts, having Admiralty jurisdiction, may entertain suits for the distribution of salvage, where the value of the pro- perty salved does not exceed £1000, or where the amount claimed does not exceed £300, and in cases where the value or claim ex- ceeds these amounts, and the parties by memorandum agree that the Court shall have jurisdiction. (s) § 736. The proportions in which salvage is divided between Oem-ge, Sw. 368 ; AkerUom v. Price, 7 Eob. at p. 172 ; The Bepulse, 2 W. Rob. Q. B. D. at p. 132 ; The Cargo ex Woo- at p. 397. sung, 1 P. D. at pp. 265, 266; The («) 17 & 18 Vict. c. 104. " " 1 P. D. 272 ; 2 P. D. 5 ; The (u) No costs of apportionment will be Silesia, 5 P. D. 177 ; The Mark Lane, given after a tender by the salved ship 15 P. D. 135; The Biatto, (1891) P. which has been upheld by the Court ; TAe 175. Lee, 60 L. T. 989. (q) The Theodore, Sw. 351. (x) The Enchantress, Lush. 93. (r) The Westminster, 1 W. Eob. at p. {y) The Spirit of the -Age, Swab, at p. 235. . In such a case the Court will 287. refuse to award any salvage. Ihid. (z) 31 & 32 Vict. c. 71, s. 3 ; 25 & 26 (a) The Samuel, 16 Jur. 407 ; The Vict. o. 63, s. 49 ; Tlie Olannihanta, 2 Africa, 1 Spinks, 299 ; The Betsey, 2 W. P. D. 45. See § l-L^post. 596 CHAP. XV.— SALVAGE. What propor- tion awarded to owners of salving ships. Master's share. Officers and seamen. the owners and the crew of the salving vessel is a matter entirely for the discretion of the Court to which the application for apportionment is made, and must depend upon the peculiar cir- cumstances of each individual case, (a) As has been already seen,(6) the proportion of the reward usually awarded to the owners has greatly increased with the augmented power and cost of the steamers which are the most frequent agents of the salvage service. The Court is also in this respect guided by considerations of public policy, as owners of steamers might, if not lilierally rewarded, discourage the masters of their vessels from engaging in any salvage where human life was not in peril.(c) In such cases, where there is no extra- ordinary difficulty or risk to the actual salvors the usual practice now is to allot three-fourths of the reward to the owners.(<:?) And where the salving vessel has incurred special risks, or sus- tained actual damage, additional compensation to meet these claims will be awarded to the owners.(e) But where the salving ship herself is not the chief agent in performing the service, the amount allotted to the owners will be diminished proportionately to the circumstances of the case.(/) The owners of fishing vessels,(^) and of steamers specially built for and devoted to salvage services, (A) are entitled to liberal re- muneration. § 73 7. In ordinary circumstances the amount awarded to the master is proportioned to the responsibility he undertakes in sus- pending his voyage, and risking the property of his owner. As this responsibility rests on him alone, in addition to his share of the actual work, he generally receives a considerably larger pro- portion of the salvage than any of the crew.(i) And in special cases, such as that of a steamer carrying mails and passengers, where the responsibility incurred by the employment of his ship in rendering salvage services is peculiarly great, his reward will be proportionately higher.(y) As regards the officers and seamen, their share of the reward is usually apportioned according to their Ta,thig.(Jc) But cases of peculiar merit, involving special responsibility, (Z) greater risk,(m) (a) 2%e Nieolina, 2 W. Bob. 175. (6) Ante § 704. (c) The Martin Luther, Sw. at p. 290. (d) The Bialto, (1891) P. 175. (e) See ante § 728. (/) The Palmyra, 25 L. T. 884; The Skibladner, 3 P. D. 24. (g) The Louisa, 2 W. Eob. at p. 26 ; The Lcmisd, (No. 2) 3 W. Eob. at p. 100. Ih) The Mary Anne, 11 L. T. 85. (i) The Earl Grey, 3Hagg. 363; Tlte NicoUna, 2 W. Eob. 175; The Perla, Sw. 230 ; S.M-S. Himalaya, Sw. 515. (j) The Martin Lather, Sw. 287. ih) The Earl Orey, 3 Hagg. 363; The Columbia, ibid. 428; The Hope, ibid. 423 ; The Pride of Canada, Br. & L. 208; The Perla, Swab. 230. In The Spree, (1893) P. 147, the non-navigating members of the crew were held entitled only to a half share each. (t) The Nieolina, 2 W. Eob. 175 ; The Golondrina, L. R. 1 Ad. 334 ; The Skib- ladnev, 3 P. D. 24. (m) The St. Nicholas, Lush. 29 ; 2'Ae Basche, L. R. 4 Ad. 127 ; The Cleopatra, 3 P. D. 145 ; The Craigs, 5 P. D. 186 ; The Eilleena, 6 P. D. 193. §§ 735-741.— APPORTIONMENT. ^qij or more arduous services, (w) will always be recognised by Whatpro- the Court, and appropriately rewarded. A smaller share is poftio" 's generally allotted to apprentices than to able seamen.(o) master, sea- § 738. Persons assisting in the salvage work are rewarded ac- "^"gn^'^ cording to the assistance they render. Passengers, therefore, if entitled to salvage, will be rewarded according to the circum- I'^ssengers. stances of the case, and the value of their services, (j?) And Manager of where the manager of a steamship company superintended the ^^" ™™P*°y- rendering of salvage services by a steamer belonging to the com- pany, he was allotted a larger share of the salvage than any o£ the others engaged in the service.(g') § 739. Where more than one set of salvors is held entitled to Where more participate (r) in the salvage awarded, the Court will apportion of gajvors.'^ the reward among them according to their respective services. The larger share will be given to those who have rendered the most effectual help, or who have bestowed the greatest labour, or who have incurred the greatest risk.(s) If there are several sets of salvors, acting independently of each other, the misconduct of one set will not affect the claim of another to salvage, unless the latter are in some way privy to such misconduct.(^) § 740. Salvage payable to officers and seamen of the Eoyal Koyal Navy Navy or coastguard is generally apportioned by the authorities guard. according to rules laid down for distriljution in the services.(%) § 741. Agreements between the various salvors for the appor- Agreements tionment among themselves of the amount awarded, are governed ^eirt^^" by the same considerations that apply to agreements between salvors and salved, determining the amount of the salvage, (a;) Such an agreement, therefore, need not be in writing, but must be strictly proved, and will be upheld by the Court only so far as it is neither inequitable nor against public policy, (y) Thus, an agreement between the salvors and the agent of the (n) The Caroline, 2 W. Rob. 124 ; The 401 ; The Jonge Bastiaan, 5 C. Bob. 322 ; Sir Balph AhercTombie, L. R. 1 P. C. 454. The Santipore, 1 Spinks, 231 ; The Pride (o) The Hope, 3 Hagg. at p. 425 ; The of Canada, B. & L. 208 ; The Eastern Two Friends, 2 W. Rob. at p. 353 ; The Monarch, Lush. 81 ; The Undaunted, Columbine, 2 W. Bob. 186. But see The Lush. 90 ; The Enchantress, Lush. 93 ; Basche, L. R. 4 Ad. 127. Tlie Fusilier, B. & L. 841 ; The Flo- (p) The Perla, Swab. 230 ; The Sola- rence, 16 Jur. 572 ; The Charles Adolphe, da, 2 Hagg. 262 ; The Hope, 3 Hagg. Sw.- 153 ; The Pidcwich, 16 Jur. 669 ; 423. The Killeena, 6 P. D. 193 ; The lAvietta, iq) The Pentuchet, Lush. 605. 8 P. D. 24. (r) As to when they are so entitled, see (t) The Neptune, 1 W. Rob. 297 ; The ante § 717. Scindia, 2 M. L. C. 232. («) For examples of. apportionment (u) The Mary Ann, 1 Hagg. 158 ; among several sets of salvors rendering H.M.S. Thetis, 3 Hagg. 14. services varying in degree, see r/jejiZiiora, (a;) See ajiie § 732-734. 3 Hagg. 254; Tlie Charlotta, 2 Hagg. (y) TheBeulah,2N. oiC. a.tp.G4:; The 361 : The Swan, 1 W. Rob. 68 ; 'The Louisa, 2 W. Rob. 22 ; The Enchantress, Queen Mob, 3 Hagg. 242 ; The Maria, Lush. 93 ; The James Armstrong, 3 Asp. Edwards, 175; The Genessee, 12 Jur. 46 ; ^Ac Jif"'?/ ^mme, 11 L. T. 85. 598 CHAP. XV. -SALVAGE. Agreement by seaman to abandon salvage void. Customary agreements. salving ship, to leave the apportionment to his determination, has been set aside as inequitable and void.(2i) Every stipulation by which any seaman consents to abandon any right which he may have or obtain in the nature of salvage, is, by statute,(a) wholly inoperative. But this enactment does not apply to the case of any stipulation made by the seamen be- longing to any ship, which, according to the terms of the agree- ment, (J) is to be employed on salvage service, with respect to the remuneration to be paid to them for salvage services rendered by such ship to any other ship.(c) And no assignment or sale of salvage made prior to the accruing thereof, binds the party making it, nor is any power of attorney, or authority for the re- ceipt of such salvage irrevocable. (<^) Local or customary agreements, sought to be implied from the settled usage of a particular locality, or a particular occupation, will, if equitable, be favourably considered by the Court, (e) If any of the salvors dies before the apportionment takes place, the Court will direct their shares to be paid to their personal re- presentatives. (/) Contribution. General rule. § 742. Ship, freight, and cargo must each pay their own share of the salvage awarded, in proportion to their respective values.(5') And except, as has been already seen, (A) in the case where the master of the salved ship enters into an agreement with the salvors for a fixed sum, none of the salved interests can be made liable for any portion of the salvage beyond its own proper ^hare.(i') But if the salvage services have been rendered necessary by the default of the shipowner,(A;) or have been of no benefit to the cargo,(^) the owners of the latter will be entitled to recover from the shipowner the amount of their contribution in respect of salvage of cargo. The Court will not decree different rates of salvage for the different parts of the cargo, nor will it make any distinction be- (2) The Enchantress, Lush. 93. {a) 17 & 18 Vict. c. 104, s. 182. - See The Jtosano, 2 P. D. 41 ; The Afrika, 5 P. D. 192 ; The Wilhelm Tell, (1892) P. 337. Ante § 494. (6) Neither the agreement as to the employment of the ship, nor the stipula- tion as to the waiver of any claim to salvage, need be in writing ; The Pride of Canada, B. & L. 208. (c) 25 & 26 Vict. c. 63, s. 18 ; Tlie Ganges, L. E. 2 Ad. 370. (d) 17 & 18 Vict. 0. 104, s. 233. (e) The Enchantress, Lush. 93 ; The Sarah, 3 P. D. 39 ; The John, Pritch. Adm. Dig. 3rd ed. vol. ii. p. 1890. (/) The Marquis of Hvmtly, 3 Hagg. 246 ; The Anna Helena, 49 L. T. 204. {g) The. Emma, 2 W. Bob. 315 ; The Fleece, SW. Rob. at p. 282 ; The Peace, Sw. 115 ; Tlie Pyrennee, B. & L. 189. As to how the values are calculated, see ante §§ 722-726. Qi) Ante § 733. (i) The Mary Pleasants, -Sw. 224; The Pyrennee, B. & L. 189; The Baishy, 10 P. D. 114. (Tc) The Ettrich, 6 P. D. 127 ; The Princess Poyal, L. E. 5 Ad. 41. Kennedy on Salvage, pp. 183, 184. (l) Cox V. May, 4 M. & S. 152. §§ 743-740.— FORFEITURE. ^gg tween ship and cargo, on the ground that the services rendered in wliat pro- were of greater importance to the one than the other.(m) P°l*-^°^^ ^^JP' Life salvage is payable by ship, freight, and cargo rateably, so cargo con- far as they are preserved, (w) t'?r"''^'i Where the shipowner pays the whole salvage in order to obtain the release of the property, he has a lien on the cargo for the amount of its contribution.(o) Fm'feiture of the Reward. § 743. The salvage reward may be wholly forfeited Qs) by deneral rule. gross or wilful misconduct on the part of the salvors, or partially i. (z) The Lady Worsley, 2 Sp. 253; at p. 34. The Boston (American), 1 Summ. 328. The Lady Worsley, 2 Sp. 253; The (a) But during a salvage service the Lwce of Manchester., 2 W. Rob. 470 ; salvors have a right to an adequate main- 6 Moo. P. C. 90 ; The Atlas, Lueh. 518. tenance from the ship's stores, and even if (q) The Dantzic Packet, 3 Hagg. 383 ; there be some v?aste the Court will not The Dosseitei, 10 Jur. 865 ; The Glwy, look closely into it ; The Houthandel, 1 14 Jur. 676. Sp. at p. 29. (r) The Fielden, 11 W. R. 156. (6) The Martha, Svpab. 489. ■ («) The Charles AdolpJie, Sw. 153 ; (c) The Barefoot, 14 Jur, 841 ; Tlie The Atlas, Lush, at p. 528. Atlas, Lush, 518. 600 Wilful mis- conduct'caus- ing entire forfeiture. Negligence and unskil- fulness. CHAP. XV.— SALVAGE. Where the salvors having taken possession of the ship in peril during the temporary absence of the master and crew, resisted his authority, and refused to allow him to return on board ;(rf) Where the salvors persisted in trying to unload into their own boats the cargo of a ship in distress, after men had been put on board by the receiver of wreck ;(e) Where a ship got upon the sands and was assisted off by a steamer and then got aground, owing to the culpable negligence of the steamer ;(/) And by statute,(^) where any person, not being the owner, finds or takes possession of any wreck, and does not, as soon as possible, deliver the same to the receiver of wreck, he forfeits all claim to salvage.(A) § 745. It is the duty of those who undertake to perform a salvage service, to exercise at least ordinary skill and prudence, according to their condition and capacity, in the execution of the work which they have taken upon themselves to perform, (i) The degree of ordinary skill and prudence that will be expected from salvors has been thus described : " When persons offer their services to vessels in distress and there are no other individuals on the spot capable of rendering more efficient assistance, the Court must look with considerable indulgence on their efforts ; because, being the only aid that can be procured, and offered in a state of great exigency, every allowance must be made if they are not possessed of adequate knowledge to perform the duty they have undertaken. But different considerations will apply to the con- duct of individuals, who assume the character of salvors, when there are other persons competent to discharge those duties."(/<;) " Where success is finally obtained, no mere mistake or error of judgment in the manner of procuring it, no misconduct short of that which is wilful and may be considered criminal, and that proved beyond a reasonable doubt by the owners resisting the claim, will work an entire forfeiture of the salvage. Mistake or misconduct, other than criminal, which diminishes the value of the -property salved, or occasions expense to the owners, are properly considered in the amount of compensation to be awarded."(^) Even where essential services have been rendered, if the {d) The Gapetta, (1892) P. 70; The yan.rean,8P. D. 147. (e) The Wear Packet, 2 Spinks, 256. (/) The Duke of Manchester, 2 W. Bob. 470 ; 6 Moo. P. C. 90. ig) 17 & 18 Vict. u. 104, s. 450; see post § 754. (h) But this section does not apply where the finder believes himself to be the owner of the wreck ; The Liffey, 58 L. T. 351. And see Tlie Zeta, L. E. 4 Ad. 460. (i) The Neptune, 1 "W. Eob. at p. 300 ; The Cape Packet, 3 W. Eob. at p. 125 ; The Lochwoods, 9 Jur. 1017 ; The Mag- dalen, 31 L. J. Adm. 22 ; The Houthan- del, 1 Spinks, at p. 27. (k) Per Dr. Lushington, The Vvaden, iN.ofC. 115. (l) The Atlas, .Lush, at p. 528 ; The Dosseitei, 10 Jur. 865; Tlie Glory, 14 Jur. 676 ; The Agamemnon, 48 L. T. 880 ; The George Gordon, 9 P. D. 46 ; The Pinnas, 59 L. T. 526. §§ 747-752.— THE SALVOR'S REMEDIES. gQl property saved sustains any injury in consequence of the sub- Negligence sequent negligence or misconduct of the salVors, the Court will ^^^ unskil- diminish the amount of their remuneration. The extent of this diminution may be proportioned, not to the amount of loss or injury, but to the degree of negligence or misconduct. (m) And salvors, whose conduct has been innocent, may suffer by the misconduct or unskilfulness of an agent, who has been properly employed by them to complete a service which they had com- menced, if thereby loss or expense has been occasioned to the owners of the property salved.(7i) § 746. The following cases of misconduct have been visited with Causing a partial forfeiture of salvage : feltot^"'" Where sailors, who had rendered material service, resisted further assistance, although the master deemed it necessary, and attempted against his wishes to exclude subsequent salvors ; (o) Where salvors being unable to place a ship in security them- selves, refused assistance and left her exposed to risk, while they proceeded for ropes and spars ;(p) Where salvors misconducted themselves in retaining possession and forcibly continuing their services after they had been disi- charged by the owners. (§') Where the salvors were guilty of violent and overbearing conduct, (r) And even services of the highest class may be lessened by a subsequent demand of an exorbitant reward, (s) The Salvors' Bemedies for Becovering Payment. 8 747. Salvors have a maritime lien on the property salved. Their man- or in other words, a right to realise the amount of their remunera- tion out of the proceeds of the salvage.(<) This right is enforced, as in the case of damage,(M) by arrest- ing the ship in an action in rem.(w) And where property,(a;) or some interest in property,(2/) has been saved, or the services have been rendered under special agreement, (s) the salvors have also a (m) The Gome Padcet, 3 W. Rob. 125 ; 79 ; The Nymph, Swab. 86 ; The Royal The Magdalen, 311.. S. Adm. 22; The Arch, Swab, at p. 284; The Oustaf, Dygden, 1 N. of C. 115; The Duke of Lash, at p. 508. Manchester, 2 "W. Bob. at p. 477 ; The (u) Ante § 638. Perla, Sw. 230 ; The Bosalie, 1 Sp. 188 ; - - -- ■ but see The O. 8. Butler, L. R. 4 Ad 178 ; The Dwina, (1892) P. 58. (m) The Atlas, Lush. 518. (o) Tlie Dantzic Packet, 3 Hagg. 383 (p) Tlie Dosseitei, 10 Jur. 865. (q) The Glasgow Pacleet, 2 W. Rob. 306. (r) The Marie, 7 P. D. 203. (s) The John and Thomas, 1 Hagg ■ 157 n. («) The Boiothorpe, 2 W. Rob. at p (w) But a national ship, whether Bri- tish or foreign, her cargo and stores cannot be arrested. The Prins Frederih, 2 Dod^. 451 ; The Constitution, 4 P. D. 39; The. ParUment Beige, 5 P. D. 197. (x) The Cargo ex 8arpedon, 3 P. D. 28 ; The Renpor, 8 P. D. 115. (y) Five Steel Barges, 15 P. D. at p. 146. (a) Tlie Cargo ex Sarpedon, 3 P. 1). at p. 34 ; The Prinz Heinrich, 13 P. D. at p. 34. 602 CHAP. XV.— SALVAGE. Their mari- time lien. Effect of following regulation, viz., that oats or cotton seed may be carried in bulk t^q g ^ between the decks, provided — (Oct. 1886). (1) That the between-deck hatches shall not at any time be put on ; and (2) That strakes of the deck shall be lifted, or if the deck is an iron deck, sufficient openings shall be provided to admit of the cargo in the between decks feeding the lower hold ; and (3) That the precautions specified in sections 4 (c) and 4 (d) of the said Merchant Shipping (Carriage of Grain) Act, 1880, be adopted. (k) i.e., both in the lower hold and in the 'tween decks : The Bothlmry, 13 P. D. 119. (Z) l.e., 2 per cent, of the grain in the compartments of the 'tween decks which they are meant to feed, plus the grain in the holds below such compartments : The Bothlmry, 2 u 674 APPENDIX No. 6. No. 6 (see § 422). A,— J'orm of Bottomry Bond. Know all men by these presents, that I, A.B., commander and two-thirds owner of the ship Bxeter, for myself, and G.B., remaining third owner of the said ship, am held and firmly bound unto E.F. in the penal sum of two tho'w- sa/nd ipotmds sterling, for the payment of which well and truly to be made unto the said E.F., his heirs, executors, administrators, and assigns, I hereby bind myself, my heirs, executors, and administrators, firmly by these presents. In witness whereof I have hereunto set my hand and seal, this 14th day of December, in the year of our Lord, 1796. Whereas the above-bound A.B. hath taken up and received of the said E.F. the fuE and just sum of one thousand pounds sterling, which sum is to run at respondentia on the block and freight of the ship Exeter, whereof the said A.B. is now master, from the port or road of Bombay on a voyage to the port of London, having permission to touch, stay at, and proceed to all ports and places within the limits of the voyage, at the rate or premium of twenty- five per cent. (25 per cent.) for the voyage. In consideration whereof usual risks of the seas, rivers, enemies, fires, pirates, &c., are to be on account of the said E.F. And for the further security of the said E.F. the said A.B. doth by these presents mortgage and assign over to the said E.F., his heirs, executors, administrators, and assigns, the said ship Exeter and her freight, together with all her tackle, apparel, &c. And it is hereby declared, that the said ship Exeter and her freight is thus assigned over for the security of the respondentia taken up by the said A.B., and shall be delivered to no other use or purpose whatever, until payment of this bond is first made, with the premium that may become due thereon. Now the condition of this obligation is such, that if the above-bound A.B., his heirs, executors, or administrators, shall and do well and truly pay or cause to be paid, unto the said E.F., or his attorneys in London legally authorised to receive the same, their executors, administrators, or assigns, the tuU and just sum of £1000 sterling, being the principal of this bond, together with the premium which shall become due thereupon, at or before the expiration of ninety days after the safe arrival of the said ship Exeter at her moorings in the river Thames, or in the case of the loss of the said ship Exeter such an average as by custom shall have become due on the salvage, then this obligation to be void and of no effect, otherwise to remain in fuU force and virtue. Having signed the three bonds of the same tenor and date, the one of which being accomplished, the other two to be void and of no effect. ^.jB. for self ) , anAG.B.{m)\ ''^- ^■> Signed, sealed, and delivered (where no stamped 1 O. S. ' paper is to be had) in the presence of j J. K. (m) In this bond, the occasion of borrowing tbe money is not expressed (see the next form), but the money was in reality borrowed to refit the ship, which, being on a voyage from Bengal to London, was obliged to put back to Bombay to repair. See The JExeter, Whitford, 1 C. Rob. 176. The occasion, therefore, of boiTowing the money gave the lender the security of the entire Interest of the ship. But this bond, although ex- pressed to be executed by the master for himself and the other part-owner would not bind the other part-owner personally, unless he had by a previous deed authorised the master to execute such a bond for nim. B.— FORM OF RESPONDENTIA BOND. g^^ B. — Form of Bespondentia Bond, (n) Know all men by these presents, that I, A. B., master of the ship Sultam, am held and firmly bound unto 0. D., of Boston, in the United States of America, in the full sum of 30,000 dollars, lawful money of the said United States, to be paid to the said 0. D., or his certain attorney, or his executors, administrators, or assigns, to which payment I bind myself firmly by these presents. Sealed with my seal, and dated this day of 18 Whereas the said ship Sultan, having laden on board a cargo of cotton and corn, was accidentally stranded, and'suffered great damage, and was taken into the harbour of Key West by salvors, and her cargo discharged, some being damaged, and whereas great expenses for salvage and other charges were necessarily incurred and were charged on the said cargo, which said expenses the said master was unable to pay. And whereas the said G. D. did contract and agree with the said A. B.to advance the sum and sums of money necessary to enable him to pay the said charges and expenses upon the goods and merchandise, lately the cargo of the ship Sultan, and to re-ship and forward the same from Key West to their destination (that is to say), to the port of Liverpool in England, it being expressly agreed before any part of such advance was made, that such advance should be by way of respondentia on the said cargo, in the voyage last aforesaid ; and whereas under and pursuant to the agreement last afore- said, the sum of 25,000 dollars was advanced as aforesaid. And whereas the said goods and merchandise have now been laden at Key West on board the ship called the T. J. Roger, and bound for Liverpool, to be carried to Liver- pool aforesaid. Now, in pursuance of the original agreement aforesaid, and in execution of the same, it is hereby declared that the said goods and mer- chandise are hypothecated and assigned over by way of respondentia security, and that the same are to be delivered to no other use whatsoever. Now the condition of the above written obligation is such, that if the said ship, T. J. Roger, do and shall depart from Key West, and sail to and arrive at Liverpool, and if the said A. B. shall pay unto the said 0. D. or his legal representative, within ten days after such arrival, the full sum of 25,000 dollars, together with a premium thereon of fifteen per cent., or if in the said voyage an utter loss of the said ship by any perils of the sea, which are insured against under poUcies (a form whereof is hereto annexed), shall unavoidably happen, and the said A. B., or those for whom he acts, shall well and truly, without delay, account with the said C. I)., or his representatives or assigns, for the just salvage which shall be received from and on account of the said hypothecated merchandise, and shall well and truly pay or dehver the same unto him or them, and shall not deliver the said merchandise to any other use whatsoever, without payment of the principal and interest and premium due on this bond, then this obligation shall be void, otherwise to remain in full force. A. B. (l.s.) Signed, sealed, and delivered by the within ) p p named A. B., in the presence of ) ' (n) This form does not expressly state that the lender takes the maritime risk ( see preceding foiin). This may, however, be collected from the bond, which is an adaptation from that used in The Sultan (Sw. 604), with the omission of those parts which were pronounced against, as seeking to charge cargo not at risk. G76 APPENDIX No. 7. ^ W •s i o 05 -bS <1 8 8 .^ CO « O T3 a S S S9 ■S'« 8 " , S «• o &> r 8 .S S I S .e^ %a S^ 8 SS .S.S s> « "ig . I„B -"goo "5^ ass ■a' ^ O ames crip- e Gl- are serve oapa- otive If QQ d PI 00 CD f|l l{i 1^ S r, ^ U O H g B Hi ,S S -fl s S SS •43 o 5,.a o ■" 5 •= S ■" o IS io g « S, tin « t- ^H S fl a "3 "i o ■ - 3 ■a =* « 2 5 a g " g g p. o a .g g -^ -«^ ED O; » ■a i'^' tg J .5 -o- g " ^ do ■" S ■" ja ii I .§ 2 e -g .S ■§ — rt ■S M t. & tn o •3 a' ^ ^ a «^ 1j *^ >» 2 s3 tH ^ -■- a ^ a " 2 » bi" s § a 5 3 a fl g J ^ S -g a » S a ca a* a rs 9 P4 ° a a iZ g g " 5 f-I^S 5 o|1k" > IB ^ 'ig s:g ^Ss " a S ^l^li^i -CI ■■§g^'=iag-2 i'gas -^ .1 5 'S ^ a S -g ■§ g ■S ■22-aS'Ha s^a- c3 '(11 Ph fl •a ^ fR a 3 ^ «H a ■a & a s » s s 1 s ri n> S ,=3 'a 1 1 1 a^. ■«i '1 s .as M 1 Is, t ^a 2 |a S-a «.s s=i •aS •t-9 |^° ^ 2 ^.2 .S ?S 3 B a '^ a T3 . sg J 1 ^i •£> t» §3 O S^.a s.» ^■' aS £ §""5 g-a-s ' i o M t> o ^ +3 -g a ■« >■ o a -d S ■" •« Pi ^ io a V fis5 1 •331 ri a a & R ■» 1 CPI « ^ o « +3 o (U OQ ^ {3D 5? O rt ^ Ph ^ H ^ «H o til ^■St O c3 eg tl-Sg- oaiS CD EH -a 0) r1 t> '•fM o ^ a ^i i| fig. o t> ) No. of Certificate (if any), and No. of Be- '° serve Commission or E.V. 2 (if any). S ■S . n P i s p 10 Amoui Wag Year. 6 State Name and Official No. or Fort she belonged to. 6 Date. 7 Place. 8 per W© Calen Moni 11 1 2 3 4, 6 6 7 (1) (2) — Master to sign first. (1) (2) (1) (2) (1) 1 (2) U) (2) (1) (2) (11 (2) (»•) If a British Subject, state Town or Country of Birth, and if bom in a ft («) Engineers not employed on the Propelling Engines and B («) If any Member of the Crew enters her Majesty's Service, the Name of the Queen's Ship into which he enters is should be briefly stated thus, *' Disohar Name ACCOUNT OF APPEENTICES ON BOARD (IF ANY). Christian and Surname of the Appren- tices at full length. 1 Year of Birth. 2 Eegistry of Indenture. Date, Place and Cause of Leaving this Ship, or of De To be filled tip ly the Master. Date of 3 Port of 4 Date. 5 Place. 6 Cause. 7 " AGEBEMENT OF CEBW. A.— FOREIGN-GOING SHIPS. Ship 679 ENGAGEMENT. PAETICtllAES OP DIS- CHARGE, &o.. To U filled in hy the Master upon the Biacha/fgey Deathy or Deser- tion of any Member of his Crew. RELEASE (late M). i 5ii n. -US" 13 Amount of Weekly or Monthly Allotment. 14 o * DO <]> 15 Date, Place, and Cause of leaving this Ship, or of Death. Balance of Wages Paid on Discharge. 19 We, the undersigned' Members of the Crew of this Ship, do hereby release this Ship, and the Master and Owner or Owners thereof, from all Claims for Wages, or otherwise to in respect of this Voyage, and I, the =■ Master, do hereby release the said undersigned Members of the Crew from all Claims in respect of the said Voyage. Signatures of Crew (each to be on the Line on which he siRned in Col. 1). ill iji ■g^ to Sffl'S ffi a'3 iH ? V S l|| 21 Advances made Kingdom of not M Month's Wages, going to Sea. Date. 16 Place. 17 Cause(«) 18 1 2 3 4 5 6 7 i 1 1 Country, state whether a natural-bom British Subject or naturalized. should be described as Engine Drivers here and in Dis. 1. stated under the head of " Cause of leaving the Ship," thus, " H.M.S. Revenge " ; and the other Causes of leaving the Ship " Deserted," " Left Sick," " Died." Ship_ CEETIPICATES (m) Or Indorsements made by Consuls or by Officers in British Possession Abroad. (u) This part of the Form is omitted from the Office Copy to be forwarded to the Begistrai-General of Seamtti. r pages] 680 APPENDIX No. 7. a a, 3 i S P5 H O .2 '^ K OS g£ H a^Sa&a S-^i I - ^ CO *5 * "^"^ ** o a © J a a a .-^ S£-«*-S£-SS'S.g O n a a o 2 " a-3 " n^'- § B a q •|Bi5Sl|g,2|S£gSSg 02 4« s «.2o5^ s „ « o asS e » a-° »'a ">- S-g-g » 5,° „ 2 J a (U 01 "a H a II a-S t>oS •fH p, CQ s QQ «M 1- OD m J ,S a ^1 bobotmSo bp m COCG^ CQ "a 'a u V a ^ ffi > f a t- a a > B SSSb S ■5 S • • »T i • 1 1 ^o"? R Jfl 60 H- 111 ■ ft .«&« . A 03 1 3 . .3 il« a ■ 's^ti' ■3 . .a §&8a s . -a H-sP" ' 1- d spirituous lig a . . . for eaeb snbseiji Lng possession owle knife, dag concurreuce of or instrument 1" bo ■ O+a fa's " S fc xibing 01 asi prosecuted) ringing or n runkenness. aking on Boi slung-sliot, instrument, man retains QQ pun &< •— d |Z5 IH « CO -* 0} [jO ms o a. AGREEMENT OF CEBW. A.— FOREIGN-GOING SHIPS. ggX s o? 3^-a^-|.sS •■set-" Ilia s ^^s-u-^aS'aS-n-a ^•»'S^jji>.gS - I §1 §§ili-| |p| «3| |=i5r.ti-aii!g|-s i^i|ii4 si 111 ! ?l lli^ia 1;!i 4'i li^lt^liiii- it i!f|ii!l ilift I ^3 illlP^I I -III ill llMia^riiK^ llPliil Isf^li i4l lii-!:!.rlll^l^|t!i Iflilllllilill llllSsI llHi' s^-§« 3.=|'g£^-"^S>fiUf£ lag's :^*ig|sg|;S-SBS,«-"» s;2tS5EP,SS llli illl?P.ii1i 111 II IlliliHil' lllflili lllili 2 m o g d ! L •"'Sis sS IS-sSaSoS-^M o ii!| II 111 -si-i i.s i^iii^^g ?i i-o I i^.g i^ i-i o H ;;!■§§ a-a i^" Sgs .^g. 2-|:-ga^|2| H S| ^| |^i fSS .s|s s O r-ils= .S^ ^?.= Sf^i-g gS |J5|-2,fo^5 IS a a &| ■S|| §g| f|| | i ti^i I III III ii nmm .fiji !| III III it: I I m^it IS :ii «^ I lisiMio I sill n ill III Is! J iiiii lltil! t!i i|lKi! i|}i! I HI ! It; li I !r g|s-ag"sSg|^.sls| |°og«4sg&ag-s| £i:!i1s2l-2e^i ^gS^l^lg ?i*ss|,sa^3s|Sigg5«ggi„.£Ss^5ig| la:2^|ft-5-s- -^l^ g't'SSfll^l 682 APPENDIX No. 7. ^ si [H p< 3 ^ n CM § ■s 3 1 a M S S3 a Sg.l1" sS s".s.sl = il8 I- ►•siii-«"Sf| is ' -'Is! ^1 ra^ n BO a * H .. 03 V G3 ■§ ^S " ^^ t-. 2 si So '^ a C b! 0-t=: « .. « :5t) -a'Sg.So - » S S g J, s. S.S ^M « I §• -^"Sa^S ta E a |n||gl: o w So a t^ o1a.*3 S.!: ^^.gSg silly's -gg-l Sol's "nil sa 1^ s'i. .aS -H Sjj"" bo "C 2 S ■ w « « wj "g -111 s s-» § l=-s; " 9 K ::! H V to OS ^ at ■<4l5 0,01 S.a'S'a g S "!■§■§ ■" a o D-iuB S.9 g "S , l^a SS flH.S'S i .; "2'^*«'^S; ".asps', T3U*..a'a • «<« «S -' 2 " § a S.S b ^s8 I »H-iSc3egm.Q Co s as • • St:, g §'22 S !a aB .a AGEEEMENT OF CEEW. B.— HOME-TEADB SHIPS. 683 «* fi •la J • N u I r^ 1 -*i ^3 «M a o 1 a- s tS Pi >! a 02 >, .n .5 :5 13 3 o .o o H sT «a »H HA eS as s e t>» ^ ■2 5 g o >s g h ■^ o r3 a > 1 1 o .2 01 ■«! o 3 *§ .g » •S ^ ^ ■^ a »4 > ^■3 ^ fj !;3 ■S o ^ 53 (3 ed o 'w ^ ^ o >j d ■§ a} ^ ^ o M o ^ ^ &H ;^s a s I Cm e3 e = a I; gas • ^?s ^ 3 a H o'S; .J as « o * 3 02*11 «5 5 aj a "O o ■a §.§■ S5 ^r& MB so S3 P4 =3 go 'S s as .5a " ti.a rHtJTJ CO «^'a«*H'H'T? a ti o rt w - r S O'^ 5 S ° g g M •§•13 otto's „ « .a "3 S'-S o a a ® SjI «.g a .Sti?rao.||||-|,. , C Q S ^ « - (O H .d 3 2 2 «_3 ■** -u Tl "S? -Q t3 htirn <4-i _. ^ g_g £ fl S rt ^ o ^ " ^^•i^^^lss. (-■oil « ^ a « ° 3 g-Ta ga ■^S^M .-SS1S5g3Mo ^•43Sg^j3<»gg«S-S-f ia»'^„-g&-sSa|3.& 2tS'^»ma£«o2arrt &g^|:§§'.g«°'s-S|a ■Samo -,^Sl?oSais'=* iS -S °*^ g-Ca aS "^ sl 9 I a S.K a'ti " S.S" §" &a^-^§§3a-!ljg«^ ■S««2t§aS-o^25a«'g ••S-'So-a - OS J! 2 S ^ fci3 a « o-H a " " ftS s •« s r s Is! "a o .a +j art a w -^ 5s <» H^.o-"-aaa^^sao-g »5-Sl^(Sga°a^"fe'§ 'S"'^.2 2S»-5 SiS-a^ «J'^ a S « §3 #.S & ^ « 3sg s.2-«si'i'S§s s ^ S 2 ^^ ^ S"^ -a g 13 o Ot _ > n e fe S 03 '^ : S|5 = az 'S'gl «u 2 B §«« F^J rt to aJ2-"S fcD'a ^ a 2 ^< ;|ft& '•ssa^3£..» » 53 5 B "•a QD fe. s ff^a^ 2 S a a'gS ^3 a o g a « o es jg^aj o-a a 0) p M " aS K o 5 a g «„- a, o S!" =■ g StflS 2 a ° ■:o.93l.||S^g 5 S:3ifi S o o g •«i|i§"a|||-a„- ■S-Si-SSB "£■■ i3S - i^i^ l^.§! I«~a |i-=-.S 0) fl a ft-r-W fe P S " o -.uuKo-S «-°Md Ijg » »-.a^^^ « S.l|5.g §^-| s s^-°-S li'^'S «-*3 Sja w^ O"-^ 01*? ^ c**s ft. 03 « ! gg.j^'Sai §111111111^^ J CO S> o d »^i55 il^EsI IS^^I^ g.a.g §1 § =1 S.Sg.sS^-o.^|S_2^ lilll|i§MI a-s^s^-a„ssoS; iciis«-iii^l OKggggslg-Sa . ft« rS^ora't^'^ £-S ei 684 APPENDIX No. 7. Name of i PAETICDLAES OK ENGAGEMENT. Crew. 1 2 Nation. ality.(y) 3 If in the Beserve, No. of. Commis- sion or E. V. 2. 4 Ship in which he last served, and Year of Discharge therefrom. Date and Place of Bigning this Agreement. In what capacity engaged, and if Master, Mate, or Engineer (z). No. of Certificate. 9 Time at which he is to be on board. 10 Tear. 5 State Name and OfBcial No. or Port she be- longed to. 6 Date. 7 Place. 8 1 Master to sisn first. Master. ACCOtrWT OF AFPBEUTICBS Christian and Surnames of the Appren- tices at full length. 1 Year of Birth. 2 Place of Birth. 3 Eegistry of Indenture. Date. 4 Port. 5 BIRTHS. COLUMNS TO BE FILLED IN BY THE OPPICEE Date of Birth. 1 Christian Name (if any) of the Child. 2 Sex 3 Christiao Name and Sur- name of Father. 4 Bank, Profession, or Christian Name and Sur- Occupation of Father. name of Mother. 6 "* 6 1 DEATHS, otter than. COLUMNS TO BE FILLED IN BY THE OFFICEE Death. Christian Name and Surname of Deceased. 3 Sex. 4 Age. 5 Bank, Profession, or Occupation. 6 Nationality (stating birthplace). 7 Date. 1 Place. 2 W DEATHS of Members COLUMNS TO BE FILLED IN BY THE OFFICEE Death. Christian Name and Surname of Deceased. 3 Age. 6 Eating. 6 Nationality (stating Birthplace). 7 Date. 1 Piece. 2 4 OEBTIFICATES Or Indorsements made by Consuls or by Superintendents of Mercantile Marine Ofiices. (y) If a British subject state Town or Country of Birth, and if born in a foreign country, state whether a natural bom British subject or naturalised. (z) Engineers not employed on the Propelling Engines and Boilers should be described as Engine Drivers here and in Dis. 1. Persons serving as Engineers in charge of Eefrigerators should be described as Eefrigerating Engineers. (a) Should the Bate of Wages in any case be altered during the continuance of this Agreement, a fresh entry shonld be made, which the Seaman shonld sign. (H If any Member of the Crew enters her M^eaty's Service, tlie name of tlie Queen's Ship into which he enters is to be AGREEMENT QF CREW. B.— HOME-TRADE SHIPS. 685 8hip_ PARTICULARS OF DISCHARGE, &c. To he filed in by the Master wpon the Diecha/rge, Death, or Desertion qf any Mem- ber of his Crew. RELEASE (late M). Report of Charac- ter(c). i Amount of Wages I-. per Week or '^ Calendar Month.((i) Advance agreed to. 12 Amount of Weekly or Monthly Allot- ment. 13 Signature or 1.4 Initials of OfBcial ^ or other Witness to the Engagement. Date, Place, and Cause of leaving this Ship, or of Death. Balance of Wages paid on Dis- charge. 13 We, the undersigned Mem- bers of the Crew of this Ship, do hereby release this Ship, and the Master and Owner or Owners thereof, from all Claims for Wages, or otherwise in re- spect of this Voyage, and I, the Master, do hereby release the said undersigned Members of the Crew from all claims in re- spect of the said Voyage. Signatures of Master and Crew (each to be on the Line on which he signed in Col. 1.) 19 o CD si o 20 1 21 1 6 ■3 o 22 Date. 15 Place. 16 Cause (S). 17 1 ON BOARD (if any). DATE, PLACE, AND CAUSE OF LEAVING THIS SHIP, OR OF DEATH. (To be filled up by the Master.) Date. 6 Place. 7 Cause. 8 IN COMMAND. COLUMNS TO BE FILLED IN BY OFFICIAL TO WHOM REPORT IS MADE. Maiden Surname Nationality. Last Place of Abode. Signature of Father or Mother. 12 Signature of Master. 13 Port and Country at which Birth was reported. 14 Signature and Title of Official to whom reported. 15 of Mother. 7 Father. 8 Mother. 9 Father. 10 Mother. 11 tiose of the Cre-w. IN COMMAND. COLUMNS TO BE PILLED IN BY OFFICIAL TO WHOM REPORT IS MADE. Last Place of Abode. 8 Cause of Death. (See Footnotes). (e) 9 Signature of Master. 10 Port and Country at which Death was reported. 11 Signature and Title of OflBcial to whom reported. 12 of tlie Cre-w. IN COMMAND. COLUMNS TO BE PILLED IN BY OFFICIAL TO WHOM REPORT IS MADE. ' Last Place of Abode. 8 Cause of Death (See Footnotes) .(e) 9 Signature of Master. 10 Port and Country at which Death was reported. 11 Signature and Title of Official to whom reported. 12 PABTICULAKS OF VOYAGES. • A Statement of the Dates of Departure and Dates of Arrival at the several ports must be entered under this heading. From To Date of Departure. Port. Date of Arrival. Port. to accompany this Return in a separate form W & E 1, which will be furnished by the Superintendent. If any Master Jails to give a true account of these particulars, he will be liable to forfeit a sum not exceeding treble the value of the money and effects not accounted for, or to a penalty not exceeding £50. Note.— If a birth or death occurs, and the Agreement is not finally delivered np at the next Port of arrival, a duplicate report should be made on Form B and D 1. (e) 1. If the cause of death is from Disease, the napie or nature of the same should be stated. 2 When the cause of death is Accidental, the circumstances attending the accident should he fully stated. 3.' Ifat the time of an accidental death the vessel sustained any damage, loss of gear, cargo, &c., the nature of such damaee or loss should be stated ; if no damage or loss was sustained it should be so stated. 4 When the death is occasioned by any other cause, e.g., murder, suicide, .Sbc, full particulars of the same should be APPENDIX No. 7. SPECIAL HALF-YBAELY AGRBBME] OF SHIPS ENGAGED IN THE HOME TBA 686 C— Eng. 6a. [SSUBS BY THB BoiXD OP Tkabb, Januaty, 1893. In purBuance of 17 & 18 Viot., c. 104. [This Foim differs from tlie preceding in omitting the name, &c., of the Ship, Master, s Managing Owner, and the table for "Particulars of Voyages." It also contains the followi tables to be filled up, differing materially from those of ths preceding Form.] In ffljtruaei whereof the said Parties have subscribed their Names on the other Side Sides hereof on the days against their respective Signatures mentioned. Master's iSignatu St Official Number. NAME OP VESSEL. Port of Eegistry, Port No. and Date of Eegister. Register Tonnage. Nominal Horse Power of Engines. No. of Seamen for wliom ac- commoda- tion is certified. 30&31 Vict., e. 124. Distance in feet J centre of the S) load line in salt T^ of lines indieatina decks abi 1st Deck above it 1 ft. in. 2 3 i S s . r ^ NAME OF VESSEL. ANALYSIS OP CEEWS. Sailors' Department. Engineers* Department stewards' Department. 09 1 -^ . Efl g ,. S B 2 s o 1 e Is ll ll Pursers, Clerks, Storekeepers, &c. 1" hi til 02 ►4 1 2 3 4 6 AGREEMENT OF CREW. C— HOME-TRADE SHIPS. 687 AND ACCOUNT OF VOYAGES AND CREW ONLY AND BELONGING TO THE SAME OWNER. Date and place of First Signature of Agreement, including name of Shipping Office (if one is used). This Column to be filled in by the Owner. I hereby declare to the truth of the Entries in this Agreement and Account of Crew, &c. _ Owner. of Vessels. inches between the showing the maximum and the upper edge Name and Address of the Registered Managing Owner or Person appointed under the 38 & 39 Viet. o. 88. MASTERS. position of the ship's that centre. Name. No. of Certificate. Address. 2nd Deck above it. ft. in. EMPLOYMENT OP VESSELS. State whether the Vessels were employed upon the under-mentioned Days. NATURE OP EMPLOYMENT OP SHIPS DURING THE HALF-YEAR. 15th March. 15th June. 15th Septem- ber. 15th Decem- ber. [Here follow Particulars of Engagement, &c. 688 APPENDIX No. .8. No. 8 (see §§ 525, 614). A.— MEDICAL SCALE FOB, MERCHANT SHIPS. SCALE OF MEDICINES AND MEDICAL STORES, issued and caused to be published by the Board of Trade in pursuance of the Merchant Shipping Act, 1867. (Revised, March 1892.) Proportion for Ships FreparatioDB from carrying the under-mentioned British Pharmacopceia, 1867. No. of Men and Boys Names of Medicines. (f or 12 months). This Column is added for the use Medicaments, See. of Druggists supplying the Medicines indicated. 10 and 11 to 20 21 and under. inclusiye. upwards. Alum 1 oz. 2 oz. 3 ozs. Copaiba .... Balsam of copaiba 4 ozs. 8 „ 12 „ Bicarb, of soda . 8 „ 12 „ 16 „ *Mist. Sennffi Co. Black draught 1 pint 2 pints 3pints- Lotio Hydrarg. Nigra Black wash . 1 „ 2 „ 2 „ A liquid containing not less tCarbolic acid or other] than 80 per cent, of free disinfectant of ap- ■ Igal. 2 gals. 4 gals. - Carbolic or Cresylic Acid proved quality . . ) A liquid containing Per- tCrimson fluid i pint Ipint 1 pint manganate of Potash or Soda equivalent to not less than 2 5 percent, of Permanganate of Potash. Castor oil . lib. 2 lbs. 3 lbs.. Potassse Tartras Acida Cream of Tartar . 2 ozs. 4 ozs. 8 ozs. Epsom salts 3 lbs. 6 lbs. 12 lbs. Ess. Month. Pip. Essence of peppermint — 1 oz. 2 ozs.. Tr. Zinglb. Fortior . ginger — 1 „ 2 „ Liq. Plumbi Subacet. Goulard's extract 1 oz. 2 ozs. 4 „ Iodide of potassium . — 2 „ 4 „ Tr. Opii .... Laudanum . 2 ozs. 4 „ 8 >, Linseed meal — 14 lbs. 28 lbs. Argenti Nitras . Lunar caustic i oz. Joz. 1 oz. Nitrate of potash 2 ozs. 4 ozs. 8 ozs. Ung. Resinse Ointment, BasiUcon . 3 „ 6 „ 10 „ „ Hydrargyri Do. Mercurial . 1 oz. 2 „ 4 „ „ Simplex . Do. Simple 6 ozs. 12 „ 16 „ „ Gallae cum Opio Ointment of gaUs and] opium . . .J 1 oz. 9 4 ^ I, * 1, „ Sulph. Ointment of Sulphur . 6 ozs. 12 „ 16 „ Iodoform . 2drs. 4 drs. 6 drs.. Salicine 2 ozs. 4 ozs. 6 ozs. Sp. Ammon. Aromat . Aromatic Spirits of ) Ammonia . J 4 „ 6 „ 8 „ Liq. Epispasticus Blistering fluid . 1 oz. 1 oz. 1 oz. Olive oil 8 ozs. 12 ozs.- Lin. Opii .... Opodeldoc . 3 ozs. 6 „ 10 „ Tr. Camph. Co. . Paregoric . 4 „ 6 „ 8 „ Pil. Hydrarg . 5 gr. Pills, Blue . 1 doz. 2 doz. 3 doz.. ,, Ipecac, c. ScilU 5 gr. Do. Cough 2 „ 4 „ 6 „ „ Sapon. Co. . 5 gr. Do. Opium 1 „ 2 „ 3 „ „ Coloc. 0. Hyosc. 5 gr. Do. Purging 3 „ 6 „ 8 „ „ Ehei Co. . 5 gr. Do. do. Mild . 3 „ 6 „ 8 „ Pulv. Ehei Co. . Powder, comp. rhubarb 2 ozs. 4 ozs. 8 ozs. * Omit extract of liquorice, and substitute aromatic spirit of ammonia, 1 oz. to- 1 pint of the mixture. t As antiseptic and deodorising agents for common use. Samples of the dis- infectants supplied will be occasionally taken for analysis, to determine whether- they fulfil the requirements of the Board of Trade. + For purifying drinking water when necessary. MEDICAL SCALES. 689 Preparations from British Pharmacopoeia, 1867. This column is added for the use of Druggists supplying the Medicines indicated. Pulv, Catechu Cp. ) -, „ Cret. Aro^. \;^^^ „ c. Opio J P^'^- ,, Ipecac. Co. Sp. .ffitheris Nitrosi . Tr. Hyosoyami . „ Ehei Lin. Terebinthinae Acid. Sulph. Arom. Liq. Ammonise . Pulv. JalapSe Tr. Ferri Perchloridi Tr. Benzoini Co. Names of Medicines. Medicaments, &c. *Powder, Diarrhoea Do. Dover's . Do. Ipecacuanha *Quinine Sweet Spirits of Nitre, Sulphate of Zinc . Sulphur (sublimed) Tincture of Henbane „ Ehubarb Turpentine liniment Elixir of Vitriol . Spirits of Hartshorn Bromide of Potassium Chloric Ether Powder of Jalap . Camphor Tinct. of Steel Friar's Balsam Proportion for Sliips carr;ving tlie under-mentioned No. of Men and Boys (forl2montli8). 10 and under. 1 oz. 2 lbs. 1 oz. 4 oz. 2 4 ',', 4 „ 3 „ 3 „ 3 „ 2 „ 3 „ 6 „ 11 to 20 inclusive. :i oz. 2 „ 2 „ 2 „ 2 „ 2 „ 3 lbs. 2 oz. 10 4 6 6 5 5 5 4 6 6 21 and upwards. oz. 3 3 3 3 3 6 lbs 3 oz. 12 10 10 Proportion for Ships carrying the under-mentioned No. of men and Boys PARTICtrtAKS. Scales of Medical Stores and Necessaries. (for 12 months). 10 and 11 to 20 21 and under. inclusiTC. upwards. Adhesive plaster on unbleached calico in tin case . 1 yard 2 yards 3 yards Lint .... 41b. fib. lib. 1 grain, 2 grains, &c., must Scales and weights 1 set 1 set 1 set be stamped in English figures and words on each respective weight, the word seruple must not be used at all (the scruple weight being marked 20 grains), the J dram, 1 dram, a.nA2dram weights must be also marked in English figures and words. The fluid drop measure Graduated drop mea- must be marked dram sure .... 1 1 1 1 and divided into 4Si drops. the word minim being omitted altogether. i The fluid 2 oz. measure Graduated 2-oz. mea- ' \ must be marked 2 ounces, sure .... 1 1 1 1 ounce, 2 table spoonfuls, 1 tahle spoonful, and 1 tea spoonful. 6-oz. bottles. i doz. i doz. 1 doz. Corks for bottles 1 „ H„ 2 „ * Treble the quantity above indicated to be taken to all tropical ports. 2 X 690 APPENDIX No. 8. ( Proportion for Ships carrying the under-mentioned No. of Men and Boys Particulars. Scales of Medical (for 12 months). Stores and iCfecesBaries. 10 and 11 to 20 21 and under. inclusive. upwards. Scissors 1 pair 1 pair 1 pair Syringes 2 2 4 Lancet 1 1 1 Abscess do. 1 1 1 Leg and arm size Bandages . 3 6 6 Triangular bandage, base 48 Triangular do. . 2 3 4 ins., sides 33 ins. each. Flannel bandage, 7 yards Flannel do. 1 1 2 long, 6 ins. wide Calico .3 yards 4 yards 6 yards Flannel .2 „ 3 „ 6 „ Needles, pine, thread. and tape . .1 paper 1 paper 1 paper .Splints, common. 1 set Iset Iset Printed directions for use . Enema syringe . 1 1 1 Pewter cup — 1 1 Teaspoon (pewter) . — 1 1 Bougies . . 1 set 1 set 1 set Esraaroh's tourniquet (plain, with hooks) . 1 1 1 Gum elastic catheter . Complete set. 36 in. Single Reversible . Trusses 1 2 3 Sponges 1 2 3 Plaster of Paris, for bandages . lib. lib. lib. Bed-pan — 1 1 Authorised Book of Directions for Medi- cine Chests (The Ship Captain's Medi- cal . Guide, latest edition) . 1 1 1 Oatmeal groats,crushed 4 lbs. 8 lbs. 16 lbs. Arrowroot . 2 „ 4 „ 8 „ Pearl barley • . 4 „ 8 16 „ Corn flour . 4 „ 8 16 „ Rice .... 4 „ 8 16 „ Or Sago 4 „ 8 16 „ Or Cerealine 4 „ 8 16 „ Sugar .... 14 „ 28 56 „ / Soup and bouilli . 6 „ 12 24 „ Boiled mutton . 6 „ 12 24 ., Essence of meat (J pint) 6 tins 12 tins 24 tins Preserve . . . .J Desiccated soup . Vegetables, dried or 4 lbs. 8 lbs. 16 lbs. compressed. 4 „ 8 >, 16 Potato (if not in scale ^ of provisions) . 14 „ 28 „ 56 „ Wine (Port) 3 bottls. 6 bottls. 12 bottls. Brandy 2 „ 4 „ 6 „ Stout .... 4 doz. 2 doz. 6 doz. pints. pints. pints. MEDICAL SCALES. 691 B.— MEDICAL SCALE FOE, PASSENGER SHIPS (§ 614). SCALE of MEDICINES, MEDICAL STORES, INSTRUMENTS, and MEDICAL COMFORTS, for SHIPS clearing under the Passengers Acts other than Steam Ships engaged in the North Atlantic Trade. (Revised, March, 1892.) JV.5 — There is a separate Scale for North Atlantic Steam Passengers Ships.(f) Tor every 100 passengers, where the length of the Passage, computed according to the Passengers Act, is under 100 days. Where the length of Passage is over 100 days, the quantities of Medicines and Medical comforts to be increased by one half. Quantities Directions for Druggists. Articles. 3er 100 Passengers. Pts. or lbs. oz. drs. The medicines to be pre- Acidum boricum .... 2 pared and plainly labelled * „ carbolicum liquefactum . 2 in Latin and English names „ citricum .... 2 according to the British „ gallicum .... 4 Pharmacopoeia, and the * „ hydrooyanicum dUutum . 2 official dose for an adult * „ nitro-hydrochloricum di- given in the Pharmacopoeia lutum .... 4 to be stated on the label. ' * „ sulphuricum dilutum 4 All bottles to be stop- *^ther 6 pered, and all medicines Alumeu .... 2 indicated thus * to be Ammonii carbonas 3 marked with a red poison *Argeutl nitras (in sticks) 2 label. Bismuthi carbonas 2 The weights and Borax .... 2 measures of the British Calcii hydras 4 Pharmacopoeia to be used. ' Camphor 3 *Chloroformum 6 Copaiba 4 Extractum cascarse sagradte liquidum 2 II Extractum cinchonse liquidum 2 u „ ergotas liquidum 2 " „ filicis liquidum 1 Ferri et ammonii citras 1 „ et quiuinse citras . 1 ■ Glycerinum 6 „ acidi tannici 2 *Hydrargyri subchloridum 2 Hydrargyrum cum cretA 4 • *Iodoformum 4 Lini farina 6 *Limmentum belladonnaB 8 (1 * „ camphorse compo- situm 6 u iodi .... 1 II opii .... 4 „ saponis 12 1) Liquor ammonii acetatis fortior . 4 11 • * „ arsenicalis .... 4 • * „ atropinse sulphatis 2 * „ epispasticus 1 (1 * •„ terri perohloridi fortior 4 * ,, hydrargyri perohloridi 6 II * ,; niorphinaa hydrochloratis . 1 II (/) Appendix No. 8 C.,post. 692 APPENDIX No. 8. Directions for Druggists. All bottles to be stop- pered, and all medicines indicated thus * to be marked with a red poison label. 11 Omit liquid extract of liquorice, and substitute aromatic spirit of am- monia, 1 oz. to 1 pint of the mixture. t All piUs to be coated with gelatine. Articles. *Liquor plumbi subacetatis Magnesii sulphas . II Mistura sennaB composita *01eum ciotonis lini morrhua3 oHvEe . ricini . terebinthinEe 'Opium (powdered) Paraffinum-moUe (vaseline) fPUula colocynthidis composita (5 grs.) „ hydrargyri (5 grs.) . ,, plumbi cum opio (4 grs.) „ rhei composita (5 grs.) „ saponis composita (5 grs, „ sciUse composita (5 grs. ) Potassii bioarbonas ,, bromidum „ chloras „ iodidum . „ nitras „ permanganas (The composition of the liquor potassii permanganatis to be expressed on the bottle. ) Pulvis cretse aromaticus ,, „ cum opio glycyrrhizse compositus ipecacuanhse „ compositus jalapas compositus Quininse sulphas . Salicinum Santoninum . Sodii bioarbonas . „ salicylas Spiritus setheris nitrosi . „ ammonias aromaticus „ chloroformi „ menthse-piperitse ,, rectificatus , 'Syrupus chloral . Tinctura arnicae „ belladonnse „ benzoini composita „ oamphorse composita „ cardamomi composita „ catechu ., digitalis . „ ferri perchloridi „ gentianse composita „ hyoscyami „ nucis vomicae . >> opii „ rhei „ scillse „ zingiberis fortior Ung^ientum cetacei I, gallse cum opio Quantities per 100 Fassengers. Pts. or lbs. oz. drs. 2 10 8 4 doz. 3 „ 1 ,. 4 „ 3 „ 3 „ 1 2 4 4 4 4 2 4 10 1 1 2 4 8 4 1 2 6 S 2 S 4 2 4 1 8 2 4 MEDICAL SCALES. 693 Quantities Directions for Druggists. Articles. per 100 Passengers. Pts. or lbs. oz. drs. Ung-uentum hydrargyri . 4 „ hydrargyri ammoniati 2 ,, hydrargyri nitratis di- lutum 1 „ sulphuris 10 All bottles to be stop- ,, zinci . *Vinum antimoniale 8 10 pered, and aU medicines ,j colchici 2 indicated thus * to be marked with a red poison label. „ ipeoacuanhse Zinci oxidum 4 4 „ sulphas 1 *Antipyrin 4 Hypodermic injection case, with syringe and tablets or discs of — Sulphate or hydrochlorate of morphine Q gr.) . 2 doz. Sulphate of atropine (yiirgr.) 1 doz. Hydrochlorate of cocaine (Jgr.) 2 do'5. t A powder containing tCisinfectants — not less than 20 per cent. ^Carbolic acid powder, or other of pure carbolic or cresylic disinfectant powder of ap- acid. proved quality 1 cwt. The powder to be §Commercial carbolic acid, or securely packed in tin other disinfectant of approved canisters containing not quality 2 galls. more than 4 lbs. in each tin. Sulphur for fumigation . 6 lbs. § A liquid containing not less than 80 per cent. of free carbolic or cresylic acid. + Samples of the disinfectants supplied wiU be occasionally taken for analysis to determine whether they fulfil the requirements of the Boani of Trade. 694 APPENDIX No. 8. MEDICAL STOEES. QuaaUiles Directions for Druggists. Articles. per 100 Passengers. Lint 12 oz. Strapping (Rubber plaster) . 3 yds. Tow lib. Sponges . 4 Bed-pan 1 6 yards long, 3 Inches wide Leg and arm bandages 2 doz. 6 1, 6 J, Flannel ditto 3 Base 48 ins., sides 33 ins. Triangular ditto 3 each. Calico for bandages 3 yds. Flannel . 3 „ Sublimate wood wool lib. Iodoform absorbent gauze 2 yds. ** Only the quantities **Oiled silk, or substitute preparec n^med of these articles to by Messrs. Christy & Co. . 1 „ Be provided irrespective of **Waterproof sheeting . 4 „ the number of passengers. Trusses (reversible 80 in. and 36 in. ) 2 **Safetypins .... 5 doz. Plaster of Paris for bandages lib. **Set of Cline's splints . 1 **MacIntyre's splint 1 illl Under 500 passengers nil Cardboard or perforated felt f jr 4 sq. ft. splints .... — ' Over 600 passengers **Minim measure . , . 2 6 sq. ft. **Ounce ditto 1 **3 ouijce ditto 2 **Stomach pump, with double action .... 1 +t Under 500 passengers 2. ttHigginson's enema syringes — Over ., „. 4. Glass or pewter syringes, 1 oz. 6 **Box of small scales and weights . 1 **Wedgwood mortar and pestle 1 **'Wedgwood funnels 2 **Spatulas ' 2 Bottles for medicine, 2 oz. . 1 doz. „ „ 8 oz. 2 „ tt Under 500 passengers tJFluted bottles for external appli 1 doz. cation, 2 oz Over 500 passengers JJFluted bottles for external appli 2 doz. cation, 10 oz. . Corks, assorted 6 doz. Gallipots .... 6 Packets of nested pill boxes . 1 Blank labels 6 doz. Poison labels . . . . 2 doz. **Dispensary paper (white demy). Iqr. Camel's hair pencil brushes . 3 **iEther inhaler . . . . 1 **Urinary test case (containing urinometer, spirit lamp, litmus paper, 12 test tubes, nitric acid and cuprio test for sugar). §§ Under 500 passengers §§ Vaccine lymph in tubes ** Authorised Book of Directions foi 2 doz. Over 500 passengers Medicine Chests ("The Shij 4 doz. Captain's Medical Guide" latest edition). **British Pharmacopoeia. MEDICAL SCALES. 695 INSTRUMENTS. ' 1 Artery forceps. 1 Hernia knife. 1 Dressing do. 1 „ director. 1 Finger knife. 2 Trocars and canulas. 1 Curved bistoury, sharp pointed. 1 Aneurism needle. 1 „ „ blunt pointed. 1 Set tooth instruments (7 forceps 2 Probes. in leather roU). "£- 1 Silver director. 1 Set tracheotomy instruments M 1 Caustic case. (3 double tubes and trachea o o 1 Scissors. dilator). 1 Spatula. 1 Set midwifery instruments (long l-H 2 Lancets. forceps). 1 Gum lancet. 1 Esmairch's tourniquet (plain with 12 Needles. hooks). 1 Tablet of silk with four sizes. 1 CEsophageal probang with bristles. 1 Fergusson's small saw. 1 Aspirator with 2 needles in case. 1 Amputating saw. 1 Skein chromicised catgut. 2 „ knives. 1 Reel silver wire. 1 Pair large dissecting forceps. 3 Silver catheters (Nos. 4 and 8 ; 1 Bone forceps. and No. 12 with prostatic curve). 2 Pairs Wells' pressure forceps; 2 Sets of Nos. 3, 5, 9, and 12 soft 1 Trephine. olive-headed catheters. 1 Elevator. 1 Clinical thermometer. 1 Trephine brush. 1 Stethoscope. 2 Scalpels. MEDICAL COMFORTS. Aiticles. Quantities for 100 Fasseng^ers. Arrowoot 14 lbs. Pearl barley .... 10 lbs. Semolina 10 lbs. Nursery biscuits or rusks 10 lbs. Oatmeal groats ... 10 lbs. Loaf sugar ! 28 lbs. Essence of beef, of approved quality 20 i-lb. tins. Condensed milk, of approved quality 30-lb. tins. Brandy 1 gallon. Stout . ... 5 dozen pints. Lime juice (for sailing ships only) . 1 gallon. 696 APPENDIX No. 8. C— MEDICAL SCALE FOB WORTH ATLANTIC STEAM SHIPS. SCALE OF MEDICINES, MEDICAL STORES, INSTRUMENTS, AND MEDICAL COMFORTS FOR NORTH ATLANTIC STEAM SHIPS only where the voyage, computed according to the Passengers Act, does not exceed 37 days. (Revised, March 1892.) N.B.—Then is a separate scale for longer voyages.{g)_ 1 2 3 4 Directions to Articles. For 100 For 250 For 500 For 750 Passen- gers and Draggists. Passen- Passen- Passen- gers. gers. gers. upwards. The medicines to Acidum borieum .... 1 oz. 2oz. 3 oz. 4oz. be prepared „ carbollcam liquefaotum . I " 2 „ 3 „ 4 .. plainly labelled in Latin and „ citricum .... 2 » 4 „ 6 „ 8 „ „ nitro-hydrochlorieum dilu- 2 .. 4 „ 6 „ ,8 „ English, names tum .... according to the „ sulphuricum dilutum 2 „ 4 „ 6 „ 8 „ British Pharma- *iEther 3 „ 6 >. 9 „ 12 „ copoeia, and the official dose for Ammonii carbonas .... 1 » 2„ 3 „ 4 „ *Argenti nitras (in sticks) 2drs. 2drs. 2drs. 4 drs. an adult given Bismuthi carbonas .... 1 oz. 2oz. Soz. 4 oz. in the Pharma- Calcii hydras 4 „ s „ 12 „ 16 „ copceia to be stated on the Camphor *Chloroformum .... 1 ,. .3 „ 2 „ 6 „ 3 „ 9 „ 4 „ 12 „ label. All Extractum cascarsc sagradse liqui- 1 „ 2„ 3 „ 4 „ bottles to be dum stoppered, and all medicines in- „ cinchonte liquidum 1 „ I" 3 „ 4 „ „ ergotsB liquidum . 2 „ I" 4 „ 4 „ dicated thus* Glycerinum 4 „ 6 „ ^ S' 12 „ to be marked *Hydrargyri subohloridum 2drs. 4drB. 6 drs. 8 drs. with a red poi- 2 „ 4 „ 6 „ S „ son label. The *Iodoformum . ioz. 4oz. loz. 1 oz. weights and measures of the Linifarini 7 lbs. 14 lbs. 28 lbs. 28 lbs. *Linimentum belladonnsB 6 oz. 9oz. 12 oz. 16 oz. British Pharma- * „ camphora! composi- 6,. 9 ., 12 „ 16 „ cop(£ia to be used. tum * „ iodi .... 1,. 2 „ 3 „ 4 „ * „ opii . 6.. 9 „ 12 „ 16 „ „ saponis 8 „ 12 „ 16 „ 20 „ Liquor ammonii acetatis fortior i ., e .. 8 „ 10 „ * „ arsenicalis .... 4.. 4„ 1 .. 1 .. * „ epispasticus . 1 » 1 >. 2 .. 2 „ * „ ferri perchloridi fortior i.. 4„ 1 „ 1 ., * „ hydrargyri perchloridi 4 „ 6„ 8 „ 12 „ * „ plumbi subacetatis 1 ,. 2„ 3 „ 4 „ Magnesii sulphas .... 2 lbs. 4 lbs. 8 lbs. 16 lbs. Mistura senna composita 2pt8. 4pts. 8pts. 16 pts. *01eum crotonis .... Idr. Idr. Idr. Idr. „ liiii ipt. 2pts. 3ptB. 4 pts. ,, olivfiB 4az. 6oz. Soz. 12 oz. „ ricini Ipt. Ipt. 2pts. 2 pts. „ terebinthinie 10 oz. 16 oz. 20 oz. 20 oz. *Opium (powdered) .... adrs. 4drs. 6 drs. Sdrs. Paraffinum raolle (vaseline) . 8oz. Soz. 16 oz. 16 oz. +A11 pills to be tPilula eolooynthidis composita 4doz. 6doz. 8 doz. 10 doz. coated with V . <^ «^:\. , gelatine. „ hydrargyri (S grs.) 3 „ 4 „ 6 „ 8 „ „ plumbi cum opio 14 grs.) . 3 .. 4 „ 6 „ 8 „ „ rhei composita (5 grs,)' 4 » 6 ,. 8 „ 12 „ „ saponis composita (5 grs.) . 3 „ 4 „ 6 „ 8 „ Fotassii bicarbonas .... 4oz. Soz. 12 oz. 16 oz. „ bromidum .... 4 „ 8 „ 12 „ 16 „ „ chloras .... 4 „ 8 „ 12 „ 16 „ „ iodidum .... 4 „ 8 „ 12 „ 16 „ „ nitras 2 „ 4 , 8 » 8 „ „ permanganas . 4 „ 8 „ 12 „ 16 .; (The composition of the liquor potassii permanganatis to be expressed on the bottle.) Pulvls cret£e aromaticus . 4 „ 6 „ 8 „ 12 „ * „ „ ,f cum opio . 2 „ 4 „ 8 „ 8 „ ,* glycyrrhizsB compositus 4 „ 6 „ 8 „ 12 „ „ IpecacuanhsB 2drs. 4drs. 6 drs. Sdrs. * „ ,, compOsit IS 4 „ 6 ,, 8 „ 12 ,. {g) Appendix No. 8 B, ante. MEDICAL SCALES. Medical Scales. 697 1 2 3 1 Directions to Druggists. Articles. For 100 Passen- gers. For 250 Passen- gers. Fori Pass ger „„ For 750 Bn- P''«»'="; gers and upwards. Quininffl sulphas I oz. 2 oz. 3o £. luz. Salicinum 1 ,. 2 ,. 3 , . t „ Sodii bicarbonas .... 4 » 8 12 ; 16 ,, „ salicyla3 * „ 6 8 , 10 „ Spiritus setheris nitrosi . * „ 6 8 , 12 „ „ amraonisB aromaticus 6 .. 10 15 , 20 ,, „ chloroformi 3 „ 4, « . 8 „ „ nienthse-piperita3 1 ., 1 2 , 2 „ „ rectifloatus .... 8 ., 8 10 , 12 „ *Xo be marked *Syrupus chloral .... 5 „ 10 15 , 20 „ with a red poi- Xiuctara aroicce 1 „ 2 3 , . l' >■ son label. See ,, beuzoini composita . 2 =, 4 6 . 8 „ directions in „ eamphorsB composita 8 „ 12 16 , 20 ,, ooll,page[696]. „ cardamomi composita 8 „ 12 16 , 20 „ „ catechu .... * „ 6 8 , 12 „ * „ digitalis .... 1 .. 2 3 , i „ * „ ferri perohloridi 2 „ 4 6 , , H ,, „ hyosoyami 2 „ 4 6 , M ,, * „ opii ... 2 „ 4, a , . ^ ,. „ rhei * „ 6 8 , 12 „ „ scillffi .... 2 ,. 4, 6 , J M J, senegae .... * » 8 12 , 16 „ „ zingiberis fortior 1 .. 1 2 , 2 „ Unguentum cetacei .... 8 „ 12 16 , 20 „ „ gallae cum opio , 2 „ .3 i , 6 „ „ sulphuris 10 „ 16 20 , 20 „ „ zinci .... 8 „ 12 16 , 20 „ *Vinum antimoniale 1 „ I 2 , 2 „ ,, colchici .... 2 „ 2 4 , -1 .. „ ipecacuanha 4 „ 6 8 , 12 „ Zinci oxidum 1 „ 2 3 , -' ., „ sulphas 1 ., i „ 2 3 , 1 i „ *Antipyrin .!_ 1 „ Hypodermic injection case, with syringe and tablets or discs of— Sulphate or hydroehlorate of 2doz. 3 doz. 4d OZ. 6 doz. morphine (4 gr.). Sulphate of atropine d^ gr.). 1 „ 1 ,. 2 , 3 Hydroehlorate of couame (^ gr.)- t Disinfectants— 2 „ -i „ 6 , ' 8 ", tA powder con- taining not less JCarbolic acid powder, or other 1 ewt. 2 cwt. So Bt. 4 cwt. than 20 per disinfectant powder of approved cent, of pure quality. carbolic or §Commercial carbolic acid, or Igal. 2 gals. 3g als. 1 gals. eresylie acid. other disinfectant of approved The powder to be quaUty. securely packed Sulphur for famigation . , 5 lbs. 10 lbs. 2011 )s. 30 lbs. in tin canisters containing not more than 4 lbs. in each tin. §A liqnid'contain- 80 per cent, of free carbolic or eresylie acid. f Simples of the disinfectants supplied will be oecasionally taken for analysis to determine whether they fulfil the requirements of the Board of Trade. 698 APPENDIX No. 8. Medical Stoees. Directions to Druggists. 6yd8.long43m.wido 6 „ 6 „ Base 48 in., sides 33 in. each. Articles. Lint Strapping (Rubber plaster) SpoDges . . . . -. Bed-pau Leg and arm bandages . Flannel ditto .... Triangular ditto Calico for bandages- Sublimate wood wool . . Iodoform absorbent ^auze Oiled silk, or substitute prepared by Messrs. Christy & Co. Safety pins Plaster of Faris for bandages Set of Cline's splints Maclntyre's splint .... Cardboard, guttap-percba, or per- forated felt for splints Minim measure . . , Canoe „ . . . • 3 ounce „ . . . * Stomach pump with double action Higginson's enema syringe . Glass or pewter syringes, 1 oz. Rox of small scales and weights Wedgwood mortar and pestle ft funnels . Spatulas Bottles, for medicines, 2 oz. . „ „ 80Z. , Fluted bottles for external applica- tions, 2 OZ. „ „ 10 OZ. . Corks, assorted . . . , Chip ointment boxes Packets of nested pill boxes . Blaak labels Poison labels Dispensary paper, white demy Camel's hair pencil brushes , ^ther inhaler ..... Urinary test case, containing spirit lamp, 6 test tubes, nitric acid, and cupric test for sugar Vaccine lymph in tubes . Authorized Book of Directions for Medicine Chests (" The Ship Captain's Medical Guide," late&t edition). Biitish Pharmacopceia. 1 2 3 For 100 For 250 For 500 Passen- Fassen- Passen- gers. gers. gers. 6az. 10 oz. 15 oz. 2 yds. 3 yds. 4 yds. 6 6 12 2 2 4 Idoz. 2 doz. 3 doz. 2 3 4 2 2 2 3 yds. 4 yds. 5 yds. 3 lbs. lib. 2 lbs. 2 yds. 2 yds. 5 yds. lyd. lyd. lyd. 3doz. 3 doz. 6 doz. lib. 2 lbs. 3 lbs. 1 1 1 1 1 1 2 sq. ft. 2 BQ. ft. 4 sq. ft. 2 2 2 • 1 1 1 1 1 1 1 1 1 1 1 2 6 9 12 1 1 1 1 1 1 2 2 2 ■ 2 2 2 1 doz. 2 doz. 3 doz. 2 ,. 4 ,. e „ 1 ,. 1 „ 2 „ 1 ., 1 ,. 2 „ 6 „ 10 „ 15 „ 1 ,. 1 „ 2 „ 1 2 S 6 doz. ID doz. 15 doz. 2 „ 4 „ 6 „ iv- iqr. Iqr. 3 4 6 1 1 1 1 1 1 Idoz. 2 doz. 3 doz. For 760 Passen- gers and upwards. 20 oz. 6 yds. 12 4 4 doz. 5 6 yds. 4 lbs. 5 yds. lyd. 6 doz. 5 lbs. 1 1 4 sq. ft. 2 1 1 1 2 15 1 1 2' 20 „ 2 „ 4 20 doz. S „ iqr. 6 1 1 4 doz. MEDICAL SCALES. Instruments. 699 '' 1 Artery forceps. 1 Hernia knife. 1 Dressing „ 1 „ director. 1 Finger knife. 2 Trocars and canulas. n\ 1 Curved bistoury sharp pointed. 1 Aneurism needle. Cj 1 „ „ blunt ditto. 1 Set of tooth instruments (7 for- O 2 Probes. ceps) in leather roll. CD 1 Silver director. 1 Set of tracheotomy instruments O 1 Caustic case. (3 double tubes and trachea o ft 1 Scissors. dilator). cl 1 Spatula. 1 Set midwifery instruments (long t-i 2 T;ancets. forceps). 1 Gum lancet. 1 Esmarch's tourniquet (plain with 12 Needles. hooks). Tablet of silk with 4 sizes. 1 (Esophageal probang with bristles. 1 Fergusson's small saw. 1 Aspirator with two needles in 1 Amputating saw. case. 2 „ knives. 1 Skein chromicised catgut. 1 Pair large dissecting forceps. 1 Reel of silver wire. 1 Bone forceps. 3 Silver catheters (Nos. 4 and 8 ; 2 Pairs Wells' pressure forceps. and No. 12 with prostatic curve). 1 Trephine. 4 Soft olive-headed catheters (Nos. 1 Elevator. 3, 5, 9, and 12). 1 Trephine brush. 1 Clinical thermometer. 2 Scalpels. 1 Stethoscope. Medical Comfoets. Articles. Quantities per 100 Passengers. Arrowroot 14 lbs. Pearl barley 7 „ Oatmeal groats 7 „ Semolina ...... 7 „ Nursery biscuits or rusk 5 „ Loaf sugar 28 „ Condensed milk of approved quality 15-lb. tins. Essence of beef of approved quality 15 J-lb. tins. Brandy 1 gallon. Stout 3 doz. pt. bottles. 700 APPENDIX Nos. 9, 9A. Size of bottles. No. 9 (see § 525). Instructions Respecting Lime and Lemon Juice, 14. " The juice, when inspected, bottled, fortified, and labelled, in accord- ance with the Regulations, will be allowed to be shipped, subject to the following Regulations in regard to the maximum size of bottle, viz. : — Two-gallon glazed earthen-\ /60 persons or upwards. As to keeping and using. ware bottles One-gallon glazed earthen- ware bottles Half-gallon glass bottles Quart glass bottles To be allowed only for ves- sels carrying a crew of . . 40 persons or upwards. 21 persons or upwards. V20 persons or under. But quart bottles may be shipped in all cases if preferred." 15. The juice is best kept in a cool place. The bottles containing it should not be unnecessarily exposed to the heat and light of the sun. The Medical Officers appointed by the Board of Trade to inspect and test lime and lemon juice recommend that when the juice is served out it should be mixed in the proportion of 1 fluid ounce of lime juice, and 1 ounce of sugar, to not less than half a pint and not more than 1 pint of water, and the mixture should be served out in sufficient quantity to each mess or watch at the dinner hour, so that it may be obtained by the crew in time to drink during their meal. The Medical Officers also recommend that lime and lemon juice should be regarded, not as a medicine, but as a necessary article of ordinary diet. Application of rules. Prescribed officer. What stores to be inspected. Where new stores to be in All surplus stores to be inspected. No. 9a (see § 524). RULES for the Inspection of Provisions and Water, under "The Merchant Shipping Act, 1892."(h) 1. These rules apply to all ships trading or going from any port of the United Kingdom through the Suez Canal or round the Cape of Good Hope or Cape Horn. 2. The officer to conduct an inspection of ships's stores under the Merchant Shipping Act, 1892, shall be any officer appointed by the Board of Trade for this purpose. 3. All the diflferent varieties of stores provided or carried in the ship which are referred to in section 3 of the above-mentioned Act, as well as the supply of water, are subject to inspection. 4. New stores shall be inspected before shipment whenever practicable, or alongside the ship in which they are to be used ; but, if necessary, they may be inspected on board the ship, or they may in certain cases be inspected in some place provided or approved by the Board of Trade for that purpose, as may be decided by the inspector acting imder the instructions of the Board of Trade. 5. AU surplus stores left over from a previous voyage are to be inspected, and the contents of all the casks of wet provisions amongst such surplus stores are to be turned out. Such stores are to be inspected on board or {h) 55 & 56 Vict. c. 37, § 524 supra. RULES FOR INSPECTION OF PROVISIONS AND WATER. alongside the ship, or in such other place as may be provided or approved by the Board of Trade for that purpose, as may be decided by the inspector acting under the instructions of the Board of Trade. 6. Stores carried in the ship in which they are to be used from one port to another port in the United Kingdom, or sent from one port to a ship at another port, which have passed the Board of Trade inspector at the first port, as described in a form of advice (P.W. 8) signed by the inspector who examined them, need not be re-examined ; provided always that the official wire and seal remain intact, and that the inspector is satisfied that the packages have not been tampered with. 7. All notices for inspection of stores to take place at the port where the ship is lying must be made to the inspector of that port, or in such other manner as may from time to time be determined by the Board of Trade, by the owner or agent of the ship on the appropriate form (P.W. 1), which must be filled in and delivered to the inspector at least 48 hours prior to the time at which it is desired that the stores should be inspected. 8. Notice for inspection of stores intended to be used on any voyage mentioned in the Act, but which it is proposed to carry to some other port in the United iGngdom from which the vessel is to take her final departure, or stores intended to be sent to a ship at some other port in the United Kingdom, may be made by the firm supplying such stores direct to the inspector at the port where such stores may be. The notice must be given at least 48 hours previously on the form (P.W. 2) provided for the purpose. 9. Prior to the inspection, a complete list of all the stores must be supplied to the inspectors. 10. Stores will be inspected at any time during daylight after 10 a.m. up to 5 P.M. If it is found on the arrival of the inspector that the stores are not ready at the time named in the official notice, the inspection must be deferred. 11. The shipowner, master, or officers of a ship shall give the inspector every facility for inspecting the stores and water on board of such ship, and shall, if required, have all the stores contained in casks brought on deck for inspection. 12. Beef shall consist only of briskets, flanks, and plates of fine heavy grade, freshly cured, free from taint, and thoroughly sweet, packed in good sound casks, re-capped, and re-pickled with pickle of full strength, all to the satisfaction of the inspector. 13. Pork shall be of assorted pieces in fair proportion, of fine grade, freshly cured, free from taint, and thoroughly sweet, packed in good sound casks, re-capped, and re-pickled with pickle of full strength, all to the satis- faction of the inspector. 14. Preserved meats shall be of fine grade, but may be of any variety, and may be mixed with a fair proportion of vegetables, the whole to be properly preserved and packed in good strong tins, the tins being painted or otherwise protected from rust, all to the satisfaction of the inspector, who may open one or more of the tins of each kind should he deem it necessary. 15. Vegetables shall be fresh and sound, properly preserved, and in good strong tins, the tins being painted or otherwise protected from rust, all to the satisfaction of the inspector, who may open one or more of the tins of each kind should he deem it necessary. 16. Flour shall be of fine grade, milled from fully matured good sound wheat, containing a proper proportion of nutritious matter to the satisfaction of the inspector. If shipped in barrels, the barrels must be new, properly made from suitable 701 Passed stores sent to another port. Notice for inspection when ship is at the port. Notice for inspection of stores sent coast wite. List of stores to he supplied. Time of iuspeotion. Master and oiEcers to give every facility for inspection. Conditions as to beef. Conditions as to pork. Conditions as to preserved meats and vegetables. Vegetables in tins. Flour to be milled from fully matured sound wheat. 702 Requirements if shipped in barrels. Biscuits to be made of fully matured wheat flour. Stores sent on board. Water tanks to be cleansed before fresh water sup- plied. Stores defi- cient in quality to be landed. Certificate of inspection. APPENDIX No. 10. seasoned wood, thoroughly tight, and lined with suitable paper. The ends of the barrels to be coated with hot lime. Where tanks are used for the storage of flour on board, they must be thoroughly cleansed, limed with fresh lime, and dried before being re-filled, all to the satisfaction of the in- spector. 17. Biscuits to be thoroughly baked and dried, and made of fully matured wheat flour, containing a proper proportion of nutritious matter. Where tanks are used for the storage of biscuits on board, they must be thoroughly cleansed, limed with fresh lime, and dried before being re-filled, all to the satisfaction of the inspector. 18. An inspector may at any time proceed on board a ship to ascertain whether the stores or water have been duly inspected, and if he finds any stores or water on board the ship which have not been so inspected, he shall insist on inspecting the same, and if they are of a quality unfit for the use of the crew of such ship, he shall detain the ship under the provisions of the Act until such defects are remedied to his satisfaction. 19. The water left in the ship's tanks from the former voyage must all be completely emptied, and the tanks must be thoroughly cleansed and re-filled with good fresh water. 20. All stores found by the inspector to be deficient in quality shall be landed. 21. The inspector at the final port of departure in the United Kingdom, if after examination of the stores and water he is satisfied that he has seen all the stores intended for the particular voyage, and that they are of a quality fit for the use of the crew, or in the case of stores previously inspected at some other port, in accordance with Eule 6, if satisfied that the requirements of that rule have been complied with, shall grant a certificate in the prescribed form (P.W. 4), but this certificate shall not be granted except at the final port of departure of the United Kingdom. No. 10 (see § 529). Short title. Commence- ment. Interpretation. Courts of survey, their districts and officers. Publication of rules. GENERAL EULES for Courts of Survey in the United Kingdom, 1876. Recital of the " Merchant Shipping Act," 1876.(i) 1. These Rules may be cited as " The Rules of the Court of Survey, 1876." 2. These Rules shall come into operation on the 1st day of October, 1876. 3. In the construction of these Rules, words importing the singular number shall include the plural, and words importing the plural number shall include the singular number. 4. The Courts of Survey, with the districts assigned to each, and the persons authorised to act as Judges and Registrars thereof, and which have been approved by one of her Majesty's Principal Secretaries of State, as set forth in Appendix A, shall be the Courts of Survey, and the Districts, Judges, and Registrars of such Courts, for the purposes of the Merchant Shipping Acts 1854 to 1876. 5. These Rules shall be published by her Majesty's Stationery Office through its agents, and a copy shall be kept at the office of the Registrar of every Court of Survey and at every Custom House and Mercantile Marine Office in the United Kingdom, and may be perused thereat by the master or owner of any ship which may be provisionally detained under The Merchant Shipping Act, 1876, and by any one deputed by him. 6. A notice shall be put up in some conspicuous place in every Custom (i) 39 & 40 Vict. c. 80, § 629 supra. KULES FOR COURTS OF SURVEY. House and Mercantile Marine Office in the United Kingdom, containing the name of the Eegistrar of the Court of Survey for that district, and the name of the street or place in which such Registrar's office is situated. 7. Where the owner or master of a ship, hereinafter called the appellant, desires to appeal to a Court of Survey, he shall file at the office of the Registrar of the Court of Survey for the London district, or for the district in which the ship is, hereinafter called the Court, a notice in the form No. 1 in Appendix B. 8. Immediately upon the filing of the notice of appeal, the Registrar shall communicate the fact, by telegraph and letter, to the Board of Trade, who shall thereupon inform him whether they intend to have the appeal heard by a Wreck Commissioner, and, if so, on what day. 9. If the Board of Trade inform him that they do not intend to have the appeal heard by a Wreck Commissioner, the Registrar shall forthwith ascer- tain which of the other Judges of the Court will hear the appeal, and on what day. 10. On ascertaining when the hearing will take place, the Registrar shall, if there is a list of Assessors for the Court, select therefrom the person who is, in his opinion, the best qualified to act as Assessor on the appeal ; or if there is no such list, he will take the instructions of the Judge as to the Assessor to be appointed. , 11. The Board of Trade shall appoint the other Assessor, and shall forthwith send the name and address of such Assessor to the Registrar. 12. If the ship is a foreign ship, the Registrar shall give notice to the Consular Officer for the State to which the ship belongs, residing at or nearest to the place where the ship is detained, that, at the request of the appellant, some competent person will be selected by the Consular Officer to act as Assessor. 13. As soon as the Registrar has ascertained by whom the appeal vrill be heard, he shall summon the Court in the form No. 2 in Appendix B. He shall at the same time send notice thereof to the Board of Trade and to the Appellant, in the form No. 3 in Appendix B. 14. If the survey has been made on the complaint of any person, herein- after called the complainant, the Board of Trade shall send to him notice of the time and place appointed for the hearing. 15. Previous to the hearing the Board of Trade shall forward to the Registrar, to be produced as evidence at the hearing, an official copy of the report of the surveyor. 16. The Court shall, if practicable, be summoned to hear the appeal on a day not later than fourteen days from the filing of the notice of appeal. 17. The Board of Trade and the appellant shall be parties to the pro- ceedings. 18. Any other person, on entering an appearance, may, by permission of the Judge, be made a party to the proceedings. 19. Either party may give to the other a notice in writing to produce such documents (saving all just exceptions) as relate to any matters in diflference, and which are in the possession or control of such other party ; and if such notice be not complied with, secondary evidence of the contents of the said documents may be given by or on behalf of the party who gave such notice. 20. Either party may give to the other party a notice in writing to admit any documents (saving all just exceptions) ; and in case of neglect or refusal to admit after such notice, the party so neglecting or refusing shall be liable for all the costs of proving such documents, whatever the result may be, unless the Court is of opinion that the refusal to admit was reasonable ; and no 703 Publication of the name of registrar and of his oSice. Notice of appeal. Summoning of court. Parties. Notice to produce. Notice to admit. 704 APPENDIX No. 10. WitnesBes. Affidavits. Proceedings in court. CoBts and Computation of time. costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is, in the opinion of the officer by whom the costs are taxed, a saving of expense. 21. The Wreck Commissioner shall have power to issue subpcenas as nearly as may be in the form used in the High Court of Justice, and such subpcenas shall have effect, and may be served in any part of the United Bjngdom. 22. Affidavits may, by permission of the Judge, be used at the hearing when sworn to in any of the following ways ; viz.. In the United Kingdom, before any Judge or Registrar of a Court of Survey, or before a person authorised to administer oaths in the Supreme Court of Judicature, or before a Commissioner empowered to take or receive affidavits, or before a Justice of the Peace for the county or place where it is sworn or made. In any place in the British dominions out of the United Kingdom, before any Court, Judge, or Justice of the Peace, or any person authorised to administer oaths there in any Court. In any place out of the British dominions, before a British Minister, Consul, Vice-Consul, or Notary Public, or before a Judge or Magistrate, his signature being authenticated by the official seal of the Court to which such Judge or Magistrate is attached. 23. At the hearing, the Board of Trade shall first call their witnesses, and having done so shall state in writing, what order they require the Court to make. 24. The complainant, if he has appeared, shall then call his witnesses, and having done so shall state in writing, what order he requires the Court to make. 25. The appellant shall then call his witnesses, and having done so shall state in writing, what order he requires the Court to make. 26. After the appellant has examined all his witnesses, the Board of Trade and the complainant may, on cause shown to the satisfaction of the Judge, call further witnesses in reply. 27. After all the witnesses have been examined, the Court shall first hear the appellant, then the complainant (if any), and afterwards the Board of Trade. 28. The Judge may adjourn the Court from time to time and from place to place, as may be most convenient. 29. The Judge may deliver his decision of the Court either viva voce or in writing ; and, if in writing, it may be sent or delivered to the respective parties, and it shall not be necessary to hold a Court merely for the purpose of giving the decision. 30. As soon as possible after the Court has come to its decision, the Judge shall issue an order for the release or detention (either finally or on condition) of the vessel in the Form No. 4 in Appendix B. 31. The Judge shall report to the Board of Trade in the Form No. 5 in Appendix B. 32. The Court may, it the parties consent thereto in writing, decide, whether costs or costs and damages are due, and to and from whom, and may assess the amount thereof ; or the parties may, by consent in writing, refer the question to the Wreck Commissioner. 33. The order for the payment of costs, or of costs and damages, shall be in the Form No. 6 in Appendix B. 34. In computing the number of days within which any act is to be done, the same shall be reckoned exclusive of the first day and inclusive of the last day, unless the last day shall happen to fall on a Sunday, Christmas Day, or EULES FOR COURTS OF SURVEY. 705 Good Friday, or on a day appointed for a public fast or thanksgiving, in which case the time shall be reckoned exclusive of that day also. 35. The days between Thursday next before and the Wednesday next after Easter Day and Christmas Day, and the three following days, shall not be reckoned or included in the computation. 36. Any notice, summons, or other document issuing out of the Court may Service of be served by post. notices, &c. 37. The service of any notice, summons, or other document may be proved by the oath or aflSdavit of the person by whom it was served. 38. The Fees, a table whereof is in Appendix C, shall be demanded and Table of fees. taken in any proceedings before a Court of Survey. Appendix A. Lists of the Cotjkts of Survey, with the Districts assigned to each, and the Persons authorised to act as Judges and Registrars thereof, approved by one of Her Majestj^s Principal Secretaries of State, In the following Lists, Column No. 1 contains the names of all the Courts of Survey in the United Kingdom. Districts. The district of the Court of Survey for London shall include the City of London, and the districts of all the Metropolitan County Courts, the districts of the County Court of Kent holden at Gravesend, Dartford, Greenwich, and Woolwich, the districts of the County Court of Essex holden at Brentwood and Romford, and the district of the County Court of Surrey holden at Wandsworth. The district of any other Court of Survey in England shall be the district of the County Court of the place, at which the Court of Survey is held. The district of a Court of Survey in Scotland and in Ireland shall be the district of the Port of Customs of the place, at which the Court is held. The Courts shaU be held at the places, whose names they bear, or at any place within their respective districts, and may, by permission of the Judge, be adjourned to any place out of such districts. Judges. The Wreck Commissioner shall be a Judge of every Court of Survey in the United Kingdom. The persons, whose official titles are set out in column No. 2,(fc) shall be the other Judges of the Courts of Survey at the places opposite to which their names occur. Registrars. The Registrar of the Court of Survey for London shall be Mr. William Edward Stanley Thomson, and his office shall be at Somerset House, Strand, in the county of Middlesex. The Registrar of any other Court of Survey in England shall be the Regis- trar of the County Court of the place, at which the Court of Survey is held, and his office shall be the office of the Registrar of the said County Court. (it) It is not thought necessary to print column 2. It includes, in the case of Eng- land, the County Court judges, and the recorders and stipendiary magistrates (if anyl ; in the case of Scotland, the sheriffs and sheriff substitutes ; and in that of Ireland, the resident magistrates, within whose local jurisdiction the courts are held. 2 Y 706 APPENDIX No. 10. List No. 1. Courts of sur- vey in Eng- land. List No. 2 Courts of survey in Scotland. Lists No. Courts of survey in Ireland. 3. The Eegistrar of a Court of Survey in Scotland shall be the Sheriff Clerk of the county, in which the Court is held, and his office shall be the office of the said Sheriff Clerk. The Registrar of a Court of Survey in Irkand shall be the Clerk of the Peace, or Eegistrar or other person discharging the duties of E«gistrar of the Court of the Chairman of the county, in which the Court is held, and his office shall be the office of the Clerk of the Peace, Eegistrar, or other person aforesaid, Berwick, Belford, Alnwick, Morpeth : North Shields, Newcastle, Gateshead, South Shields, Sunderland, Seaham Harbour : Hartlepool, Stockton : Stokesley, Whitby, Scarborough, Bridlington, Beverley, Hedon, Hull : Goole : Barton-on-Humber, Great Grimsby, Louth, Spilsby, Boston : Spalding, Holbeach, Wisbeach : King's Lynn, Little Walsingham, Holt, North Walsham : Yarmouth, Lowestoft : Halesworth, Framlingham, Woodbridge : Ipswich, Harwich : Colchester, Maldon, Eochford : London : Rochester, Sheerness, Sittingboume, Paversham : Canterbury, Margate, Eamsgate, Sandwich, Deal, Dover, Folkestone, Hythe, Romney : Eye, Hastings : Lewes, Brighton, Worthing : Arundel, Chichester, Portsmouth : Southampton, Newport, Isle of Wight, Christchurch, Poole, Wareham : Weymouth, Brid- port : Axminster, Honiton, Exeter, Newton Abbott : Totnes, Kingsbridge : East Stonehouse, Liskeard : Saint Austell, Truro, Falmouth, Helston, Penzance, Eedruth, Bodmin, Camelford, Holsworthy : Bideford, Barnstaple, Williton : Bridgewater, Weston-super-Mare, Wells, Bristol : Thornbury, Dursley : Gloucester, Newnham, Clepstow : Newport (Monmouth), Cardiff, Bridgend, Neath, Swansea : Llanelly, Carmarthen, Narbeth, Pembroke, Haverfordwest, Cardigan, Aberayron : Aberystwith, Machynlleth, DolgeUy, Portmadoc, Pwllheli : Carnarvon, Llangefni, Bangor, Conway, St. Asaph, Holywell, Chester : Euncom, Birkenhead, Liverpool : Ormskirk : Preston, Kirkham, Paulton-le-Fylde, Lancaster : Ulverston, Whitehaven, Cocker- mouth, Wigton, Carlisle. Leith, Granton, Borrowstoness, Grangemouth, Alloa, Kirkcaldy, Dundee, Arbroath, Montrose, Aberdeen, Peterhead, Banff, Inverness, Wick, Campbel- town, Glasgow, Greenock, Ardrossan, Ayr, Stranraer, Wigtown, Dumfries. Dublin, Drogheda, Dundalk, Newry, Belfast, Coleraine, Londondery, Sligo, Ballina, Westport, Galway, Limerick, Tralee, Skibbereen, Cork, Youghal, Waterford, New Boss, Wexford. The following forms shall be employed, as far as possible, with such altera- tions as circumstances may require, but no deviation from the prescribed forms shall invalidate the proceedings, unless the Judge shall be of opinion that the deviation was material. No. 1. Notice of Appeal. The Merchant Shipping Acts, 1854 to 1876. In the matter of the ship Marian. To the Eegistrar of the Court of Survey for Take notice that I [name and address] the master [or managing owner or owner of shares] of the ship of the port of do appeal (1) from the report of L. M., the Surveyor appointed by the Board of Trade to survey the said ship. or (2) from a declaration given by a shipwright surveyor or engineer, {or from the refusal of a shipwright surveyor or engineer to give a declaration,) under the provisions of section 309 of the Merchant Shipping Act, 1854, RULES FOR COURTS OF SURVEY. 707 or (3) from the refusal of an emigration officer {or as the case inay be) to give a certificate of clearance under sections 11 and 50 of the Passengers Act, 1855. or (4) from the refusal of appointed by the Board of Trade under the provisions of section 30 of the Merchant Shipping Act Amendment Act, 1862, to give a certificate that the said ship is properly provided with lights and with the means of making fog signals. The address at which all notices and documents may be served by post or otherwise on me is Dated this day of {To he signed hy the appellant. No. 2. Summons to Court. The Merchant Shipping Acts, 1854 to 1876. The Court of Survey for In the matter of an Appeal by from the report of L. M., the Surveyor appointed by the Board to survey The Marian [_or as the case may he]. In pursuance of the Merchant Shipping Act, 1876, 1 hereby summon you to attend as Judge \_or Assessor] on this appeal at on the day of at the hour of in the noon. Dated this day of 18 Registrar. I will attend as summoned. Signature of person sum/moned. No. 3. Notice of Sitting of Court of Survey. The Merchant Shipping Acts, 1854 to 1876. The Court of Survey for In the matter of an Appeal by from the report of L.M., the surveyor appointed by the Board of Trade to survey TJie Marian [or as the case m,ay be]. To A.B., the master [or managing owner, or owner of shares] of the ship the appellant [or the Board of Trade]. Take notice that the Court of Survey will meet at on the day of 18 , at o'clock in the noon to hear the appeal in the above matter. Dated this day of 18 . Registrar, No. 4. Order of Court for Release or Detention of Ship. The Merchant Shipping Acts, 1854 to 1876. The Court of Survey for In the matter of an Appeal by from the Report of L.M., the Surveyor appointed by the Board of Trade to survey The Marian [or as the case may he]. 708 APPENDIX No. 10. 1 do, with the concurrence of , order the said ship to be released or detained [finally or conditionally upon ]. Given under my hand this day of 18 .Judge. We [or I] concur in the above report. Assessor. Assessor. No. 5. Report of Judge of Gourt of Survey, The Merchant Shipping Acts, 1854 to 1876. The Court of Survey for In the matter of an Appeal by from the Report of L.M., the Surveyor appointed by the Board of Trade to survey The Marian [or as the case vaay 6e]. I do report that, having heard this appeal, I did, with the concurrence of order the said ship to be released or detained [finally or conditionally upon ] for the reasons set forth in the annexed statement. I am also of opinion that the costs of this appeal should be paid by A.B. to the Sohcitor of the Board of Trade [or by the Solicitor to the Board of Trade to A.B. ; or that all parties shall pay their own costs]. Dated this day of 18 . ^Judge. We [or I] concur in the above report. Assessor. Assessor. No. 6. Order for Payment of Gosts, or of Costs and Damages. The Merchant Shipping Acts, 1854 to 1876. The Court of Survey for In the matter of an Appeal by from [The parties to this appeal having, by agreement in writing, consented to ' refer the question whether any costs or costs and damages are due, and to and from whom, to me or us, with liberty to assess the amount thereof], I order (1) That the Board of Trade do pay to the appellant the sum of for the costs or the costs and damages] incurred by reason of such detention and survey. or (2) that the appellant do pay to the Solicitor of the Board of Trade the sum of for the costs incurred by reason of such detention and survey of the said ship. or (3) that each party pay his own costs. Given under my hand this day of 18 Judge. We [or I] concur in the above order. Assessor Assessor TRINITY HOUSE PILOTS. 709 Appendix 0. £ s. d. On filing notice of appeal, for every 50 tons of the gross registered tonnage of the ship 10 On filing every affidavit 2 6 On entering appearance 10 On every subpoena ..026 On every statement of the order required to be made by the Court 10 On the production and swearing of every witness . . . 2 6 On every consent by the parties to refer the question of costs, or of costs and damages, to the Court or Judge, to be paid by each party 10 On every hearing, for each day, to be paid by each party, I from 10 the amount thereof to, be at the discretion of the Judge j to 5 On every order whether for the release or detention of the ship, or for payment of costs, or costs and damages, to be paid by the party taking out the order .... .100 On every office copy of the Judge's judgment or report, of the shorthand writer's notes of the evidence, or of any of the proceedings in the appeal, per folio of 72 words . . 6 No. 11 (see§ 551). BYE-LAWS AND REGULATIONS RELATING TO PILOTS OF THE CORPORATION OP TRINITY HOUSE OF DEPTFORD STROND.(Z) A.— BYE-LAWS, RULES, ORDERS, REGULATIONS, & ORDINANCES, Made and framed hy the Cobporation of Trinity Housb of Deptford Strond, as well for insuring the good conduct and constant attend- ance of pilots licensed by the said Corporation upon their duty, as for enforcing the general purposes of an Act passed in the sixth year of the reign of King George the Fourth, intituled, " An Act for the Amend- w,ent of the Law respecting Pilots and Pilotage, and also for the better Preservation of Floating Lights, Buoys, and Beacons ; " the same hye- laws, rules, orders, regulations and ordinances having been examined, sanctioned and approved in that behalf by the Right Honourable Sir Oharles Abbott, Knight, Lord Chief Justice of His Majesty's Court of King's Bench, pursuant to the directions of the said Act. Imprimis : It is ordained, that from and after the promulgation of these present bye-laws, rules, orders, regulations, and ordinances, all and every the bye-laws, rules, orders, regulations, and ordinances, heretofore made or framed by the said corporation, for the government of the said pilots, or for ensuring the good conduct and constant attendance of the same upon their (I) The Trinity House, in compliance with the request of Messrs. Stevens & Hajnes, most kindly furnished copies of the following bye-laws, rules, regulations, &o., as those which are now in force in their districts. 710 APPENDIX No. 11. duty, or for enforcing the general purposes of an Act passed in the forty- eighth year of the late King's reign, intituled,'" An Act for the better regu- lation of Pilots and of the Pilotage of Ships and Vessels navigating the British Seas," shall be and the same are from henceforth annulled, and in Heu and stead thereof the said corporation do hereby make and frame the bye- laws, rules, orders, regulations and ordinances following ; that is to say : II. It is ordained, that every pilot who shall be ordered to proceed on his Majesty's service by any order signed by the deputy master or secretary of the said corporation, or by the oflScer for the time being of the said corpo- ration at Yarmouth, or elsewhere, duly authorised to act in matters of pilotage, or who shall be so ordered, in writing or otherwise, by any officer in his Majesty's service, shall immediately proceed thereon, and every pilot who shall fail so to do, or who shall evade the receipt of any such order, or who shall quit or decline such service, shall, for the first offence, forfeit £5, and for the second and every subsequent offence £10 each. III. It is ordained, that every pilot engaged in the charge of any ship employed by government in the transport service, shall observe particularly if any unnecessary delay takes place on the part of the master in proceeding towards his destination, and if any delay does take place, such pUot shall on his return report the same to the secretary of the said corporation, and, upon going on board, such pilot shall give notice to the master that he has orders so to do. IV. It is ordained, that no pilot having the charge of a merchant ship, shall stop the same alongside the moorings of his Majesty's ships at Deptford, or elsewhere, or between the Hound Tree and Bathing House at Gravesend (except in either of such cases there be an extreme necessity for so doing, or leave be obtained for that purpose from the proper officer or officers in that behalf), and all pilots licensed by the said corporation, are at all times to be particularly careful to steer clear of the King's ships in passing them. V. It is ordained, that every pilot when called upon or required to pilot any ship or vessel, shall, if under engagement to any other ship, forthwith make known such engagement, and specify the particulars thereof truly and faithfully to the person calhng for or requiring such pilot's service, and in case of any concealment, misrepresentation, or falsehood in respect of such alleged previous engagement, the pilot ofiFending shall forfeit £10. VI. It is ordained, that every pilot who shall have taken charge of any ship from the river Thames to the Downs, or elsewhere, shall, without any additional compensation in that behalf, wait on board for the space of three complete days, while such ship may be detained at Gravesend or elsewhere, for want of seamen, or by any other casualty, nor shall he at the end of three complete days be at liberty to quit such ship, or receive any additional com- pensation if she shall be further detained by winds, weather, or tides, and should the ship be detained beyond three complete days on any other account except winds, weather, or tides, the pilot having the charge thereof shall nevertheless still (if required so to do) remain in the charge of her, provided a compensation of 68. per day be offered to him in that behalf by the master or owner. VII. It is ordained, that every pilot shall in all cases demean himself civilly and respectfully towards all persons who may require his service, and towards all officers in his Majesty's navy, and shall maintain a strict temper- ance and sobriety in the exercise of his office, and shall use his utmost care and diligence for the safe conduct of every ship which he shall be entrusted with the charge of, and to prevent her doing damage to others. Vni. It is ordained, that every pilot who shall undertake the charge of TRINITY HOT.se PILOTS. 711 any ship downwards, shaU, beftre his departure, leave, or cause to be left, notice thereof in writing at the proper office at the Trinity House in London, with one of the clerks there attending, and shall be considered as disengaged until he shall have so done, and upon such pilot's return be shall immedi- ately, in his own person, attend at the said office, and make and sign such entry in a book there kept for that purpose, as the said corporation shall from time to time direct or require. IX. It is ordained, that every pilot licensed by the said corporation, shall from time to time, and at all times in obedience to the order or summons of the said corporation, under the hand of the secretary thereof for the time being, duly delivered or offered to such pilot, or left a reasonable time at the usual or last known place of residence of such pilot, attend the said corpora- tion, at their coiurts, bye-boards, or committees, or their secretary for the time being, at the Trinity House in London, and that every pUot licensed by the said corporation upon a certificate of qualification from sub-commissioners of pilotage, shall in like manner attend the sub-commissioners of the port or place for which such pilot shall be so Ucensed, in obedience to the order or summons of the said sub-commissioners, under their hands, or the hands of the major part of them, duly dehvered, offered or left as aforesaid, to answer to any charges brought against such pilots respectively, or for the perform- ance of any pubhc service, or for any other purpose whatsoever, and in default of such attendance every pUot so offending shall forfeit, for the first offence, 40«., and for the second and every subsequent offence £6 each. X. it is ordered and hereby directed that every pilot Ucensed or to be licensed by the said corporation, upon their receiving a certificate of examina^ tion by any sub-commissioners of pilotage, shall for such examination, and for the granting of the licence thereon, pay the sum of two guineas to the said sub-commissioners of pilotage by whom he shall be so examined, or to one of them, and shall also for the renewing or confirming of such licence, from time to time pay to the sub-commissioners of pilotage for the time being at or for the port or place specified in such licence, or to one of them, the annual sums following (that is to say), every pilot so licensed, or to be licensed as aforesaid, for the ports of Plymouth, Portsmouth, or Cowes respectively, the annual sum of two guineas. And every pilot licensed or to be Ucensed as aforesaid, for any other port or place, the anniial stim of one guinea, unless the pilots at or for such port or place, shaU be divided into two classes, and in that case the pilots of the first class are to pay the annual sum of two guineas each, and pilots not of the first class the annual sum of one guinea each. XI. It is ordained, that no pilot shall add to or in any way alter his licence, or make or alter any endorsement thereon, nor shall he be privy to any such licence or endorsement being altered. XII. It is ordained, that every pilot who shall observe any alteration in any of the sands or channels, or that any of the buoys or beacons of the said corporation are driven away, broken down, or out of place, shall forthwith deliver or send a correct statement thereof in writing to the secretary of the said corporation for the time being. XIII. It is ordained, that every pilot shall, whenever he comes to an anchor, carefully observe the settings of the tide and the force of the stream, and if it shall happen that he comes near to a sand, or other object or cause of danger, and there be any other ships or ship in company Ukely to fall in therewith, such pilot shall immediately give notice thereof to the captain or principal officer of the ship under his care, that he may make a signal to such other ships or ship for avoiding the same. 712 APPENDIX No. 11. XIV. It is ordained, that no pilot shall on any pretence aid or assist either in his own person, or with his boat or servants, or by any other means what- ever, the landing, removing, or secreting any seaman from any merchant ship or vessel, to avoid serving in his Majesty's navy, or to escape the impress for the same. XV. It is ordained, that every pilot shall from time to time conform him- self strictly to all directions which shall be given to him by any of the harbour masters authorised by Act of Parliament under the corporation of the City of London, touching the mooring, unmooring, placing, or removing of any ship or vessel under his charge, as long as such ship or vessel shall be lying and situate within the limits of the authority of such harbour master. XVI. It is ordained, that each and every pilot belonging to a licensed pilot vessel shall be at liberty to entertain one apprentice and no more. XVII. It is ordained, that for any work done on the river Thames or Medway, by men in boats, being less than the work for the whole tide, the pay shall be for half a tide's work, 4s. to each man, and so on in proportion for any time less than a whole tide, the pay for which is settled by the said Act of the sixth year of the reign of his present Majesty at 8s. XVIII. It is ordained, that in all cases where pecuniary penalties and f orf eitmres are annexed to the breach of the foregoing bye-laws, rules, orders, regulations, and ordinances, the said Corporation of Trinity House may mitigate and reduce the same to one-fourth part at their discretion. XIX. It is ordained, that every pilot who shall offend against any or either of the foregoing bye-laws, rules, orders, regulations, and ordinances, shall, for every such offence (whether the same shall subject him to any pecuniary penalty or not, and in addition to such penalty, if any) be liable to have his licence annulled and forfeited, or suspended, at the discretion of the said corporation. N.B. Besides conforming themselves diligently to the above bye-laws, rules, orders, regulations, and ordinances, the pilots hcensed by the Corpo- ration of Trinity House, are of course in all things to observe and obey the enactments and provisions relating to such pilots contained in the said Act of Parliament, made and passed in the sixth year of the reign of His Majesty King George the Fourth, a copy of which Act has been delivered to each of the said pilots. \ By Order of the Corporation, i^^^^y' J. HERBERT, Secretary. T have perused and examined the foregoing hye-laws, rules, orders, regu- lations, and ordinances, and do hereby sanction, approve of, and confirm the same. Witness my hand and seal the nineteenth day of April, one thousand eight hundred and twenty-six. C. ABBOTT. REGULATIONS TO BE OBSERVED BY THE PILOTS IN THE PAYMENT OP THE POUNDAGE ON THEIR RESPECTIVE EARNINGS, ESTABLISHED BY THE 385th SECTION OF THE ACT, 17 AND 18 VICT., CAP. 104. Each pilot is required, at the expiration of every month, to deliver to the clerk in the pilot's office at the Trinity House, or to the sub-commissioners for his district, as the case may be, a correct accoimt, on one of the forms TRINITY HOUSE PILOTS. 713 provided him for that purpose, of all vessels piloted by him in the said month, and he is then to pay the amount due for poundage thereon, to be applied to the purposes of the pilot's fund as provided by the Act. In order to ensure a correct return of their earnings, the pilots are required to render, at the end of each year, an abstract account, on one of the forms also provided for that purpose, of their total earnings in each month, and to declare solemnly before a magistrate to the truth of the returns they have so made. By Order, ROBIN ALLEN, Secretary. Order for the Additional Marking of Pilot Vessels. Trinity House, London. " In addition to the manner in which pilot vessels are required to be dis- tinguished by the 346th section of the Act 17 & 18 Vict., c. 104, It is Ordered by the Corporation of Trinity House, that all pilot vessels licensed by them, shall have the number of such vessel, and the initial letter of the port to which she belongs, painted black on the mainsail and trysail thereof : — That the figure or figures of such number and the initial letter of the port shall be six feet in length, and of proportionate breadth : and that the said number shall be placed immediately above the centre of the line from the throat to the leech of the mainsail — and the initial letter immediately beneath the said number. Also, that the license of every pilot vessel shall be imme- diately withdrawn on board of which, whUe actually holding a licence as such, any main or trysail shall be found not marked in the manner hereinbefore directed." By Order, ROBIN ALLEN, Secretary. Order respecting the TJse of the Lead. Trinity Hottsb, London. It having been represented to this corporation, that the pilots frequently neglect the use of the lead, which is of the greatest importance to the safety of vessels in their charge, especially in thick weather : — The pilots are hereby cautioned against any repetition of such neglect, as in the event of any acci- dent occurring, and proof being produced that the pilot has failed to perform this most essential branch of his duty, his licence will be taken away and declared null and void By Order, ROBIN ALLEN, Secretary. Order respecting Vessels Touching the G-round, or in Collision. Trinity House, London. When a vessel touches the ground, or a collision occurs with any other vessel, the pilot in charge is immediately to report the occurrence in writing on the form prescribed, addressed to the secretary at this house. By Order, ROBIN ALLEN, Secretary. 7^14 APPENDIX No, 11. Orders respecting Loss of Anchors and Cables. TfiiNiTT House, London. When anchors or cables are lost from any vessel, the pilot in charge is immediately to report the occurrence in writing on the form prescribed,, addressed to the secretary, at this house. By Order, EOBIN ALLEN, Secreta/ry. B.— RULES AND REGULATIONS TO BE OBSERVED BY THE RIVER PILOTS, LICENSED BY THE CORPORATION OF TRINITY HOUSE, IN CONDUCTING THE SERVICE AT GRAVESEND, UNDER THE SYSTEM OP ROTATION, ESTABLISHED 1816. SY THE MASTER, WAKDENS, AND ASSISTANTS OF THE CORPORATION OF TRINITY HOUSE OF DBPTFORD STROND, The Corporation having, in April, 1816, appointed a ruler of the pilot establishment at Gravesend, whose duty it is to supervise and regulate the conduct of the river pilots, — to carry into effect the principle of rotationary employment — to hear and determine such dififerences as may arise between the pilots — to prevent complaints from the masters of vessels on the ground of their not being regularly supplied with pilots on their arrival at Graves- end, and also to prevent the employment of unlicensed persons to the prejudice of the pilots ; and the Corporation having revised and considered the several rules and regulations which have from time to time been made in this respect, and consolidated the same into one code, as follows, havo directed Mr. Samuel Dixon, the present ruler, to take especial care that the said rules and regulations are duly observed by all the pilots under his super- vision, and to report any transgression, neglect or inattention thereof which he may deem to require the notice and judgment of the Board. And all the river pilots are hereby directed and required strictly to observe and to pay exact obedience to such rules and regulations, and to represent to the ruler, in writing accompanied by proper vouchers of the facts, any infringements upon their turns and tour of duty under the same, of which they may have to complain, in order that if needful the particulars thereof may be trafas- mitted to this house for the board's consideration. Rules and Rbguxations. I. All river pilots attending at Gravesend for the purpose of taking charge of ships upward, whether by choice or in rotation, shall, on their arrival, give in their names at the ruler's office ; and every pilot shall, immediately on his return from taking up a vessel, report the same to the ruler in the form pro- vided for that purpose. II. The twenty pilots first in rotation according to their respective numbers shall not absent themselves without giving notice to the ruler. III. The hours of attendance for the pilots on turn shall be at sunrise and sunset, from the first day of November to the first day of March ; and at six o'clock in the morning and six o'clock in the evening, during the remaining eight months. IV. The first ten pilots in turn shall, on the evening preceding their going down in the pilot-vessel, attend at the ruler's office ; and shall proceed in the vessel down the river on the following morning ; and the ten pilots next in turn, shall attend on the following morning and board any vessel in their turn which may not have received a pilot from the pilot-vessel, or shall be in TRINITY HOUSE PILOTS. 715 readiness to embark in the pilot vessel, in the event of a further supply of pilots being required. V. The hour for the pilot-vessel to move down the river shall be as early as wind, tide, and daylight will admit ; particularly in an easterly wind, that the trade may not be delayed for want of pilots in due time. VI. The pilot-vessel shall, half an hour before she proceeds down the river, hoist a blue peter, when those pilots first in rotation are to assemble on board ; and when all are on board, the blue peter is to be hauled down, and the pUot flag hoisted ; if the whole ten are not on board when the pilot-vessel is about to move, the blue peter is to be half mast, when the vacancies shall be filled up by the pilots next in turn. VII. The pUot-vessel's station below shall not be farther down than Holy Haven ; and her station above shall not be higher up than Tilbury Fort. VIII. The station of the pilot-vessel when the weather shall not perrnit her going down the river, shall be either off Coal House Point or Cliff Creek, as may be best adapted for boarding ships coming up. IX. The pilot- vessel, when returning for more pilots, shall hoist the blue peter, and thus give notice to the pilots attending to join her. X. The pilot-vessel shall return in the evening to her station, when there are no more vessels in sight in want of pilots ; and shall be there in the morning ready to proceed down the river. XI. In the event of the twenty pilots being shipped, a selection of ten, or as many more as may be necessary, shall be made by the ruler in time for vessels that may yet arrive. XII. If by any artifice, collusion, or manceuvre, a pilot boards a ship to the prejudice of another, the pilotage shall, upon proof thereof, be either wholly surrendered to the injured party, or divided, as circumstances may warrant. XIII. No pilot, who shall have taken up a vessel upon a choice-letter, shall be entitled to a turn from the pilot-vessel until every other pilot shall have had either a turn or a choice-vessel ; and any pilot who shall not be ready on the arrival of his turn, or who shall evade or refuse to take charge of the vessel falling to him, shall forfeit such turn of employment. XIV. No pilot shall go afloat below the town of Gravesend to take charge of a vessel during the day unless he has a choice-letter for such vessel duly authenticated by the ruler. XV. The pilots in turn shall be in attendance at the station, and go off to any vessels that may have anchored in the Beach, at or below Gravesend, in the night ; but if any vessel has passed Tilbury Fort without a pilot, any pilot that is in the way may take charge of such vessel to prevent her detention, nor shall he be superseded by any turnman. XVI. Any pilot taking charge of a vessel in his turn, of eight feet draught of water or under, shall be entitled to another vessel on the same turn ; and such second vessel shall be the tenth which may arrive after he shall have reported himself to the ruler, and his position on the hst shall have been arranged by him. XVII. None but the .pilots in rotation, or having choice-letters, shall pre- sume to go on board the pilot-vessel when proceeding down, or follow her in their own or any other boats. XVIII. No pilot shall go on board a vessel subject to the quarantine laws, in the night, with a view of remaining therein and keeping the charge of her from the pilot in turn. XIX. Pilots not in turn boarding a vessel below the Terrace Pier, Graves- end, shall not be allowed to retain the charge if any turnmen ofter, on the 716 APPENDIX No. 11. vessel's arriving oflf that place, where the turnmen are to assemble and go oflF in rotation as vessels arrive ; but if they persist in keeping charge, they shall refund the pilotage to the tumman oflfering. XX. If a pilot from the vessel, or any tumman, take charge of a ship from below to Gravesend, and a pilot with a choice-letter supersede him, the pilot so superseded shall stand first on the list for the succeeding day. XXI. No pilot shall be uncivil to or insult the master of the pilot-vessel, or constrain or persuade him to any act or proceeding contrary to his duty and the regulations of the service. XXII. The system of rotation shall apply to every ship in the Boyal navy wanting a pilot ; but if all the pilots be afloat, the ruler shall, in his discretion, ^ send the pilot he thinks most competent, if unemployed, and such pilot shall not lose his rotation upon his return from that duty. XXIII. Such pilot or pilots in turn, who are not shipped from the station at Gravesend, or who have returned in the pilot-vessel, shall attend at the ruler's office every evening, at any hour, of which notice shall be given, to arrange the rotation list for the following day. XXIV. The ruler shall receive all complaints, and such as he may not be able to adjust shall be forwarded by him to the Corporation for hearing and determination. XXV. — Every pilot who shall offend against any or either of the foregoing regulations will be liable to have his licence revoked and annulled, or sus- pended, at the discretion of the Corporation. The aforegoing rules and regulations are to take effect on the 1st January, 1853. By command of the Corporation, J. HERBERT, Secretary. Trinity House, London, 2nd Novemher, 1852. C. — Order in Council of the 1st May, 1855. At the Court at Buckingham Palace, the Ist day of May, 1855. Regulations. First. All persons applying for Ucences as pilots in the London district (except freemen of the said Watermen's Company applying to be licensed for home trade steam passenger ships) shall produce such certificates as shall be deemed satisfactory by the Trinity House, previously to examination, as in the said Act provided, on the following points — viz. : 1st. Their qualification by previous service, under the rule hereinafter provided. 2nd. Their previous good conduct and habits of sobriety. 3rd. Their age ; and 4th. That they are in good health, and not afflicted with any bodily com- plaint or infirmity rendering them unfit properly to perform the duties of a pilot, which last certificate shaU be under the hand of a duly authorised medical practitioner. Second. No person shall be Uoensed as a pilot for the London district (except freemen of the said Watermen's Company) who shall have passed the age of 35 years, nor in the Trinity House outport districts who shall have passed the like age, except under such especial circumstances as shall appear to the Trinity House to afford sufficient grounds for his appointment after that age. TRINITY HOUSE PILOTS. Third. No person shall be licensed as a pilot for the London district (except freemen of the said Watermen's Company) who shall not have served as mate for three years on board of, or shall not have been for one year in actual command of, a square-rigged vessel of not less than 80 tons register tonnage for the North Channel upwards ; and not less than 150 tons register tonnage for the North Channel downwards, or for any of the South Channels, or who shall not have been employed in the pilotage or buoyage service of the said Trinity House for seven years, and have served, in addition thereto, for two years in a square-rigged vessel, or who shall not have served an apprenticeship of five years to some licensed pilot vessel, and shall also have served for two years in a square-rigged vessel. Fourth. No person licensed as a pilot for the London district (except free- men of the said Watermen's Company, to be licensed as hereinafter provided), shall take charge as such of any ship drawing more than 14 feet water, in the river Thames or Medway, or any of the channels leading thereto or there- from, until such person shall have acted as a licensed pilot for three years, and shall have been after such three years, on re-examination, approved of in that behalf by the said Trinity House, on pain of forfeiting ten pounds (£10) for every such offence, unless there shall be no qualified pilot to be obtained, who has passed the said examination for ships drawing more than 14 feet water. Fifth. Every pilot who by the 385th section of the said "Merchant Shipping Act, 1854," is required to pay a sum of three pounds three shillings (£3 3s.) to the Pilot's Fund, on the 1st of January in every year, shall, on receiving a licence, pay a like sum of three pounds three shillings (£3 3«.), and for every extension of such Ucence a further sum of one pound one shilling (£1 Is.) to the said Fund. Sixth. Every pilot who shall of his own accord relinquish his employment as such, or who shall be dismissed from the service, shall not be entitled to a return of any sum or sums paid by him to the said Pilot's Fund, and shall forfeit all claim to any allowance therefrom. Seventh. Any person, being a freeman of the said Waterman's Company, who shall be able to prove to the satisfaction of the Trinity House that he has piloted steam passenger ships on the river Thames, between London Bridge and G-ravesend, for a period of two years, or who shall have obtained his freedom of the said Company by servitude as apprentice to any such freeman employed in so piloting such steam passenger ships, shall be deemed qualified, after examination as in the said Act provided, to be licensed as a pilot for the navigation up and down the river Thames, between London Bridge and Gravesend, subject to the following terms and conditions — viz. : 1st. That such licence shall authorise him to act as pilot only on board steam passenger ships, being " home trade ships," and no others ; all pilots so licensed being intended to be designated "Watermen Pilots for Home Trade Steam Passenger Ships." 2nd. That such licence shall not authorise him to supersede, in the charge of any steam passenger ship, any other pilot duly licensed by the Trinity House for the said navigation between London Bridge and Gravesend. 3rd. That he shall be subject to all bye-laws, rules, orders, and regulations made or hereafter to be made by the Trinity House for the govern- ment of pilots generally, and to all penalties thereby imposed and provided, unless specially exempted therefrom. 4th. That he shall pay the hke sums of money as are payable by pilots licensed for the London district, on their appointment, and on the 717 718 APPENDIX No. 11. annual renewal of their licences ; but shall not be required to pay to the Pilot's Fund the poundage of sixpence in the pound upon the pilotage earnings of pilots licensed by the Trinity House, as provided by the 385th section of the said Act ; nor shall he, or his widow, or children be entitled to any benefit from the said Pilot's Fund. D. — Order in Council of the I6th of July, 1857. At the Court at Buckingham Palace, the 16th day of July, 1867. Any master or mate who holds a pilotage certificate granted by the said Trinity House under the said Act, enabling him to pilot any ship or ships, shall be qualified to pilot any other ship or ships belonging to the same owner or owners as the ship or ships for which his certificate was granted, within the limits described in such certificate, without being compelled to employ a pilot, on the following conditions, viz. : The ship or ships which he is so qualified to pilot shall be of no greater draught of water than the ship or ships in respect of which his certificate was granted. The name and description of every ship which he is so qualified to pilot shall have been, by or with the consent of the said Trinity House, first added to, or endorsed upon, his certificate. E.— RULES AND REGULATIONS TO BE OBSERVED BY THE CHANNEL PILOTS, LICENSED BY THE CORPORATION OF TRINITY HOUSE, IN CONDUCTING THE SERVICE AT GRAVESEND. BY THE MASTEK, WAEDENS, AND ASSISTANTS OP THE COEPOKATION OP TRINITY HOUSE OF DEPTFOED STEONP. The Corporation having been pleased to order that the ruler of the pilot establishment at Gravesend shall supervise the Channel pilots, licensed after the 1st day of October, 1853, and shall carry into effect a principle of rota- tionary employment by such pilots, and hear and determine such difierences as may arise between the said Channel pilots, with a view of preventing com- plaints from the masters of vessels of their not being regularly supplied with pilots on their arrival at Gravesend, and also of preventing the employment of unlicensed persons to the prejudice of the pilots. The ruler for the time being is hereby required to take especial care that the following rules and regulations are duly observed by all the Channel pilots under his super- vision, and to report any transgression or neglect thereof which he may deem to require the notice and judgment of the Board. And all the said pilots are hereby ordered and required strictly to observe and to pay exact obedience to the said rules and regulations, and to represent to the ruler in writing, accompanied by proper vouchers of the facts, any infringements thereof, or upon their turns, and the tour of duty prescribed thereby, of which they may have to complain, in order that if needful the particulars thereof may be transmitted by him for the consideration of the Board. Rules and Regulations. I. All Channel pilots licensed after the 1st day of October, 1863, attending at Gravesend for the purpose of taking charge of ships downward, whether by choice or in rotation, shall on their arrival give in their names at the ruler's TEINITY HOUSE PILOTS. 719 office ; and every pilot shall, immediately on his return from piloting a vessel, report the same to the ruler in the form provided for that purpose. II. The first, second, and third pilots in rotation for each Channel shall be in attendance for day duty, and the eleventh, twelfth, and thirteenth pilots in rotation for each Channel shall be in attendance for night duty, and shall not absent themselves without giving notice to, and obtaining the sanction of, the ruler. Should there, however, be a sufficient number of volunteers for night duty, the ruler is authorised to exempt from such duty either or all the pilots on turn. III. The hours of attendance for the pilots on turn for day duty shall be from 6 A.M. until 6 p.m., and for night duty from 6 p.m. until 6 a.m. IV. The pilots in turn for each Channel shall, on each evening, attend at the ruler's office, and the three pilots next in turn for each Channel shall be in attendance to receive the instructions of the ruler in the event of a further supply of pilots being required, in order that vessels may not be delayed for want of pEots. V. The pilot boat, when returning for more pilots, shall hoist a blue flag when South Channel pilots, and a red flag when North Channel pilots are required, thus intimating the class of pilots required to join her. VI. The cruising ground for the pilot boat shall not be higher up than Northfleet Hope. VII. The pilot boat shall return in the evening to her station, when there are no more vessels in sight in want of pilots, and shall be there in the morning ready to proceed up the river, if required. VIII. In the event of the six pilots for either channel being shipped, a selection of as many as may be necessary, shall be made by the ruler, in rotation, if possible, in time for vessels that may be coming down. IX. If by any artifice, collusion, or manoeuvre, a pilot board a ship to the prejudice of another, the pilotage shall, upon proof thereof, be either wholly surrendered to the injured party, or divided, as circumstances may warrant. X. Pilots licensed for both Channels shall take their respective turn for each Channel. XI. A pilot who shall have taken a vessel by selection of the owner, agent, or master, shall, on his return, be placed at the bottom of the list for the Channel down which he shall have piloted such vessel, and any pilot who shall not be ready on the arrival of his turn, or who shall evade, refuse, or neglect to take charge of the vessel falling to him, shall forfeit such turn of employment. XII. Any pilot shipped in his turn, who shall be detained in piloting a vessel, and thereby prevented from taking his place on the rotationary list for employment, shall, on his return, take the first turn for duty, provided he satisfactorily account to the ruler for such delay. XIII. Any pilot selected by the owner, agent, or master of a vessel shall obtain a letter signifying such selection on a form on which his name has been placed and initialed by the clerk of the Pilotage Department, shall then apply at the Trinity House for the official stamp to be placed thereon, and pay a fee of 10s. (which fee will be returned if the said letter is acted on or proof produced that special circumstances have arisen which have prevented his doing so.) No pilot having obtained a choice letter shall act thereon until he shall have handed the same to the ruler and have been declared ofl^ turn. XIV. No pilot shall go afloat above the pilot boat to any vessel, unless he has been selected for such vessel. 720 APPENDIX No. 11. XV. If any vessel has passed the Pillar, at the entrance of the Canal at Gravesend, marking the boundary of the Port of London, without a pilot, any pilot that is in the way may take charge of such vessel to prevent her detention, nor shall he be superseded by any turnman. XVI. Pilots not on turn, boarding a vessel above the Pillar at the entrance of the Canal at Gravesend, marking the boundary of the Port of London, shall not be allowed to retain the charge thereof, if any turnman offers, except when such pilot boarded the vessel in consequence of no pilot having a priority of claim for a turn to himself, being at the station. XVII. Any pilot who may, from sickness, or being called as a witness, or from having to attend a court of justice on matters relating to pilotage, have lost his turn of employment, shall, upon proof thereof, be entitled to the first turn for duty. XVIII. The coxswain of the boat shall keep a log book, and enter therein the name of every pilot shipped, together with the time of his shipment, the said book to be produced to the ruler when required by him, and be open for inspection by the said pilots at all reasonable hours. XIX. Every pilot who shall offend against any of the foregoing regulations, will be liable to have Ms licence revoked and annulled, or suspended, at the discretion of the corporation. The aforegoing rules and regulations are to take effect on the 8th day of April, 1867. By command of the Corporation, P. H. BERTHOJSr, Becretary. P. — Order in Council of the 6ih of Fehruary, 1873. At the Court at Osborne House, Isle of Wight, the 5th day of February, 1873. I. All persons applying for licences as pilots for such exemptedfrn) ships on the river Thames between London Bridge and Gravesend(*i) shall produce such certificates as shall be deemed satisfactory by the Trinity House previously to examination, as in the said Act provided, on the following points, viz. ; (1) Their quaUfication by previous service under the rule hereinafter provided ; (2) Their previous good conduct and habits of sobriety ; (3) That they are in good health, and not afllicted with any bodily com- plaint or infirmity, rendering them unfit to perform the duties of a pUot, which last certificate shall be under the hand of a duly authorised medical practitioner. II. Any person who shall be able to prove to the satisfaction of the Trinity House that he has piloted ships on the Eiver Thames, between London Bridge and Gravesend, for a period of two years previously to the date of this bye-law, or that he is otherwise eligible by practical experience in the navigation of vessels within that district, shall be deemed quaUfied, after examination, as in the said Act provided, to be licensed as a pilot for the navigation up and down the River Thames between London Bridge and Gravesend, subject to the following terms and conditions, viz. : (1) That such licence shall authorise him to act as pUot only on board such (m) I.e., exempted irom compulsory pilotage. (k) a similar 0. in C. applying mutatis mutandis to pilotage between the Nore and Eoohester was made on September 6, 1880. TRINITY HOUSE PILOTS. 721 exempted ships, and no others ; all pilots so licensed being intended to be designated " pilots for exempted ships " ; (2) That such licence shall not authorise him to supersede, in the charge of any ship, any other pilot duly licensed by the Trinity House for the said navigation between London Bridge and Grravesend ; (3) That he shall be subject to all bye-laws, rules, orders, and regulations made or hereafter to be made by the Trinity House, for the govern- ment of pilots generally, and to all penalties thereby imposed and provided, unless specially exempted therefrom ; (4) That he shall pay the like sums of money as are payable by pilots licensed for the London district on their appointment, and on the annual renewal of their licences, but shall not be required to pay to the Pilot's Fund the poundage of sixpence in the pound upon the pilotage earnings of pilots licensed by the Trinity House, as provided by the 386th section of the said Act, nor shall he or his widow or children, be entitled to any benefit from the said Pilot's Fund. G. — Order in Gouncil of the 20th November, 1873. At the Court of Balmoral, the 20th day of November, 1873. Regulations. I. All persons applying to the Trinity House for licenses as pilots for any part of the sea or channels beyond the limits of any pilotage authority, shall produce such certificates as shall be deemed satisfactory by the Trinity House previously to examination on the following points, viz. ; (a) Their qualification by previous service ; (b) Their previous good conduct and habits of sobriety ; (c) That they are in good health, and not afiBicted with any bodily com- plaint or infirmity, rendering them unfit properly to perform the duties of a pilot, which last certificate shall be under the hand of a duly authorised medical practitioner. II. Any person being able to prove to the satisfaction of the Trinity House that he has obtained a practical knowledge of seamanship by service at sea for a period of not less than five years, shall, subject to such examination as the Trinity House shall think fit, be deemed eligible to be specially licensed to act as a pilot for any part of the sea or channels beyond the limits of any pilotage authority, subject to the following terms and conditions : (a) That the special licence to be granted to any such person shall only authorise him to act as pilot on board ships outside the limits of any pilotage district, and not within the Umits of any such district ; (b) That he shall be subject to all rules and regulations made or hereafter to be made by the Trinity House for the government of pilots generally ; (c) That he shall pay the sum of two guineas on receiving his licence, and one guinea on the annual renewal of his licence ; but he shall not be required to pay poundage, or otherwise to contribute to the Pilot's Fund, as provided by the 385th section of " The Merchant Shipping Act, 1864 ; " nor shall he or his widow or children be entitled to any benefit from the said Pilot's Fund. 2z 722 APPENDIX No. 12. No. 12 TABLE OF THE To be Demanded and Received by PILOTS licensed by the Corporation of Trinity House of cap. 125, 16 & 17 Victoria, cap. 129, and 17 & 18 Victorise, cap. 104, for Piloting PEOM The Isle of Wight aad 1 vice versa . . [ Off Dungeness to off\ Folkestone, the Church bearing )- N.N. W. by compass, and vice versa . .} Off Folkestone to the' SoathForelaud — the Lights in one and vice versa The Downs and vice versa Margate Roads or Tongue LightVessel and vice versa . The Sea, the Downs, Orfordness, or Hose- ley Bay and vife versa The Nore, or Warps, and vice versa Sheerness, Stangate Creek or Black- -I stakes and vice versa [ Bechester or Chatham ) and viee versa . . [ Thames Haven (In- 1 wards only) . . J to The Downs Ditto Ditto Margate Beads or Tongue Light Vessel . Grdveeend The Nore or Warps .... Sheerness, Stangate Creek, or Blackstakes Thames Haven Gravesend or Chatham Sheerness. Stangate Creek, or Blackstakes Chatham or Bochester Gravesend Chatham or Bochester Gravesend .... Gravesend Ditto 7 Feet & under. £ .. d. 3 4 10 19 2 18 3 6 3 4 3 14 16 1 18 1 13 1 12 2 12 16 8 Feet. £ s. d. 3 12 1 1 13 3 6 3 16 3 14 4 6 18 2 3 1 16 1 14 2 10 2 16 18 9 Feet. £ o. d. 4 12 14 4 10 3 14 4 6 4 6 4 18 10 2 7 2 1 16 2 14 3 10 10 Feet. £ s. d. 4 8 14 16 2 10 4 19 4 2 4 16 4 16 6 10 12 2 12 2 4 1 18 2 IS ,3 4 12 11 Feet. £ s. i. 4 16 18 10 6 6 2 4 16 8 4 2 3 8 14 Gravesend Beach and vice versa Greenhithe, or Long] Beach, axiAvieeversaA Erith Beach and vice versa Woolwich or Black- wall, and vice versa. Northfleet ... Greenhithe or Long Beach . Erith Barking and below Victoria and Albert \ Dock J Victoria and Albert Dock to Greenwich 1 Pier -I Hoorings, London Docks, City Canal, \ or St. Katharine's Docks . . I Barking and below Victoria and Albert i Dock ) Victoria and Albert Dock to Greenwich ) Pier ) Moorings, London Docks, City Canal, 1 or St. Katharine's Docks . . . j Victoria and Albert Dock to Greenwich ) Pier ) Moorings, London Docks, City Canal, ) or St. Katharine's Docks . . . ) Moorings, London Docks, City Canal, ) or St. Katharine's Docks . . . ) 4 8 14 16 18 12 12 14 10 12 18 16 _ 6 12 18 12 14 18 16 18 14 16 12 IS 8 16 1 2 1 8 1 10 1 14 1 1 2 1 8 1 1 6 "1 10 10 1 b 1 14 1 16 2 14 16 1 12 14 1 10 12 12 4 10 2 6 8 10 18 8 14 4 2 5,^3^3 is 81 !4i i^&S S-i- 1 The medium between the two For more than 3 mches and under 9 inches . r rates For 7 inches and upwards .... The rate for the next foot. For removing a ship or vessel from moorings into a dry or wet dook,(o) or from one part of the river situated above Greenwich to another part of the river so situated ; or for mooring or unmooring a vessel with two anchors ; or for putting a vessel alongside a pier or wharf and remaining while cattle or mer- chandise are being discharged or taken on board ; or for mooring vessels laden with petroleum in accordance with the harbour regulations ; or for attendance while adjusting compasses, the following charge may be made in addition to the pUotage, viz. . For a Ship under 300 tons . Ditto of 300 to 1000 tons Ditto above 1000 tons £0 15 10 1 10 Approved by Her Majesty in Council At the Court at Windsor, the nth day of May, 1882. {/Signed) C. L. PEEL. (o) See The Clan Grant, 12 P. D. 139. APPENDIX No. 13. 725 No. 13 (see § 612). Dietary Scale C. IPor Voyages exceeding eighty-four days for sailing vessels, of fifty days for steamers : , Beef or Pork, or partly one and partly the other Preserved Meat ..... Suet ..... Butter ....... Bread or Biscuit not inferior in quality to Navy Biscuit ...... Wheaten Flour not inferior to best Seconds . ■Oatmeal, Rice, and Peas or any two of them . Potatoes Raisins . Tea Sugar Salt Mustard Pepper, Black or White Ground Preserved and Dried Vegetables, that is Cabbages Carrots, Turnips, Onions, Celery, and Mint, or some one or more of them. .... Vinegar or Mixed Pickles . . . . Lb. Oi. 2 4 \ 1 6 4 2 8 3 8 2 2 6 2 1 2 Oi Oi 2 Por- tions. 1 Gill.y . [^N.B. — Any of the particulars not Tenown, or not required, hy reason of the claim being only against the cargo, die, may be omitted.^ Whereas certain salvage services are alleged to have been rendered by the ship [insert names of ship and of commander'}, commander, to the merchant ship [insert names of ship and master'], master, belonging to [name and place of business or residence of owner of ship], freighted by [the same of the freighter], and to the cargo therein, consisting of [state very shortly the descriptions and quantities of the goods, and the names and addresses of their owners and consignees] : ((?) See § 600. 730 APPENDIX Nos. 15, 16. And whereas the said ship and cargo have been brought into the port of [insert name and situation of port], and a statement of the salvage claim has been sent to [insert the name of the consular officer or Vic6-Adm,vralty judgef and of the office he fills], and he has fixed the amount to be inserted in this bond at the sum of [state the sum] :. Now I, the said [master's name], do hereby, in pursuance of the Merchant Shipping Act, 1854, bind the several owners for the time being of the said ship and of the cargo therein, and of the freight payable in respect of such cargo, and their respective heirs, executors, and administrators, to pay among them such sum not exceeding the said sum of [state the sum fixed], in such propor- tions and to such persons as [if the parties agree on any other court, sub- stitute the name of it here], the High Court of Admiralty in England shall adjudge to be payable as salvage for the services so alleged to have been rendered as aforesaid. In witness whereof I have hereunto set my hand and seal, this [insert the date] day of Signed, sealed, and delivered by the said [master's nam,e]. (L.S.) In the presence of [nam,e of consular officer or Vice-Adm,iralty judge, and of the office he fills]. No. 16. Extracts from Schedule (B) to the Customs Consolidation Act, 1876. A (see § 761). Official Number. Number of Eegister. Date of Registry. ( If Sailing Vessel Report. ( or Steamer. Form No. 1. Port of Ship's Tonnage. British or Foreign ; if British, Port of EegiBtry ; if Foreign, Country to which she belongs. Number of Crew. Name of Master, and whether a British or Foreign Sahject. Port or Place from Name. British Seamen. Foreign Seamen. wheDce arrlTed. Sere state the particulars according to the above headings. Total CARao. Name or Names of Places where laden in order of Time. Marks. Nob. 4> Packages and Descriptions of Goods, Particulars of Goods stowed loose, and General Denomination of Contents of each Package of Tobacco, Cigars, or Snuff intended to be imported at this Port. Particulars of Packages and Goods {if any) for any other Port in the United Kingdom. Goods (if any) to be transhipped or to remain on board for Exportation. Name of Con- signee. Here state the particulars according to the ahove headings^ or if in Ballast^ state " m Ballast only," If any wreck fallen in with or picked up, to be stated. FORMS PRESCRIBED BY CUSTOMS ACT. Stores. Surplus stores remaining on board, viz. :- Number of alien passengers (if any) . Pilot's names .... At what station ship lying .... Agent's name and address .... I do declare that the above is a just report of my ship and of her lading, and that the particulars therein inserted are true to the best of my knowledge, and that I have not broken bulk or dehvered any goods out of my said ship smce her departure from the last foreign place of loading (except, if so, at , stating where). (Signed) Master. Signed and declared this day of 18 . In the presence of Gollector. 731 Form No. 6. Port of B (see § 763). Entry Outwards. Ship's Name Tonnage. Master's Name. If British, Name of Port of her Registry. If Foreign, Name of Country to which she belongs. Port of Destination. Lying at_ Dock or Station. (Signed) Date of Entry. If ship shall have commenced her lading at any other port (name of such port). Master or Agent. Form No. 10. Port of (see § 766). Content. SUp's Name and Destination. Number of Tons. Number of Boats. IfBritish, Portof Registry. If Foreign, the Country. Number of Crew. Name of Master. With or without Passengers or Troops. 732 APPENDIX No. 16. Waebhousbd, Tbakshipmbnt, Dbawback, and Restricted Goods. Msrks and Numbers, if any, of Packages. Number and Description of Packages. JPariiculars io be stated aceorcUnff to the above headings. Cleared Dated Examined (Signed) Searcher. I do declare that the above content is a true account of all goods above described, shipped, and intended to be shipped on board the above-named ship, and correct in all particulars. Signed Master. Signed and declared this day of , before me, (Signed) Collector or proper Officer of Customs. Form No. 11. Port of D (see § 768). Tramsirb. Ship's Name. Tonnage. PortofEegistry. Master's Name. Whither Bound. Foreign Goods, distinguish- ing Warehoused Goods removed under Bond. Quantities of Corn, Grain, Meal, Flour, or Malt. Goods liable to Duty of Excise or entitled to Draw- back thereof. Here state ** Sundry other Goods " or " No other Goods," as the case may be. (Signed) Cleared the Master, day of 18 . (Signed) Collector or other proper Officer. ( 733 ) INDEX. The figures refer to the sections. A. B. rating of, 474, note (/) certificate of service for, ibid. ABANDONMENT. See Loss oi- Ship inquiry into, 43-59. See InQuiey and Investigation what amounts to, 717, 718 effect of, as regards salvors, 718 master's duty to underwriters on, 758 to strive to avert total loss, 758 " sue and labour clause," 758, note (m) whose agent is master in such case, 758 of voyage, entitles seaman to wages, 499 ABSENCE FEOM SHIP, punishment of, 508, 544. See Dbsebtion ACCIDENTS. See Inqijiet and Investigation Board of Trade to appoint inspectors to report upon, 528 to steam ships to be reported to Board, 686, and addenda ACCOMMODATION, 527. See Ceew Space ACCOUNTANT GENEEAL, to dispose of wages of deceased seamen discharged from navy, 5?0 his duties on seaman volunteering into navy, 523 ACCOUNT OP CREW, 121, 225, 474, 480. See Ceew, Agebbment WITH Ceew form of, Appx. No. 7, pp. 678, 684, 686 ACCOUNT OF WAGES, to be delivered to seaman on discharge, 487 to include account of deductions, 487 in case of fishing boats, 487, note (r) of seaman left behind for inability, 489. See Wages of Seamen of deceased seamen, 519. See Deceased Seamen ACT OF GOD, common carrier not liable for effects of, 236 meaning of, in biU of lading, 358 ADMIRALTY COURT, will enforce wishes of owners in removing master, 21 power to remove master and appoint another, 22, 44 appeal to, from orders cancelling or suspending certifioatee, 56 from Colonial Courts, 57 practice on, and cost of, appeals, 58 master formerly could not sue in, for wages, 68 modern jurisdiction of, over master's wages, 69-73 and disbursements, 69 to determine questions of forfeiture, 63 of Colonial Courts of Admiralty, 72 734 INDEX. The figures refer to the sections. ADMIRALTY COVRT—cmtinued. practice of, in awarding freight in cases of capture, 286-287. See Febight sale of ship under decree of, in proceeding in rem, binds all parties, 415 decree of foreign, wiU not support sale otherwise invalid, 415 jurisdiction of, over bonds of hypothecation, 453, 458. See Hypothe- cation jurisdiction over claims for seamen's wages, 509. See Wages of Seamen allows liquidated amounts to be deducted from wages, 63, 500 allows viaticum and subsistence money, 512 power of, to certify for extra expense of substitutes for seamen volunteered into the navy, 523. See Navy jurisdiction of, over offences of British seamen at foreign ports, 537 over claims for pilotage, 514, 576 over claims for colhsion, 628, 637-643. See COLLISIONS in rem., 638-640 in personam, 641 principles on which it is exercised, 648-653 power of, to arrest foreign ship that has occasioned damage, 637 jurisdiction of, over claims for salvage, 688, 747, 752. See SALVAGE to apportion salvage, 635. See Appoetionment appeals to, from salvage award of justices or umpire, 750 ADVANCE FREIGHT cannot, as such, be recovered back, 276 may in some cases be indirectly recovered as damages, 276 loan may be recovered back, 276 unless charterers have agreed to insure and failed to do so, 276 charterer cannot insist on advancing against freight, 276, and addenda payable notwithstanding loss of ship, 277, and addenda exception, 277 payable on sailing of ship, 278 when has ship " sailed " ?, 278 unseaworthiness disentitles to, 279 no lien for, 291. See Lien ADVANCE NOTES, 483. See WAGES of Seamen AGREEMENT WITH CREW. See also Seamen, engagement of must be kept by master, 121^ delivery of, to Marine Office superintendents, 225, 478 to consuls or Colonial Customs officers, 225 enumerates duties of crew, 468 before 1854, 472 forms and contents of, under Merchant Shipping Acts, 474-476, 479, 481, Appx. No. 7, pp. 676, 682, 686 for foreign-going ships, to be witnessed by superintendent, 475 provisions for substitutes, 475 running agreements, 475 discharges and engagements to be endorsed on, 475 as to fees payable on, 475, and note (ss) for home-trade ships, to be made before superintendent or witness, 476 special for ships of same owners, 476 which need not expire half-yearly, 476 engagements in colonies or foreign ports to be indorsed and attested upon, 477 rules as to production of, 478 contents of, 479,, 480 description of voyage, 479 must be precise, 479 may be in alternative, 479 effect of change of voyage after, 479 list of seamen, 480 date of commencement of voyage, 480 rate of wages, 480 alterations of, void, unless attested, 481 penalty for falsifying, 481 ■ seamen not bound to produce, 481 INDEX. 735 The figures refer to the sections. AGREEMENT WITH GRmY —continued. copy of, to be accessible to crew, 481 power of court to rescind, 481 with natives of India, 482. See Lascaes when terminated by abandonment or capture, 486, 706 when seamen released from, by circumstances, 501 extra pay for services beyond scope of, 501. See WAGES OF Sbamen how long binding, 506, and addenda. See Dischaegb of Seamen ALLOTMENT NOTES, 484. See Wages op Seamen AMIDSHIPS, meaning of. 111, note (2;) ANTI-SCORBUTICS, 525. See LiMB juice APPENDICES, No. 1. Rules as to investigations into shipping casualties, p. 645 A. General rules of 1878 as to procedure, p. 645 Forms, p. 647 B. Rules of 1879 as to appointment and qualification of assessors, p. 648 C. Appeal and re-hearing rules, 1880, p. 650 No. 2. Foreign Animals' Order, 1893 (chaps. 8, 9), p. 652 No. 3. Rules under Merchant Shipping (Life-Saving Appliances) Act, 1888, p. 655 No. 4. Regulations as to leadlines, &c., under Merchant Shipping Act, 1890, p. 663 No. 5. A. Precautions prescribed by the Merchant Shipping (Carriage of Grain) Act, 1880, p. 669 B. Official notices as to rules and regulations conditionally approved in lieu of the said precautions, p. 671 No. 6. Forms of Bonds — A. Bottomry, p. 674 B. Respondentia, p. 675 No. 7. Forms of Agreement with Crew of — A. Foreign-going ship, p. 676 B. Home-trade ship, p. 682 C. Home-trade ships belonging to the same owner, p. 686 No. 8. Medical Scales for — A. Merchant ships, p. 688 B. Passenger ships, p. 691 0. North Atlantic steamships, p. 696 No. 9. Instructions respecting lime and lemon juice, p. 700 No. 9a. Rules for inspection of Provisions and Water, p. 700 No. 10. General Rules for Courts of Survey, p. 702 List of courts, p. 705 Forms, p. 706 No. 11. Bye-laws and Regulations of the Trinity House — A. General, p. 709 B. Rules, &c., to be observed by river pilots conducting the service at Gravesend, p. 714 C. Order in Council of May 1, 1855, as to pilot licences for London District, p. 716 D. Order in Council of July 16, 1857 : pilotage certificates avail- able for several ships of same owners, p. 718 E. Rules, &c., to be observed by channel pilots conducting the service at Gravesend, p. 718 F. Order in Council of Feb. 5, 1873, as to pilot licences for ex- empted ships between LondonBridgeand Gravesend, p. 720 G. Order in Council of Nov. 20, 1873, as to pilot licences for sea and channels outside the limits of pilotage authority, p. 721 No. 12. Trinity House Pilotage Rates, p. 722 No. 13. Dietary Scale C. under Passengers Act, 1855, p. 725 No. 14. Orders in Council as to — A. Surgeons in passenger ships, p. 726 B. Unprotected female passengers, p. 726 C. Order and health in passenger ships, p. 727 D. Distilling apparatus in passenger ships, p. 729 736 INDEX. The figures refer to the sections. APPENDICES— coniimaei. No. 15. Form of Salvage Bond, p. 729 No. 16. Forms prescribed by Customs Consolidation Act, 1876— A. Eeport of ship and cargo, p. 730 B. Entry outwards, p. 731 C. Content of ship, p. 731 D. Transire, p. 732 APPLICATION OF MERCHANT SHIPPING ACTS, Part III. of the principal Act, 8, note (m), 486, note (e) as to shipping and discharge of seamen in United Kingdom, 473, note (y) as to delivery, &c., of lists of crews, 225, note (a) as to wages, &o., of deceased geamen, 519, note (<) as to volunteering into the navy, 523, note (t) APPOINTMENT OF MASTER, who may appoint or succeed him, 15 20 the shipowners, 15 majority in interest, ibid. their duty in selection, 16 effect of change of ownership 17 of new master abroad, 18, 20 by whom, ibid. when mate succeeds, 19 by Court of Admiralty, 22 by naval courts, 11 APPORTIONMENT OF SALVAGE, 735-741 power of courts having Admiralty jurisdiction to apportion, 735 to owners of salving ships, 736 master's share, 737 to oflScers, seamen, and apprentices, 737 to passengers, 738 to manager of S.S. Company, 738 where more than one set of salvors, 739 to Royal Navy and Coast Guard, 740 • agreements for apportionment, 741 how far binding on seamen, 741 by seamen to abandon salvage, void, 741 customary agreements, 741 payment of salvage to receiver of wreck in case of disputes as to, 751 apportionment by him, 751 APPRENTICES. See also Sbamkn, Wages of Seamen, Offences, Deser- tion indentures and assignments, deposit of, at foreign and colonial ports, 225, 470 superintendents of mercantile marine offices to assist in binding, 470 indentures of boys bound apprentices to sea service by guardians or over- seers, how to be witnessed, 470 indentures of apprenticeship to be exempt from stamp duty, 470 to be recorded, 470 assignment or cancellation of indentures to be notified by master, 470 death or desertion of, to be notified, 470 penalty for neglect, 470 apprenticeship of paupers, rules to govern, 470 apprentices and their indentures, &c. , to be brought before superintendents of mercantile marine offices, before each voyage in foreign going ships, 470 apprenticeship to the sea fishing service, 471 entitled to sue in Admiralty Court for wages, but not for penalty, 471, 514 penalty for supplying apprentice without licence, 473 for employing unlicensed persons, 473 for receiving, when unlawfully supplied, 473 for receiving remuneration from, for shipping him, 473, and addenda thereto INDEX. 737- The figures refer to the sections. APPRENTICES— eoraftBMeti. discharge of, abroad, 489 forcing on shore, a misdemeanour, 489 no apprentice to be discharged or left abroad, without certificate of some functionary, 489. See Discharge op Seamen wages of, not to be dependent on the earning of freight, 494 sale of, and charge upon, wages to be invalid, 494 wages not to accrue during refusal to work or imprisonment, 500 may sue for wages in a summary manner, 516 restriction on suits in superior courts, 516, note (p) are entitled to seamen's lien, 514. See Wagbs op Seamen payment of wages due to deceased apprentice, 519 master to take charge, or sell effects, of dectesed apprentices, 519 to enter same and wages in o£Scial log, 519 recovery of wages of, when lost with their ship, 519 to whom such effects and wages to be paid, 520. See Deceased Sba- MEK distressed may be relieved and sent home at public expense, 490. See Distressed Seamen expenses attending illness or death of, 526. See Medical Expenses, Btjeial protection of, against unseaworthiness, 528, 529. See Sbawoethinbss, Unsafe Ships from imposition and oppression, 530. See Imposition offences of, 508. See Oppbnces what proportion of salvage they are entitled to, 737. See Appoetionmbnt desertion by, 508, 544. See Dbseetion AEBITRATION in salvage disputes, 749 appeal from award, 750. See Salvoks ARMY. See Oppicer of Army ARREST. See also Maritime Lien, Hypothecation, Collision, Salvage, Wages of ship, by master, for wages and disbursements, 73 bottomry bond to release ship from, 434, 435 of ship, by seaman, for wages, 510 of foreign ship that has occasioned damage, 637 in damage suits, 638 in salvage suits, 747 how ship or cargo may be discharged from, 748 ARTICLES. See Agreement with Crew ASSESSORS on Board of Trade Inquiry, 49. See Inquiry and Investigation on Court of Survey, 529. See Court op Survey appointment and qualifications of, Appx. No. 1 (B), p. 648 AVERAGE meaning of, in bill of lading, 65. See also General Average BALLAST, master's duty to provide, 247 may take goods as, 257 clearance for ships in, 766. See Clearance what ships deemed to be in, 766 BARRATRY. See also Offences what it is, 216, 217 3 A 7S8 INDEX. The figures refer to the sections. BAB,B,A.TRY— continued. by whom it may be committed, 216 not by master who is sole owner, 216 otherwise if he is part owner, 216 is one of the perils insured against, 216 what acts barratrons,. without proof of intent, 217 act not barratrons when owner consenting party, 217 what acts are not barratrous without proof of intent, 218 mistalice, or ignorance, is not, 218 acts which have been held to be barratrous, 219 compulsory submission to Tiolence of crew is not, 220 what is barratry in the mariners, 220 liability of underwriters of policy in favour of owner, 221 when ship is chartered, 221 when master is supercargo or consignee, 221 barratrous deviation does not discbarge them, 215 statutory provisions, 222. See Offences BILL OF EXCHANGE may be given with bottomry bond, as collateral security, 425 BILL OF HEALTH, master must keep, 121 what it is, 128 when required, 128 BILL OF LADING. See also CHAETBEPAETy, Contract of Caebiagb warranty of seaworthiness in, 90. See Sbawoethinbss what it is, and by whom signed, 329 its form and contents, 329 to whom consigned : assigns, 329 stamp, 329 copies, and what done with them, 329 one kept by master, 121, 329 liability of consignee or indorsee for demurrage and damage for detention, ■ 156. See Demueeage for freight, 268. See Febight holder of, when affected by charterparty liens, 302-310. See Chabtee- PAETY, Liens when master may sue on, for freight, 315 for demurrage and other claims, 316 master's authority in giving, 330-333 mate's receipt, 247, 330 right of shipper to bill of lading in exchange, 330 bUl given in exchange for receipt, 330 or to shipper alone, where no receipt, 830 consequence of doing otherwise, 330 in what form, 331, and see addenda master's duty to see that bill of lading is accurate, 332 no authority to sign for goods not on board, 332 nor to ^ign more than one set of bi^s for same goods, 332 nor to deprive owner of agreed freight, 333 and addenda when master may give bills at less than agreed freight, 333 "without prejudice to the charter/' 333 effect of, as evidence, 334^338 against master and shipowner, 334 against shipowner, how far conclusive, 334 under Bills of Lading Acts, 1855, 335 bill of lading in hands of consignee, &c. , conclusive evidence of ship- ment as against master, &c., 335 how far master bound by statement of weight in bill of lading, 335 acknowledgment as to "condition," 336 effect of memorandum "weight, contents, and value unknown," 336 "quantity and quality unknown," 337 memorandum does not strike out invoice quantity from bill of lading, 337 qualifying words inconsistent with " clean bill of lading," 338 INDEX. 739 The figures refer to the sections. BILL OF hADlUG— continued. effect of, to vendor's order, in preserving right of stoppage in transitu, 380. See Stoppage in Transitu transfer of bill : how to be made, 339 indorsement in blank, 339 in full, 339 how long bill of lading continues in force, 340 effect of transfer upon property in the goods, 341-349 title is in first transferee for value, 341 transfer of unindorsed bill drawn to order confers no title, 342 by unauthorised holder gives, in general, no title, 343 of bill assignable on performance of condition, 344 conditional on acceptance of draft, 344 assignee not in general bound by conditions of charterparty, 156, 302 - 310, 345. See CHABTBEPAKTr, Demurrage, Lien effect of "freight and all other conditions as per charterparty, " 309, 345 of notice to indorsee of interest of persons other than the indorser in the goods, 346 when holder may transfer greater rights than he possesses, 347 (1) so as to defeat stoppage in transitu,, 347, 395-399. See Stoppage IN Transitu (2) when "mercantile agent'' within the Factors Act, 347 as against shipowner, 848 whether transfer passes entire property in the goods is a question of intention, 349 effect of transfer of bill upon the contract contained therein, 350-3.'j4 before the Bills of Lading Act, 350 Bills of Lading Act, 1855, 350 rights under bills of lading to vest in consignee or indorsee, 350 not to affect rights of stoppage in transitu or claims to freight, 350 contract not transferred unless property transferred, 351 position of pledgee or agent holding bill of lading, 309, 351 not always liable to be sued thereon, 309 effect of indorsement on liabilities, 352 indorsement over, passing property discharges consignee or prior indorsee, 352 but not shipper, 352 semble, transfer after right delivery of the goods does not transfer contract, 353 reindorsement retransfers contract, 354 charterer sometimes liable on, notwithstanding cesser clause, 808. See Charterparty liabilities of master and owner upon the contract contained therein, 855 to consignor : his rights under the bill, 355 to consignee, 355 whether master's signature binds owner or charterer, 356 liabilities of shipowner, when ship chartered, but not demised, 356 meaning and effect of exceptions in the bill of lading, 236, 357-369 they limit liability but not duty, 357 do not in general excuse negligence, breach of contract, unseaworthi- ness, or mishap during deviation, 236, 357. See Deviation nor relieve from contribution in general average, 357 " The act of God," 358 " dangers and accidents of seas, rivers, and navigation," 359' damage by straining of wine casks in heavy weather, 359 sea-water admitted by rats, 359 or by accident in course of unloading, 359 "risk of boats," 359 do not include damage by rats, 360 or seizure under revenue laws, 360 or improper stowage, 360 temporary obstruction does not dissolve contract, 360. See also Chaeteepaety "perils of the seas " in policies of insurance, 361 "heating," "decay," "rust," &c., 362 negligence clause, 236, 363 "pirates," "robbers," and "thieves," 364 740 INDEX. The figures refer to the sections. BILL OF hADmG— continued. "restraints of princes and rulers," 365 do not include legal proceedings, 365 an "actual operative restraint," 365 embargo, blockade, 365 " the king's enemies," 366 charterparty exceptions may be incorporated, 368 but bill'of lading exceptions do not affect liability to charterer, 368 by what law governed, 369 freight payable under, 280, 305, 306. See Fkeight, Lien delivery of cargo to person presenting, 319 et seq. See Dblivbey BIRTHS, entry in log, and return of, 126 in list of crew, 225 BOILER EXPLOSIONS, to be reported to Board of Trade, addenda, 686 BOARD OF TRADE, its general functions with reference to masters and seamen, 1, 2 department to superintend merchant shipping, 1 proof of documents issued by, 1 may issue forms of instruments required by Merchant Shipping Act, 1 such instruments exempt from stamp duty, 1 penalties for forgery of seal or forms, 1 for not using forms issued, may require returns, &c., from consular and other ofEcers, 1 production to, of log-books, &c., by superintendents of marine offices, 1 power of its officers to inspect documents and muster crews, 2, 119 to summon master to appear and give explanation, 2 other powers and duties, 2 with respect to local marine boards, 3. See LOCAL Marine Boards to control mercantile marine offices, 5 to establish such offices where no local marine board, 4, note (a;) in London to constitute saUors' homes such offices, 7. See Mbecantile Marine Offices fees authorised by, 7, note (e), 595, note (t). See Fees naval courts to report to, 13. See Naval Courts powers of, over examinations for certificates of masters and mates, 25-31 with respect to pilotage certificates for masters and mates, 33-35 with respect to engineers' certificates, 37-39 to report as to colonial examinations for certificates, 40 to cancel or suspend certificates on conviction of offence, 42. See Certificates of Officers power to appoint inspectors, 528 powers of such inspectors, 46, note {y). See Inspectors surveyors of. See Stjeveyoes powers of, as to inquiry into wreck or casualty, 46, 50. See Inquiries, etc. to order re-hearing, 55 court holding investigation to report tq, 46, 54 power to investigate alleged incompetency, &c., of officers, 51 powers of, with respect to cancelled or suspended certificates, 54, 55. See Certificates of Officers to make rules respecting boats and life-saving appliances, 107,* 108. See Boats, etc. may sanction modifications of leadline table, 112 to appoint Lloyd's committee or other body to approve position of disc, 112 may make regulations as to leadline marks, &c., 112. See Loadlinb may approve regulations as to carriage of grain, 259, Appx. No. 5, p. 669 plans for construction of grain ships, ibid. p. 670. See Grain Cargoes official log to be kept in form sanctioned by, 123. See Official Loa return to be made of births and deaths as directed by, 126, 225 officer of, to enter tonnage of space occupied by deck cargo in ship's log, 252 may determine fees payable on engagement of apprentices, 470. See Apprentices INDEX. 741 The figures refer to the sections. BOARD OF TnAD^— continued. may alter form of apprenticeship agreement for sea-fishing service, 471, p. 676 may license persons to procure seamen, 473 seamen's agreement to be in form sanctioned by, 474, 479, Appx. No. 7 proviso in case of colonial ships, 474 to sanction forms of reports as to fishing boats' crews, 475, note («•) of allotment notes, 484. See Wages of Seamen to regulate allotments in favour of savings banks, 484 payment out of savings bank may be made through, 484. See Savings Banks account of wages and certificates of discharge to be made in form sanc- tioned by, 487 return of claims to be in form sanctioned by, 487 report of character to be in form sanctioned by, 487 to be transmitted to nominee of, 487. See Discharge op Seamen consul to account to, for wages of seamen left abroad, 489. See Wages of Seamen powers of, as to relief of distressed seamen, 490. See Disteessbd Seamen may give facilities for remitting seamen's wages, 492 exemption from legal proceedings respecting money orders, 492. See Money Oedees may establish seamen's savings banks, 493. See Savings Banks to apply money due from itself to deceased persons, as money of deceased seamen, 493 powers of, with respect to wages and effects of deceased seamen, 519, 520. See Deceased Seamen report of survey of provisions and water, to be sent to, 524 may appoint officers and make rules respecting such survey in case of certain long voyages, 107, 524, Appx. No. 9a, p. 700. See Provisions and Watek powers of, with respect to medicines, &c., for ships, 107, 525, 614, note (}). See Medical Inspection, Medical Stores lime juice, &c., must be certified by inspector of, to be proper, 525. See IiIMB JUICE may appoint inspectors of medicine, 525 surveyors of, to inspect crew spaces, 527. See Sctevbtoes oflSeer of, to record draught of water, 113, 528 to survey ships alleged to be unseaworthy, 528. See Unseaworthiness consent of, necessary to prosecution for sending unseaworthy ship to sea, 529 power to detain unsafe ships, 529. See Unsafe Ships officer of, may warn unauthorised persons to leave ship, 532. Ste Imposition power to sanction bye-laws for seamen's lodging-houses, 533. See Lodg- ing-houses death on board foreign-going ship, due to violence, &c., to be reported to, 588. See Offences powers of, with respect to pilotage authorities, 551, 555. See Pilotage Authorities appeal to, against bye-laws of pilotage authorities, 551 pilotage authorities to make full returns of certain particulars to, 552, 555 to permit inspection of books by, 552 to lay returns before Parliament, 552 powers of, with respect to pilotage authorities, 553. See Pilotage AUTHOEITIBS to exempt from compulsory pilotage, 553. See Oompulso.ry Pilotage shipowners may register private code of signals with, 559, note (t). See Signals powers of, with respect to equipment of passenger steamers, 594. Set Passenger Steamer with respect to survey of passenger steamer, 595-599. See Certifi- cates OF Survey, Suevey, Surveyor powers and duties of Emigration Commissioners under Passenger. Acts transferred to, 601, note (op) 7 42 INDEX. The figures refer to the sections. BOARD OF TRAD^— continued. emigration officer appointed by, 600, note (ra) appeal to, from refusal of such officers to grant certificate of clearance, 601 from decision of such officer as to efficiency of crew, 608 duty of, in case of appeal to Court of Survey, 602. See Coubt of Sukvby may release ship forfeited for want of certificate, 603 surveyors appointed by, to survey " passenger ships " before clearance, 606 may modify Passengers Acts as to food, space, &c., in emigrant ships, 607 may authorise carriage, in passenger ships, of naval and military stores, 609, note (;•). See Passisngek Ship power to declare length of voyages of passenger ships, 610 to authorise alternative dietary scale for passenger ships, 612. See Passenger Ship subsistence money for passengers lodged in place under superintendence of, 615, 616, 617 duty of, to prepare abstract of Passenger Acts and Orders in Coupcil, and supply master with copies, 619 powers of, with respect to contract tickets for passengers, 621. See Pas- SENGEES accidents to steam ships to be reported to, 686 notice to be given to, of apprehended loss of ship, 47, note (Z), 686 may recommend modification of Rules for Preventing Collisions, 654. See Collisions may direct payment of life salvage, &;c., out of mercantile marine fund, 690. See Salvage power of, to appoint receivers of wreck, 753. See Rbceivbe of Wkeck to direct fees to be paid to receivers, 754 on salvage valuations, 726 to purchase, on behalf of Crown, rights of wreck, 755 to determine salvage to be received by salvors of unclaimed wreck, 755 to fix remuneration of coastguard for watching or protecting wreck, 711, 757 BOARD OF TRADE INQUIRY, 46-59. See Inquiries and Investigations BOATS AND LIFE SAVING APPLIANCES, master's duty to provide, 108 Board of Trade rules as to, 108, 608, Appx. No. 3, p. 655 penalty, 108 surveyors to inspect, 109. See Sueveyobs certificate in certain cases required before sailing, 109, 131 for passenger ships, 608 passenger ships to have inextinguishable lights for attachment to life buoys, 594 BOTTOMRY BOND. See Hypothecation what it is, 419 differs from respondentia, 419 by whom it may be given, 420 to whom, 421 its form, 422, App*. No. 6 (A), p. 674 its contents, 423, 424 its construction, 426 on ship, 429-443 on freight, 444 BONDHOLDER. See Hypothecation BRITISH POSSESSION, proviso as to form of seamen's agreement for, 474 engagement of seamen in, 477 Customs Acts to extend to, 770 laws of repugnant to Customs Acts, void, 770 INDEX. 743 The figures refer to the sections. BUOY, master not liable for insufficiency of, if sanctioned by authorities, 632 what precautions he ought to take against, 632 BDEIAL, of master or seamen, expenses how to be defrayed, 526 if paid by consul recoverable from owner, 526 CABIN PASSENGERS, not "passengers" within Passenger Act, 600 to be included in "passenger lists," 605, note (m) contract tickets for, 621 CAPTURE, right to freight as ait'ected by, 286-289. See FbeiGHT discharges seamen, 486 CARGO, consignor, or consignee of, may in some cases appoint master, 18 ship must be fit for the carriage of, 91 bad stowage of, may constitute unseaworthiness, 96, 105, 250 meaning of seaworthiness may vary according to nature of, 97 deck loading of, its effect on seaworthiness of ship, 97, 105. See Sba- WOBTHINBSS when delay relieves charterers from obligation to load, 141-145 though no agreement as to time of sailing, 144 when vis major relieves charterer from obligation to load, 149. See Chaetbebe loading and discharging, joint acts of ship owner and cargo owner, 150 laydays, or " reasonable time " for loading and discharging, 151 demurrage and damages for detention in loading and discharging, 150-157 merchant entitled to notice of readiness to receive, 158, 248 but not of readiness to discharge, 158. See Dbmueeagb, Damages FOE Detention, Laydays master to give account of, to harbour authorities, 227 payment of rates on, 227 may be distrained for payment of rates, 227 clearance may be refused for non-payment of rates on, 227. See Hae- BOUE protest against delay in receiving, or loading, 231 owner or consignee of, may reqiiire protest at his own expense, 233. See Peotbsts master's duties and powers with respect to. Chap. V. master generally agent of shipowner, 235 his duties as such agent, 235-237 extent of his responsibility for, 236, 249 as common carrier, 89, 236, and addenda usually limited by express exceptions, 236 extent of protection afforded by exceptions, 236, 357 exception of master's negligence, 236, 357 meaning and effect of the exceptions, 357-369. See Bills of Lading his duty to, in case of damage to ship, 237 or cargo, 237 master's duties as agent of owners of, 238-242, addenda. See Caego OWNBE when he must take steps to preserve from growing damage, 240 not bound to delay or deviate, 240 his duty in port of call or refuge with damaged, 240 when voyage defeated by incapacity of, 241 in case of collision, may sue on behalf of owners of, 85, 242, 400, 685 in case of wreck, 242 no authority to bind owners of, by salvage agreement, 733 his duties on behalf of all concerned, 243-246 to " jettison " in case of imminent danger, 85, 643 744 INDEX. The figures refer to the sections. CARGO — continued. loss by jettison apportioned by general average, 244. See Gbneeal AVEEAGE his duty to preserve for underwriters, in case of wreck, 758 his duties with respect to receiving and stowing, 247-259 to provide ballast, dunnage, ropes, &c., 247 to give notice that ship is ready for, 24S to describe in manifest and cargo-book, 249. iiee Customs master responsible on receipt of, 249 manner of taking on board, 249 mate's receipt and bill of lading for, 249, 330. See Bills op Lading master's duty to receive and stow, 250 consequence of negligence, 250 not liable for wilful injuries by mate or crew, 250 master cannot bind owner by loading so as to violate a statute, 250 stowage of, on deck, 251, 252. See Stowage as affecting general average, 251. See. General Average stowage of, by stevedores, 253-255. See Stevedores who is liable for bad stowage, where ship employed by charterer as general ship, 255, 256. See Stowage, Chartbree a fuU and complete, 257, addenda what parts of ship charterer may fill, 257 guarantee of carrying capacity, 257. See Chaetbrpaety master may take, as ballast, 257 how much he may take on board, 257 statutory load line. 111, 112, 257. See Loadlinb no prohibited or contraband, to be taken, 257. See Smuggling dangerous goods, 258, 529, 609. See Dangbeous Goods of grain, special precautions for, 114, 259, Appx. No. 5, p. 669. See Geain Cargoes of cattle, 91, 259, Appx. No. 2, p. 652. See Cattle when master may sell cargo, 260-264 when perishing in foreign port, 260 or likely to be destroyed by exposure there, 260 as when damaged by sea- water, 260 where the ship is a wreck, 261 not while cargo is in the wreck, at least until efforts to induce salvage have failed, 261 when sale necessary to raise funds for repairs of ship, 237, 262 remedy against shipowner, 262 master must, a practicable, communicate wUh cargo-owner, 263 English law confers no title if sale unjustifiaiMe, 264 foreign law in some cases does, 264 / law of United States where master unabl,^ to sell, 264 when master should tranship, as agent for the shipowner, 85, 265, 266 as agent of cargo-owner, 267. See Tean^hipmbnt freight, 268-289. /See Freight / the master's lien on, 290-311. See Lien' re-delivery of, to consignor, 316-318. See Ee-delivbry delivery of, at port of discharge, 319-328 when master may warehouse, 85, 324, 328. See Delivery stoppage of, in transitu, Chap. VII. See Stoppage in Transitu consignee of, may take bottomry bond, 421 hypothecation of, 85, 237, 419, 445-452. See Hypothecation remedy of owners of, against shipowners, 452 no lien on, for seamen's wages, but may be attached as security for frei^t due, 511. See Wages op Seamen same rnle as regards collision, 639 entitled to release on payment of freight, 639 limitation of shipowner's liability for damage or loss to, 642 rule as to division of loss, in cargo-owner's action for damage by collision, 645. See Collisions valuation of, for purposes of salvage, 725 salvor's lien extends to, 747. See Salvage washed ashore, &o., to be delivered to receiver of wreck, 753 or other proper officer, 753 offences with respect to wrecked, 756 Sec Wreck INDEX. 745 The figures refer to the sections. CARGO — continued. forfeiture of, for breach of Revenue Laws, 759, 761, 765, 766 time and place of landing goods inwards, 760 goods unshipped contrary to regulations forfeited, 760 report of cargo, 761, Appx. No. 16 (A), p. 730 entry and landing of, 762. See CUSTOMS exportation of, 763-768. See Exportation penalty on ship with, departing without clearance, 766. See Clbab- ANCE carriage of, in coasting trade, 768. See Coasting Teade to and from the Channel Islands, 770. See Channel Islands CARGO BOOK. See Customs to be kept by master of coasting vessel, 249, 769 penalty for false entries in, 769 CARGO-OWNER. See also Cargo master's duties as agent of, 238-242 when master becomes agent of, 288 by necessity alone, 238, and see addenda master's duty to communicate with, 239 before selling cargo, 263 before hypothecating it, 449 master's duty when he cannot communicate, 239 to check deterioration, 239 to act as prudent, 239 disbursements on account of cargo may be recovered from, 239 in case of collision, master may sue on behalf of, 85, 242, 400, 685 master's duty to, in case of wreck, 242 master has no authority to bind by salvage agreement, 733 CASUALTY, inquiry into, 45-59. See Inquibies, Wbbck rights of passengers in case of, 615-618. See PASSENGERS CATTLE, infected ship not seaworthy for carriage of, 91 order of Board of Agriculture respecting carriage of, disinfection, &o., 91 note (y), 259, Appx. No. 2, p. 652 carriage of, in passenger ship, 609 CERTIFICATES (Miscellaneous), with respect to life-saving appliances, lights, and fog-signals, required in certain cases, 109, 131, 654 so with respect to medicines, medical stores, &c., 525 for passenger ship, 614. See Medical Stores of survey for passenger steamers, 133, 505-599. See Cbbtificatbs of Survey of clearance for passenger ships, 133, 601. See CLEARANCE penalty for proceeding to sea without, 133, 603 appeal from refusal of, 109, note (r), 602 of compliance with provisions as to agreements and officers' certificates, 132, 225, 478 of payment of tonnage rates, 131, 227 of clearance of last voyage of vessel outwards, to be delivered, 763. See Clearance of goods reported for exportation, 766. See Exportation CERTIFICATES OF OFFICERS, of masters and mates, 25-32 when necessary, 25 of skippers and second hands of fishing boats, 25 note (f), of competency, examinations for^ 25 powers of Board of Trade over examinations for masters' and mates', 26 examinations at ports where no Local Marine Boards, 26 fees to be paid by applicants, 26 to be granted to those who pass, 27 746 INDEX. The figures refer to the sections. CEETIFICATES OF OFFIC^HS— continued. of service, 28 no foreign-going ship or home-trade passenger ship to proceed to sea with- out, 29 for foreign-going ships, available for home-trade passenger ships, 29 registration of grants, cancellations, &o., of, 30 duplicates and entries to be evidence, 30 in case of loss, a copy to be granted, 31 production of, to superintendent of mercantile marine office, 32, 478 pilotage certificates, for masters and mates, 33-35, 55f5 master or mate if examined and passed to receive, enabling him to pilot particular ships, 33 renewal of, 33 pilotage authorities to make regulations respecting, 551 Trinity House Regulation as to, Appx. No. 11 (D), p. 718 Board of Trade to examine and grant to masters or mates on refusal of pilotage authority, 33 fees payable on, and renewals of, 33 for home-trade passenger ships, 34 power to withdraw, 35 appeal, 35 flag to be displayed where master or mate holds, 557. See Pilot Flag of engineers, 25, 36-39 steam ships to carry certificated engineers, 36 of competency, 37 examinations for, and fees, 87 to be granted to those who pass, 37 of service, 38 to be delivered on proof of certain service, 38 registration, copies, production, frauds, &o., 39 when colonial certificates are valid, 40 penalties for false representations for purpose of obtaining, 41 for forging, altering, fraudulently using, or lending, 41 cancellation and suspension of, 42-59. See Inquieies and Investigations by Board of Trade, on conviction of ofllence, 42 for failure to render assistance, &c., in case of collision, 687 by tribunal holding investigation, for incompetency or misconduct, 52 on investigation into a shipping casualty, or by a Naval Court, 52 on supersession by Admiralty or Naval Court, 11, 52 in British Possessions, 52 by Colonial Courts of Inquiry, 53 certificate to be delivered up to be forwarded to the Board of Trade, 54 copy of report to be furnished to owner of, 54 if certificate dealt with on Board of Trade Inquiry, two assessors to have experience in merchant service, 49 and one at least must concur in report, 49, 54 re-issue and return by Board of Trade, 54 re-hearing, 55 appeal, 56, 57, 58 application of provisions to fishing boats, 59 mate's certificate to be returned to him by master on discharge, 487 CERTIFICATE OF REGISTRY, must be kept by master, 121 his duties with respect to, 122 no clearance or transire till after production of, 122, 131 ^ penalty for using false, 122 CERTIFICATES OF SERVICE, for masters and mates, 28 for engineers, 38. See Cektificates op Opficbes for rating of A.B., 474, note (/) CERTIFICATES OF SURVEY, Etc. See also Cleabanob, Passbngisr Ship of passenger steamer, 110, 695-599 exemption of certain steamers from, 596 INDEX. ii^j; The figures refer to the sections. CERTIFICATES OF SURVEY— coni&Med colonial and foreign, for passenger steamers, 596 issue and transmission of, 598 fees to be paid for, 595, 598 how long to continue in force, 595, 599 when Board of Trade may cancel, 599 penalty on master refusing to deliver up, 599 copy of, to be placed in conspicuous part of ship, 599 passenger steamer not to proceed on voyage without, 599 penalty for default, 599 for carrying passengers exceeding number specified in, 599 forgery of, a misdemeanor, 599 C ESSER CLAUSE, 308, 345 and addenda. See CiiAetbepaety CHANGE OF VOYAGE, 184^186 change or abandonment of insured voyage, and its effect, 184 at what point underwriter discharged, 185 what amounts to, 186 difference between and deviation, 185 difference between, and intention to deviate, 182, 184, 186. See Deviation mere clearing out for different port does not, 186 shortening voyage, when, 186 effect on seaman's contract, 479 CHANNEL ISLANDS. See also British Possessions ship and cargo to be reported on arrival at, 770 entry of goods to be laden or underladen at, 770 goods grown or manufactured in, duty free, 770 master to deliver certificate of produce, 770 prohibited goods not to be shipped from United Kingdom, 770 ships not to sail from without clearance, 770 stores for vessels departing from, 770 export and import of spirits from and into, 770 importation of tobacco into, 770 CHARTERER. See also Consignoe master has no lien for disbursements on account of, 78. See DISBURSE- MENTS, Maritime Lien remedy of, for breach of warranty of seaworthiness, 91 how far seaworthiness condition precedent to liability of, 91 when discharged by master's delay in proceeding to loading port, 141 non-compliance with condition as to time of sailing releases, 142 delay does not release where voyage performed, 143 nor where warranty complied with, 143 when delay releases, though no express agreement as to time of sailing 144, 145 even though caused by excepted perils, 145, 147 remedy of, in damages for delay, 141, 144, 146. See Damages though ship arrive before cancelling date, 146 shipowner not liable to, for delay due to excepted perils, 147 may refuse to receive cargo from, where such perils render voyage impossible, 148 provided they be actual and operative, 360, 365 Vis major disabling both parties, relieves from obligation, 149 described as "merchant," 150, note (e) not required to load, lill he has notice of ship's arrival, 158, 248 not entitled to notice of readiness to discharge, 158. See Demurrage, Laydays entitled to have ship at named place of loading or discharge, 158 when relieved by excepted perils, 168, 169. See Chaeterparty, Con- tract OF Caeeiage barratry of master with privity of, 221 of master and owner against, 221 not entitled to notice of arrival at port of call for orders, 223 .: protests by and against, 231, 233. See PeotestS 748 INDEX. The figures refer to the sections. CUART'EBMIl—contmued. effect of appointment of stevedore by, 254 failure to appoint, having option to do so, does not relieve master of duty to properly load, 254 when he employs ship as general ship, who liable for bad stowage, 255 owner and master ^imd/ocie liable, 256, 356 effect of such employment on liens of shipowner, 305. See LlBNS his duty to load a full and complete cargo, 257. See Chaetbepakty what part of ship he may fill, 257 his contract to pay freight, 268. See Freight distinction between loan by, and advance freight, 276 demise of ship to, effect on owner's lien, 301. See Liens lien as against charterer or his agent, unaffected by bill of lading, 303 unless agent holds bill of lading as security, without notice of the charterparty, 304 sometimes liable as bill of lading holder, notwithstanding cesser clauses, 308. See Chabtbbparty when master may sue, on the charterparty, 314 when entitled to re-delivery of goods, 317. See Ee-dbliveey in some cases liable to shippers on bill of lading, 356 exceptions in bill of lading do not affect liability of, 368 CHABTBKPAETY. See Bill of Lading, Conteact op Caeeiage disbursements required by, to be made by charterer, cannot be recovered from owners by master, 78 warranty in, of seaworthiness, 90, 91. See Seaworthiness must be kept by master, 121 master's duty to sail and be ready to load according to terms of, 141-149 consequences of not doing so, 141 when non-compliance releases charterer, 141-145. See Chaeteebe damages for delay, though ship arrive before cancelling date, 146 excepted perils in, relieving shipowner, 147, 148, 236, 357, 368. See Bills OP Lading may be incorporated in bill of lading, 368 relieving charterer, 168, and addenda, 169. See Conteact op Cai^eiagb demurrage and damages for detention,. 150 et seq. See Dbmueeagb described as " Contract of Carriage," 150, note (e) when laydays commence under, 158-161. See Conteact op Caeeiagb, Laydays place of loading or discharging, 158-161 " so near thereto as she may safely get," 159-161, and addenda " always afloat," " at all times of the tide," 160 voyage contemplated by, must be followed without deviation or delay, 175-178. See DEVIATION master, not receiving orders at port of call, may proceed to any port of discharge named in, 223 " Safe port," effect of, in, 223 and addenda clause " charterer's stevedore to be employed by the ship," 254 " a full and complete cargo," 257 guarantee of carrying capacity, 257. See Chaetbeer contract in, to pay freight, 268. See Feeight under time charter, 281 liens expressly created by, 298-300 demise of ship by, effect on owner's lien, 301. See Liens on owner's liability to shippers, 356 on stoppage in transitu of goods consigned to charterer, 879. ;See Stoppage in Transitu on master's authority to bind his owners, 411 on owner's liability for collision, 640. See Collisions on charterer's right to salvage, 705. See Salvage effect on lien of bills of lading differing in terms from charterparty, 301-310. See Chaetbebe, Lien charterparty freight not incorporated by reference, if inconsistent with that mentioned in bill of lading, 306 assignee of bill of lading not in general bound by conditions of, 303, 345 liens conferred by, when enforceable against bill of lading holders, 307 INDEX. 749 The figures refer to the sections. CHARTEEPAETY— cora«i»iMed " other conditions, as per charterparty," 306, 307, 345 and addenda does not incorporate cesser dause, 345 cesser of liability clause in, 308, 345 and addenda construction of, 308 not affected by subsequent circumstances, 308 charterer sometimes liable on bill of lading, 308 shipper not bound to inquire as to existence of, 317. See Rb-dbliveey authorising master to give bills of lading without prejudice to, 333. See Bills op Lading liabilities of shipowner to shipper on chartered ship, 356 master may bind shipowner by, when, 400 under seal, when, 402 CHASING deviation by, 201-203. See Deviation CLEAEANCE duty of master to obtain the necessary clearances, 131-133 national character of ship to be declared before clearance, 131 production of certificate of registry before, 122, 131. See Ceetifioatb of Registet of certain other certificates, 131-133. See Cbetipicates (Miscel- laneous) of certificate as to medical stores, 525 of compliance with provisions as to agreements and officers' certifi- cates, 132, 226, 478 of receipts for light dues, 131, 226. See Haeboues and toimage rates, 131, 227 master of vessels outwards, to deliver certificate of clearance of last voyage, and make entry, 763 if sMp has commenced loading elsewhere, to deliver clearance thence, 763 penalty for default, 763 goods not to be shipped until entry and, 763 otherwise liable to forfeiture, 763 specification for free goods, six days after, 764 except as to salmon, 764 master or owner to deliver manifest and certificate of coal to be used, six days after, 764 penalty for default, 764 clearance outwards, 766 report of inward cargo for exportation to be delivered before, 766 certificates and content to be delivered to proper officer before, 766 additional for goods shipped at other ports, 766 form of content, Appx. No. 16 (C), p. 731 label when signed to be clearance, and authority to depart, 766 of ship in ballast, 766 ships carrying chalk-slate or passengers only, deemed to be in ballast, 7'66 penalty on departing without, 766 officer may board ship after, and demand, 767. See CUSTOMS penalty for not bringing to, 767 time of last clearance, deemed to be time of departure, 767 for coasting ships, 769. See Coasting Ships, Coasting Teadb account delivered to collector to be, 769 form of, 769, Appx. No. 16 (D), p, 732 penalty for not delivering correct, 769 ships not to sail from Channel Islands without, 770 of passenger ships, passenger steamer not to clear without production of certificate of survey, 133, 599. See Certificates op Suevby no passenger ship to clear without certificate of clearance from emigra- tion officer, 133, 601 contents of certificate, 601 nor until master has executed bond to Crown, 610, 620 form of bond, 625 appeal on refusal of certificate, to nominees of Board of Trade, 601 750 INDEX. The figures refer to the sections. OLEARANCE— com Lights for steam ships, 660 mode of screening lights, 660 vessel " under-way," meaning of, 660 Art. 4. Lights for steam ships towing other ships, 661 Art. 5. Signals for ships not under command and telegraph ships, 662 " not under command," meaning of, 662 Art. 6. Lights for sailing ships, 663 Art. 7. Special lights for small sailing vessels, 664 Alt. 8. Riding lights, 665 taking down to trim no excuse for not showing, 665 Art. 9. Lights for pilot vessels, 666 for steam pilot vessels, 666 effect of new provision, 666 Art. 10. Lights for fishing vessels and boats, 667 special provisions as to trawlers, 667 their application, 667 Art. 11. Lightjfor overtaken ship, 668 application of rule, 668 overtaking ship, what is, 668, 673, 677 Art. 12. Sound signals for fog, &c., 669 duty of steamer on hearing, 675 prolonged blast, meaning of, 669 Art. 13. Speed in fog, &o., to be moderate, 670 moderate speed, what is, 670 no general rule as to action with helm in fog, 670 public convenience, no excuse for non-compliance, 670 Arts. 14-23. Steering and sailing rules, 671-680 Art. 14. Two sailing ships, 671 meaning of " close-hauled," 671 " running free," 671 duty of ship hove to, 671 ship in stays, 671 Art. 15. Two ships under steam meeting, 672 application of article, 672 Art. 16. Two ships under steam crossing, 673 overtaking ship is not crossing, 673, 677 application of rule in narrow channels and winding rivers, 673 Art. 17. Sailing ship and ship under steam, 674 strictly enforced against steam ships, 674 Art. 18. Ships under steam to slacken speed, &c., if necessary 675 " if necessary,'' meaning of, 675 how much time allowed to consider, 675 duty on hearing sound signal in fog, 675 Art. 19. Optional sound signals to indicate course, 676 Art, 20. Overtaking ship, to keep out of the way, 677 what it is, 668, 673, 677 Art. 21. Steam ships in narrow channels, 678 INDEX. 755 The figures refer to the sections. COLLISIONS— conimMcci. Art. 22. When ship bound to keep course, 679 burthen of justjfying depaxture from rule, 679 course, not speed, 679 luffing, justifiable, 679 application in winding river, 679 Art. 23. Proviso to save special cases, 680 burthen of proof, 680 examples, 680 immediate danger, what it includes, 680 Art. 24. No ship to neglect proper precautions, 681 examples, 681 Art. 25. Saving for local rules, 682 Alt. 26. Special lights for squadrons and convoys : saving for Govern- ment rules, 683 ^ Art. 27. Distress signals, 684. See Signals Duties of master in case of collision, 685-687 to his ovra ship, 685 when master and crew may abandon, 84, 486, 506, 685 in emergency, 685 authority to sue in rem for collision on behalf of ship and cargo, 85, 242, 400, 685 to enter collision in official log, 124, 686 as to reporting accidents to steam ships, 686 : , to the injured ship, to stay by her, 687 otherwise deemed, unless the contrary proved, to be in fault, 687 owner to give notice of apprehended loss of ship, 686 , salvage after collision, 699 COLONIAL CERTIFICATES. See Cebtificates of Ofpicebs of masters, mates, and engineers, when valid, 40 ; COLONIAL COURTS OP ADMIRALTY, jurisdiction of, over claims for wages, 72 COLONIAL COURTS OF INQUIRY, 58 appeals from, 57. See Inquiby and Investigation COLONIAL GOVERNORS. See Goveenoes of Colonies COLONIAL VOYAGES, definition of, 623 limited application of Passengers Act to, 623 ; Governor may declare length of voyage, prescribe scale of diet, &q., 623 survey of ships in the Colonies, and appointment of surgeons thereto, 623 COLOURS, the flag: its commercial significance, 115 proper colours, 116 penalty for not showing, 116 for carrying improper, 116 COMMON CARRIERS. See Cakgo master and shipowners are primdfacie, 89, 236 usually limit this liability, 236 their Uability as such, 236, 587 and addenda COMMON EMPLOYMENT, doctrine of, 467 , COMPASSES, should be adjusted, 107 statutory requirement for passenger steamships, ibid, note (i), 594 . COMPLAINT seamen's power to make, 5.31. See Imposition ■ 3b 754 INDEX. The figures refer to the sections. COMPULSOEY PILOTAGE, in what cases it exists, 562 in Trinity House Districts, 581 how enforced, 562 what will excuse a master not employing a pilot, 562, note (/») for home-trade passenger ships, unless they have certificated masters or mates, 34, 562 exemptions from — power of pilotage authorities to make and extend, 551 of Board of Trade, 553 for ships passing through pilotage district, 553 where master or mate have certificate, 563 master may pilot certain ships, so long as not assisted by unlicensed persons, 563 Queen in Council may exempt certain ships, 563 exemption for ships in distress, 563 for certain masters, &c., in Thames and Medway, 563 where no nnduly licensed pilot has offered, 563 under Order in Council, Feb. 1854, 564 under Merchant Shipping Act, 1854, 564 for ships in ballast : Order in Council, Nov. 1855, 565 Order in Council, July, 1861, 565 for ships carrying an officer with pilotage certificate, by Order in Council, July, 1857, 565 for ships within certain limits not carrying passengers, 565 extension of, by Merchant Shipping Act, 1862, 566 for home-trade passenger ships having certificated officers, 34, 566 consequences of neglect of duty by master or crew, when ship in charge of compulsory pilot, 567 exemption from liability where pilotage compulsory, 569-575 irrespective of statute, 569 the statutory exemption, 570 foreign ships, 571 foreign waters, 571 default must relate to some duty of pilot, 572 damage must be due solely to his default, 573 burthen of proof, 573 failure to stand by is default of master, 574 where ship in tow, 575 CONSIGNEE OF CARGO. See Caego may in some cases appoint master, 18 named in bill of lading, when liable for demurrage and detention, 156, 315 to whom property passes, his rights and liabilities under the bill, 268, 309, 350-354. See Bill or Lading when liable for freight, &c., apart from bill of lading, 156, 268, and Addenda, 309 not entitled to notice of ship's arrival, 158, 324 bill of lading in hands of, how far evidence of shipment, 335 name of, to be given to collector of rates, 227. See Habbouk . may require protest at his own expense, 233. See Protests stoppage in trcmsitu on insolvency of, 374, 377 delivery to put an end to right, 384-394. See Stoppage in Tran- situ may take bottomry bond, 421. See HYtOTHBCATiON of bullion, to deliver account to officer of customs, 760 name of, to be stated in cargo book, 769. See Customs CONSIGNEE OF SHIP, liable for pilotage dues, 578 may retain amount of such dues paid by him, 579. See Pilotage CONSIGNOR OF CARGO, may in some cases appoint master, 18 under contract to pay freight, 268 may be sued by master for demurrage, 315 INDEX. 755 The figures refer to the sections. CONSIGNOK OF CAHGO-continued. when entitled to re-delivery, 316-318. See Rb-deliveby not discharged by transfer of bill of lading from liabilities thereunder, 352 his rights under the bill of lading, 355. See Bill of Lading his right of stoppage in transitu, 371-373 under what circumstances exeroiseable, 374-381 in what manner, 382, 383 how long it continues, 384-394 how it may be defeated, 395-399. See Stoppage in Tbansitu name of, to be stated in manifest, 764 and cargo book, 769 CONSULAR OFFICER, to make such returns, &c,, as Board of Trade requires, 1 power of, to require production of documents, 2, 119 of lists of persons on board, 2, 119 to muster the crew, 2, 119 to summon the master, 2, 119 to inquire into offences on high seas, 538 to place offender under restraint, 538 to send him in custody to United Kingdom or British possession, 538 together with witnesses, 538 sending home seamen as witness amounts to discharge, 488 depositions taken before, how to be authenticated and certified, 538 when to be received in evidence, 538 power to detain foreign ship that has occasioned damage, 637 Board of Trade may direct return of births and deaths to be made to, 225 master to deposit agreements, indentures, and assignments of apprentice- ships, at foreign port, 225 his duty respecting, 225 seamen engaged in foreign ports to be shipped with sanction and in presence of, 477 duties of, with respect to seamen discharged or left abroad, 489. See Discharge of Seamen duty to relieve distressed seamen found abroad, 490 to send them home, 490. See Distkbssbd Seamen master to report to, in case of seamen dying abroad, 519 to take charge of effects left by deceased seamen, 519 to remit same and their wages to the Board of Trade, 519. See Wages power, on complaint by seamen to examine provisions and water, 524 expenses of medical attendance, &c., borne by, recoverable from owner, 526 master to give facilities to, at foreign ports, for inspection of ships fitting for passengers, 600. See Passengbk Ship power to defray expenses of taking oS or picking up passengers at sea, 617 to forward passengers to their intended destinations, 617 recovery of expenses of so doing, 617. See Passengers his duties when salvage services rendered by her Majesty's ships abroad, 709 to fix amount of bond, 710 to send notice of sum, 710 as to transmission of statements and documents, 710 in cases of wreck of foreign ships, consul-general to be agent of owner, 757. See Wreck CONTAGIOUS DISEASES (ANIMALS) ACT, order under, as to carriage of cattle, &c., 91, note {y), 259, Appx. No. 2, p. 652 CONTENT. See Clbabauce form of, 766, Appx. No. 16 (C), p. 731 when to be delivered by master, 766 CONTRACT TICKET, for passengers. See Paesengees how to be made out, 621 in what form, 621, 626 756 . INDEX. The figures refer to the sections. CONTRACT riCKET— continued. penalty for non-compliance, 621 and for inducing any one to part with, 621 summary remedy for breach of contract, 621 penalty on passengers refusing or omitting to produce, to emigration officer, 621 on owner or master refusing or omitting to produce counterpart, 621 CONTRACT OF CARRIAGE. See Bill of Lading, Chaetbrpakty includes both charterparty and bill of lading, 150, note (e) warranty of seaworthiness in, 90. See Sbawobthinbss demurrage and damages for detention under, 150-170. ^ee DEMURRAGE "laydays " prescribed in, for loading and discharging, 151 otherwise reasonable time implied, 151. See Laydays when laydays commence, 158-161 what is place of loading or discharging, 168-161, and addenda "as near thereto as she may safely get," 159. See Chaetebpakty special clauses further relieving shipowner, 160 "always afloat," " at all times of the tide," 160 semhle, merchant may require ship to go to named place of discharge after taking sufficient cargo to lighten her, 161 whether period of further transit comes to a layday, 161 where no prescribed laydays, merchant not liable for delays beyond his control, 162 aliter, where laydays prescribed, 163 by reference to capacity of ship, 164 by reference to custom, 164 " regular turn," 165 merchant liable when responsible for delay, 166 not for detention attributable to shipowner, 167 but shipowner may be liable to him, 167 " excepted perils," relieving merchant from demurrage, 168, and addenda in general relate only to matters arising after cargo ready to load, 169 exception limited to accidents " preventing the loading," 169 relieving shipowner, 147, 148, 236, 357-368. See Bills of Lading deviation, its effect on the, 175-177. See Deviation delay in prosecuting the voyage, effect of, on shipowner's liability, 178 when it amounts to a deviation, 204^207 delay or departure from direct course, excused by necessity, 208-215. See Deviation contract in, to pay freight, 268, .See Freight lien clause, 298. See Lien master's authority to bind owner by, 85, 400-402. See Shipmaster CONVOY, when master must sail with, 171-174 warranty to sail with, 171 consequence of not complying with warranty, 171 I what is convoy, 172 what is a compliance with the warranty, 173 duty to obtain sailing orders, &c. 174 neglect to keep with convoy ; disregard of signals, 174 COUNTY COURT. jurisdiction of, over claims for wages, 72, 516 or wrongful dismissal, 72 not for disbursements, 72 in suits for damage, 637 not against pilot, 641, note (i) in suits for distribution of salvage, 735 to entertain suits for salvage and towage, 749 judge of, may be judge of Court of Survey, 529, Appx, No, 10, p. 705, note (7i;) COURT OF ADMIRALTY. See Admiralty Court COURT OF RECORD, power of, to arrest foreign ship that has occasioned damage, ^37 INDEX. 757 The figures refer to the sections. COURT OF SESSION power of, to arrest foreign ship that has occasioned damage, 637 COURT OF SURVEY FOR APPEALS, appeal to, against order for final detention of ship, 529. See Unsafe Ships constitution, powers, and procedure of, 529 rules for procedure of, 529, Appx. No. 10, p. 702 list of courts, judges, &c., Md. p. 705 appeal to, against declarations of surveyors of passenger steamers, 598, note (c), 602 refusal of certificate of clearance for emigrant ship, 133, 602, 616, note {a). See Passbngee Ship, Gleaeance refusal of certificate as to lights and fog signals, 109, note (r), 602 power of, on such appeals, 602 CREW. See Seamen meaning of, 465 agreement with to be kept by master, 121. See Agkeembnt WITH Chew to be delivered to superintendents and consuls, &c., 225 list of, containing certain particulars, to be made and kept by master, 121, 225 forms of, Appx. No. 7, pp. 678, 684, 686 of foreign-going ship, to be delivered to superintendent, 225 of home-trade ship, half-yearly, 225 in case of transfer on loss of ship, to be delivered or sent home. 225, 686 duty of, when pilot is in charge, 567. See Pilot CREW SPACE, requirements as to, 527 inspection of, 527 when to be deducted from registered tonnage, 527 CRUISING, deviation by, 201-203. See Deviation CUSTOMS. . See CUSTOMS OppiCBES master's duties under Customs Acts, 759-778 importation and warehousing, 759-762 vessels to come quickly to place of unloading, and bring to at stations for boarding officers, 759 forfeiture of concealed goods, 759, 772, 774 of prohibited goods, 761, 772 of ship carrying the same, 772. See SMUGGLING fine on such ship, exceeding 250 tons, 773 time and place for landing goods inwards, 760 accounts of bullion to be delivered to officer of, 760 report of ship and cargo, 761 form of, Appx. No. 16 (A), p. 730 bulk not to be broken, or stowage altered, so as to facilitate un- lading before report, 761 entry and landing, 762 may be done by shipowner or master in default of goods owner, 328 goods not entered within fourteen days, and small packages may be deposited in Queen's warehouse, 762 combustibles not to be deposited, 762 preservation of lien for freight on goods warehoused, 328, 762. See Liens ship on which goods remain beyond fourteen days may be detained for expenses, 762 illegally importing, 775. See Smuggling exportation, &c., to parts beyond seas, 763-766. See Cleaeance warehoused goods not to be exported in ship of less than 40 tons, 7G3 master to deliver certificate of clearance of last voyage, and make entry outwards, 763 form of entry, Appx. No. 16 (B), p. 731 758 INDEX. The figures refer to the sections. CVSTOMS— continued. goods not to be shipped except on proper days and places, nor until entry and clearance, 763 British and Irish spirits in nine-gallon casks, 763 specifications for free goods six days after clearance, 764 previous entry required for salmon, 764 shipper of fuel deemed to be exporter, 764 master to deliver manifest, and specification of coals for steamers, 764 forfeiture of goods not duly exported, 764 penalty on master, 764 victualling bill for stores, 765. See Stobbs forfeiture of stores illegally re-landed, 765 clearance outwards, 766. See Clbahancb boarding of ships after, 767. See Customs Officer exportation or carriage coastwise of certain goods may be prohibited by proclamation, 768 pre-entry of export or coastwise goods may be required, 768 coasting trade, 769. See Coasting Ships, Coasting Teadb British possessions, how affected by Customs Acts, 770. See Bbitish Possessions, Channel Islands penalty for false declarations and documents, and untruly answering questions, 771 prevention of smuggling, 772-777. See Smuggling quarantine, 778. See Quarantine CUSTOMS OFFICERS. See Clearance, Customs to make returns required by Board of Trade, 1 powers of, to require production of documents, 2, 119 of lists of persons on board, 2, 119 to muster the crew, 2, 119 to summon the master, 2, 119 power of, to institute inquiries in case of wreck, &c., 46. See Inquiries and Investigations documents to be deposited with, at colonial port, 225, 470. See Agree- ment WITH Cbbw, Apprentices their duty respecting, 225 seamen engaged in British possession, to be shipped before, 477 in British possession master to report to, in case of seaman dying abroad, 519 to take charge of effects left by deceased seamen, and remit to Board of Trade, 519 not to clear without production of certificate of registry, 131 of certain other certificates, 131-133, 225, 478, 525. See Clearance, Ceetipicates of receipts for light dues and tonnage rates, 131, 226, 227 not to clear passenger steamer without production of certificate of survey, 131, 599. See Certificates of Survey passenger ship without certificate of clearance from emigration officer, 131, 602 until after survey of provisions and water, and medical inspection, &o,, 611 which does not comply with certain other requirements, 607, 609. See Clearance, Emigration Officer power to detain ships until certificates are obtained, 132, 133, 478, 599 lists of passengers to be delivered to, 605 to be countersigned and returned by, 605 penalty on owner, master, and charterer for neglect, 605 to approve joint obligor of bond, with master of passenger ship, 620 may detain foreign ship that has occasioned damage, 637 when to exercise powers of receiver of wreck, 753. See Receiver of Wreck to board ships arriving in United Kingdom or Channel Islands, 759 accommodation of, on board, 759 to have free access to all parts, 759 may seal or secure goods, and open looks, 759 penalty on master if seal broken, &o., 759 INDEX. 759 The figures refer to the sections. CUSTOMS OFmc^nS— continued. account of bullion to be delivered to, 760 master to report to, within twenty-four hours after arrival, 761 form of report, Appx. No. 16 (A), p. 730 penalty £100 : detention of goods not reported, 761 account of goods on board commissioned ships to be delivered to, 761 master to answer questions put by, 761 may open packages reported " contents unknown;" 761 combustibles landed by, where to be deposited, 762 certificate of clearance of last voyage, and entry outwards to be delivered ^ to, before shipment for exportation, 763 form of entry outwards, Appx. No. 16 (B), p. 731 goods not to be shipped for exportation, vrithout presence or authority of, 763 may open packages and examine goods, 763 delivery to, of manifest of goods shipped, and certificate of coal to be nsed on board steamer, 764 specification for free goods to be delivered to, six days after clearance, 764 master to deliver victualling bill for stores to be countersigned by, 765 if inward cargo reported for exportation, copy of report thereof to be delivered to searcher, 766 content and certificates to be delivered to, before clearance outwards, 766 form of content, Appx. No. 16 (C), p. 731 label signed by, to be clearance, 766. iHee Clbaeancb additional content for goods shipped at other ports, 766 short shipment of bonded goods to be notified to, 766 imshipment, to be sanctioned by, 766 duties of, as to clearing ships in ballast, 766. See Ballast power of, to board any ship after, and demand clearance, 767 penalty, if seals placed by, broken, 767 penalty for not bringing to, at stations appointed for landing, 767 for carrying away ofiBcers, 767 coastwise goods to be unshipped in presence of, 769 master to produce cargo book to, 769 account previous to departure of coasting ship, to be delivered to, 769 to be clearance of ship and transire for goods, 769 form of, Appx. No. 16 (D), p. 732. See Coasting Ships Commissioners of Customs may grant general transires, 769 transire to be delivered to, within twenty-four hours after arrival, 769 exciseable goods not to be unladen without authority of, 769 certificate of origin of goods from the Isle of Man to be produced to, 769 may go on board and examine any coasting ship, 769 powers of, for prevention of smuggling, 773, 775, 776. See SMgGGLiNG penalty on, for unreasonably searching persons, 775 DAMAGES, for not sailing, or being ready to load, according to charter, 141, 146 though ship arrive before cancelling date, 146 for breach of implied agreement not to delay, 144 none, where delay occasioned by excepted perils, 147. See Chaetbkeb, CHABTfiEPAETY for detention, 153. -See Dbmueeagb difference between, and demurrage, 153 measure of, 153 liability of consignee or indorsee of bill of lading for, 155 for delay in conveying cargo to destination, 178. See Delay measure of, for not loading full and complete cargo, addenda, 257 for non-delivery of cargo, 327 for damaged delivery, 327 expense of salving cargo, 327 when non-delivery occasioned by hypothecation, or sale for repairs, 327 for delay in delivery, 327. See Dblivbey in collision action, 648-653. See Collisions 760 INDEX. The figures refer to the sections. DANGBEOUS GOODS. See also Geain CahgobS -^ shipper's duty, if lie ships, 258 ■ consequence of his not giving notice, 258 no warranty by, that goods are fit to be carried on the voyage 258 restrictions on carriage of explosives, 258 ' explosives, what are, 258, note {x) penalty for misdescription, 258 forfeiture of, 258 master may refuse to carry, 258 \ or throw overboard, if shipped without notice, 258 certain articles prohibited as cargo and ballast for passenger ships, 258, 609 DANGEES AND ACCIDENTS OF SEAS, EIVEBS, AND NAVIGATION, meaning of, in bill of lading, 236, 359. See Bill op Lading DEAD FREIGHT, lien for, 298. See Lien what it is, 299 DEATHS, entry in ofiScial log, and return of, 126 in list of crew, 225 inquiry into cause of, on board foreign-going ship, 538 DECEASED SEAMEN, wages and effects of, 519, 520 seamen dying before wages due are paid, 519 master to take charge of, or sell, effects, and make entry in log, 519 to pay to consul or superintendent, with full accounts, 519 penalty for non-compUanoe, 519 recoverable as wages, 519 customs officers and consuls to take charge of, abroad, and remit to Board of Trade, 519 recovery of, of seamen lost with their ship, 519 unpaid, of seamen dying at home to be delivered to superintendent of Board of Trade, 519 under £50, payable without probate or administration, 520 mode of payment under seamen's wills, 520 provision for payment of creditors, and preventing fraudulent claims, 520 mode of dealing with unclaimed, 520 punishment of forgery, &c., in order to obtain, 520 discharged from Navy to be disposed of by accountant-general, 520 expenses of burying, 526. See BuRlAL DECK AND LOADLINES, 111-114. See Loadline DECK CAEGO, 251, 252. See Stowage statutory restrictions on, 252 . In' passenger ships, 609 DECLARATIONS, of shipwright and engineer surveyors, 598 transmission of, to Board of Trade, 598 Board to issue certificates on receipt, of, 598. See Cbetificatbs op SUBVBY appeal against refusal of, 598, note (c), 602. See CouBT oi" Suevby forgery of, a misdemeanor, 599 DEDUCTIONS FROM WAGES, of costs of proceeding before Naval Court, 11 account of, to be included in account of wages, 487 to be entered in wages book, 487 meaning of, 487, note (q) distinguished from forfeitures, and " reductions " consequent on dis- rating, 487, note (q). See Foepbitueb, Disrating INDEX. 761 The figures refer to the sections. DELAY, in sailing, effect of, on policy, 135. See Waheanty "Jto sail " in proceeding to loading part, when it releases charterer, 142-145. See Chaktbebr entitles him to damages, though ship arrives before cancelling date, 141, 144, 145. See DAMAGES unless occasioned by excepted perils, 147 in loading or discharging, 150-169. See Dbmueeage in conveying cargo to its destination, 178 in delivery, measure of damages for, 327 vfhen it amounts to deviation, 204-207. See Deviation voluntarily exceeding allowed period, 204 policy "at and from," delay for necessary preparation allowed, but no more, 135, 205 or purposes of adventure, no deviation, 206 whether reasonable is question for jury, 206 justified by usage, no deviation, 207 excused by necessity, 208-215. See Deviation DELIVERY OF CARGO. See Caego to consignor, 316-318. See Re-delivbey at port of discharge, 319-328 what is place of, 158-161, 328. See Dbmueeage to person producing bill of lading, 319 when bills drawn in sets, to first producer if no notice of other claimants, 320 when notice of adverse claimants, master delivers at his peril, 321 to vendor, if he gives notice to stop, 316, 322. See Stoppage in Transitu vendor must satisfy liens, 822. See Libns where conflicting claims, master should interplead, 323 mutual duties of master and consignee as to delivery, 150, 324 consignee not entitled to notice of arrival, 324 master's duty where consignee not ready, 324, 328 to wait during laydays and demurrage days on expiration of laydays and demurrage days, delivery at usual wharf, with notice, sufficient, 324 mode of, 325 in the Thames, 325 master's duty to make complete, 326 measure of damages for failure in respect of, 327. See Damages shipowner or master may ^nter and land goods, on default of goods owner, 328 right of action for freight preserved, 328, and addenda lien for freight to continue on notice, 328 and discharged on proof of payment, 328. See Liens to consignee, determines right to stop, 384, 391 when part delivery sufficient, 393, 394. See Stoppage in Transitu DEMISE OF SHIP, 301. See Chaetbepaety DEMURRAGE, 150-169 loading and discharging, joint acts of shipowner and goods owner, 150 lay days for loading and discharging, 151 where none, reasonable time implied, 151 demurrage, its strict meaning, 152 " demurrage days," 152 • " despatch money," 152 demurrage, its popular meaning, 152 damages for detention, 152, 153 "working days," "running days," "days," 154 fractions of day, how counted, 155 liability of consignee or indorsee. of bill of lading, 156 for demurrage at port of loading, 156 master's duty to wait during laydays and demurrage days, 157, 324 when the laydays commence, 158-161. See Laydays 762 INDEX. The figures refer to the sections. BEUVRRAG^— continued. consequences of unforeseen causes of delay, 162-166 a reasonable time, how ascertained, 162 where no express provision for laydays, merchant not liable for delay beyond his control, 162 otherwise where laydays prescribed, 163 by reference to capacity of ship, 164 by reference to custom, 164 " all despatch according to the custom of the port," not equivalent to "customary despatch," 164 "regular turn," meaning of, 165 illustrations, 166 merchant liable, if responsible for cause of delay, 166 for what detentions merchant not liable, 167-170 detention attributable to shipowner, 167 exemption by excepted perils, 168, and addenda in general relates only to matters arising after cargo ready to load, 169 clearly so, if exception limited to accidents "preventing the load- ing," 169 demurrage cases on completion of loading, 170 no lien for, at common law, 298. See LiBNS lien reserved by lien clause, 298 construction of lien for demurrage, 300 meanings of demurrage in lieu clause, 300 bill of lading holder not in general affected by demurrage lien in charter party, 307 "other conditions as per charterparty," 307. See Chabtbbpahty, Bill of Lading master may sue for, on contract in his own name, 315 but not on implied contract, 815 compensation by way of, as damages for collision, 653 DEPOSITIONS, when receivable in evidence, 538 how to be authenticated, 588 DERELICT. See Salvage, Salvoes what constitutes a, 718 rights of first salvors, 719 when a second set may interfere, 719 what amount of salvage awarded to salvors of, 781 DESERTION. See also Discipline by master, forfeits accruing wages, 61 by seaman, before completion of voyage, involved entire forfeiture, 505 effect on wages of separation from ship by misconduct not amounting to, 497 burthen of proof as to, 506, 508 before the Merchant Shipping Act, 1854, 506 acts not amounting to, 506, 497, 499 under the Merchant Shipping Acts, 508 facilities for proving, so far as concerns forfeiture of wages, 508 what justifies seamen leaving the ship or refusing to serve, 499, 506 volunteering into navy, 499, 523 when excused by unseaworthiness, 528. See Sbawobthinbss deserters may be sent on board in lieu of being imprisoned, 544 unless 48 hours' notice has been given, 544 entries and certificates of desertion abroad, to be copied, 207, note {g), to be sent home, and admitted in evidence, 207, note (g). penalty for enticing to desert, and harbouring deserters, 546 DETAINING OFFICER, appointment, powers and duties of, 529. See Unsafe Ships DETENTION, of unsafe ship, 529. See Unsafe Ships INDEX. 763 The figures refer to the sections. DETENTION, DAMAGES FOR, 152, 153. See Dbmubba.GE, Damages DETENTION MONEY, 64. See Subsistence Money DEVIATION, what it is, 175 effect of, on liability under contract of carriage, 176, 357 exceptions in contract do not excuse, 357 "liberty to call," 177, 194-200 eilect of, on liability under bottomry bond, 178. See Hypothecation effect of, on the policy, 179-183 condition not to des-iate implied in policy, 179 its meaning, 179 consequences of neglect, 180 underwriter discharged, though loss unconnected with deviation, if subsequent thereto, 180 must be voluntary, 181 mere intention does not amount to deviation, 182, 184 removal from port to port, 182 when compelled to quit course, ship must rejoin by most direct course, 183 but not necessarily at point of divergence, 183 difference between, and change of voyage, 185 intention to deviate, and change of voyage, 182, 184, 186. See Change op Voyage when ship may call at intermediate ports without, 187 usage to do so, 187 usage in East Indian and Newfoundland trades, 187 what is sufficient evidence of usage, 187 where policy directs course, usage inapplicable, 188 order of visiting ports of discharge, 189-193 successive ports specially described, 189 intermediate ports described generally, and subsequent ports named, 190 where ports are not named, 191 not necessary to visit all ports named, 192 when master may sail backwards and forwards without deviation, 193 effect of licence clauses, 194-200 their construction, in general, liberal, 194 what ports may be visited under, 194 only such as lie in usual and direct course, 195 when ports out of the usual course may be visited, 196 when liberty general, purpose of visiting port must be within scope of adventure, 197 licence to touch in certain cases held to give liberty to trade, 198 liberty to seek convoy, &o., 199 when trading at port within the license clauses is a deviation, 200 if it occasions delay or variation of risk, 200 when cruising, chasing, or attacking is a deviation, 201 ship warranted armed may defend herself, and chase, 202 leave to chase, &c., receives limited construction, 203 when delay amounts to, 204-207. See Delay delay or departure from direct course, when excused by necessity, &c., 208-215 moral or physical force, 208 making port to refit, 209 to recruit disabled crew, or to procure stores, 210 stress of weather, 211 avoiding disaster, 212 mere apprehension only justifies reasonable delay for inquiry, 212 seeking convoy, 218 delay, &c., to save lives, justifiable, 214, 728 to save property not so, 214, 728 caused by peril insured against, no deviation, 215 barratrous, no deviation, 215 764- INDEX. The figures refer to the sections. DIAGRAMS, explaining regulations for preventing collisions, 657 DIETAEY SCALES. See PROVISIONS and Water of provisions for passenger ships, 612 power to Board of Trade to alter, 612 alternative scale 0, Appx. No. 13, p. 725 Governor of Colony, &c., may prescribe for Colonial voyages, 623 DISBURSEMENTS,' on account of ship, master entitled to be repaid, 67 remedy for, in Admiralty Court, 69-73 maritime lien for, 70 none in early times, 68 new enactment, 70 Colonial Courts of Admiralty have jurisdiction over, 72 County Courts have not, 72 include all proper expenditure on account of ship, 75 under what circumstances lien for enforceable, 76, 77. See Maeitime LiBN what are dishursemeLts on account of ship, 78, 403-408. See NecbS- SAEIES liabilities incurred, 78 no lien for disbursements on account of charterer, 78 DISCHARGE OF SEAMEN, 485-489 by master, 485 for habitual misconduct, &c., 485, 505 on shipwreck, or capture, 486 on abandonment, 486, 506, 706 unfitness of seamen to proceed, 486 from foreign-going ship, to be before superintendent, 487 master to deliver account of wages, 487 to give seamen certificates of discharge, 487 to return to officers their certificates of competency, 487 settlement of wages on, 487. See Wages of Seamen master to make reports of character, 487 by Naval Courts, 11, 488 by consul, sending home seaman for purposes of justice, 488 abroad, by sale. of ship, &c., certificates of, to be given, and seamen sent home at owner's expense, 489 forcing seamen ashore, a misdemeanor, 489 no seamen to be discharged or left abroad unless sanction or certifi- cate obtained, 489 wages to be paid of seamen left behind on ground of inability, 489. See Wages op Seamen reUef of distressed seamen left abroad, 490. See Distressed Seamen penalty on master leaving certain seamen in distress in this country, 491 remedies for wrongful, 496 before commencement of voyage, compensation for, 498 DISCIPLINE, offences, and punishments on board, to be entered in official log, 124 seamen's duty to observe, 468 conduct subversive of, justifies discharge and forfeits wages, 485, 505 punishment of desertion and kindred offences, 508 deserters may be sent on board, 544. See Desertion of disobedience, insubordination, and smuggling, 508, and addenda master's authority to maintain, 541, 585 to punish seamen, 542 his authority over passengers, 585 extends to arrest and imprisonment, 586 seamen whom masters are compelled to convey, and persons on board without leave, subject to penalties for breach of, 543 penalty for false statement as to last ship, or name 545 .INDEX. 765 The figures refer to the sections. DISCIPLINE— comiiJisjed fines imposed by agreement to be deducted from wages, and paid to super. intendent, 545 penalty for enticing to desert, and harbouring deserters, 546 for obtaining passage surreptitiously, 546 DISPUTES, settlement of, between seamen and their employers, 530 as to wages, 11, 487, 516. See Wage3 op Seamen DISRATING, punishment by, 474, note (§') DISTILLING APPARATUS, in passenger ships, Order in Council permitting, 619, Appx. No. 14 (D), p. 729 DISTRESS, for port and light dues, 226 for tonnage rates, and rates on goods, 227 disputes as to charges occasioned by, to be settled by justice 227 sums ordered to be paid by master or owner, leviable by, 548 signals of, 684, 700 penalty for improperly using, 700. See Signals DISTRESSED SEAMEN, found abroad may be relieved and sent hon;e at public expense, 490 masters of British ships compelled to take, 490 when owners and master may be sued for amount advanced, 490 penalty on master leaving certain "native" seamen in distress in this country, 491 relief of destitute Lascars, 491 DOCK, DOCKMASTER, 226-230. See Harboue. Hahboue Mastbk DOCUMENTS, what documents the master must procure and keep, 117-121 all necessary for protection of ship and cargo, 117 no false or colourable papers, 117 penalty for carrying false, with intent, &c., 118 certain officers may inspect documents, 2, 119 effect of false, on insurance, 120 on change of masters' documents to be delivered to successor, 122, 130 certificate of registry, 121, 122. See Ceetipicate op Registry agreement with crew, 121, 472-482. See Agreement with Crew charterpaxty, 121. See Chabterpabty bills of lading, 121, Chap. VI. See BILLS OP LADING log-book, official log, 121, 123-127. See LOG-BooK bill of health, 121, 128. See Bill op Health passport, &c., 121, 129. See Passpoet list, &o., of the crew, 121, 225. See CREW, ACCOUNT OP Ceew book of deductions from wages, 121, 487. See WAGES certificates and receipts, 121, 131-133. See Ceetipicates certain, to be deposited with consul at foreign port, 225 proof of, when issued by Board of Trade, 1 without calling attesting witness, 526. See Evidence DOUBLE PAY, when seamen entitled to, 495 master not entitled to, 73, 495, note (m) DRAUGHT, „ ^ ship's, to be recorded, 113, 125, 128. See Loadline DUES, master's duty to pay, 131, 22G 766 INDEX. The figures refer to the sections. DUNNAGE, what it is, 247, note {g) master's duty to provide, 247 EMBEZZLEMENT, in mercantile marine oiEces, punishment of, 8 EMIGRATION COMMISSIONERS, powers and duties of, under Passenger Acts, transferred to Board of Trade, 601, note (op) EMIGRATION OFFICER, appointed by Board of Trade, 600, note (n) master of every ship fitting for passengers to give facilities for inspection to, 600 penalty for failing to comply, 600 no passenger ship to clear without certificate from, 133, 601. See ClbAe- ANCE appeals from, to persons appointed by Board of Trade, 601 to Court of Survey, 133, 602, 616, note (a) poop, deck-house, &c., for passengers to be built and secured to his satis- faction, 604 may allow space for passengers' luggage in measurements of deck, &c., 604 passenger lists to be countersigned by, 605 all passenger ships to be surveyed under direction of, before clearing out, 606 may require cargo to be shifted, 606 may be required by owner to appoint additional surveyers to hold fresh survey, 606 to be satisfied with respect to passenger ships — as to construction of beams and decks, 607 as to berthing of single men, 607 as to space allotted for hospital, 607 as to construction of privies, 607 as to light, air, and ventilation, 607 as to means of making signals, 608 as to fire-engines, anchors and cables, &c., 608 as to efficient crew, 608 as to stowage of cargo, stores, and luggage, 609 as to condition and quantity of provisions and water, 611, 616 as to water tanks or casks, 611 power of, to reject and mark bad provisions, and direct them to be landed, 611 powers and duties of, with respect to such ships touching at intermediate ports to fill up water, 611. See Provisions and Watbk passenger stewards and cooks to be approved by, 613 to be satisfied as to cooking apparatus, 613 as to medicines and medical comforts for passenger ships, 614, 616 to appoint medical officer to inspect medicines, &c., and passengers, 614 in case of sickness may prohibit embarkation of passengers, or require them to be relanded, 614. See Medical Inspection may recover passage and subsistence money for passengers relanded, 615 for whom no passage is provided, with compensation, 616 subsistence money, for passengers detained, 616 ships putting back, to be reported to, and to obtain fresh certificates from, 616 duty of, to take bond for conveyance of passengers in case of wreck, 617 power of, to recover their passage and subsistence money on default, 617 to remove passengers from damaged ship, 617 penalty on passengers refusing, 617 penalty for refusing to produce contract tickets, and counterparts, to, 621, master's list of passengers brought into United Kingdom, to be delivered to, 624 INDEX. 767 The figures refer to the sections. EMPLOYBBS AND WORKMEN ACT, extension of, to seamen, 530 EMPLOYERS' LIABILITY ACT, seamen excluded from, 467 ENGINEERS OF STEAMSHIPS, their certificates, 25, 36-39. See Certificates of Oppicbes when colonial certificates valid, 40 power of Board Trade to investigate conduct of certificated engineers 51 ENGINEER SURVEYORS, to survey passenger steamers, 597, 598. See Sueveyoes ENTRY, of goods inwards, 762 of ship and goods outwards, 763. See Exportation specification for free goods, six days after clearance, 764 previous entry required for salmon, 764 pre-entry of any export or coastwise goods may be required in case of emergency, 768 outwards of ship and goods brought coastwise may be made without land- ing, 769 inwards and outwards of goods in the Channel Islands, 770 EQUIPMENT OF SHIP, master's duty in equipping ship for sea, 107-110 to see that ship is seaworthy, 90-95. See Seaworthiness to see that nautical instruments are in order, 109 to provide stores and supplies, 106, 524. See Peovisions and Water medical stores, 106, 107, 525. See Medical Stores boats and life-saving appliances, 108. See Boats, etc. lights and fog-signals, 108. See Lights, Fog-signals provisions for enforcing rules and regulations, 109 of steamships, 110, 594. See Passenger Steamer of passenger ships, 110, 606-610. See Passenger Ship EVIDENCE, of documents issued by, or under direction of, Board of Trade, 1 of grants, cancellations, &c., of oflBcers' certificates, 30 in case of loss, 31 entries in log receivable in, 127 document purporting to be submission to or award of superintendent, to he prima facie, 487 superintendent may call for, in determining questions of wages, 487 superintendent's voucher for payments made before him to be, 487 of bill for wages of seaman left behind abroad, 489, note (A) in proceeding for wages of seaman lost with ship, 519 in proceeding by consul to recover seaman's medical expenses, &c., 526 depositions, when receivable in, 538 attesting witness, though required by Merchant Shipping Act, need not be called to prove document, 549 certified counterpart of bond by master of passenger ship receivable in colony, 620 of proclamations by colonial governors, 628 burthen of proof in collision cases, 629, 654, 656. See Collision attested copy of valuation for salvage receivable in, 726 EXAMINATION, of masters and mates for certificates of competency, 26 for pilotage certificates, 33, 34 of engineers, 37. See Certificates of Officebs 768 INDEX. The figures refer to the sections. EXAMINATION— coKtiTOMed. of pilots, under provisional order of Board of Trade, 553. Set Pilot TiTfTBTWDTCR by sub-commissioners of Trinity House, 680. See Trinity House EXCEPTED PERILS. See Exceptions EXCEPTIONS in charterparty, relieving shipowner, 147, 148, 236 may be incorporated in bill of lading, 368 relieving charterer, 168, and addenda, 169. See OhARTBREE, ChARTBE- PARTY, Contract op Caeeiagb in bill of lading, 236, 357-369. See Bill op Lading do not affect liability of charterer, 368 EXPLOSIVES. See Dangbrous Goods, Gunpowder restrictions on carriage of, 258, 609 EXPORTATION. See also Customs warehoused goods not to be exported in ship of less than 40 tons, 763 clearance of last voyage to be delivered, 763 shipment of goods for, 763 to be on proper days and places, and not until entry and clearance, 763 British and Irish spirits to be in casks of nine gallons at least, 763 of free goods, 764. See Entry of fuel to be used on board only, 764. See Exporter manifest of goods and certificate of coal to be delivered, 764 penalty for not duly exporting warehoused or drawback goods, 764 shipment of stores, 765. See Stores if inward cargo reported for, copy of report to be delivered to searcher, and certified, 766 clearance outwards, 766. See Clbabance short shipment or unshipment of bonded goods to be notified, 766 goods shipped contrary to provisions, forfeited, 766 time of, defined, 767 of certain goods may be prohibited, 768 pre-entry of any goods for, may be required in emergency, 768 from Channel Islands, 770 EXPORTER. shipper of fuel to be used on board only, deemed to be, 764 FACTOR'S ACT, effect of indorsement of bill of lading by " mercantile agent," 343, 347 FALSE DECLARATIONS, relating to customs, penalty on, 771 FEES, penalty on superintendents and others taking, for supplying seaman, 6, 473, and addenda authorised by Board of Trade, 7, note (c), 595, note (i) on examination for certificates of masters and mates, 26 of engineers, 37 on pilotage certificates, 33 on apprenticeships, 470 on survey of passenger steamers, 595 penalty for receiving unauthorised for survey of passeager steamers, 597 on surveyor under Passenger Act, 606, note (c) payable to receiver of vnreck, 754 may be defrayed out of sale of wreck, 752 INDEX. 769 The figures refer to the sections. FINES. See Fokfbitubb, Discipline, Oppbnces regulations as to pumshmeBt by, to be contained in agreement, 474 to be deducted from wages, and paid to superintendent, 545 FIRE, protection of harbours, &o., from, 230 penalty on persons lighting, 230 power to extinguish, 230. See Harboues excepted in common form of bill of lading, 329 maliciously setting fire to ship, 535. See Offences FIRE-HOSE, steamships to be provided with, 110, 594 FISHING BOATS, application to, in Scotland, of Part III. of Merchant Shipping Act, 3, note {m} duties of superintendents respecting, and their crews, 6, note (J) skippers of, and second hands in certain cases, to have certificates, 25, note (i) register of certificates, 30, note (t) inquiry into death, &c., on board, or casualty to, 46, note («) into casualty to boat belonging to, 47 application to, of provisions of Merchant Shipping Acts respecting cancella- tion of certificates, &c. , 59 official log of, 123, note (6) agreement with crew of, 468, 474, note (c) penalty for shipping without, 474, note (n) manner of entering into, 475, note (o) running agreements for, 475, note (r) reports of crews, ibid. for fishing-boats belonging to same owners, 476, note (t) alterations of void, unless consented to, 481, note (p) penalty on skipper for falsifying, ibid. apprenticeship to, 471 account of wages to be delivered, 487, note (r) on discharge, skipper to give certificate of discharge, and return certificates of competency 487, note (<) lights for, 667. See Collisions FLAG, its commercial significance, 115 proper colours, 116 penalty for not showing, 116 for carrying improper, 116 FLOTSAM, included in term "wreck," 689, 753 FOG. See COLLISIONS speed in, to be moderate, 670 no general rule as to action with helm in, 670 FOG-SIGNALS, master's duty to provide means of making, 108 provisions for enforcing rules concerning, 109 Board of Trade surveyors to inspect, 109 appeal from refusal of certificate as to, 109, note (r), 602 rules concerning, 669 duty of steamer on hearing, 675. See COLLISIONS FOREIGN-GOING SHIP, definition of, 25, note (p) -, ^ „, not to proceed to sea without certificates of master and mates, 25 certificates for, available for home-trade passenger ships, 29 agreements of seamen of, to be made before, and attested by a superinten- dent, 475 3 c 770 INDEX. The figures refer to the sections. FOREIGN-GOING SHlF—continv^d. making short voyages, may have running agreements, 475 changes in crew of, to be reported, 475 , production of agreements, and officer's certificate of, 478 forms of agreement for, 479, Appx. No. 7 (A), p. 676 inquiry into cause of death on board, 538 FOREIGN SHIP, power to arrest and detain, when she has occasioned damage, bil within British jurisdiction to be subject to regulations for preventing col- lisions, 655. See Collisions regulations may be applied to, on high seas, by Order in Council, 655 in coasting trade, subject to same rules as British ships, 769 FORFEITURE, of master's wages, 61-63 what forfeits all his accruing wages, 61 what is not sufficipnt to work a forfeiture, 62 what forfeits part of his wages, 63 distinction between and "deductions," 487, note (j) of seaman's wages, 505-508 by Naval Court, 11 for misconduct before the Merchant Shipping Acts, 505 what conduct causes forfeiture, 505 misconduct in port more leniently considered, 505 for desertion, 506. See Dbsbetton what amounts to a waiver of the forfeiture, 507 statutory provisions as to, 508 for refusal to defend ship, 508 for desertion and kindred offences, under Merchant Shipping Acts, 508. See Dbseetion for disobedience, embezzlement, and smuggling, 508, and addenda proof of desertion, so far as concerns forfeiture, 508 of costs of procuring imprisonment, 508 amount of, how ascertained when seamen contract for voyage, 508 application of, 508 questions of, to be decided in suits for wages, 508 may be decided by Naval Court, 11 of passenger ship, for proceeding to sea without certificate of clearance, 133 603. See PASSENGER Ship of salvage reward, by misconduct, 743-746. See Salvage of ship and goods, for breach of Revenue Laws, 257, 759, 761, 764,765, 772 , 774 fine in lieu of, 773. See Smuggling for concealing national character, 118 of dangerous goods sent in contravention of the statute, 258 FORGERY, of seals and forms issued by Board of Trade, 1 of officer's certificates, 41 of log-entries, 127 of report of seaman's character, 487 to obtain wages, &c., of deceased seaman, 520 of declaration, or certificate of survey of passenger steamer, 599 of documents required by Customs Acts, 771 FORMS, of bill of lading, 329 of bottomry and respondentia bonds, 422, Appx. No. 6, pp. 674, 675 of agreement with crew, 479, Appx. No. 7, pp. 676, 682, 686 of governor's or consul's certificate of expenditure in the case of passenger shipwrecked, &c., 617, note (i) of passengers' list, 625 of bond to be given by master, and owner or charterer of passenger ship, 625 of cabin passenger's contract ticket, and counterpart, 625 of passenger's contract ticket and counterpart, 625 of salvage bond, 709, Appx. No 15, p. 729 INDEX. 771 The figures refer to the sections. FOBMS — continued. of report of ship, 761, Appx. No. 16 (A), p. 730 of entry outwards 763, Appx. No. 16 (B), p. 731 of content of ship, 766, Appx. No. 16 (0), p. 731 of clearance label, 766 of transire, 769, Appx. No. 16 (D), p. 732 to be used on inquiry into shipping casualty, Appx. No. 1, p. 6i7 on appeals to Court of Survey, Appx. No. 10, p. 706 FEBEBOAKD. See Loadline meaning of, 125, note (o) particulars respecting, to be entered in official log, 112, 118, 125, Appx No. 4, p. 665 FREIGHT, what it is, and when payable, 258-275 shipper under contract to pay it, 268 consignee or indorsee of biU of lading, 268 receiver of the goods, 268 on readiness to deliver at destination, 269 when carriage prevented by cargo-owners, 269 none on iUegal voyage, 269 test of right to freight, 269 "on right delivery," meaning of, 269 when goods ready to be delivered cannot be landed at destination, 270 for animals which die on voyage, 271 when ship is disabled, master may still earn freight, 272 underwriters on ship have no right to, earned after abandonment, 758 none when master sells the cargo, 272, 285 when outward and homeward voyages distinct, 273 on damaged goods, 274 on short delivery, freight payable on quantity delivered, 274 short delivery due to excepted perils : lump sum freight payable in full, 274 when made payable at fixed periods, 275 subject to performance of condition, 275 when payable in advance, 276-279. See Advance Peeight whether so payable a question of contract, 276 payable on sailing of ship, 278 how much is payable, 280-282 depends on agreement, 280 sum ascertained, or ascertainable according to ship's capacity, 280 on goods shipped, 280 carried, 280 under time charter, 281 as against consignees or indorsees of bills of lading, 290, 303-306 no right to deduct damages for short delivery, 282 or for injury to goods, 282 when payable pro raid, 283-285 examples otpro raid freight, full freight, and no freight payable, 283 effect of abandonment and subsequent salvage, 284 not where cargo sold by master, 285 how affected by capture, 286-289 court exercises equitable jurisdiction, 286 capture due to fault of cargo, freight recoverable, 287 to fault of ship, not so, 287 captors, when entitled to freight, 288 of goods in neutral ship required to pay freight, 289 unless ship guilty of breach of neutrality, 289 master's lien for freight, 290-292. See Liens for dead freight, 298, 299 for what amount he has a lien, 302 as against charterer or his agents, 302 assignee for value of bill of lading, 303 charterer's agent under advances to him, 304 shippers, and those claiming under them, where ship used by charterer as general ship, 305 772 INDEX. The figures refer to the sections. FnElGHT— continued. .^ . . ^ . charter party rate of freight not incorporated by reference, if inconsistent with that mentioned in bill of lading, 306 re-delivery, on payment of, 316 without tender of, 317, 818. See Eb-DBLIVBBT delivery, on payment of, 319 to vendor giving notice to stop, 316, 322 . "freight and all other conditions as per charterparty," meaning ot, in Dili of lading, 307, 345 master's authority to receive goods on, 400, 401 hypothecation of, 418, 419, 444. See HypOTHBOATION maritime lien on, for wages, 511. See Maeitimb Libn for damage, 639 for salvage, 747 cargo may be arrested for, 511, 639 FREIGHTER. See Chaktbebr, Caego-ownbk GENERAL AVERAGE, voluntary sacrifice gives rise to, 244, 295 putting into port to refit or recruit is generally charged to, 245, 296 deck lading not in general a subject of, 251 unless by custom or agreement, 251 law of United States on this subject, 251 master's lien for contribution in, 294. See LiBNS when right to contribution arises, 295 examples of general average losses, 295 what are general average expenses, 296 amount payable under salvage agreement may be, 296 average bond, 297 master's duty to obtain security, and procure an adjustment, 297 bill of lading exceptions do not relieve from contribution, 357 GOVERNORS of Colonies, power of, to relieve distressed seamen, 490. See Distebssbd Sbambn to make regulations as to supply of lime juice, &c., 525 to forward passengers to their destination in certain cases, 617 to defray expenses of taking passengers off or picking them up at sea, 617 recovery of expenses, 617. See Passbngbes to declare length of voyage of passenger ship, scale of diet, &c., 623 proof of proclamation, 623. See PaSsbngbe Ship power to authorise survey and examination of passenger ships, 623 to appoint surgeons thereto, 623. See Mbdical Peaotitionbk GOVERNOR-GENERAL of India. And see Goveenoes of Colonies to direct form of agreement with Lascars, 482 power to adopt Passengers Acts, 623 > to make rules for passenger ships respecting food, passengers, surgeons, &c., 623 to declare in what manner penalties, &c., may be recovered, 623 Indian Act to be enforced in all her Majesty's possessions, 623 GRAIN CARGOES, particulars respecting, to be given to consular, or customs, officer, 114, 259 precautions to be taken against shifting, 259, Appx. No. 5, pp. 669, 671 GUNPOWDER, penalty for bringing into harbour, &c., 230. See Haebotjes restrictions on carriage of, 258. See Dangbeous Goods placing near a ship, with intent to damage it, 534. See Offences INDEX. 773 The figures refer to the sections. HAEBOUR, master's duties in, to his employers, 224 to authorities of, 226-230 to observe regulations, and pay dues, 226 distress for light dues, 226 collection, and recovery of rates, 227 distress for, 227 disputes concerning, to be settled by justice, 227 list of, to be set up, 227 clearance may be vfithheld until payment of, 227 master not liable for results of enforced obedience to authorities of, 228 liability of authorities for negligent directions of their servants, 228 where collision occasioned, 632 penalty on masters for not obeying directions of harbour-master, 228 power of harbour-master to remove, &o., vessels, 228 to order ship to be dismantled, 228 sails to be lowered, when navigating in dock, 228 hawsers, &c., to be fixed to moorings, 228 penalty for cutting moorings, 228 for lying near entrance of harbour, 228 power to remove ship for purpose of repairing harbour or dock, 228 delivery of cargoes and placing of discharged vessels, 229 powers of harbour-master as to combustible matter, 230 penalities in respect of fires, explosives, and combustibles in harbour, 230 power to search for, and extinguish fires and lights, 230 penalty for throwing ballast, &c., into harbour, 230 owner answerable for damage to works, 230 recovery of amount, 230 by owner from his servants, 230 reservation of rules for the navigation of, 654, 682 power to make such rules where none exist, 654. See Collisions HABBOUB-MASTER, powers of, 228, 230. See Haebotje HEALTH, of seamen, provisions respecting, 525, 527. &eCEEw Space, Limb Juice, Medical, etc., Peivies, Peg visions and Watee of passengers, provisions respecting, 607, 614. See Passbngbes, Pas- SBNGBE Ship, and above titles HER MAJESTY'S SHIPS. See Navy, Oppicbes op hee Majesty's Ships HOME-TEADE SHIP, definition of, 25, note (p) when master of, may enter into time agreements with seamen, 592 agreement with seamen to be entered into before superintendent of mercantile marine office for witness, 476 special agreements for ships belonging to same owners, 476 time agreements for, 476 production of agreements and officers' certificates of, 478 forms of agreement for, 479, Appx. No. 7 (B), (C), pp. 682, 686 HOME-TEADE PASSENGER SHIP, definition of, 25, note {p ) not to proceed to sea without certificates of master and mates, 25 certificates for foreign-going ships available for, 25. See CbetipiOATBS op Oppicbes HOBSSS, carriage of, in passenger ships, 609, note (p) HOSPITALS, in passenger ships, 607 774 INDEX. The figures refer to the sections. HYPOTHECATION, the form, contents, and nature of the contract, 418-428 what it is, 418 bottomry, 419 respondentia, 419 who may hypothecate,420 the master, 420 ostensible or substituted master, 420 mate, or consul, 420 owner, 420 to whom bottomry bond may be given, 421 ship's agent, 421 consignee of cargo, 421 person who has appointed the master, 42 1 person already under advances on personal credit, 421 owner's debtor cannot take bond, 421 nor person who knows ship has credit, 421 nor part owner, 421 ioim of the contract, 422, Appx. No. 6, pp. 674, 675 its contents, 423 premium, 423 voyage, 428 maritime risk, 424 bond may not bind owners personally but may be collateral security for bills of exchange, 425 construction of contract liberal, 426 bond may be good as to part, though bad as to residue, 427 foreign bond not supported which does not comply with English law, 427 the rate of interest, 428 excessive, may be reduced, 428 low, suggests no maritime risk, 428 maritime interest not allowed if risk not commenced, 428 nor after it has ceased, 428 where left blank, usual rate allowed, 428 of ship, under what circumstances, 429 necessity, 429 elements of necessity, 429 how far absence of necessity invalidates bond, 429 degree of necessity required, 429 how far owner's consent dispenses with proof of, 430 bond obtained by duress void, 481 for what purposes master may give bond, 432 to obtain necessary money, supplies, or repairs, 432 to defray what charges, 432 advances which can be, or have been, obtained on personal credit cannot be secured by bond, 433 where advances on credit of the ship, bond upheld, 433 bond may be given to release ship from arrest, 484 semble : mere threat of arrest will not justify, 435 nor will arrest by person incapacitated by breach of contract from taking bond, 435 bond for new voyage, if master has authority to undertake one, 436 but not for an unauthorised purpose, 436 in what ports master may give bond, 437 before giving, master must obtain personal credit if possible, 438 must communicate with shipowner, if practicable, 439 making clear the necessity, 489 necessity for communication, how far affected by laches of the owner of the property hypothecated, 440 effect of insolvency of owner on duty to communicate, 441 if owner bankrupt, his trustee must be communicated with, 441 lender's duty before he advances on security of bond, 442 presumption in his favour, 442 necessity of items must be proved notwithstanding inquiry, 442 public advertisement will not dispense with inquiry, 442 not bound to calculate expediency of repairs, 448 INDEX. 775. The figures refer to the sections. HYPOTHECATION— <;on<»raec?. nor to give notice to mortgagees, 443 nor to see to application of money, 443 of freight, 444 master may hypothecate freight when he may hypothecate ship, 444 freight to be earned on a subsequent voyage cannot be hypothecated, 444 ship and freight contribute rateably, 444 of cargo, 445-452 when master may hypothecate cargo, 445 as agent of cargo-owners, 446, 239, and addenda as agent of shipowners, whenever bottomry justified, 447 master cannot authorise lender's agent to sell the cargo, 448 nor give bond on cargo not shipped, 448 nor to secure his personal remuneration, 448 duty to communicate with cargo-owners before hypothecation, 449 cargo never liable for necessities of ship till ship and freight ex- hausted, 450 conflicting bonds, 451 remedy of cargo-owners against owners of ship, 452 the legal efEect and operation of the contract, 453^64 how it differs from a mortgage or pledge, 418, 453 assignable in Admiralty, 453 former jurisdiction of Chancery Court, 458 when the bond becomes payable, 454 on ship's safe arrival, 454 if ship or cargo lost by default of master, 454 when voyage terminated by his voluntary act, 455 when ship lost after deviation, 455 efEect of loss of vessel without default, 456 nothing short of annihilation of thing hypothecated discharges borrower, 457 the bondholder's remedies, — maritime lien, 458 master, but not owners, personally liable, 458 question whether bond can be set off, 458 prior contract merged in bond, 458 claims against cargo should be suspended till ship and freight are found deficient, 459 over what claims bond has precedence, 460. See Maeitime Lien when there are several bonds, a later has priority over an earlier, 460 unless intended to be contemporaneous, 460 mortgagee or purchaser postponed to bondholder during contemplated voyage, 460 ranking of seamen's wages, 461 pilotage, 461 master's wages and disbursements, 461 assets marshalled in master's favour, 461 salvage, 462 claims which confer no maritime lien, 462 bondholder must enforce his claim with diligence, 463 by the law of what country the contract is governed, 464 law of the flag, 464 IMPORTATION, 759-762. See CUSTOMS IMPOSITION, protection of seamen from, 530-535 seamen to be allowed to go ashore to complain to justice, 531 sale of, and charge on wages, invalid, 582 no debt above 5«. recoverable till end of voyage, 532 penalty for overcharge by lodging-house keeper, 532 776 INDEX. The figures refer to the sections. IMPOSITION— coMtinaed. for detaining seamen's efifeots, 532 for being on board without permission before seamen leave, 532 for solicitation by lodging-house keepers, 532 power to make bye-laws respecting lodgings, 533 INCOMPETENCY. See Inquiet and Investigation of oflBcer, investigation by Marine Board or Board of Trade, 51 certificate may be cancelled or suspended for, 52 INDIA (natives of) See Lascars agreements with, to go to Australia, and thence to serve in ships, 482 penalty on master leaving in distress in this country, 491 relief of, when found destitute in the United Kingdom, 491 INEVITABLE ACCIDENT, what it is, 635 consequences of, 635, 643 burthen of proof, 636 presumed where no evidence of negligence, 644 INQUIRIES AND INVESTIGATIONS, inquiries to be instituted in cases of wreck and casualty, 46 formal investigation before justices, 46 general rules, and conduct of proceedings, 46, Appx. No. 1, p. 645 investigations in Scotland, 46 inquiry or investigation in certain other oases may be ordered by the Board of Trade, 47 casualty on boat belonging to fishing vessel, 46, note (m), 47 wreck commissioner, 48 skilled assessors, 49 where certificate to be dealt with assessors to have experience in merchant service, 49 investigation to be before stipendiary who is on Local Marine Board, 50 stipendiary to be paid, 50 power to investigate alleged incompetency or misconduct, 51 cancelling and suspension of certificates, 52. See Cebtipicates of Oppicees Colonial Courts of Inquiry, 53 general provisions, 64 certificate to be delivered up, 54 copy of report to be furnished to ovmer of certificate, 46, 54 re-hearing, 55 appeal, 56 from Colonial Courts, 57 practice on appeals, 58 general rules, 58, Appx. No 1 (C), p. 650 costs, 58 fishing boats, application of provisions to, 59 INSPECTION. See also Suevby of provisions and water, 524. See Peovisioks and Water rules as to, Appx. No. 9A, p. 700 of medicines, 526 of seamen, 527. See Medical Inspection INSPECTORS (of Board of Trade). See also Sueveyoes appointment of, 528 on what subjects to report, 528 powers of, 46, note {y) penalty for refusing to give evidence, 46, note (y) for obstructing inspectors, ibid. of medicines, power of Board of Trade to appoint, duties and powers of, 525 to see that ships are properly provided, 525. See Medical Inspection INDEX. '^^'^ The figures refer to the seotioas. INSUEANCE, implied warranty of seaworbhiness, 90, 94 none in time policy, 95. See, Warranty, Seaworthiness duty to sail according to policy, 135-140. See Warranty to sail with convoy, 171-174. See Convoy, Warranty effect of deviation on policy, 179-183. See Deviation of change of voyage, 184-186. See Change of Voyage when delay is equivalent to deviation, 204-206. See Delay, Devia- TION delay or departure from course, when excused, 207-215. See Deviation barratry is a subject of, 216 of wages, &c., by master lawful, 60 by seamen, unlawful, 603 INTBBPEETEBS, when to be carried in foreign passenger ships, 613 JETSAM, included in term " wreck," 689, 753 JETTISON, when it may be resorted to, 243 is subject of general average, 244, 295 unless in case of deck cargo, 251. See General Average whose agent is master in jettisoning ? 245 JURISDICTION. See also Admiralty Court, Justices over ships lying off the coast, 548 respecting collisions in foreign waters, 637. See Collisions over offences by British subjects abroad, 538, 539. See Offences JUSTICES, formal investigationbef ore, into wrecks and casualties, 46-55. See Inquiries AND Investigations to settle disputes as to harbour rates, 227 jurisdiction of, over claims in respect of damage to quays, &c., 230 over claims on allotment notes, 484 over claims for seamen's wages, 516 to order reimbursement of poor relief, 518 to settle disputes under Employers and Workmen Act, 530 right of seamen to go ashore and complain to, 531 jurisdiction of, over offences under Merchant Shipping Acts, 547 stipendiary magistrate to have same power as two justices, 547 jurisdiction of, respecting breaches of passenger's contract ticket, 621 respecting penalties and moneys recoverable under the Passengers Acts, 622 over offences on passenger steamers, 626 jurisdiction of, to settle disputes as to salvage, 749 manner in which they may do so, 749 may call for documents and administer oaths, 749 appeal from, to Admiralty Court, 750 to transcribe copy of proceedings and certificate of value, 750 power of, to institute examination respecting ships in distress, 753 power of, to settle disputes as to wreck, 755 appeal from decision of, 755 jurisdiction of, respecting goods seized under Customs Acts, 777 respecting breaches of quarantine, 778 KING'S ENEMIES. See Bill of Lading meaning of, in bill of lading, 366 778 INDEX. The figures refer to the sections. LAGAN, included in term "wreck," 689,^753 LASCAES, master to make out and deliver lists of, 225 contracts with, to go to Australia and thence to United Kingdom 48/ penalty on master leaving, in distress in this country, 491 relief of destitute, 491 LAUNCH, collision with, 681 LAYDAYS, what they are, 151 where none, reasonable time implied, 151 when they commence, 158-161 what is place of loading or discharging, 158 where merchant has option to name berth, 158, and addenda where more than one usual place of discharging, 158 where merchant refuses to exercise option, 158 " so near thereto afe she may safely get," 159 special clauses further relieving shipowner, 160 semlle, merchant may require ship to be taken to named place of discharge after taking sufacient cargo to lighten her, 161 custom not to count as laydays period of further transit, 161 when no custom, this period counted, 162 reasonable time how ascertained, 162. See DbmtjREAGB LEGAL PEOCEDUEE. See also Admiralty Court, Justices, Wages op Seamen punishment of offences and recovery of penalties, 547 power of stipendiary magistrate, 547 jurisdiction and mode of service, 548 sums to be paid, leviable by distress, on ship, 548 application of penalties, 548 limitation of time in summary proceedings, 549 proof of documents, 549 for offences under Act of 1876, same as under principal Act, 529 LEMON JUICE, 525. See LiMB Juice LIENS. See also Maritime Lien of master, at common law, — for freight, 290 where goods shipped on owner's account, and bills of lading assigned, 290 consignor's liability continues if lien not enforced, 290 no lien where goods not carried, 291 nor for advance freight, 291 nor for freight payable after delivery, 291 limits of lien, what goods may be detained, 292 can lieu be transferred on transhipment ? 292 master superseded in collection of freight, cannot enforce, 292 for passage money, 293 for expenses for benefit of cargo, and general average, 294. See General Average average bond, 297 master's duty to obtain security, 297 contribution to salvage, 742 none for dead freight, demurrage, &c., 298 by express contract : lien clause, 298 dead freight, what it is, 299 lien for demurrage, 300 rules for construction of this lien, 300 INDEX. 779 The figures refer to the sections. LIENS — continued. when the ship is chartered, — if possession given to charterer, owner's lieu may be lost, 301 for what amonnt of freight lien is enforceable, 302 as against assignee for valne of bUl of lading, 303. See Bill of Lading charterer's agent who is under advances to him, 304 shippers and those claiming under them, where ship used by^ charterer as general ship, 305 charterparty rate not incorporated by reference if inconsistent with the bill of lading, 306 liens conferred by charterparty, when enforceable against bill of lading holder, 307 "other conditions as per charterparty," 307, 345 cesser of liability clause, 308. See Chaetekpaety importance, and risk, of enforcing lien, 310 how the lien may be lost or extinguished, 311-313 by payment, 311 by tender, 312 tender may be dispensed with by excessive claim, 312 or by ref asal of papers or information, 312 voluntarily giving up possession destroys lien, 313 wharfinger in some cases agent to retain possession, 313 goods in warehouse under shipowner's control continue subject to lien, 313 where possession abandoned tlirough fraud or capture, lien may be revived 313 preservation of liens where goods landed on default of their owner, under Merchant Shipping Act, 1862, 313, 328 lien discharged in such case on proof of payment, 328 or by deposit with warehouse owner, 328, and addenda warehouse owner to have lien for rent and expenses, 328 not bound to see to validity of liens claimed, 328 of material man, for work done on ship, 81, 510 LIFE BOATS, LIFE BUOYS, 108, 109, Appx. No. 3, p. 655, See Boats and Life-saving Appliances regulations as to, for passenger ships, 608, Appx. Xo. 3, pp. 655, 658, 659 LIGHTS, master's duty to provide, 108 provisions for enforcing regulations, 109 inspection of, by Board of Trade surveyors, 109 appeal from refusal of certificate as to, 109, note (r), 602 rules concerning, 659-668, 683. See Collisions LIGHT DUES. See Haeboue master's duty to pay, 226 enforcement of : powers of distress, 226 LIMB JUICE AND ANTI-SCORBUTICS, to be provided and kept on board certain ships, 525 to be obtained from bonded warehouse, certified by Board of Trade inspector, &c., 625 to be served out, 525 refusal to take, to be entered in log, 525 penalty on owner and master for not complying, 525 penalty on seller, if of bad quality, 525 power to governors, te., to make regulations as to supply of, 525 regulations of Board of Trade for supply, &c., of, Appx. No. 9, p. 700 LIMITATION OF LIABILITY, of shipowner for damage, loss of life, or personal injury, fa4J, 648 interest allowed on damages for collision, notwithstanding, 654 780 INDEX. The figures refer to the sections. LIMITATION or TIME, in suits for master's wages, six years, 73 in suits for seamen's wages, six years, 73, 515 proviso for case of infancy, &c., 515 in summary proceedings, 516 LIST OF CREW, 121, 225. See Cebw, Agebbment WITH Ckbw LIST OF PASSENGERS, 605, 624, 625 See Passbngbes, Mastbes' List LOADLINE, compulsory leadline, 111 marking of decklines. 111 of loadline on foreign-going British ships, 111 in case of coasting vessels. 111 penalty for offences in relation to marks on ships, 111 position of disc, 112 Board of Trade regulations, 112, Appx. No. 4, p. 663. See BOAED OF Teadb penalty for non-compliance with regulations, 112 particulars of loadline certificate to be entered in official log, 112, Appx. No. 4, p. 665 ship's draught and olearside or freeboard to be recorded, 113, 125, 528 penalty, 113 special provision in case of grain cargoes, 114 penalty, 114 ships with submerged leadlines to be deemed " unsafe," 529 LOCAL MARINE BOARDS, may be required to send returns or reports to Board of Trade, 1 constitution and duties of, -3 conduct of business of, 3 to establish mercantile marine offices, 4 to provide for examinations of masters and mates, 25, 26 to investigate conduct of certificated engineers, 48 to investigate alleged incompetency or misconduct of masters, mates, or engineers," 51 in case of incompetency or gross misconduct, to cancel or suspend certifi- cates, 52. Sie Ceetipicates of Ofpicbrs LODGING-HOUSES, seamen's, power to make bye-laws respecting, 533 penalty for overcharge by keepers of, 532 for solicitation by keepers of, 532 LOG-BOOK should be kept by master, 123 official log to be kept in form sanctioned by Board of Trade, 123 ordinary log, 123 value of log entries, 123 statutory requirements as to entries to be made, 124-127 entry of offences, to be read over to offender, &c. , 124, 545 entries to be made in due time, 124 entries required to be made In official log, list of, 124 orders of Naval Courts, 13, 124 requirements of Merchant Shipping Act, 1854, s. 282, 124 deck and leadlines, 125 draught of water and olearside or freeboard, 113, 125 particulars under Loadline Act, 112, 125, Appx. No. 4, p. 665 births and deaths, 126 wages and effects of deceased seamen, 124, 519 refusal of seamen to take anti-scorbutics, 525 collisions, 124, 686 entries how to be signed, 127 in case of collision, 686 penalties in respect of official logs, 127 for default in entrv of collisions, 686 INDEX. 781 The figures refer to the sections. LOG-BOOK — continued. entries to be received in evidence, 127 official logs to be delivered to superintendent, 127 to be sent home in case of transfer or loss of ship, 127 production of entry in, as to desertion, to person required to indorse agree - ment, 489, note {g) LOSS OF SHIP. See Abandonment, Wkeck inquiries into, 43-59. See Inquieibs and Investigations notice of apprehended, to be given, 47, 686 seaman .entitled to wages earned prior to, 497. See Wages op Seamen proof of, in suits for wages of lost seamen, 519. See Deceased Seamen lists to be sent home in case of, 225, 686. See Chew LOWER PASSENGER DECK, meaning of, in Passenger Acts, 600 MAIL SHIPS ACT, in case of ships exempted from arrest under, lien must be enforced against security, 76, note (s), 637, note (q) forbids conveyance of letters in certain cases, under penalty on master, 540 MAGISTRATE. See Justices, Stipendiaby Magistrate when he may claim salvage, 716 MANAGING OWNER, to give notice of apprehended loss of ship, 47, 686 of fishing boats belonging to same owners, is the owner who may make agreement, 476, note (t) service on, of documents under Merchant Shipping Act, 1876, 529 MANIFEST, when master should begin to fill up, 249 of goods exported, to be delivered to officer of customs, 764 declaration in lieu of manifest in certain cases, 764 MARITIME INTEREST, 428. See Hypothecation MARITIME LIEN, what it is, 74, 638 how to enforce in case of exempted mailships, 76, note (s), 637, note {q) of master, 69-71, 74^83 for wages, 69 for disbursements, 70, 75, 78 whether for wages due under special contract, 71 for what disbursements, 75 under what circumstances enforceable, 76 may be waived or lost, 77 what are " disbursements on account of ship," 78 liabilities incurred, 78 no lien for disbursements on account of charterer, 78 at what time he may enforce it, 79 rights of his personal representative, 79 no lien on other ship of same owner, 79 ranking of master's lien, 80-83 over what claims it has precedence, 81 in some cases postponed to claims for which master himself liable, 81 > solicitor's charge preferred to lien of master who retained him, 81 claim by material men, 81 782 INDEX. The figures refer to the sections. MARITIME LIEN— coniijiwed. bottomry bond, when entitled to priority, 82, 461 assets marshalled in master's favour, 82, 461 seamen's wages have priority, 83, 510 conferred by contract of hypothecation, 453, 458 over what claims bond has precedence, 460. See HYPOTHECATION ranking of bond with reference to seaman's wages and pilotage, 461, 510 • to master's wages and disbursements, 82, 461 to salvage, 462 to collision, 460, 638, 639 to claims which confer no maritime lien, 462 of seaman for his wages, 510 to what it extends. 510 it follows the ship, 510 cannot be forfeited by agreement, 494, 510 ranking of seaman's lien, 83, 461, 510, 638 his lien on freight, 511 none on cargo, but cargo may be attached for freight, 511 for viaticum and subsistence money, 512 not lost, though ship already arrested by other clairriants, 513 nor by first proceeding in personam, 513 nor by personal release of owner, 513 may be lost by laches or voluntary waiver, 513 who are entitled to, 514 for damage by collision, 638 attaches at moment of collision, 638 what precedence It has, 638, 639 to what it attaches, 639 where the ship is under charter, 640 of salvors, 747 to what it extends, 747 ranking of salvage lien, 747 priority of life salvage, 690, 691 does not require possession to maintain it, 747 effect of delay in enforcing, 747 no lien on national ship, 747 MARITIME RISK, 424. See Hypothecation MARRIAGES to be entered in ofSoial log, 124 in list of crew, 225 MASTER. See Shipmaster meaning of term In the Merchant Shipping Act, 1854, 25, note (q) in Passenger Acts, 600 of fishing boat. See SiappBE MASTER'S LIST. See PASSENGERS, Emigration Oppicer what it Is, 605 form of, 625 names, &c., of passengers embarked after clearance to be added to, 605 to be countersigned by customs officer, 605 MATE, when first mate succeeds to command, 19 examination and certificates of, 25-32 pilotage and certificate for, 33-35, 556 when Colonial certificate valid, 40 when his certificate may be cancelled or suspended, 42-59. See Oeetipi- CATES op OPPICBES, INQUIRIES AND INVESTIGATIONS certificate to be returned on discharge, 487 mate's receipt, 249, 330. See Mate's Receipt when he may pilot his own ship in the Thames or Medway, 563 when he may remove ship brought into port by pilot, 563 INDEX. 783 The figures refer to the sections. MATERIAL-MAN, has no maritime lien for necessaries supplied to ship, 81 claim of, preferred to lien of master who is part-owner, 81 possessory lieu of, for work done on ship, 81, 510 when it is preferred to wages liens, 81, 510 MATE'S RECEIPT, what it is and when given, 249, 330 exchanged for bill of lading, 249, 330. 8ee Bill Op Lading right of stoppage, in transitu, may be preserved by, where ship owned by consignee, 380. See Stoppage in Teansitu MEDICAL EXPENSES, of master or seaman in case of illness, 526 in certain cases payable by owner, 526 in others, to be deducted from wages, 526 if paid by consul, recoverable from owner, 526 in case of illness of seaman or apprentice through neglect of owner or master, to be paid by them, 626 MEDICAL INSPECTION, of ships, 525 Board of Trade or Local Marine Board to appoint inspectors, 525 to inspect medicines, medical stores, kc, 525 of seamen, 527 Board of Trade and Local Board to appoint inspectors, 527 to examine seamen applying for employment, 527 how remunerated, 527 of passengers and medicine, &o., for passenger ships, 614 emigration officer to appoint medical man to inspect, 614 passenger ship not to clear without inspection, 614. See Cleaeance, Emigeation Ofpicbe MEDICAL INSPECTORS, 525, 527. See Medical Inspection MEDICAL PRACTITIONER, certain ships to carry, 526 when one must be carried on passenger ship, 614 qualification of, 614 penalty, if not duly qualified, 614 his name to be notified to emigration officer at port of clearance, 614 governor of colony, &c. , may authorise for colonial voyages, 623 to enforce rules for health, &c., for passenger ships, 625 MEDICAL STORES, necessary to seaworthiness, 106 to be provided according to scales issued by Board of Trade, 107, 525 penalty on owner and master for non-compliance, 525 penalty for selling of bad quality, 525 inspection of, 525 medicines and medical comforts for passenger ships, 614 inspection of, 614. See Medical Inspection G-overnor of colony, &c., may declare what necessary for colonial voyage, 623 MEDICINES. See Medical Stoebs MERCANTILE AGENT, meaning of, in Factor's Act, 347, note (1-) may transfer greater rights under bill of lading than he possesses, 347 MERCANTILE MARINE FUND, fees on examination for certificates paid to, 37 salaries of surveyors charged to, 37, 597, note (a) relief of distressed seamen abroad charged to, 490 784 INDEX. The figures refer to the sections. MERCANTILE MAKINE FUND— coraimMcci. sums recovered for such relief carried to, 490 proceeds of unclaimed wages and effects of deceased seamen, carried to, 520 fees for certificates of survey carried to, 595, note (s), 598, note (e) proceeds of unclaimed wreck, paid into, 755 MEECANTILE MAEINE OFFICES, formerly called shipping offices, 4, note (t) local marine boards to establish, 4 Board of Trade to have partial control over, 5 general business of superintendents of, 6. See Supbkintendbnts of, ETC. what fees to be paid, 6, note (c) penalty on officials taking other remuneration, 6 business of, may be transacted at Custom-houses, J in Loudon sailors' homes may be, 7 punishment for embezzlement in, 8 MILITARY STORES. See Dangbeotjs Goods carriage of, in passenger ships may be authorised, 609, note (r) MISCONDUCT. See Offences, Inquiries and Investigations of officer, investigation by Marine Board or Board of Trade, 51 certificate may be cancelled or suspended for, 52 MONEY ORDERS, issued by Marine Office superintendents, 492 seamen's wages may be remitted by, 492 Board of Trade may pay lost order, 492 fraudulent issue of, felony, 492 MORTGAGE, postponed to maritime lien, 76, 81 may be preferred to lien of master, who as part owner has mortgaged his share, 81. See Maritime Lien how it differs from a bottomry bond, 419 postponed to bondholder during the contemplated voyage, 460 MORTGAGEE. See Moetga&e master has no implied authority to pledge his credit, 411 MUTINY. See Discipline duty of seamen in case of, 469 master may discharge seamen for, 485 forfeiture of wages for, 505 NATIONAL CHARACTER, of ship to be declared before clearance, 131 forfeiture for concealment of, 118. See Flag NATIVE SEAMEN. See Lascabs, India (natives of). Pacific Islanders penalty on master leaving in distress in this country, 491 NAVAL COURTS, when they may be summoned, and for what purposes, 9 constitution, general functions, and mode of action of, 10 powers of, 11 to supersede master, 11, 43 to discharge seamen and to forfeit wages, 11, 488 to decide disputes as to wages, 11, 488 to direct costs of imprisonment to be paid out of wages, 11 to send home offenders for trial, 11 INDEX. 785 The figures refer to the sections. NAVAL COVRTS—continued. powers of, to order papment of costs, &c., 11 to try master and crew for offences, 12 all orders of, to be entered in official log, 13, 124 report to be made to Board of Trade of their proceedings, 13 penalty for preventing complaint to, or obstructing investigation by, 14 to direct survey of ships, 528 NAVAL OFFICERS. See Ofpicees op H.M. Ships NAVAL EESERVB, 522 NAVAL STORES, carriage of, in passenger ships, 609, note (r) NAVAL VOLUNTEERS, 522. See Navy NAVY. See Om-icees op H.M. Ships seamen joining the Navy, 521-523 impressment for service in, 521 volunteering for service in, 522 Royal Naval Reserve, 522 seamen allowed to leave their ships in order to enter, 523 regulations as to their clothes and wages, 523 penalty if master fails to comply, 523 repayment to owner of advance not earned, by deduction from naval pay, 523 of extra expense incurred in procuring substitutes, 523 penalty for forgery, Sec, in support of applications, 523 NECESSARIES, master entitled to be repaid money expended on, 67-73. See Disbubse- MENTS the supply of, confers no maritime lien, 81. See Material-man master's authority to bind owners by contracts for, 85, 403, 404 not for matters which are not necessaiy, 403 for necessary repairs and supplies, 404 meaning of "necessary," 404 for money borrowed for necessary purposes, 405 provisions, towage, wages, &c., 405 to release ship, 405 no authority to borrow for repairs already executed, 405 as against shipowner, burthen of proving necessity is on lender, 406 no authority if owner or agent can be consulted, 407 proximity of owner not conclusive if necessity pressing, 408 what owners liable for, 409-411. See Shipownebs when bottomry bond may be given for, 429, 432. See Htpothecation NEGLIGENCE CLAUSE, in contract of carriage, 236, 363. See Bill op Lading NEWFOUNDLAND, usage for ships trading to, to deviate for purposes of fishing, 187. See Deviation NOTING A PROTEST, 232. See Pbotbst NOT UNDER COMMAND, signals for ships, 662 meaning of, 662. See Collisions OFFENCES, 534-540. See also Desertion, Discipline, Forfeiture power of Naval Court to try, 12 certain, to be entered in official log, and entry read over, or copy given to offender, 124, 545 3 D 786 INDEX. The figures refer to the sections. OFFE^C^S— continued. and punishments on board, to be entered in ofScial log, 124. See LOG- BOOK, in harbours, 228. See Haeboue desertion and kindred offences, treatment of, 506, 508, 544. See Desbetion punishment of disobedience, insubordination, and smuggling, 508, addenda, 542 piracy, 534 setting fire to ship, &c., 535 placing gunpowder near vessel with intent to damage it, 535 damaging ships otherwise than by fire, 535 exhibiting false signals, 536 removing or concealing buoys, &c., 536 injuring lights, buoys, &o., 536 destroying wrecks, &c., 536, 756. See Weeck misconduct endangering ship, or life or limb, a misdemeanor, 537 conveyance of oflfenders and witnesses to United Kingdom or some British possession, 538 by order of Naval Court, 11 inquiry into cause of death on board, 538 depositions to be evidence when witness cannot be produced, 538 offences by British seamen at foreign ports to be within Admiralty juris- diction, 538 the Queen's courts to have jurisdiction over offences committed on British ships, or by British subjects abroad, 539 offences under Mail Ships Act, 540 of pilots, 579. See Pilots on passenger steamers, 626. See PASSENOBES legal procedure for punishment of, and for recovery of penalties, 547-539. See Legal Peocbdtjee under Act of 1876 deemed to be under principal Act, 529 OFFENDEES. See Offences may be sent home in custody, together with witnesses, by consular offloer, 538 by Naval Court, 11 OFFICER OF ARMY, to relieve distressed seamen abroad, 490. See Dibteessed Seamen power of, to detain ships ordered to be detained, 529. See Unsafe Ships to detain foreign ship that has occasioned damage, 637 OFFICER OF CUSTOMS. See Customs Ofpicee OFFICERS OF HER MAJESTY'S SHIPS, power of, to inspect documents and niuster crews, 2, 119 to relieve distressed seamen found abroad, and to send them home at public expense, 490 to examine provisions and water upon complaint made, 524 to detain ship ordered to be detained, 529. See Unsafe Ships liability of, for collisions, 633 power of, to detain foreign ship that has occasioned damage, 637 when, they may claim salvage, 709 no claim in respect of loss or risk of Queen's ship, 709 how claims to be determined, 709 steps to be taken when such services rendered abroad, 709, 710 consular ofiScer or judge to fix amount of bond to be given, 7^0 additional security, when ship owned by foreigners, 710 documents to be sent to England, 710 whom the bond shall bind, 710 court in which it is to be adjudicated on, 710 power of Admiralty Court to enforce bonds, 710 documents free from duty, 710 punishment for forgery and false representation, 710 not to claim salvage unless service hazardous, 710 apportionment of salvage among, 740 voluntary agreement with to abandon lien, 748 may exercise powers of receiver of wreck in his absence, 753 INDEX. 787 The figures refer to the sections. OFFICIAL LOa, 123-127. See LOG-BooK ORDERS IN COUNCIL, respecting colonial [certificates of competency, 31, ^note (Ji), 40, note (m), 54, notes (ft) (m) Animals' Order 1886, 91, note (?/), 259, note [ex.). See Appx, No. 2, p, 652 colonial and foreign ships may be relieved by, from compliance with com- pulsory leadline, 112, note {d) under Explosives Act, 258, note (x), 768 disbanding Naval Artillery Volunteers, 522, note (r) not necessary to detention of foreign- ships under Merchant Shipping Act, 1876, 529, notes (i) (I) may be made, extending to foreign ships provision against unauthorised persons coming on board, 532, note («) forbidding unUoensed persons to keep seamen's lodging-houses, 533 extending to British consular courts jurisdiction in oilenoes by British subjects on board ships, 539, note (o) extending to foreign ships provisions of principal Act as to discipline, 546, note (c) . power to pilotage authorities to make bye-laws and regulations, and to per- form certain duties by, 551, 580 Bye-laws and Regulations of the Trinity House, Appx. No. 11, p. 709. See Appendices duty of pilotage authority to make returns of, to Board of Trade, 552 on failure, jurisdiction may be transferred to Trinity House by, 552 power to pilotage authorities to grant special Ucences beyond limits of their authority by, 554 conferring exemption from compulsory pilotage in specified cases, 563-565 exempting in certain cases pUot and master from penalty for receiving or offering less than legal rate, 579, note (A), 582 may be made, empowering Trinity House to appoint sub-commissioners for examination of pilots in outport districts, 580 prescribing Trinity House rates of pilotage, 688, Appx. No. 12, p. 722 colonial certificates for passenger ships may be adopted by, 133, 596 may be made negativing adoption of foreign certificates of survey by Board of Trade in certain casds, 596 requiring passenger ships to carry qualified medical practitioner in certain cases, 614, Appx. No. 14 (A), p. 726 may be made in other cases, — for preserving order and promoting health on passenger ships, 619, 623, Appx. No. 14 (B), (C), pp. 726, 727 as to distilling apparatus in passenger ships, 619, Appx. No. -14 (D), p. 729 ■ for prohibiting emigration when epidemic prevalent in United Kingdom, 619, 623 for reducing number of passengers allowed to be carried in passenger ships, 619 Board of Trade to prepare and supply abstract of, under Passengers Act, 619 master to post such abstract between decks under penalty, 619 prescribing regulations for preventing collisions at sea, 627, 654, 660, 666, 667 as to harbours, rivers, &c., in certain cases, 654 applying regulations to foreign ships on high seas, 655 may be made extending statutory provisions with respect to life salvage to foreign ships, 690, 691 prescribing quarantine regulations, 778 OVERLOADING. See Sbawobthiness, Unsafe Ships unseaworthiness by reason of, 105, 257 protection of seamen against, 528, 529 OWNER. See Shipownebs, Cabgo-ownee PACIFIC ISLANDERS, penalty on master leaving in distress in this country, 491 788 INDEX. The figures refer to the sections. PACIFIC IShAND-EBS— continued. master to give bond, and receive Uoenoe for carriage of, 601, note (i) penalty for carrying them without licence, 601, note (p) such conduct barratrous, 219, 601, note (p) PARISH RELIEF, to seamen's families, chargeable on proportion of wages, 518 notice to be given to owner, and charge enforced on return of seamen, 518 in illness caused by neglect of master or owner, recoverable from them, 526 PASSAGE, meaning of, In Passenger Acts, 600 PASSAGE HOME, right to, of seamen discharged abroad, 489, 512. See Dischaegb or Sea- men to be provided for destitute Lascars, &c., 491, See Lascaks PASSAGE MONEY, lien for, on passenger's luggage, &o., 293, 586 none on his person, 293, 586 rights and liabilities respecting, apart from statute, 590 when passenger entitled to return of, at common law, 591 by statute, where passage not provided, 616 not when forwarded by governors, consuls, &c., 617 insurance of, not void on account of risk, 618 of master, discharged abroad, 64 of foreign seamen discharged in this country, 512. See Viaticum PASSENGER ACTS. See Passbngees, Passengek Ships definition of terms used in, 600 power of Board of Trade to prepare abstracts of, 619 abstracts of, to be posted in passenger ships, 619 copies of, to be produced by master to passengers, 619 limited application of, to colonial voyages, 623 Governor-General of India may adopt, 623 application of, to voyages to United Kingdom, 624 PASSENGERS, meaning of term in Merchant Shipping Act, 1854, 595 in Passenger Acts, 600 extent of the master's authority over, 585 extends to arrest or imprisonment, 586 exclusion from table, 586 when he may compel them to give assistance, 586 their remedies if master exceeds proper limits, 586 has no lien on person of passenger, 293, 586. See Passage Mokby the master's duties to the passengers irrespective of the statutes, 587-589 distinction between carriers of passengers and of goods, 587 liability of carriers of passengers, 93, 587 of master and shipowner to passengers, 587 no warranty that ship is seaworthy, 93, 587 to carry all who apply for a passage, unless special grounds for refusal 588 passengers entitled to protection and considerate treatment, 589 to what diet they ^re entitled, 589 rights and liabilities of, under their contract, irrespective of statutes 590 591 effect of fraud and misrepresentation, 590 with respect to passage money, 690, 591. See Passage Monet express contracts, 592 the statutory provisions for the protection of passengers, 593-624 boats and life-saving appliances, 108, 109, 608. See Boats and Lipe- SAviNG Appliances INDEX. 789 The figures refer to the sections. PASSENGBES— cojitijmcc?. rules as to boats and life-saving appliances, Appx. No. 3, p. 655 buUd and equipment of passenger steam ships, 594. See Passenger Stbamees, Steam Ships shelter for deck passengers on board, 594 on voyage to United Kingdom, 624 survey of passenger steamers, 595-599. See Ceetipicate of Scbvby, Passenger Steambes, Suevey in vrhat parts of ship the passengers may be carried, 604 number to be carried, rules for determining, 604 lists of, to be delivered before clearance, 605 cabin passengers to be included in lists, 605, note {u) embarked aiter' clearance, to be delivered by master, 605 on voyage to United Kingdom, to be delivered to emigration ofScer, 624 form of passenger list, 625 penalty on persons found on ships without consent of owners, etc., 605 passenger ships to be surveyed before clearing, 606. See Cleaeance, Passengee Ship single men to be berthed in separate compartment, 607 as to numbers and sexes in one berth, 607 provisions and water for, 611, 612, 624. See Peovisions and Watek passenger stewards and cooks, 613 interpreters, 613 medicines and medical comforts for, 614. See Medical Stores medical inspection of, 614. See Medical Inspection re-landing, on account of sickness, or for purifying ship, 614 penalties for non-compliance, 614 rights of, in case of casualty, 615-618 return of passage money, when re-landed on account of sickness, &c., 615 subsistence money to passengers re-landed, 615 return of passage money and compensation where passage not provided, 616 subsistence in case of detention, 616 Secretary of State, &c., may pay expenses of taking ofE passengers at sea, 617 in cases of wreck or damage, to be provided with passage, and maintained in the meantime, 617 removal of, from damaged ship, 617 penalty on passengers refusing to leave, 617 governors and consuls may send on passengers if master fails to do so, 617 expenses of so doing to be a debt to the Crown, 617 not entitled to return of passage money, or compensation, when forwarded by governors, &c., 617 penalty on master for wrongfully landing, 618 to be maintained on board for forty-eight hours after arrival, 618 right of action of, for breach of contract, 618 penalty on, for neglecting or disobeying rules prescribed for health, order, &o., 619 penalty on persons fraudulently inducing others to engage passages, 621 contract tickets for, 621 form of, 625 penalty for inducing any one to part vyith, 621 summary remedy for breach of the contract, 621 penalty for omitting to produce to emigration ofScer, 621 colonial voyages, application of Passenger Acts to, 623. See Colonial Voyages offences on passenger steamers, 626 penalties on drunken or disorderly passengers, 626 on persons molesting passengers, 626 forcing way on board, 626 refusing to quit ship when f uU, 626 avoiding payment of fares, 626 on persons injuring steamer or molesting crew, 626 manner of apprehending offenders, 626 790 INDEX. The figures refer to the sections. PASSENGERS— coBiijiMetZ. penalty on persons refusing name and address, 626 power to remove passengers who are drunk, or misconduct themselves, 626 when they may claim salvage. See Salvoks passengers on salving ship, 703 on ship salved, 592, 707 what proportion of the salvage they receive, 738 PASSENGEBS' LIST, 605, 624. See Passengeks, Master's List form of, 625 PASSENGER SHIP. See aUo Passbngbe Steamee, Home-teade Passbngee Ship meaning of, in Passenger Acts, 600, note (6) facilities to be given for inspection of, 600 not to clear without certificate from emigration officer, 133, 601, 602. See Ceetieicates, Clbaeance, Emigeation Oeficee forfeiture of, for sailing without certificate, 133, 603 where passengers may be carried, 604. See Passengers how many, 604 on voyages to the United Kingdom, 624 to be surveyed before clearing, 606. See Clbaeauce, Suevby not to sail until reported seaworthy, 601, 606 appeal against surveyor's report of unseaworthiness, 606 provision against double survey of passenger steamer, 596 as to survey of foreign emigrant ship, 596 as to construction of beams and decks of, 607 arrangement and size of berths of, 607 space to be allotted as hospital, 607 privies in, 607 Ught and ventilation in, 607 power to modify Passenger Acts as to food, space, and accommodation, 607 boats and life-saving appliances for, 108, 209, 594, 608, Appx. No. 8, p. 655. See Boats, etc. anchors and fire-engines for, 608 regulations as to carrying an efficient crew, 608 certain articles prohibited as cargo and ballast on such ships,, 609 horses and cattle may be carried under certain conditions,"609, note (^) naval and military stores, by order of Board of Trade, 609, note {r) stowage of cargo, to be approved by emigration officer, 609 computation of voyages for, 610 provisions and water for, to be surveyed before clearance, 611 provisions for crew of, 611 watertanks or casks to be approved, 611 dietary scales of provisions for, 612 ships putting back, to replenish, 616 apparatus may be permitted for distilling water on board, 619 on voyages to the United Kingdom, 624. See Peovisions and Water as to passenger stewards, 613 when to carry passenger cooks and cooking apparatus, 613 when to carry interpreters, 613 when to carry a medical man, 614. See Medical Peactitionbe medicines, medical comforts, instruments, &c., on, 614, App3£. No. 8, (B), (C), pp. 691, 696. See Medical Stobbs re-landing passengers to purify ship, 614. See Passengers putting back, to be reported to emigration officer, 616 in case of wreck or damage to, passengers to be provided with passage, and maintained, 617. See Passengers power to make rules, &c., with respect to, by Order in Council, 619 power of surgeon or master to enforce, 619 master to post up copies of abstracts of Passenger Acts and Orders in Council in ship, 619 sale of spirits prohibited on board, 619 bond to be given by masters of, 620 certified counterpart to be forwarded to colony and there receivable in evidence, 620 form of, 625 INDEX. 79J^ The flgiires refer to the sections. PASSENGER Sni-p—continued. provision . for survey of, sailing from Colonies, 623. ike Colonial Voyages PASSENGER STEAMER meaning of, in Merchant Shipping Act 1854, 595 build and equipment of, 594 safety valve, 594 penalty for improper weight on, 110, 594 compasses to be adjusted, 594 fire-hose, 110, 594 shelter for deck passengers, 594 signals of distress and inextinguishable lights, &o., for, 594 survey of, 595-599. See STJEVEr exemption of certain steamers, 596 colonial certificates, 596 provision against double survey in case of emigrant ships, 596 duties of surveyors, 597. See Survbyoes of owners with respect to surveys, 598 certificates of survey, 598, 599 ship not to proceed to sea without, 133, 599. See Certificate op Survey offences on, 626. See Passengers PASSPORT, should be carried in time of war, 129 ' what it is, 129 PENALTIES. See Offences legal procedure for recovery of, 547 leviable by distress, 548 application of, 549 PERILS EXCEPTED. See Exceptions | PERILS OF THE SEAS. See Exceptions meaning of, in policy of insurance, 361 PILOT. See also Pilotage Authority, Pilotage Certificates, Pilot Boats, Pilot Flag, Pilot Licences, Compulsory Pilotage, Trinity House origin of pilots, 550 meaning of the term in the Merchant Shipping Act 1854, 551 application of Merchant Shipping Act to United Kingdom only, 551 pilotage authorities, powers of, with respect to, 651. See Pilotage Authorities . qualifications of, how determined, 551 funds for superannuated, 551 bye-laws as to, 551 may require contributions from certificated officers, 555 returns as to, 555 Trinity House pilot fund, 584. See Trinity House powers of Board of Trade with respect to, &c., 553, 555. See Pilotage Authorities, Pilot Licences qualified, to display flag, though not in pilot boat, 557. See Pilot Flag to produce licence and copy of regulations to person employing him, 558 signals for pilots, 559 penalty for using such signals for other purpose, 559. See Signals when it is the master's duty to employ pilot, 560 when neglect to do so constitutes unseaworthiness, and avoids the policy, 103, 560. See Seaworthiness what vyill excuse master from employing, 661 employment of, when compulsory, 662-566 liability of owners and masters in such case, 569-575. See Compul- sory Pilotage 792 INDEX. The figures refer to the sections. PILOT — continued. master's duties and authority whUe pilot is in charge, 567. See Shipmaster duty of crew in such case, 567 consequences of neglect of duty by master or crew, 567 the authority of the pilot, while the ship is under his charge, 567, 568 supreme, 567 extends to tug, 568 his duty and responsibility 568 when his duty ceases, 568 rights, privileges, and remuneration of pilots, 576-578 entitled to seamen's lien for wages, 514 remuneration of, 576 rate of, may be fixed by pilotage authority, 551 rates for Trinity House pilots, 582, 583, Appx. No. 12, p. 722. See Trinity House when pilots may claim salvage, 576, 713 going on board ship in distress or unseaworthy, 576, 713 where duties performed not pilotage, 576 originally employed in pilotage service, may become entitled to salvage, 713 liability for, and recovery of, pilotage dues, 578 power for consignees to retain pilotage dues paid by them, 578 of Board of Trade to facilitate recovery of rates, 553 qualified pilots unable to board, when entitled to pilotage, 577 ^owance to qualified pilot taken out of his district, 577 penalty on qualified pilot receiving, and on master offering im- proper rate, 579 on master making false declaration as to draught, or falsi- fying marks, 577 power of qualified pilot to supersede unqualified pilot, 577 penalty on unqualified person acting as pilot, 578 penalty for employing unqualified pilot, 578 occasions on which unlicensed persons may act as pilots, 578 copies of regulations, &o. , to be furnished to qualified pilot, 558 to be produced by him to masters of ships, 658 offences of pilots, 579 penalties on qualified pUot for receiving improper rate, 579 exercising certain trades, 579 corrupt practices, 579 lending licence, 579 acting when drunk, 579 when suspended, 579 unnecessarily causing expense, 579 declining to go off, 579 unnecessarily cutting or slipping cable, 579 refusing to conduct ship into port, 579 quitting ship, 579 endangering ship, life, or limb, 579 doing ship in his charge wilful injury, 579 Trinity House, general powers of, 580, 584. See Trinity House PILOT BOATS, pilotage authority to make regulations respecting, 551 how to be provided, 557 characteristics of, 557. See Pilot Flag duties of master of boat respecting, 557 lights for, 666. See Collisions PILOT FLAG, to be displayed by pilot boat, 557 duties of master of boat respecting, 557 qualified pilot to display, though not in pilot boat, 557 master or mate holding pilotage certificate, to display, 557 penalty on ordinary boat displaying pilot flag, 557 or colourable imitation thereof, 557 INDEX. 793 The figures refer to the sections. PILOT FUND, to be established bj' pilotage authority, 551, 555. See PiLttT for Trinity House, 584. See Teinity House PILOT LICENCES, pilotage authority authorised to grant, 551 to determine qualifications requisite for, 551 to make regulations respecting, 551 may grant special sea licences, 554 Board of Trade may enable authorities to grant, for parts of districts, 553 facilitate grants of, 553 appeal from pilotage authority, against suspension or revocation of, 555 registry of, 558 qualified pilot, to produce to employer, 558 to be delivered up when required, 558 to be returned on death, 558 powers of Trinity House with respect to, 580. See Tkinity House PILOT VESSELS, 557. See Pilot Boats lights for, 666. See Collisions PILOTAGE, rate of, 581, 582, 583 recovery of, 578. See Pilots, Remuneration of compulsory, 562-566. See Compulsoey Pilotage when it becomes salvage, 576, 713. See Pilot PILOTAGE AUTHORITIES, 550-555. See also Teinity House meaning of the term in the Merchant Shipping Act, 1854 : 33, note (»), 551 powers of, with respect to pilotage certificates for masters and mates, 33-35, 551 general jurisdiction of, 551 power of, to make and extend exemptions from compulsory pilotage, 551 to determine qualifications of pilots, 551 to make regulations as to pilot boats, 551 for the government of pilots, 551 as to licences and certificates, 551 to grant special sea licences, 554. See Pilot Licences. to fix rates of pilotage, 551 to arrange limits of pilotage districts, 551 to establish funds for superannuated pilots, 551 to make and alter bye-laws respecting, 551, 555 publication of bye-laws, 551 to be laid before Parliament, 551 appeal to Board of Trade against bye-laws otherwise made, 551 required to make returns to, and permit inspection of books by Board of Trade, 552 on failure, jurisdiction may be transferred to Trinity House, 552 returns to be laid before Parliament, 552 to include accounts of pension fund, 555 powers of Board of Trade with respect to, 553 to transfer pilotage jurisdiction and make consequent arrangements, 653 to constitute new pilotage authorities, 553 to enable existing authorities to grant licences and to fix and raise to provide for representation of pilots and owners on pilotage authorities, 555 to extend limits of pilotage districts, 555 disciplinary powers of committee of, 555 appeals from, 555 PILOTAGE CERTIFICATES, for masters and mates, 83-35, 551. See Ceetificates op Officbbs 794 INDEX. The figures refer to the sections. PILOTAGE DISTRICTS, power of pilotage authorities to arrange limits of, 551 of Board of Trade to determine limits on transfer of jurisdiction, 553 on creation of new authority, 553 to exempt from compulsory pilotage within, 563 to extend the limits of, 555 PIRACY and kindred offences, punishment of, 534 PIRATES, ROBBERS, AMD THIEVES, exception of, in bill of lading, 364. See Bill op Lading POOR-LAW AUTHORITIES, to have assistance in apprenticing boys to sea service, 470. See Appebn- TICBS. may recover out of seamen's wages relief afforded to their families, 518. See Paeish Relief PORT, master's duties to authorities of, 226-230. See Haeboue PORT OF CALL, master's duty at, 223 with damaged cargo, 240. See Caego PORT OF DISCHARGE, consignee not entitled to notice of arrival at, 158. See Demuekagb in what order ship must visit, 189. See Deviation master's duty at, to his employers, 224 to the Marine Office superintendent and consuls, 225 as to delivery of agreement with crew, 225 of list of crew, &c., to superintendent, 225 of ofBcial log, 127, 225 of return of births and deaths, 126, 225 to deposit agreements, &o., with consul at foreign port, 225^ at colonial, with ofBcer of customs, 225 PORT OF LOADING, master's duty to proceed to, 141 his duty there, 141 consequences of delay in proceeding there, 142-145. See ChaeteepAety shipper entitled to notice of readiness to load, 158, 248. See Demueeage PORT OF REFUGE, master justified in putting into 209-211. See Deviation his duty with damaged cargo, 240, 260. See Cargo putting into, when charged, to general average, 246. See Geneeal AVBEAGE PRIMAGE. See AvbeAGE what it is, 66 when master may sue consignee for it, 66 express agreements as to, 66 PRIVIES, for the use of the crew, 527 in passenger ships, 607 PBO BAT A FREIGHT, 283-285. See Febight PROTESTS, what they are, 231 by master on arrival in port, 231 contents of, 281 against delay in discharging.or loading, 231 INDEX. 795 The figures refer to the sections. PEOTESTS— coniijwierf. against master, 231 " noting " and " extending," 232 form of, 232 when to be made, 232 how dated, 232 when noting has been delayed, 232 before whom, 232 duty to give information, and join in protest, 233 at expense of person requiring it, 238 utility of, 234 when received in evidence, 234 master's protest evidence against him, 234 PEOVISIONS. 'See Peovisions and Water scale of, to be contained in seamen's agreement, 474 regulations as to punishment by disallowance of, to be therein contained, 474 right to, of seamen, 524 when to begin, 494 of seamen discharged abroad, 489, 512. See Discharge op Seamen PEOVISIONS AND WATER. See also Anti-scokbtjtics, Medical Stores for use of crew, survey of, on complaint made, 524 penalty on master for not providing proper or sufScient, 524 forfeiture for frivolous complaint, 524 inspection of, in case of ships going through Suez Canal, &c. , 524 Board of Trade rules respecting, Appx. No. 9a, p. 700 allowance for short or bad, 524 qucere, whether master can recover, 73 masters to keep weights and measures on board, 524 in passenger ships, not to be inferior to those of passengers, 611 intended for passengers, to be surveyed before clearance, 611 emigration officer may reject, and direct bad to be landed, 611 penalty for reshipment, 611 water tanks or casks to be approved by emigration officer, 611 provisions as to vessels touching at intermediate ports to fiU up water, 611 dietary scales, 612 penalty for non-compliance, 612 , Board of Trade may authorise alternative, 612 to be issued daily, and cooked where necessary, 612 passenger stewards and cooks for serving, &c., 613 ships putting back, to replenish, 616 to be reported to emigration officer, 616 apparatus may be permitted for distilling water on board, 619, Appx. No. 14 (D), p. 729 on voyages to the United Kingdom, 624 PUNISHMENT. See Desertion, Discipline, Oppbncbs to be entered in official log, 124 of seamen, regulations as to, to be contained in agreement, 474 master's authority to inflict, 542 of passengers, master's authority to inflict, 586. See Passbngbbs QUALIFIED PILOT. See Pilot " " meaning of the term in the Merchant Shipping Act 1854, 551 to display flag though not in pilot boat, 557. See Pilot Flag to produce licence, &c., to person employing him, 558 power of, to supersede unqualified, 577 QUARANTINE, power to enforce by Order in Council, 778 persons in ships from infected ports not to land before examination and permission, 778 signal to be hoisted on such ships, 778 796 INDEX. The figures refer to the sections. QUEEN'S ENEMIES, 329, 366. See King's Enemies, Bill op Lading QUEEN'S HARBOUR, authorities not liable for acts of subordinates, 228 QUEEN'S SHIP. See Navy, Oppiceks of H.M. Ships not liable to arrest, 747 RANSOM, a disbursement on account of ship, 79, note {p) RATES, in harbours, 227 collection of, 227 powers of collector of, 227 on goods, when payable, 227 penalty for evading payment of, 227 recovery of, by distress, 227 how disputes concerning to be settled, 227 list of, to be set up, 227 clearance to be withheld till payment of, 227 of pilotage, how fixed, 551, 582, 583. See Pilotage RATING OF SEAMEN, when entitled to rating of A.B., 474, note (/) proof of service requisite for, ibid. punishment by disrating, 474, note (g) RECEIVER. See Rbceivbk op Wreck RECEIVER OF WRECK, appointment and duties of, 753 may appoint a valuer of property salved, 726 his duties and fees, 726 payment of salvage to, in case of dispute as to apportionment, 751 apportionment of salvage by, 751 duty of, to detain salved property until payment of salvage or process, 752 may sell, in cases of non-payment, 752 subject to payment, owner entitled to wreck, 752 delivery by receiver not to prejudice title, 752, note (x) discharges receiver, 752, note (a;) duty of, when ship stranded or in distress, 753 powers of, in case of accident to ship or boat, 753 penalties on persons disobeying, 753 articles washed on shore, &c., to be delivered to, 753 power to take by force, 753 power to repress plunder and disorder by force, 753 what persons may exercise his powers in his absence, 753 power, where ship in distress, to pass over adjoining land with carriages, penalty on owners and occupiers opposing, 753 power to institute examination with respect to ships in distress, 753 duty to send copies of examination to Board of Trade and Lloyd's, 763 duty to, of persons finding wreck, 754 powers of, to seize concealed wreck, 754 notice of wreck to be given by, 754 power to sell perishable goods, 754 and goods of small value, 754 must give notice to lord of manor, or person entitled to unclaimed wreck, 754 fees payable to, 754 lien and remedies of, 754 INDEX. 797 The flgtires refer to the sections. EECEIVER OF Vf'R'ECK—emtmued. to deliver unclaimed wreck to lord of manor or person entitled, on pay. ment of expenses, 755 to sell unclaimed wreck, 755 proceeds to be carried to Mercantile Marine Fund, 755, See Wekck RECOVERY OF WAGES, master to have same remedies as seamen, 69 by seamen, 509-517. See Wages of Seamen, Mahitimb Lien RE-DELIVERY TO CONSIGNOR, at port of loading, on his paying freight and giving indemnity, 316 without tender of freight, where no lien for freight, and no bill of lading, 317 where master refuses to comply with terms of shipment, 318 or to give bUls of lading, except under terms of charter, of which shipper had no notice, 318 tender of freight not excused by disaster to ship, 318 REGISTRAR-GENERAL OF SEAMEN, power of, to inspect ship's documents and muster crews, 2, 119 return of births and deaths on board to be made to, 126 to record indentures of apprenticeship, 470 to grant certificate of service for rating of A.B., 474, note (/) duplicate running agreements for foreign-going ships to be transmitted to, 475 documents produced by, evidence in suits for wages of seamen lost with ship, 519 REGISTRATION OF BIRTHS AND DEATHS, 126 REGULATIONS FOR PREVENTING COLLISIONS, 654-684. See Collisions RELEASE. See Dischakge, Wages of Seamen on settlement of wages, 487 RELIEF, to seamen's families, 518. See Pabish Relief REPAIRS OF SHIP. See Necbssabibs when master may bind shipovfner for, 404 no authority to borrow for repairs already executed, 405 when bottomry bond may be given for, 432. See Hypothecation REPORT OF CARGO, 761. See Customs RESPONDENTIA. See Htpothbcation what it is, 419, 445 how it differs from bottomry, 419 RESTRAINTS OF PRINCES AND RULERS, exception of, in bm of lading, 365. See Bill of Lading in charterparty, may entitle shipowner to refuse cargo, 148 RISK OF BOATS. See Bill op Lading exception of, in bill of lading, 359 RIVAL SALVORS, 717. See Salvoes ROBBERS, exception of, in bill of lading, 364 RUNNING DAYS, meaning of, 154. See Demuekage 798 INDEX. The figures refer to the sections. SAFE PORT, meaning of, 223, note {p), and addenda SAFETY VALVE, passenger steamers to be provided with, 694 penalty for putting improper weight on, 110, 694 SAILING SHIP, definition of, in regulations for preventing collisions, 658 lights for, 663, 664. See Collisions SALE OF CARGO, by master, when authorised, 260-264. See Caego SALE OF SHIP, by master may be authorised by necessity, 412 or adopted by ratification, 412 what constitutes necessity, 413 where ship retains her character as such sale viewed with suspicion, 413 incidental results of justifiable sale, 414 it binds underwriters, 414 does not defeat prior mortgages or liens, 414' authority to receive payment, 414 under the direction of a foreign court, 415 master's duty before selling, 416 burthen of proving validity is on purchaser, 417 SALVAGE, meanings of, 688 how it arises, 688 on the high seas, 689 in respect of services in the United Kingdom, 689 life-salvage, priority of, 690, 730 in certain cases payable by Board of Trade, 690 extension of jurisdiction in cases of, 690 application of enactments to ships of foreign countries, 690 summary of statutes relating to, 691 enhances salvage award, 730 payable rateably by ship, freight and cargo, 742 essential elements of, 692 danger to subject of service, 693 voluntary nature of act, 694 actual assistance contributing to safety, 695 all contributors to ultimate safety entitled to share in reward, 696 abandonment disentitles to, 696 no salvage where no benefit, 697 engagement to render assistance, 698 salvage after collision, 699 signals to be used for assistance, 700. See SIGNALS consequences of improper use of, 569, 700 examples of salvage services, 701 request for, or acceptance of, service need not be proved, 701 who may claim as salvors, 696, 702-716 rival salvor. . 755 s. 49 . 616 INDEX. 813 The figures refer to tlie sections. STA.TVT'ES— continued. 1 STATXJT'ES— continued. 18 & 19 Vict. c. 119, s. 50 § 133, 603, | 25&26 Vict. c. 63, s. 24. . §54 616 ss. 25, 26 . . 654 s. 52 . . 617 s. 27 . 627, 6.54 ss. 55-58 . . 618 s. 28 . . 654 ss. 59-62 . . 619 s. 30 . 109, 131, 602, 654 s. 63 . 601, 611, 620, 625 ss. 31, 32 . . 654 ss. 64, 65 . . 620 «. 35. 625, 626 s. 70 . . 621 ss. 36, 37 . . 626 s. 71 . . 600 621, 625 s. 39 . 553, 564 ss. 72-74 . . 621 s. 40 . 555 ss. 84-94 . 547 617, 622 s. 41 . 553, 564, 566 ss. 95-99 . . 623 s. 42 . . 584 ss. 100-102 . 624 s. 49 . 735, 749 s. 103 . 625 s. 50 . . 726 sched. B . 605, 625 s. 52 . . 752 sohed. C . 620, 625 s. 53 . . 755 sched. K . 621, 625 =. 54 . 642 , 648, 652 sched. L . 621, 625 ss. 67, 58 . . 655 19 & 20 Vict. c. 41, ss. 1-9 484, 493 s. 59 . . 690 691, 752 s. 5 . . . . 520 s. 61 . . 655 c. 60, s. 18 . 437 ss. 67-78 328, and addenda c. 97, s. 5 . 372 26 Viot. c. 24, s. 10 72 s. 8 . 408, 437 26 & 27 Vict. c. 51, s. 3 . . 600 s. 10 . . 515 ss. 6, 7 . . 605 s. 12 . . 515 s. 8 . . 609 21 & 22 Vict, c 106, s. 1 482, add., 491 ss. 9, 10 . 612 s. 41 491 =. 11 . 615 s. 64 . 482, addenda, 491 s. 13 . 133, 603 c. xcii, s. 230 . . 227 ss. 14-16 . 617 22 & 23 Vict. c. 40 . . 522 s. 17 . 620, 625 23 & 24 Vict. c. 127, s. 28 81, 510 sched. A . . 617 24 & 25 Vict. c. 10, s. 5 404 0. 69v ■ . 522 S. 7 . . 637 c. 87 ... 484 s. 9 . 690. 752 28 & 29 Vict. 0. 104, s. 46 . 529 s. 10 69, 73, 78, 509, 514, 516 30 & 31 Vict. 0. 114, s. 33 . 516 s. 35 . 69, 509 c. 124, s. 4 . 107,525, 612, 614 0. 14. . 484 ss. 5, 6 525 , 612, 614 c. 52 ... . 604 s. 7 . .005,508,525,526 o. 96, ss. 64-66 . 756 s. 8 . 500, 526 s. 68 . 8 s. 9 . . 527 c. 97, ss. 42-46 . 535 s. 10 . i527, 614 ss. 47, 48 . . 536 s. 11 . 539, 548 s. 49 . 536, 756 31 & 32 Vict. c. 45, s. 21 . 753 c. 100, s. 13 . 535 c. 71, s. 3 . 72, 516 637, 735 s. 17 . . 756 c. 129, s. a . . 527 s. 37 . . 756 32 & 33 Vict. c. 11, =. 8 40 s. 40 . . 546 c. 51, s. 3 . 747 25 & 26 Vict. c. 63, s. 5 . . 25,36 s. 4 . 637 s. 6 . . 25,37 33 & 34 Vict. c. 95, s. 3 . 258, 609 ss. 7, 8 37 34 & 35 Vict. c. 110, s. 5 113, 119, s 9 . ■ 38 125, 528 s! 10 . . 32, 39. 41. 478 ss. 7, 8 . . 528 s. 11 . 51 35 & 36 Vict. c. 19, s. 219 . 601 s. 12 . . 598 c. 73, s. 5 . 601 s. 13 . 3 s. 8 . 595, 598 s. 14 . 3 s. 9 . 582 s. 15. 1,4,119,127 225, 470, s. 10. . 584 473, 475, 478, 481, s. 11 . 554 487, 489, 519, 524 s. 13 . 597, 654 s. 16 . 8 s. 15 . . 606 s. 17 . . 25, 26 s. 16. . 476 s. 18 . . 741 s. 17 . 522 s. 19 . . 489 36 & 37 Vict. c. 66 . . 509 ss. 20, 21 . . 519 s. 5 . . 516 s. 22 . o 09 11 42 4R . 490 s. 16 . 496 49. 52. .54 s. 24 . 453, 496 814 INDEX. The figures refer to the sections. STATUTES- 36 & 37 "Vict. o. 66, s. 25 . s. 34 . s. 36 . s. 76. c. 77 . c. 85, s. 4 s. 5 . s. 7 . s. 9 . s. 10. ss. 12-14 s. 16. S. 17 . s. 18. s. 19 . s. 21 . s. 22 . ss. 23-28 sclied. 1 sched. 2 37 & 38 Vict. u. 8f 1399 69 513 516 522 113, 125, 528 , f. 37 s. 54 . 38 Vict. c. 17,s. 3 . s. 42 . s. 104 38 & 39 Vict. c. 51 . c. 55, s. 343 . sched. V. Part, c. 77, s. 11 c. 86, s. 7 c. 90, ss. 3-7 . 39 & 40 Vict. 0. 20, s. 2 c. 36, s. 47 s. 49 . ss. 50-54 . ss. 73-75 . s 97 . ss. 100-102 s. 126 ss. 127-130 ss. 134-137 s. 139 ss. 140-142 ss. 145-148 s. 151 ss. 154-159 ss. 161-163 s. 168 s. 169 s. 172 ss. 175-177 s. 179 ss. 180-183 s. 185 a. 186 s. 189 s. 200 s. 202 s. 207 ss. 219-274 s. 234 s. 280 sched. B, No. 1 III. 125 474 528 7,26 529 574, 646, 687 645, 656 698, 700 . 559 559, 700 47, 686 . 258 . 700 . 559 124, 126, 225 . 225 . 124 258, 768 258, 609 258 601 778 778 69 546 530 13, 467 759 760 761 762 106 763 106, 765 766 767 768 769 769 770 770 770 771 257 772 . 772 772, 773 774 . 775 . 776 776 777 . 777 . 777 . 773 778 . 769 761, Apps. No. 16 (A), p. 730 STATUTES— oontinued. 39 & 40 Vict. o. 36, sch. B, No. 6 § 763, Appx. No. 16 (B), p. 731 sch. B, No. 10 . 766, Appx. No. 16 (0), p. 732 sch. B, No. 11 . 769, Appx. No. 16 (D), p. 732 39 & 40 Vict. c. 80, s. 4 . 529, 547 s. 5 . 93, 133, 466, 467, 529 s. 6 . . . .529 s. 7 . . . 529, 602 ss. 8-13 . . .529 s. 14 . 109, 133, 598, 602, 616, 654 596, 599 133, 596, 628 596, 606 133, 596 607, 611, 612, 614, 616 594,608,654, 700 97,119,121,122,124,252 97, 252 111, 257 125, 257, 474 111, 257 . 257 addenda, 529 46, 49, 68 111, 48, s. 16. s. 17 . s. 18. s. 19. s. 20. s. 21 . s. 23 s. 24. s. 25. s. 26. s. 27 . s. 28 . s. 29. s. 30 . s. 31 . s. 32 . o. 33. rd. 34. s. 35. s. 37 . s. 40 . 40 Vict. c. 13, s. 3 s. 4 . 41 Vict. 0. 15, s. 6 41 & 42 Vict. c. 73 c. 74 s 32 42 & 43 Vict. c. 21, s. 7 s. 8 . s. 9 . s. 10. ss. 11, 12 c. 49, s. 39 c. 72, s. 1 s. 2 . s. 3 . 43 & 44 Vict. c. 16, s. 2 s. 3 . 753 47 46 529, 637 529 3, 529, 546 . 529 . 763 ., 773 . 766 . 548 91, 259 . 764 . 768 . 769 . 776 . 773 . 473 46 55, 56, 58 46, 49, 54 . 483 474, 484, 493 s. 4 ss. 5, s. 7 s. 8 . s. 9 . s. 10 . s. 11 . s. 12 . c. 42, s. 8 c. 43, s. 3 Appx. No. s. 4 Appx. No. s. 5 Appx. No. 5 (A), p. 670 ss. 6, 7 . . 114, 259, Appx. No. 5 (A), p. 670 73, 487, 495, 497, 516 , 6 508, addenda, 532 . 474 481, 530 . 533 . 544 . 467 . 508 . 467 259 5 (A), p. 669 , 5 (A), p. 669 259, INDEX. 815 The figures refer STATUTES -cowimMed. 43 & 44 Vict. c. 43, ss. 8-10 . Appx. No. 5 (A), pp. 670, 671 - '" " §760 769 764 775 538 37, 490, 520 597 s. 4 490, 520, 595, 598,' 755 s. 9 ... 538 s- 10 . . 490, 520 c. 75, s. 12 . . 515 c. 76, s. 3 .53 s. 6 . 55, 57, 58 s. 7 . . 52 46 & 47 Viot. 0. 41, ss 4-12 . 6, 471 44 Vict. c. 12, s. 9 . s. 10 . s. 11 . s. 12 . 44 & 45 Vict. c. 69, b. 27 45 & 46 Vict. c. 55, s. 3 . s. 13 s. 14. s. 15 . ss. 16, 17 s. 18 . s. 19. s. 20. s. 21 . s. 22 . s. 23 . ss. 24-2G s. 32 . ss. 36-38 s. 39. s. 40. s. 41 . s. 42 . s. 45 . ss. 46, 47 s. 48 . s. 49. s. 53 . s. 54. s. 55. c. 55, ss. 5-7 s. 19 . 47 & 48 Vict. c. 43, s. 4 . c. 62, s. 2 s. 3 49 & 50 Viot. c. 38, s. 6 . 50 & 51 Vict. c. 4, s. 5 . ss. 7-9 s. 12 . o. 7 . s. 1 . c. 62, s. 2 121, 468, 474 121, 475 121, 476 121, 475 . 121 6, 121, 475 121, 474 6, 121, 475 121 121,481 . 487 . 6,481 25 25, 59, 487 25 . 25, 30 25 6,46 6 533 3 25 508 121, 123, 538 759 773 547 769 764 756 6 25 47 257 772 37 I to the sections. STATUr-ES— continued. 51 & 52 Viot. 0. 24, s. ss. 2, 3 s. 4 . s. 5 52 &53 Vict. o. 29, s. c. 42, B. 3 o. 43, s. 5 i;. 45, s. 1 s. 2 . c. 46, s. 1 s. 2 s. 3 . s. 5 . 0. 64, s. 2 c. 68, s. 1 ss. 2, 3 s. 4 . 35, 551, 555 343, addenda, s. o . s. 6 . s. 7 . s. 8 . ss. 9, 10 . ss. 12, 13 s. 14. 0. 73, ss. 1-4 53 Vict. o. 9, s. 1 s. 2 . ss. 3, 4 s. 5 . 53 & 54 Vict. c. 27, s. 2 s. 3 . s. 16 . 0. 35, ss. 2, 3 . 0. 39, s. 2 c. 44, s. 5 c. 56 . ss. 1-4 54 & 55 Vict. c. 31, s. 1 s. 2 . s. 3 . s. 5 . 0. 39, s. 1 1st sohed. 0. 69, S.1 . o. 76, s. 142 (5) 55 & 56 Vict. 0. 19, sohed. c. 37, s. 1 . Ill, s. 2 . 112, s. 3 . s. 4 . s. 6 . § 108, 593 . 108 108, 608 109, 131 . 617 . 764 763, 769 347 347 70, 461 474, 483 6 . 594 . 524 551, 555 . 555 558, 580, 584 578 552, 555 551, 555 33 557 555 33 116 111, 257 113, 125 112 . Ill 72, 404 72, 516 72 686, addenda . 495 516 257 771, 773 76 . 540 76, 637 76, 637 329 474 534 778 6,473 125, 529 113. 125 107, 524 . 524 524 STEAM SHIPS regulations as to safety-valve, 110, 694 as to fire-hose, 110, 594. See Passbngbb Stbambe definition of, in regulations for preventing collisions, 658 lights for, 661. See COLLISIONS ST^VBDOBES, in general appointed by shipowner, 253 who liable for bad stowage, when appointed by shipper, 254 when charterer fails to appoint, having option to do so, 254 when charterer appoints, and employs ship as general ship, 255 S16 INDEX. The figures refer to the sections. STEWARDS, to be carried,in passenger ships, 613. See Passbngbe Ship STIPENDIARY MAGISTRATE. See Justices form of investigation before, into wrecks and casualties, 46-55. See Inquiet and Investigation recovery of wages before, 516 may be judge of Court of Survey, 529, Appx. No. 10, p. 705. See Court OF SUKVEY to have same power as two justices under Merchant Shipping Acts, 547 under Passengers Acts, 622 jurisdiction in salvage cases, 749, note (r) respecting breaches of quarantine, 778 STOPPAGE IN TBANSITU, what it is, 370 property in goods not in consignor who exercises the right, 370 effect of stoppage on contract of sale, 370 who may exercise the right, 371-373 unpaid vendor 173, unpaid consignor on commission, 371 consignor jointly interested with consignee, 372 riot in general mere surety, 372 surety discharging liability entitled to assignment of creditor's seoari- ties, 372 agent, 373 stranger, if stoppage ratified in time, 373 under what circumstances the right may be exercised, 374-381 1. Consignor must be wholly or partially unpaid, 375 effect of payment by bill, 375 mutual accounts between consignor and consignee, 876 2. Consignee must have become insolvent, 377 need not have been adjudicated bankrupt, 377 3. Goods must be in the hands of a third person as agent to forward, 378 master in general is agent to forward, 378 delivery into consignee's ship determines transit, 379 or into ship demised to consignee, 380 right may be preserved by express terms, or by bill of lading to vendor's order, 380 by mate's receipt, 380 such bill of lading obtained by fraud will not preserve right, 380 when master is warehouseman for consignee, no right to stop, 381, 392 in what manner the right may be exercised, 382, 383 notice is su6Scient, 382 entry of the goods by consignor, 382 to whom and when notice must be given, 383 stoppage by arrangement with the consignee, 383 to whom master must deliver when vendor gives notice to stop, 322 at port of loading, 316 master failing to deliver to vendor properly claiming, liable to action, 322, 383 vendor must satisfy liens, 322 where conflicting claims, master should interplead, 323. See Rb- DBLIVBEY ihow long the transit and right to stop continue, 384-394 general rule : until goods come into possession of consignee, or his trustee in bankruptcy, 384 transit determined by arrival at destination, and demand by consignee or his trustee, 385 arrival without demand or possession, insufiScient, 385 constructive possession, 385 possession by consignee before completion of voyage determines transit, 386 mere demand does not, 386 right will not revive after possession by consignee, 386 INDEX gl;7 The figures refer to the sections. STOPPAGE IN 7 B ANSI TU— continued. what is such possession by consignee as determines transit, 387 it must be taken with intention of ownership, 387 consignor and consignee must have assented to it, 387 goods need not come to the corporal touch of consignee, 388 touching, marking, or sampling, not alone sufficient, 388 at what place transit ends, 389 vendee commission agent : vendor's rights unaffected, 389 question whether original transit ended and new transit begun, 390 delivery to consignee's agent to keep determines transit, 391 aliter of delivery to agent to forward, 392 carrier may agree to become agent to keep, 381, 392 when delivery of part determines transit, 393 when not, 394 how the right may be defeated while the goods are in transit, 395-399 generally, 395 by transfer of the bill of lading, 396 or of document of title under Factors' Act, 1889, 397 when transfer of the bill of lading does not pun an end to the right 398 when consignee obtained it without authority, 398 other cases, 398 transfer for limited purpose defeats right to limited extent only, 399 STORES, and supplies, master's duty to provide, 106, 524. See Pkovisions and Wateb, Mbdioal Stores shipment of, provisions of Customs Act respecting, 765 victualling bill for, 765 illegally landed, forfeited : penalty £100, 765 STOWAGE, in general, is the duty of the master, 250 consequences of negligence, 250 improper, as affecting policies of insurance, 250 master cannot bind owner by storing so as to violate a statute, 260 on deck, primd facie, improper, 251 as affecting general average, 251. See General Average as affected by statute, 252 penalty for carrying timber on deck, in winter, 252 restrictions on, in passenger ships, 609 by stevedores, shipowners generally responsible for bad, 253 unless they are appointed by shipper, 254. See Stevedores who liable for bad, where ship employed by charterer as general ship, 255. See Charterer shipowners and raaster pritnd fade liable for bad, 256, 356 without proof of negligence, 256 of passenger ships to be approved by emigration ofScer, 609. See Passen- ger Ships SUBSISTENCE MONEY, master may recover as costs of action for wages, 64 awarded to foreign seamen discharged in this country, 512 of British seamen discharged abroad, 489, 512. See Discharge op Seamen „ ^ for passengers relanded or detained, 615, 616. See Passengers SUBSTITUTES, . v ^ • i ^ -^i.- for seamen engaged for foreign -going ship, whose services are lost within twenty-four hours, 475 agreement with, has to be made, 475 SUNDAYS, ^ „,^^ included in " running days,' 154 not, in this country, in "working days," 154 goods not to be shipped on, 763 3 F 81S INDEX. •The figures refer to the sections. SUPERINTENDENTS OF MERCANTILE MARINE OFFICES, formerly called shipping masters, 1, note (/), 4, note (<) may be required to make returns and produce documents to Board o£ Trade, 1 power of, to inspect documents and muster crews, , 119 authority of Local Marine Boards over, 4 partial control of Board of Trade over, d general business of, 6 penalty on, taking unauthorised fees, 6 Board of Trade may appoint at sailors' homes, 7 may dispense with, 7 . embezzlement by, 8 production to, of certificates of masters, mates, and engineers, 32, 478. See Cbbtipicatbs of OFnCEKS official logs to be delivered to, 127 to be sent home to, in certain cases, 127 agreement with crew to be delivered to, 225, 478 list of crew to be delivered to, 225 duty of, to give certificates of such delivery, 225, 478 to assist in binding apprentices, 470, 471 may receive fees for so doing, 470 apprentices and their indentures to be brought before, before each voyage in foreign-going ship, 470 seamen's agreements for foreign-going ships to be made before, and attested by, 475 fishing boats agreements need not be made before, 475, note (o) duplicate running agreements to be retained by, 475 changes in crew to be reported to, 475 agreements for home-trade ships may be made before, 476. See Agkbe- MENT WITH CEEW engagement of seamen before in Colonies, 477 alterations in agreements to be attested by, 481 seamen of foreign-going ships to be discharged before, 487 in case of running agreements, 475 account of seamen's wages to be delivered to, 487 may decide questions between master or owner and seamen, 487, 516 proof of submission and award, 487 power to call for production of ship's papers, &c., 487 to examine persons, 487 penalty for not producing or not appearing to give evidence, 487 on settlement of wages, release to be attested by, 487 voucher of, for payments made before, to be evidence, 487 to transmit masters' reports of character to Registrar-General, 487. See DiscHAEGB, Wages of Seamen exemptions and liabilities of, in respect of money orders, 492. See Money Oedees may be appointed agents of branch savings banks, 493. See SAVINGS Banks wages, &c., of deceased seamen to be paid to, with accounts, 619. See Deceased Seamen may survey provisions and water upon complaint, 524. See PROVISIONS AND Watee to inquire into cause of death on board ship, 588 powers for this purpose, 538 fines under agreement to be deducted from wages and paid to, 545 certificates of survey of passenger steamers to be transmitted to, 598 consent of, to change in crew of passenger ship to be lodged with emigration officer, 608 SUPPLIES. See Necessaeies when master may bind shipowner for necessary, 403-408 of provisions and water, 524, 611. See Peo VISIONS AND Watee medical, 107, 525, 614. ^Sise Medical Stoebs SURVEY. See dUo INSPECTION of ships alleged by seamen to be unseaworthy, 528 may be directed by court hearing charge of desertion, &c., 528 costs of such survey, 528 INDEX. 819 The figures refer to the sections. SURVEY— eon 28 47 B 2 STEVENS &- UAYNES, BELL YARD, TEMPLE BAR. INDEX OF SUBJEOTS-'''»'^««^'^. PAGE LEADING STATUTES— Thomas 28 LEASES— Emden ......... 8 Copinger 45 LEGACY AND SUCCESSION— Hanson 10 LEGITIMACY AND MARRIAGE— Sh PRIVATE INTERNA- TIONAL LAW. LICENSES— .y««MAGISTERIAL LAW. LIFE ASSURANCE— Kuckley 17 Reilly 29 LIMITATION OF ACTIONS— Banning 42 LUNACY— Williams 7 MAGISTERIAL LAW— Greenwood and Martin .... 46 MAINTENANCE AND DESERTION. Martin 7 MARRIAGE and LEGITIMACY— Foote 36 MARRIED WOMEN'S PRO- PERTY ACTS— Brown's Edition of Griffith . . 40 MASTER AND SERVANT- Eversley 9 See MAGISTERIAL LAW. „ SHIPMASTERS & SEAMEN. MERCANTILE LAW 32 Campbell 9 Duncan 33 Hurst and Cecil 11 Slater 7 See SHIPMASTERS. ,, STOPPAGE IN TRANSITU. MERCHANDISE MARKS- Daniel .42 MINES — Harris 47 See MAGISTERIAL LAW. MORTMAIN— See CHARITABLE TRUSTS. NATIONALITY— &« PRIVATE IN- TERNATIONAL LAW. NEGLIGENCE— Beven 14 Campbell 40 NEWSPAPER LIBEL— Elliott 14 OBLIGATIONS— Brown's Savigny 20 PARENT AND CHILD— Eversley q PARLIAMENT— Taswell-Langmead 21 Thomas 28 PACE PARTITION— Walker 43 PASSENGERS— See MAGISTERIAL LAW. „ RAILWAY LAW. PASSENGERS AT SEA— Kay 17 PATENTS— Daniel 42 Frost 12 PAWNBROKERS— See MAGISTERIAL LAW. PETITIONS IN CHANCERY AND LUNACY— Williams 7 PILOTS— Kay 17 POLICE GUIDE— Greenwood and Martin .... 46 POLLUTION OF RIVERS— Higgins 30 PRACTICE BOOKS— Bankruptcy 15 Companies Law .... 29 and 39 Compensation 13 Compulsory Purchase .... 19 Conveyancing 45 Damages 31 Ecclesiastical Law 9 Election Petitions 33 Equity 7, 22 and 32 Injunctions 44 Magisterial 46 Pleading, Precedents of . . . 7 Railways 14 Railway Commission .... 19 Rating 19 Supreme Court of Judicature . . 25 PRACTICE STATUTES, ORDERS AND RULES— Emden n PRECEDENTS OF PLEADING— Cunningham and Mattinson . . 7 Mattinson and Macaskie ... 7 PRIMOGENITURE— Lloyd 13 PRINCIPLES— Brice (Corporations) . . , , . 16 Browne (Rating) 19 Deane (Conveyancing) .... 23 Harris (Criminal Law) .... 27 Houston (Mercantile) .... 32 Indermaur (Common Law) , . 24 Joyce (Injunctions) .... 44 Ringwood (Bankruptcy) ... 15 Snell (Equity) .22 PRIVATE INTERNATIONAL LAW-'- Foote ....,.,.. 36, STEVENS &> HAYNES, BELL YARD, TEMPLE BAR. INDEX OF SUBJECTS— ""'jwasof. PAGE PROBATE— Hanson lo Harrison 23 PROMOTERS— Watts 47 PUBLIC WORSHIP— Brice 9 QUARTER SESSIONS— Smith (F. J.) 6 QUEEN'S BENCH DIVISION, Practice of— Indermaur 25 QUESTIONS FOR STUDENTS— Aldred 21 Bar Examination Journal ... 39 Indermaur 25 Waite 22 RAILWAYS— Browne 19 Godefroi and Shortt 47 See MAGISTERIAL LAW. RATING— Browiie 19 REAL PROPERTY— Deane 23 Edwards 16 Tarring 26 REGISTRATION— Elliott (Newspaper) .... 14 Seager (Parliamentary) .... 47 REPORTS— Bellewe 34 Brooke 35 Choyce Cases 35 Cooke 35 Cunningham 34 Election Petitions 33 Finlason 3^ Gibbs, Seymour Will Case . . 10 Kelyng, John 35 Kelynge, William 35 Reilly 29 Shower (Cases in Parliament) . 34 ROMAN DUTCH LAW— Van Leeuwen 3^ ROMAN LAW— Brown's Analysis of Savigny . . 20 Campbell 47 Harris 2° Salkowski 14 Whitfield 14 SALVAGE— Jones 47 Kay 17 SANITARY ACTS— See MAGISTERIAL LAW. SAVINGS BANKS— Forbes '» SCINTILLAE JURIS- Dailing(C. J.) 18 SEA SHORE— fAGE Hall. ......... 30 Moore 30 SHIPMASTERS AND SEAMEN— Kay . 17 SOCIETIES— See CORPORATIONS. STAGE CARRIAGES— See MAGISTERIAL LAW. STAMP DUTIES— Copinger 40 and 45 STATUTE -OF LIMITATIONS— Banning 42 STATUTES— Craies . . 9 Hardcastle . 9 Marcy 26 Thomas , , 28 STOPPAGE IN TRANSITU— Campbell 9 Houston 32 Kay 17 STUDENTS' BOOKS . 20—28, 39, 47 SUCCESSION DUTIES— Hanson 10 SUCCESSION LAWS- Lloyd 13 SUPREME COURT OF JUDICA- TURE, Practice of— Cunningham and Mattinson , . 7 Indermaur , . j 25 TELEGRAPHS— See MAGISTERIAL LAW. TITLE DEEDS— Copinger 45 TORTS— Ringwood 13 TOWNS IMPROVEMENTS— See MAGISTERIAL LAW. TRADE MARKS— Daniel f 42 TREASON — Kelyng - ■ 35 Taswell-Langmead ..... 21 TRIALS— Bartlett, A. (Murder) . , 32 Queen v. Gurney 32 ULTRA VIRES— Brice 16 USAGES AND CUSTOMS— Browne 19 Mayne , . 38 VOLUNTARY CONVEYANCES- May 29 WATER COURSES— Higgins , ... 30 WILLS, CONSTRUCTION OF— Gibbs, Report of Wallace r. Attorney-General . . , . 10 6 STEVENS df HAYNES, BELL YARD, TEMPLE BAR. Second Edition, in 8vo, Price 2\s., cloth, THE LAWS OF INSURANCE: dFire, Htfe, accident, an^r ffitiarantw. EMBODYING CASES IN THE ENGLISH, SCOTCH, IRISH, AMERICAN, AND CANADIAN COURTS. By JAMES BIGGS PORTER, OF THE INNER TEMPLE AND SOUTH EASTERN CIRCUIT, BARRISTEK-AT-LAW. ASSISTED BY W. FEILDEN CRAIES, M.A., OF THE INNER TEMPLE AND WESTERN CIRCUIT, BARRISTER -AT -LAW. " In reviewing the first edition of this book we expressed an opinion that it was a painstaking and useful work. Its utility has been shown by the speedy appearance of the present edition, and the labour of its authors is still apparent to anyone who will glance through its pages." — Solicitors' Journal. " The success of the first edition proves its value. It is clearly and concisely compiled, and upwards of 1,500 cases are quoted." — Laiv Times. " Mr. Porter's useful book on insurance law has reached a second edition in less than three years, which is not common in a book of this class. The fact is, that in taking up insurance law in all its branches, except marine insurance, he hits upon a popular subject Mr. Porter well fills the gap thus made for him, and he has called to his aid a useful coadjutor in the person of Mr. Craies."— Zaw journal. " When writing on the first edition in 1884, we ventured to predict for Mr. Porter's work a gieat success. We spoke in terms of unqualified commendation concerning the lucidity of the author's style, the thorough- ness of his work and his happy gift of narrowing down broad and diffusive subjects into a small space, Practical experience of the contents of the volume during the past three years has, we may say, fully con^ firmed our favourable views." — Insurance Record. In Royal lamo, price 20J., cloth, QUARTER SESSIONS PRACTICE, A VADE MECUM OF GENERAL PRACTICE IN APPELLATE AND CIVIL CASES AT QUARTER SESSIONS. By FREDERICK JAMES SMITH, OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW, AND RECORDe'r OF MARGATE. Second Edition. In one volume, Svo, price 2ij., cloth, A COMPENDIUM OF THE LAW RELATING TO EXECUTORS AND ADMINISTRATORS, wuh an Appendix of Statutes, Annotated by means of References to the Text. Second Edition. By W. Gregory Walker, B.A., of Lincoln's Inn, Barrister-at-Law, and Edgar J. Elgood, B.C.L., M.A., of Lincoln's Inn, Barrister-at-Law. "We highly approve of Mr. Walker's arrange- ment The Notes are full, and as far as we have been able to ascertain, carefully and accurately compiled We can commend it as bearing on its face evidence of skilful_ and careful labour, and *e anticipate that it will be found a very acceptable substitute for the ponderous tomes of the much esteemed and valued Williams." — Law Times. ' Mr. Walker is fortunate in his choice of a sub- ject, and the power of treating it succinctly for • the ponderous tomes of Williams, however satisfac- tory as an authority, are necessarily inconvenient for reference as well as expensive On the whole we are inclined to think the book a good and useful one." — Zrtw yoiinial. In royal i2mo, price 4J., cloth, A DIGEST OF THE LAW OF PRACTICE UNDER THE JUDICATURE ACTS AND RULES, AND THE Cases decided in the chancery and common l.aw divisions FROM NOVEMBER 1875 TO AUGUST 1880. By W. H. HASTINGS KELKE, M.A., Barrister-at-Law. STEVENS &' HAYNES, BELL YARD, TEMPLE BAR. 1 In 8vo, price 5^., cloth, THE LAW OF MAINTENANCE AND DESERTION, AND THE ORDERS OF THE JUSTICES THEREON. By Templr Chevallier Martin, Chief Clerk of the Lambeth Police Court, and Joint Author of the " Magisterial and Police Guide," &c. Second Edition. 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In one volume, 8vo, price i8j., cloth, THE LAW AND PRACTICE RELATING TO PETITIONS IN CHANCERY AND LUNACY, Including THE SETTLED ESTATES ACT, LANDS CLAUSES ACT, TRUSTEE ACT, WINDING-UP PETITIONS, PETITIONS RELATING TO SOLICITORS, INFANTS, Etc., Etc. With an Appendix of Forms AND Precedents. By Sydney E. Williams,- of Lincoln's Inn, Barrister- at-Law. Second Edition, in 8vo, price 2%s., cloth, A SELECTION OF PRECEDENTS OF PLEADING UNDER THE JUDICATURE ACTS IN THE COMMON LAW DIVISIONS. With Notes explanatory of the different Causes of Action and Grounds of Defence ; an I an Introductory Treatise on the Present Rules and Principles of Pleading as illustrated by the various Decisions down to the Present Time. By J. CUNNINGHAM and M. W. MATTINSON. SECOND EDITION. By miles WALKER MATTINSON, of Gray's Inn, Barrister-at-Law, and STUART CUNNINGHAM MACASKIE, of Gray's Inn, Barrister-at-Law. REVIEWS. "The notes are very pertinent and satisfactory : the introductory chapters on the present system of pleading are excellent, and the precedents will be found very useful." — Irisk Law Tijites. "A work which, in the compass of a single portable volume, contains a brief Treatise on the Principles and Rules of Pleading, and a carefully annotated body of Forms which have to a great extent gone through the entirely separate sifting processes of Chambers, Court, and Judges' Chambers, cannot fail to be a most useful companion in the Practitioner's daily routine."— Z.aOT Magazine and Keview. Second Edition, in 8vo, price 25J., doth, REMODELLED, MUCH ENLARGED, WITH SEVERAL NEW CHAPTERS ON "LIGHT," "SUPPORT," ETC. EMDEN'S LAW RELATING TO BUILDING, BUILDING LEASES, AND BUILDING CONTRACTS. WITH A FULL COLLECTION OF PRECEDENTS, TOGETHER WITH THE STATUTE LAW RELATING TO BUILDING, WITH NOTES AND THE LATEST CASES UNDER THE VARIOUS SECTIONS. By ALFRED EMDEN, OF THE INNER TEMPLE, ESQ., BARBISTER-AT-LAW ; AUTHOR OF THE "PRACTICE IN WINDING-U? COMPANIES," "a COMPLETE COLLECTION OF PRACTICE STATUTES, ORDERS, AND RULES, FROM 127s TO 1885," "the shareholder's LEGAL GUIDE," ETC., ETC. " We were able to speak in terms of commendation of the First Edition of this book, but we can say much more for the pre^sent edition. Mr. Emden has re-written and enlarged his work, and in its present form it constitutes a complete, and so far as our examination has gone, an accurate treatise on the branch of the law to which it relates." — Solicitors' Jounial. " We had occasion to speak favourably of the First Edition of Mr. Emden's work, and we have nothing but commendation to award to the Second Edition, which has practically been re-written and very much enlarged." — The Field. " With the revisions and additions, Mr. Emden's treatise claims in a higher degree to be considered the most comprehensive text-book of the law relating to building, that has been published in a single volume," — The Building News. " This work viewed as a whole, is in all ways a standard authority on all the subjects treated, and it is in reality a small Law Library on building subjects, ingeniously and most lucidly compressed in a single volume." — The Building World, " No more useful book for architect, contractor, or building owner, has been published than 'Emden's Law of Building, Building Leases, and Building Contracts,' and its re-issue as a revised and extended work will be generally appreciated." — The Architects ^ " A second edition of Mr. Alfred Emden's useful work on The Law relating to Building Leases, and Building Contracts, has just been issued by Messrs. Stevens & Hayncs, Bell Yard, Temple Bar. The first edition soon became exhausted, and the learned author has entirely rewritten, remodelled, and considerably enlarged the previous edition. There is a good collection of precedents with respect to matters connected with building, together with the Statute Law relating to building, with notes, and the latest cases under the various sections. A new and comprehensive index has been compiled, and last, but not least, is an excellent glossary of architectural and building terms used in the Building Act, building leases and contracts, &c." — Law Times. "We have been asked from time to time which is the text-book of the Law relating to Building, Building Leases, and Building Contracts, and we have had to reply that, so far as we know, the com- prehensive -work published by Messrs. Stevens & Hayncs, of Bell Yard, Temple Bar, by Mr. Alfred Emden, is the best and most generally useful we know. We mention this fact because a second edition has just been published, ' rewritten, remodelled, and enlarged,' on the law relating to buildings, with new chapters on damage to property or person caused by building, gas and water, support, party walls, and light. Voluminous precedents are also given, with a comprehensive view of the Statute Law, which has materially changed since the first edition was published in 1882. It is well that those engaged in the building trade should bear this in mind, as much litigation would therefore be avoided, with its consequent expense and annoyance. The book is rendered more valuable from its glossary and well-arranged index." ■ — Building Times. "The present treatise of Mr. Emden deals with the subject in an exhaustive manner, which leaves nothing to be desired. . . . The book contains a number of forms and precedents for building leases and agreements which are not to be found in the ordinary collection of precedents." — The Times. " Mr. Emden has obviously given time and labour to his task, and therefore will save time and labour to those who happen to be occupied in the same field of enquiry." — Law Journal. " It may safely be recommended as a practical text-book and guide to all people whose fortune or misfortune it is to be interested in the construction of buildings and other vfo^?,." Saturday Review. "To supply this want is the writer's object in publishing this work, and we have no hesitation in expressing our opinion that it will be found valuable by several distinct classes of persons .... it seems to us a good and useful book, and we recommend the purchase of it without hesitation." — The Builder. " From the point of view of practical utility the work cannot fail to be of the greatest use to all who require a little law in the course of their building operations. They will find both a sound arrangement and a clear sensible style, and by perusing it with ordinary attention many matters of which they were before doubtful will become quite comprehensible," — City Press. STEVENS &- HAYNES, BELL YARD, TEMfLE BAR. In royal 8vo, lioo pages, price 52J. dd., cloth, THE LAW OF THE DOMESTIC RELATIONS, INCLUDING HUSBAND AND WIFE: PARENT AND CHILD: GUARDIAN AND WARD : INFANTS : AND MASTER AND SERVANT. By WILLIAM PINDER EVERSLEY, B.C.L., M.A., OF THE INNER TEMPLE, BARRISTER-AT-LAW. " It is essentially readable and interesting, and ought to take a high place among text books. . . . We say, without hesitation, that this is a learned book, written in a peculiarly fascinating style, having legard to the nature of the subject. ... It can only be said, therefore, that the book is deserving of success upon the merits ; and that the attempt to combine the treatment of three branches of the law which have hitherto been unnaturally divided shows, in itself, a comprehensive grasp of principle." — Laiv Times. "The author may be congratulated upon having produced an excellent treatise on this branch of the law, well arranged, clearly written, and complete. A word of praise, too, must be accorded to the laborious care with which he has accumulated references to the various Reports, and constructed his very full index," — Solicitors' Journal. Second Edition, in one volume, royal 8vo, price 32^., cloth, THE LAW RELATING TO THE SALE OF GOODS AND COMMERCIAL AGENCY. SECOND EDITION. By ROBERT CAMPBELL, M.A., OF Lincoln's inn, barrister-at-law ; advocate of the scotch bar; AUTHOR OF the " LAW OF NEGLIGENCE, ETC." "An accurate, careful, and exhaustive handbook on the subject with which it deals. The excellent index deserves a special word of commendation." — Laiv Qttarterly Revie^o. " We can, therefore, repeat what we said when reviewing the first edition— that the book is a contribu- tion of value to the subject treated of, and that the writer deals with his subject carefully and fully. — Lam ypumal. Second Edition, in one volume, 8vo, price 2Zs., cloth, A TREATISE ON THE CONSTRUCTION AND EFFECT OF STATUTE LAW. WITH APPENDICES CONTAINING WORDS AND EXPRESSIONS USED IN STATUTES WHICH HAVE BEEN JUDICIALLY OR STATUTABLY CONSTRUED, AND THE POPULAR AND SHORT TITLES OF CERTAIN STATUTES. By HENRY HARDCASTLE, barrister-atlaw. SECOND EDITION, REVISED AND ENLARGED, by W. F. CRAIES BARRISTER-AT-LAW. " The result of Mr. Craies' industry is a sound and good piece of work, the new light thrown on the subject since 1879 having been blended whh the old in a thoroughly workmanhke manner. 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In Svo, price (>s. 6d., cloth, THE CUSTOMS AND INLAND REVENUE ACTS, 1880 and 1881 (43 Vict. Cap. 14, and 44 Vict. Cap. 12), So far as they Relate to the Probate, Legacy, and Succession Duties, and the Duties on Accounts. With an Introduction and Notes. By Alfred Hanson, Esq., Comp- troller of Legacy and Succession Duties. %* This forms a Supplement to the Third Edition of the Probate, Legacy, and Succession Duty Acts by the same Author, Third Edition, in Svo, 1876, price 2i,s., cloth, THE ACTS RELATING TO PROBATE, LEGACY, AND SUCCESSION DUTIES. Comprising the 36 Geo. III. c. 52 ; 45 Geo. III. c. 28; 55 Geo. III. c. 184; and 16 & 17 Vict. c. 51 ; with an Introduction, Copious Notes, and References to all the Decided Cases in England, Scotland, and Ireland. An Appendix of Statutes, Tables, and a full Index. By Alfred Hanson, of the Middle Temple, Esq., Barrister-at-Law, Comptroller of Legacy and Succession Duties. Incorporating the Cases to Michaelmas Sittings, 1876. ** It is the only complete book upon a subject of great importance. "Mr. Hanson is peculiarly qualified to be the adviser .at such a time. Hence a volume without a rival." — Laiu Times. ' His book is in itself a most useful one ; its author knows every in and out of the subject, and has presented the whole in a form easily and readily handled, and with good arrangement and clear exposition." — Solicitors' Journal, In royal 8vo, 1877, price lo.r., cloth, LES HOSPICES DE PARIS ET DE LONDRES. THE CASE OF LORD HENRY SEYMOUR'S WILL (WALLACE V. THE ATTORNEY-GENERAL). Reported by FREDERICK WAYMOUTH GIBBS, C.B., Barrister at-Law, LATE FELLOW OF TRINITY COLLEGE, CAMBRIDGE, In Svo, 1S67, price i6j., cloth, CHARITABLE TRUSTS ACTS, 1853, 1855, 1860; THE CHARITY COMMISSIONERS' JURISDICTION ACT, 1862; THE ROMAN CATHOLIC CHARITIES ACTS: Together with a Collection of Statutes relating to or affecting Charities, including the Mortmain Acts, Notes of Cases from 1853 to the present time. Forms of Decla- rations of Trust, Conditions of Sale, and Conveyance of Charity Land, and a very copious Index. Second Edition. By HUGH COOKE and R. G. HARWOOD, of the Charity Commission. STEVENS &= HAYNES, BELL YARD, TEMPLE BAR. 11 In one Volume, 8vo, price 20s. , cloth, THE PRINCIPLES OF COMMERCIAL LAW; WITH AN APPENDIX OF STATUTES, ANNOTATED BY MEANS OF REFERENCES TO THE TEXT. By JOSEPH HURST and LORD ROBERT CECIL, OF THE INNER TEMPLE, BARRISTERS-AT-LAW. "Their compendium, we believe, will be found a really useful volume, one for the lawyer and the' business man to keep at his elbow, and which, if not giving them all that theyrequire, will place in their hands the key to the richer and more elaborate treasures of the Law which lie in larger and more exhaus- tive works." — Latu Times. "The object of the authors of this work, they tell us in their preface, is to state, within a moderate compass, the principles of commercial law. Very considerable pains have obviously been expended on the task, and the book is in many respects a very serviceable one." — Lazv Journal, In one Volume, 8vo, price 20s, cloth, THE RELATIONSHIP OF LANDLORD AND TENANT. By EDGAR FOA, OF THE INNER TEMPLE, BARRISTER-AT-LAW. "Will be found of much value to practitioners, and when a second edition has given the author the opportunity of reconsidering and carefully revising his statements in detail, we think it will take its place as a very good treatise on the modern law of landlord and tenant." — Solicitors^ JournaL " Mr. Foa is a bold man to undertake the exposition of a branch of law so full of difficulties and encum- bered by so many decisions as the Law of Landlord and Tenant. But his boldness is justified by the excellent arrangement and by the lucid statements which characterise his book."— Zai'Zt; Quarterly Review. " Mr. Foa's is a compact work, treating (i) of the creation of the relationship ; (2) the incidents of creation (distress) and determination of the relationship ; (3) modes and incidents of determination. We commend it to the attention of the Profession, and predict for Foa on Landlord and Tenant a very useful and very permanent future'." — Law Times. . '. " We have nothing but praise for the work, and we shall be astonished if it does not take rank in course of time as one of the best— if not the best— work for everyday practice on the subject of Landlord and Tenant." — Law Notes. "Without making any invidious comparison with existing works on the subject, we may frankly say that Mr. Foa's work indisputably possesses merit. . . . Our verdict on the book must be a decidedly favourable one." — Law Students' Journal. " ' The Relationship of Landlord and Tenant,' written by Mr. Edgar Foa, Barrister-at-Law, affords a striking instance of accuracy and lucidity of statement. The volume should be found useful not only by lawyers but by landlords and tenants themselves, the law in each particular being stated with a simplicity and clearness which bring it within the grasp of the lay mind." — Law Gazette, Second Edition, in one Volume, medium 8vo, price 35^., cloth, EMDEN'S COMPLETE COLLECTION OF PRACTICE STATUTES, ORDERS AND RULES. Being a Selection of such Practical Parts of all Statutes, Orders and Rules, as are now in force, and relate to the Practice and Procedure of the Supreme Court. From 1275 to 1886. With Tabulated Summaries of the Leading Cases and Analytical Cross-references. By ALFRED EMDEN, OF THE INNER TEMPLE, ESQ., BARRISTER- AT-LAW J . AUTHOR OF "THE PRACTICE IN WINDING-UP companies;" "the law relating to BUILDING, BUILDING LEASES, AND CONTRACTS J " THE shareholder's LEGAL GUIDE," ETC. ASSISTED BY HERBERT THOMPSON, M.A., of the INNER TEMPLE, BARRISTER-AT-LAW. 12 STEVENS a' HAVNES, BELL YARD, TEMFLE BAR. Just published, in royal 8vo, cloth, 28^., A TREATISE ON THE LAW AND PRACTICE RELATING TO LETTERS PATENT FOR INVENTIONS. WITH AN APPENDIX OF STATUTES, INTERNATIONAL CONVENTION, RULES, FORMS AND PRECEDENTS, ORDERS, &c. By ROBERT FROST, B.Sc. (Lond,), FELLOW OF THE CHEMICAL SOCIETY ; OF LINCOLN'S INN, ESQUIRE, BARRISTER-AT-LAW. " In our view a good piece of work may create a demand, and without disparaging existing literature upon the subject of patents, we think the care and skill with which the volume by Mr. Frost has been compiled, entitles it to recognition at the hands of the profession. . . . Judging Mr. Frost on this ground, we find him completely satisfactory. A careful examination of the entire volume satisfies us that great care and much labour have been devoted to ihe production of this treatise, and we think that patent agents, solicitors, the bar and the bench, may confidently turn for guidance and instruction to the pages of Mr. Frost." — Laiv Times. " Few practice books contain so much in so reasonable a space, and we repeat that it will be found generally useful by practitioners in this important branch of the law, ... A capital index concludes the book." — Laiv journal. " The book is, as it professes to be, a treatise on patent law and practice, the several topics being con- veniently arranged and discussed in the thirteen chapters which form the body of the work, to which are appended statutes, rules, and forms. The statements of the law, so far as we have been able to test them, appear to be clear and accurate, and the author's style is pleasant and good. . . . The book is a good one, and will make its way. The index is better than usual. Both paper and type are ako excellent."— %S'<7/r«/<7?'j' youmal. In royal 8vo, price 36^., in cloth, A PRACTICAL TREATISE ON THE LAW OF BUILDING AND ENGINEERING CONTRACTS, And of the DUTIES and LIABILITIES of ENGINEERS, ARCHITECTS, SURVEYORS AND VALUERS, WITH AN APPENDIX OF PRECEDENTS, ANNOTATED BY MEANS OF REFERENCE TO THE TEXT AND TO CONTRACTS IN USE. AND AN APPENDIX OF UNREPORTED CASES ON BUILDING AND ENGINEERING CONTRACTS. By ALFRED A. HUDSON, OF THE INNER TEMPLE, BARRISTER-AT-LAW. " A very full index completes the book, Mr. Hudson has struck out a new line for himself, and.pro- duced a work of considerable merit, and one which will probably be found indispensable by practitioners, inasmuch as it contains a great deal that is not to be found elsewhere. The Table of Cases refers to all the reports." — La-w yoiimnl. " Mr. Hudson, having abandoned his profession of an architect to become a barrister, hit upon the idea of writing this work, and he has. done it with a thoroughness which every houseowner would like to see bestowed upon modern houses The Index and Table of Cases reveal a vast amount of industry expended upon detail, and we shall be much surprised if Mr. Hudson does not reap the reward of his labours by obtaining a large and appreciative public." — Law Times. " The author of this somewhat bulky volume has, within the compass of some 900 pages, dealt in a fractical and exhaustive manner with the Law of Building and Engineering Contracts. . . , An Index oi 'recedents and a good General Index will be found at the end of the -^QrV.— Solicitors^ Journal. "... has enabled him to produce a work which, regarded both from the lawyer's and from the architect's and builder's point of view, must be pronounced excellent. It is good from the lawyer's standpoint as being logical in arrangement, clear in statement, and generally accurate in the law laid down. The archi- tect or engineer will also give it praise for answering the questions precisely which arise in his dealings with his employers." — Scotsman, STEVENS <&- HAYNES, BELL YARD, TEMPLE BAR. 13 In 8vo, price \Qs. 6d., cloth, OUTLINES OF THE LAW OF TORTS. By RICHARD RINGWOOD, M.A., OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW ; AUTHOR OF "PRINCIPLES OF BANKRUPTCY," &C., AND LECTURER ON COMMON LAW TO THE INCORl'ORATED LAW SOCIETY. "This is a Work by the well-known author of a student's book on Bankruptcy. Its groundwork is a series of lectures delivered in 1887 by Mr. Ringw^od, as lecturer appointed by the Incorporated Law Society. It is clear, concise, well and intelligently written and one rises from its perusal with feelings of pleasure. . . . After perusing the entire work, we-can conscientiously recommend it to students." — Law Siitdents' yotirjial. " The work is one we well recommend to law students, and the able way in which it is written reflects much, credit upon the author." — Law Times, " Mr. Ringwood's book is a plain and straightforward introduction to this branch of the law." — Law yourftaL Sixth Edition, in 8vo, in preparation. THE LAW OF COMPENSATION FOR LANDS, HOUSES, &c. UNDER THE LANDS CLAUSES, RAILWAY CLAUSES CONSOLIDATION AND METROPOLITAN ACTS, THE ARTIZANS AND LABOURERS' DWELLINGS IMPROVEMENT ACT, 1875, WITH A FULL COLLECTION OF FORMS AND PRECEDENTS. By EYRE LLOYD, OF THE INNER TEMPLE, BARRISTEK-AT-LAW. FIFTH EDITION. By W. J. BROOKS, OF THE INNER TEMPLE, BARRISTEK-AT-LAW. "The work is eminently a practical one, and is of great value to practitioners who have to deal with compensation cases." — Solicitors' Journal. ' It is with much gratification that we have to^ express our unhesitating opinion that Mr. Lloyd's treatise will prove thoroughly satisfactory to the profession, and to the public at large. Thoroughly satisfactory it appears to us in every point of view — comprehensive in its scope, exhaustive in its treatment, sound in its exposition." — Irish Law Times. ' In providing the le^al profession •u.'ith a book which coUains, the decisions o/ the Courts of Laiv and Equity upon the various statutes relating to the Laiv of Compensation, Mr. Myre Lloyd has long si^ice left all competitors zVi the distance, and his book way now be considered the standard luork upon the sub- ject. The plan^f Mr. Lloyds book is generally known, andits lucidity is appreciated; the present quite fulfils all the Promises of the preceding editions, and contains in addition to other matter a complete set ofjomts under the Artizans and Labourers Act, 1875, and specitnens of Bills of Costs, which will be found a novel feature, extremely useful to legal practitioners." — ^Justice of the Peace, In 8vo, price ^js., cloth, THE SUCCESSION LAWS OF CHRISTIAN COUNTRIES, WITH SPECIAL REFERENCE TO THE LAW OF PRIMOGENITURE AS IT EXISTS IN ENGLAND. By eyre LLOYD, B.A., OF THE INNER TEMPLE, BARRISTER-AT-LAW ; AUTHOR OF *' THE LAW OF COMPENSATION UNDER THE LANDS CLAUSES CONSOLIDATION ACTS," ETC. In crown 8vo, price 6j., cloth, ESSAYS IN JURISPRUDENCE AND LEGAL HISTORY. By JOHN W. SALMOND, M.A., LL.B. (Lond.), A BARRISTER OF THE Si:rREME COURT OK NbW ZEALAND. 14 STEVEAS c^ HAYNES, BELL YARD, TEMPLE BAR, In one volume, royal 8vo, price \2s., cloth, PRINCIPLES OF THE LAW OF NEGLIGENCE. By THOMAS BEVEN, [of the inner temple, barrister-at-law ; AUTHOR OF "the law of emplover's liability FOR the NEGLIGE^'CE OF SERVANTS CAUSING INJURY TO FELLOW SERVANTS." "He has treated the well-known subject of Negligence in a scientific way, and has not been content with merely collecting, in more or less relevant positions, a number of cases which anyone could find for himself in any Digest of Law Reports, but has endeavoured to reduce from the chaos of decided cases a systematic study of the subject, with clear enunciations of the principles he finds governing the various decisions. In the arrangement of the book the author has been very happy in his method, a by no means easy task in the treatment of a subject in which each branch of it in reality overlaps another. ... A good index and clear type increase the value of a book which will without doubt receive the hearty commendation of the profession as a successful completion" of the author's ambitious task. "—Laiv Times. The reader who lakes these as samples of the work, will find how careful and exhaustive Mr. Beven has been, and how valuable a contribution he has made to the important branch of the law with which he has undertaken to A^sX" - Solicitor' s Journal. "Jn respect of the style of treatment of the subject, the book must be highly commended. It will be of service to every lawyer who wishes rather to get an intelligent understandmg of the Law of Negligence, than merely to find correct and reliable legal propositions for practical use and that whether he be a student or a practitioner. To the student the work is valuable for the searching and well-sustained discussion of the cases ; and to the practitioner there are presented all the cases that bear on most points for which he may be in search of authority. One of the chief merits of the work is, that all the available authority on eaqh point is collected and so arranged that it can be easily ioxxnA." —Juridical Reviezv. " Contains evidence of much serious work, and ought to receive a fair trial at the hands of the profes- sion." — Law Quarterly Review. " This is the most elaborate wurk on the Law of Negligence which has yet appeared in England. . . . His treatment is original, and has evidently not been adopted without great research, care, and revision.' ' — Law Journal, In one large vol., 8vo, price 32j.j cloth, INSTITUTES AND HISTORY OF ROMAN PRIVATE LAW, WITH CATENA OF TEXTS. By Dr. CARL SALKOWSKI, Professor of Laws, Konigsberg. Translated and Edited by E. E. Whitfield, M.A. (Oxon.). In 8vo, price us. 6d. , cloth, THE NEWSPAPER LIBEL AND REGISTRATION ACT, 1881 With a statement of the Law of Libel as affecting Proprietors, Publishers, and Editors of Newspapers. By G. Elliott, Barrister-at-Law, of the Inner Temple. In one volume, royal 8vo, price 30J., cloth, CASES AND OPINIONS ON CONSTITUTIONAL LAW, AND VARIOUS POINTS OF ENGLISH JURISPRUDENCE. Collected and Digested from OfScial Documents and other Sources; with Notes. By William Forsyth, M.A., M.P., Q.C., Standing Counsel to the Secretary of State in Council of India, Author of " Hortensius, " "History of Trial by Jury," "Life of Cicero," etc., late Fellow of Trinity College, Cambridge. STEVENS &^ HAVNES, BELL YARD, TEMPLE BAR. 15 Fifth Edition, in 8vo,t price los. 6(i., clolh, THE PRINCIPLES OF BANKRUPTCY. WITH AN APPENDIX, CONTAINING THt CONSOLIDATED RULES OF 1886 & 1890, SCALE OF COSTS, 1886,- AND THE BILLS OF SALE ACTS, 1878, 1882 & 1890, Etc., Etc. By RICHARD RINGWOOD, M.A., OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW ; LATE SCHOLAR OF TRINITY COLLEGE, DUBLIN. "This edition is a considerable improvement on the first, and although chiefly written for the use of Students, the work will be found useful to the practitioner." — Law Times. " Those who have to deal with the subject in any of its practical legal aspacts will do well to consult Mr. Ringwood's unpretending but useful volume." — Law Ma^mine. " His book does not profess to be an exhaustive treatise on bankruptcy law, yet in a neat and compact " volume we have a vast amount of well-digested matter. The reader is not distracted and puzzled by having a long list of cases flung at him at the end of each page, as the general effect of the law is stated in a few well-selected sentences, and a reference given to the leading decisions only on the subject. . . An excellent index, and a table of cases where references to four sets of contemporary reports may be seen at a glance, show the industry and care with which the work has been done." — Daily Paper. Sixth Edition, 1890, in royal i2mo, price 20s., cloth. With Supplement, 1891, containing the Act and Rules, 1890, A TREATISE UPON THE LAW OF BANKRUPTCY AND BILLS OF SALE. WITH AN APPENDIX CONTAINING THE BANKRUPTCY ACT, 1883 ; GENERAL RULES AND FORMS OF 1886; SCALE OF COSTS AND FEES OF 1886; RULES UNDER S. 122 of 1888 ; BANKRUPTCY (COUNTY COURT APPEALS) ACT, 1884; BANKRUPTCY DISCHARGE ACT, 1887; RULES AND FORMS; BANKRUPTCY (PREFERENTIAL PAYMENTS) ACT, 1888; DEEDS OF ARRANGEMENT ACT, 18S7 ; RULES AND FORMS; BOARD OF TRADE AND COURT ORDERS; DEBTORS ACTS, 1869, 1878, AND RULES, 1889; BILLS OF SALE ACTS, 1878, 1882, and RULES, 1883. By EDWARD T. BALDWIN, M.A., OF THE INNER TEMPLE, BARRISTER-AT-I.A\V. *^* The Supplement may be had separately^ price y, cloth, " His new edition is in every respect satisfactory." — La'W Times. " It is a tlioroughly good and reliable work. . . . We think— as practitioners— that we would rather have this book than any other on the same subject in our library." — Law Students' Journal. " Mr. Baldwin's book has a well-eained reputation for conciseness, clearness, and accuracy As a terse and readable treatise on Bankruptcy law his work may be commended 10 our readprs. . . , There is a good index." — Solicitors' Journal. "The present edition appears to be quite equal in excellence to its predecessors, and for practitioner's purposes the book is all that can be desired." — Lav.t Notes. 16 STEVENS &> HAYNES, BELL YARD, TEMPLE BAR. Second Edition, in one vol., price 20J., cloth, A COMPENDIUM OF THE LAW OF PROPERTY IN LAND. FOR THE USE OF STUDENTS AND THE PROFESSION: SECOND EDITION. By WILLIAM DOUGLAS EDWARDS, LL.B., OF Lincoln's inn, barrister-at-law. " We consider it one of the best works published on Real Property Law." — Law Students' yournal. "Another excellent compendium which has entered a second edition is Mr. Edwards' 'Compendium of the Law of Property in Land.' No work on English law is written more perspicuously. . . . Mr. Edwards has manifestly bestowed the utmost care in putting into the moiit modern dress a treatise which we think will continue to grow in the estimation of the profession." — Laiv Times. "We formed a very favourable opinion of the first edition of this little book, and our opinion is con- firmed by the perusal of the second edition. The author has the merit of being a sound lawyer, a merit perhaps not always possessed by the authors of legal text books for students." — Law Quarterly Review. "The book is certainly destined to take a high place as a standard work on the Law of Property in Land. The style is good, the conclusions of law are accurate, and the authorities are well selected. . ■ ; • The amount of detail is much greater than in Williams As a companion volume to it, we can with great confidence recommend it to the student ; and the practitioner will find it a very useful epitome of the modern law. Altogether it is a work for which we are indebted to the author, and is worthy of the improved notions of law which the study of jurisprudence is bringing to the front." -Solicitors' Journal, " This book shows signs of thorough work throughout The book is a business-Uke and useful performance.'* — Law Journal. Third Edition, royal 8vo, price 38J., cloth. THE LAW OF CORPORATIONS AND COMPANIES. A TREATISE ON THE DOCTRINE OF ULTRA VIRES: BEING An Investigation of the Principles which Limit the Capacities, Powers, and Liabilities of CORPORATIONS, AND MORE ESPECIALLY OF JOINT STOCK COMPANIES. By SEWARD BRICE, M.A., LL.D., London, OF THE INNER TEMPLEj ONE OF HER MAJESTY'S COUNSEL. THIRD EDITION, REVISED THROUGHOUT AND ENLARGED, AND CONTAINING THE UNITED STATES AND COLONIAL' DECISIONS. ' REVIEWS. ", . . . On the whole, we consider Mr, Brice's exhaustive woj-k a valuable addition to the literatureof the p7-o/e&non" — Saturday Review. " It is the Law of Corporations that Mr. Brice treats of (and treats of more fully, and at the Bame time more scientifically, than any work with which we are acquainted), not the law of principal and agent ; and Mr. Brice does not do his book justice by giving it so vague a title." — Law Jownal. "On thi') doctrine, first introduced in the Common Law Courts in East Anglian Railway Co. r. Eastern Counties Railway Co., Brice on Ultra Vires may be read with advantage."— ye^f^w^w/ of LufiD Justice Bramwell, in the Case o/Evershedv. L, 6^ N. IV. Ry. Co. (L. R., 3 Q. B. Div. 141.) STEPENS IIAYNES, BELL YARD, TEMPLE BAR. 17 Sixth Edition, in royal 8vo, price 34^., cloth, BUCKLEY ON THE COMPANIES ACTS, SIXTH EDITION BY THE AUTHOR. THE LAW AND PRACTICE UNDER THE COMPANIES ACTS, 1862 TO 1890, AND THE LIFE ASSURANCE COMPANIES ACTS, 1870 TO 187?, Including the Companies (Memorandum of Association) Act, The Companies (Winding-up) Act, and the Directors' Liability Act. ^ '^xtixXxst on the fljitu at Joint ,StucIt Compiiuics. CONTAINING THE STATUTES, WITH THE RULES, ORDERS, AND FORMS, TO REGULATE PROCEEDINGS. By H. BURTON BUCKLEY, M.A., OF LINCOLN'S INN, ESQ., ONE OF HER MAJESTY'S COUNSEL. Second Edition in preparation. THE LAW RELATING TO SHIPMASTERS AND SEAMEN. THEIR APPOINTMENT, DUTIES, POWERS, RIGHTS, LIABILIIIES, AND REMEDIES. By JOSEPH KAY, Esq., M.A., Q.C, SECOND EDITION. By the Hon. J, W. MANSFIELD, OF THE INNER TEMPLE, EARKISTER-AT-LAW. REVIEWS OF THE WORK: From the LIVERPOOL JOURNAL OF COMMEROE. " * The law relating to Shipmasters and Seamen ' —such is the title of a voluminous and important work which has just beenissued by Messrs. Stevens and Haynes, theeminentlawpublishers, of London. The author is Mr. Joseph Kay, Cl.C, and while treatinggenerally of the law relating to shipmasters and seamen, he refers more particularly to their ap- foiutment, duties, rights, liabilities, and remedies, t consists of two large volumes, the text occupying nearly twelve hundred pages, and the value of the work being enhanced by copious appendices and index, and by the quotation of a mass of authori' ties. . . . The ivork vtust be an hwaluable o?ie to the shiP(noner^ shi^niaster^ or consul at a foreign ' port. The language is clear and simple^^while the legal standing of the author is a sufficient guarantee that he writes with the requisite authority, and that the cases quoted by him are decisive as regards the points on which he touches." From the LAW JOURNAL. "The author tells us that for ten years he has been engaged upon it. . . . Two large volumes containing 1181 pages of text, 81 pages of appen- dices, 98 pages of index, and upwards of iSoocited cases, attest the magnitude of the work designed and accomplished by Mr. Kay. "Mr. Kay says that he has 'endeavoured to compile a guide and reference book for masters, ship agents, and consuls.* He has been so modest as not CO add lawyers to the list of his pupils ; but his work wiilt lue think, be •welcomed by la'wy£7-s ivho have to do ivith shipping transactions^ ahnost as cordially as it undoubtedly 'mill be by those ivho occupy their business iji the great waters." STEVENS 6^ IIAYNES, BELL YARD, TEMPLE BAR. Fourth EdiLion, in Royal 8vo, price 40^., cloth, THE JUDGMENTS, ORDERS, AND PRACTICE OF THE SUPREME COURT, CHIEFLY in RESPECT to ACTIONS ASSIGNED to the CHANCERY DIVISION. By LOFTUS LEIGH PEMBERTON, One of the registrars of the Supreme Court of Judicature ; and Author of " The Practice in Equity by way of Revivor and Supplement. " "The work under notice ought to be of considerable service to the profession The forms throughout the work — and they arc the most important element in it — appear to us to be accurate, and of the most approved type. This fact alone will commend the new edition to practitioners in the Chancery Division. There is a useful table of the Lord Chancellors and Judges at the beginning of the book, and a very full index concludes it." — Law Times. „___, In demy i2mo, price 5-s'.j THE STATUTORY LAW RELATING TO TRUSTEE SAVINGS BANKS (1863-1891), together with the Treasury Regu- lations (1888— 1889), and the Scheme for the Appointment of the Inspection Committee of Trustee Savings Banks. By Urquhart A. Forbes, of Lincoln's Inn, Esq., Barrister-at-Law, Author of " The I>aw Relating to Savings Banks ;" the "Law of Savings Banks since 1878;" and joint Author of "The Law • Relating to Water." In demy l2mo, price (>s., cloth, THE LAW OF SAVINGS BANKS SINCE 1878; With a Digest of Decisions made by the Chief Registrar and Assistant Registrars of Friendly Societies from 1878 to 1882, being a Supplement to the Law relating to Trustee and Post Office Savings Banks. By U. A. FORBES, of Lincoln's Inn, Barrister-at-Law. *J^ The complete work can be had, frice \os. 6ii., cloth. In 8vo, price \^s., cloth, THE LAW AND PRACTICE RELATING TO THE ADMINISTRATION OF DECEASED PERSONS BY THE CHANCERY DIVISION OF THE HIGH COURT OF JUSTICE ; WITH AH ADDENDA giving the alterations effected by the NEW RULES of 1883, And an APPENDIX OF ORDERS AND FORMS, Annotated by References to the Text. By W. GREGORY WALKER and EDGAR J. ELGOOD, OF Lincoln's inn, baeristers-at-law. "In this volume the most important branch of the administrative business of the Chancery Divi- sion is treated with conciseness and care. Judging from the admirable clearness of expression which characterises the entire work, and the labour which has evidently been bestowed on everjr detail, we do not ihink that a literary executorship could have devolved upon a more able and conscientious repre- .ccntative .... Useful chapters are introduced in their appropriate places, dealing with the . ' Parties to administration actions,' ' The proofs of claims in Chambers,' and ' The cost of adminis- tration actions.' To the last-mentioned chapter we gladly accord special praise, as a clear and succinct summary of the law, from which so far as we have tested it, no proposition of any importance has been omitted .... An elaborately constructed table of cases, with references in separate columns to all the reports, and a fairly good index, much increase the utility of the work," — Solicitors' JouriiaL In Foolscap 8vo, superfine paper, bound in Vellunij price 3^. 6d, neit, ^ A Hviited ntiinber of copies have been printed upon large paper, price ys. 6d. 7teiL SCINTILLAE JURIS. By CHARLES J. DARLING, Q.C., M.P. With a Frontispiece and Colophon by Frank Lockwood, Q.C, M.P. Fourth Edition (Enlarged). '* ' ScintiUae Juris* is that little bundle of humorous essays on law and cognate matters which, since the day of its first appearance, some years ago, has been the delight of legal circles. ... It has a quality of style which suggests much study of Bacon in his lighter vein. Its best essays would not be unworthy of the Essays, and if read out, one by one, before a blindfolded cojtnoisseur, might often be assigned to that woiiuerful hooW—Daiiy Neivs. STEVENS &' HAYNES, BELL YARD, TEMPLE BAR. 19 Second Edition, in 8vo, price 25.S., THE PRINCIPLES OF cloth, THE LAW OF RATING OF HEREDITAMENTS IN THE OCCUPATION OF COMPANIES. By J. H. BALFOUR BROWNE, OF THE MIDDLE TEMPLE, Q.C., And D. N. McNAUGHTON, of the Middle Temple, Barrister- aL-Law. "The tables and specimen valuations which are printed in_an appendix to this volume will be of great service to the parish authorities, and to the legal practitioners who may have to deal with the rating of those properties which are in the occupa- tion of Companies, and we congratulate Mr. Browne on the production of a clear and concise book of the system of Company Rating. There is no doubt that such a work is much neededj and we are sure that all those who are interested m, or have to do with, public rating, will find it of great service. Much credit is therefore due to Mr. Browne for his able_ treatise — a work which his experience as Registrar of the Railway Commission peculiarly qualified him to undertake " — Law Magazme. In 8vo, 1875, price *js. 6ilj cloth, THE LAW OF USAGES & CUSTOMS : g^ '§xutml lab) %xut By J. H. BALFOUR BROWNE, OF THE MIDDLE TEMPLE, Q.C. " We look upon this treatise as a valuable addition to works written on the Science of Law.'' — Canada Law Journal. "Asa tract upon a very troublesome department of Law it is admirable — the principles laid down are sound, the illustrations are well chosen, and the decisions and dicta are harmonised so far as possible and distinguished when necessary." — Irish Law Times. "As a book of reference we know of none so comprehensive dealing with this particular branch oT Common Law In this way the book is invaluable to the practitioner." — Law Magazine. In one volume, 8vo, 1875, pncc iSj-., cloth, THE PRACTICE BEFORE THE RAILWAY COMMISSIONERS UNDER THE REGULATION OF RAILWAY ACTS, 1873 & 1874; With the Amended General Orders of the Commissioners, Schedule of Forms, and Table of Fees ; together with the Law of Undue Preference, the Law of the Jurisdiction of the Railway Commissioners, Notes of their Decisions and Orders, Precedents of Forms of Applications, Answers and Replies, and Appendices of Statutes and Cases, By J. H. BALFOUR BROWNE, OF THE MIDDLE TEMPLE, Q.C. " Mr. Browne's book is handy and convenient in form, and well arranged for the purpose of refer- ence : its treatment of the subject is fully and carefully worked out : it is, so far as we have been able to test it, accurate and trustworthy. It is the work of a man of capable legal attainments, and by official position intimate with his subject ; and we therefore think that it cannot fail to meet a real want and to prove of service to the legal profession and the public." — Law Magazine. In 8vo, 1876, price 7^*. 6^., cloth, ON THE COMPULSORY PURCHASE OF THE UNDERTAKINGS OF COMPANIES BY CORPORATIONS, And the Practice in Relation to the Passage of Bills for Compiilsory Purchase through Parliament. By J. PI. Balfour Browne, of the Middle Temple, Q.C. both by the promoters and opponents, and as this was the first time in which the principle of com- pulsory purchase was definitely recognised, there can be no doubt that it will long be regarded as a leading case. As a matter of course, many inci- dental points of interest arose during the progress of the case. Thus, besides the main question of compulsory purchase, and the question as to whether there was or was not any precedent for the Bill, the questions of water compensations, of appeals from one Committee to another, and other kindred sub- jects were discussed. These are all treated at length by the Author in the body of the work, which is thus a complete legal compendium on the large subject with which it so ably deals." "This is a work of considerable importance to all Municipal Corporations, and it is hardly too much to say that every member of these bodies should have a copy by him for constant reference, Probablj^ at no very distant date the property of all the existing gas and water companies will pass under municipal control, and therefore it is exceedingly desirable that the principles and conditions under which such transfers ought to be made should be clearly under- stood. This task is made eas^ by the present volume. The stimulus for the publication of such a work was given by the action of the Parliamentary Cemmittee which last session passed the preamble of the * Stockton and Middlesborough Corporations Water Bill, 1876.' The volume accordingly con- tains a full report of the case as it was presented D 2 23 STEVENS &= IIAYKES, BELL YARD, TEMPLE BAR. In crown 8vo, price ioj. 6(/. , cloth, THE LAW OF EVIDENCE, By S. L. PHIPSON, M.A., of the Inner Temple, Barrister-at-Law. "We are of opinion that Mr. Phipson has pro- duced a book which will be found very serviceable, not only for practitioners, but also for students. We have tried it in a good many .places, and we find that it is well brought down to date." — Law Journal. " This book condenses a head of law into a comparatively small compass — a class of literary undertaking to which every encouragement should be given, . , . The volume is most portable, most compendious, and as far as we have been able to examine it, as accurate as any law book can be expected to be." — Law Times. In 8vo, 1878, price 6j-., cloth, TPIE LAW RELATING TO CHARITIES, ESPECIALLY WITH REFERENCE TO THE VALIDITY AND CONSTRUCTION OF CHARITABLE BEQUESTS AND CONVEYANCES. Ry FERDINAND M. WHITEFORD, of Lincoln's Inn, Earrister-at-Law. In 8vo, 1872, price "]$. 6d., cloth, AN EPITOME AND ANALYSIS OF SAVIGNY'S TREATISE ON OBLIGATIONS IN ROMAN LAW. By ARCHIBALD BROWN, M.A. EDIN. AND OXON., AND B.C.L. OXON., OF THE MIDDLE TEMPLE, EARRISTER-AT-LAW, the French translation consisting of two volumes, with some five hundred pages apiece, as compared with Mr. Brown's thin volume of a hundred and Jfifty pages. At the same time the pith of Von Savigny's matter seems to be very successfully pre- served, nothing which might be useful to the English reader being apparently omitted." — Laiv * ' Mr. Archibald Brown deserves the thanks of all interested in the science of Law, whether as a study or a practice, for his edition of Herr von Savigny's great work on ' Obligations.' Mr. Brown has undertaken a double task — the translation of his author, and the analysis of his author's matter. That he has succeeded m reducing the bulk of the original will be seen at a glance ; 1 Journal. THE ELEMENTS OF ROMAN LAW. Second Edition, in crown 8vo, price 6j., cloth, A CONCISE DIGEST OF THE INSTITUTES OF GAIUS AND JUSTINIAN. With copious References arranged in Parallel Columns, also Chronological and Analytical Tables, Lists of Laws, Ss'c. Ss'c. Primarily designed for the Use of Students preparing for Examination at Oxford, Cambridge, and the Inns of Court. By SEYMOUR F. HARRIS, B.C.L., M.A., WORCESTER COLLEGE, OXFORD, AND THE INNER TEMPLE, BAREISTER-AT-LAW, AUTHOR OF " UNIVERSITIES AND LEGAL EDUCATION." " Mr. Harris'' s digest ought to have very great success among law students loth in the Inns of Court and the Universities. His book gives evidence of praiseworthy accuracy and laborious condensation." — Law Journal. " This book contains a summary in English of the elements of Roman Law as contained in the works of Gains and fiistinian, and is so arranged that the reader can at once see -.ijhat are the opinions of either of these two lariters on each point. From the very exact and accurate references - to titles and sectiojis given he can at once refer to the original writers. The concise manner in which Mr. Harris has arranged his digest will render it most tiseful, not only to the students for whom it was originally written, but also to those persons who, though they have not the time to wade throus;h the larger treatises of Poste, Sanders, Ortolan, and others, yet desire to obtain some knowledge of Roman Law.'' — Oxford and Cambridge Undergraduates' Journal. "Mr. Harris deserves the credit of having produced an epitotne which will be of service to those numerous students who have no time or sufficient ability to analyse the Institute's for themselves.'" — Law Times. WORKS FOR LA IV STUDENTS. 21 Fourth Edition, in 8vo, price 2IJ., cloth, ENGLISH CONSTITUTIONAL HISTORY: FROM THE TEUTONIC INVASION TO THE PRESENT TIME. ^csignci as a "tJCcxt-iffoli for ^tubcnta nnb othcvs, By T. p. TASWELL-LANGMEAD, B.C.L., OF Lincoln's ink, barrister-at-law, formerly vinerian scholar in the university, AND LATE PROFESSOR OF CONSTITUTIONAL LAW AND HISTORY, UNIVERSITY COLLEGE, LONDON. Fourth Edition, Revised throughout, with Notes and Appendices. By C. H. E. Carmichael, M.A. Oxon. "Mr. Carmichael has performed his allotted task with credit to himself, and the high standard of excellence attained by Taswell-Langmead's treatise is worthily maintained. This, the third edition, will be found as useful as its predecessors to the large class of readers and students who seek in its pages accurate knowledge of the history of the constitution." — Law Times. "To the student of constitutional law this work will be invaluable The book is remarkable for the raciness and vigour of its style. Tde editorial contributions of Mr. Carmichael are judicious, and add much to the value of the work." — Scottish Laiv Reziiezv. " The work will continue to hold the field as the best class-book on the subject." — Contemporary Revieiv. " The book is well known as an admirable introduction to the study of constitutional law for students at law. . . . Mr. Carmichael appears to have done the work of editing, made necessary by the death of Mr. Taswell-Langmead, with care and judgment." — Law Journal. ' " The work before us it would be hardly possible to praise too highly. In style, arrangement, clearness, and size, it would be difficult to find anything better on the real history of England, the history of its constitutional growth as a complete story, than this volume." — Boston {l/.S.) Literary World. "As it now stands, we should find it hard to name a better text-book on English Constitutional History." — Solicitors' your^ial. "Mr. Taswell-Langmead's compendium of the rise and development of the English Constitution has evidently supplied a want The present Edition is greatly improved. . . . We have no hesitation in saying that it is a thoroughly good and useful work." — Spectator. " It is a safe, careful, praiseworthy digest and manual of all constitutional historjr and law," — Globe. '"The volume on English Constitutional History, by Mr. Taswell-Langmead, is exactly what such a history should be." — Sta^idard, " Mr. Taswell-Langmead has thoroughly grasped the bearings of his subject. It is, however, in dealing with that chief subject of constitutional history — parliamentary government — that the work exhibits its great superiority over its rivals." — Academy. Second Edition, in 8vo, price 6j., cloth, HANDBOOK TO THE INTERMEDIATE AND FINAL LLB. OF LONDON UNIVERSITY ; (PASS AND HONOURS), iNCinDiNG A COMPLETE SUMMARY OF "AUSTIN'S JURISPRUDENCE," AND THE EXAMINATION PAPERS of LATE YEARS in ALL BRANCHES. By a B.A., LL.B. (Lond.). " Increased in size and usefulness. ... The book will undoubtedly be of help to those students _ who prepare themselves for examination. ... The Appendix contains a good selection of papers set at the different examinations."— Xaiu Times. , ^ , „ . „ a t t t> .• r kt t " A very good handbook to the Intermediate and Final LL.B. by a B.A., LL.B. —Law Notes. In Crown 8vo, price 3^. ; or Interleaved for Notes, price i^., CONTRACT LAW. OUESTIONS ON THE LAW OF CONTRACTS. With Notes to the Answers. Founded on ''Anson," " Chilty," and ''Pollock." By Philip Foster Aldred, D.C.L., Hertford College and Gray's Inn ; late Examiner for the University of Oxford. " This aooears to us a very admirable selection of questions, comparing favourably with the average run of those set in examinations, and useful for the purpose of testing progress. -Law 'Jounml. 22 WORKS FOR LAW STUDENTS, Tenth Edition, in 8vo, price 25J., cloth, THE PRINCIPLES OF EQUITY. INTENDED FOR THE USE OF STUDENTS AND THE PROFESSION. By EDMUND H. T. SNELL, OF THE MIDDLE TEMPLE, BAKRISTEK-AT-LAW. TENTH EDITION. By ARCHIBALD BROWN, M.A. Edin, & Oxon., & B.C.L. Oxon., OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW ; AUTHOR OF "A NEW LAW DICTIONARY, "an analysis of SAVIGNV on obligations," and THE "law OF FIXTURES." REVIEWS. " Mr. Brown's long experience (he has edited seven editions of this book) has enabled him so to treat the subject as to be invaluable to students." — Law Journal. "Tliis work on the 'Principles of Equity' has, since the ijublication of the First Edition, been recognised as the best elementary treatise on the subject, and it would not be necessary to say more of this Ediiion, than to mention the fact of its publication, were it not for the fact that the author, Mr, Snell, is dead, and the late Editions have been brought out under the care of Mr. Brown. It seldom happens that a new editor is able to improve on the work of his predecessor in its plan or its details. But in the case of the present work we find that each edition is a manifest improvement on the former ones, and well as Mr. Snell did his work we discover that Mr. Brown has done it better."— //zVz Laiv Times. " This is the Ninth Edition of certainly one of the best, and probably the most widely read, text-book which deals with any part of the English law." — Oxford Magazine. " It is ample proof of the popularity of * Snell's Principles of Equity,' that it has now reached its Ninth Edition in the hands of Mr. Archibald Brown." — Law Tivies. " This is now unquestionably the standard book on Equity for students." — Sahn-day Review. " On the whole we are convinced that the Sixth Edition of Snell's Equity is destined to be as highly thought of as its predecessors, as it is, in our opinion, out and out the best work on the subject with which it deals." — Gibson i> Law Notes. " We Imow of no better inti^oduction to the Principles of Equity ^'^ — Canada Law Journal. "Within the ten years which have elapsed since the appearance of the first edition of this work, its reputation has steadily increased, and it has long since been recognised by students, tutors, and practitioners as the best elementary treatise on the important and difficult branch of the law which forms its subject." —Law Magazine and Reviezv. Fourth Edition, in 8vo, price 6j.j cloth, AN ANALYSIS OF SNELL'S PRINCIPLES OF EQUITY. Founded on the T^ntii Edition. With Notes thereon. By E. E. Blyth, LL.D., Solicitor. " Mr. Elyth's book will undoubtedly be very useful to readers of Snell." — Law Times. ^ "This is an admirable analysis of a good treatise — read with Snell, this little book will be found very profitable to the student." — Law Jotimal. In 8vo, price 2J., sewed, QUESTIONS ON EQUITY. FOR STUDENTS PREPARING FOR EXAMINATION. FOUNDED ON THE NINTH EDITION OF SNELL'S "PRINCIPLES OF EQUITY." By W. T. WAITE, BARRISTER-AT-LAW, HOLT SCHOLAR OF THE HONOURABLE SOCIETY OF GRAY's INN. WORKS FOR LAW STUDENTS, 23 Second Edition, in one volume, 8vo, price \%s., clotli, PRINCIPLES OF CONVEYANCING, AN ELEMENTARY WORK FOR THE USE OF STUDENTS. By henry C. DEANE, OF Lincoln's inn, liARKiSTKR-AT-LAw, sometime lecturer to the incorporated law socikty OF THE UNITED KINGDOM. *' We hope to see this book, like SneWs Equity, a standard class-book in all Laiu Schools where English latv is taught.'' — Canada Law Journal. " We like the work, it is well written and is an I " In the parts which have been re-written, Mr. excellent student's book, and being onl^ just pub- I Deane has. preserved the same pleasant style marked lished, it has the great advantage of having in it all ' by simplicity and lucidity which distinguished his • I V... :»..»—<■..«>- annr>»nif>nl-i> .-all *-lvl IT ¥r\ l->rtnirDir_ fivcl" Orl 1 hli-ltl A (Voi- ' "W^l 1 1 1 ^ TTl C rtll "R pal T*mn*> r t V . the recent important enactments relating to convey' ancing. It possesses also an excellent index." — L,aw Stfteients' yountal, ** Will be found of great use to students entering upon the difficulties of Real Property^ Law. It has an unusually exhaustive index covering some fifty pages." — Law Times. first edition. After 'Williams on Real Property,* there is no book which we should so strongly recommend to the student entering upon Real Pro- perty Law as Mr. Deane's ' Principles of Convey- ancing,' and the high character which the first edition attained has been fully kept -up in this second." — Law Journal, Fourth Edition, in 8vo, price loj., cloth, A SUMMARY OF THE LAW & PRACTICE IN ADMIRALTY. FOR THE USE OF STUDENTS. By EUSTACE SMITH, OF THE INNER TEMPLE; AUTHOR OF "A SUMMARY OF COMPANY LAW. " " The book is well arranged, and forms a good introduction to the snh]eQt."—Solicilors'yaiiriiat. " It is however, in our opinion, a well and carefully written little work, and should be in the hand's of every student who is taking up Admiralty Law at the Final."— Zaa/ Students' Journal. " Mr Smith has a happy knack of compressing a large amount of useful matter in a small compass. 1 he present 'work will doubtless be received with satisfaction equal to that with which his previous Summaiy has been met."— Ox/ord aiid Cambridge Undergraduates' Jmrual. Third Edition, in 8vo, price 7j. (id., clolh, A SUMMARY OF THE LAW AUD PRACTICE IN THE ECCLESIASTICAL COURTS. FOR THE USE OF STUDENTS. By EUSTACE SMITH, OF THE INNER TEMPLE; AUTHOR OF "a SUMMARY OF COMPANY LAW," AND "A SUMMARY CF THE LAW AND PRACTICE IN ADMIRALTY.' " His object has been, as he tells us in his preface, to give the student and general reader a fa^r DUiline of the scope and extent k ecclesiastical law, of the principles on which it is founded of the Couns by wHchit^s enforced, and thq procedure by which these Courts are regulated. We think the book well Mfils its obiec?.lls value is much enhanced by a profuse citation of authorities for the propositions contained in it."— Bar Examination Journal. Fourth Edition, in 8vo, price ^s. dd., cloth, AN EPITOME OF THE LAWS OF PROBATE AND DIVORCE, FOR THE USE OF STUDENTS FOR HONOURS EXAMINATION. By J. CARTER HARRISON, Solicitor. " The work is considerably enlarged, and we think improved, and will be found cf great assistance to students."— iirtw Students' Journal, 21 WORKS FOR LAW STUDENTS. Sixlh Edition. In one volume, 8vo, price 20J., cloth, PRINCIPLES OF THE COMMON LAW. INTENDED FOR THE USE OF STUDENTS AND THE PROFESSION. SIXTH EDITION. 1$Y JOHN INDERMAUR, Solicitor, AUTHOR OF "A MANUAL OF THE PRACTICE OK THE SUPREME COURT," " EPITOMES OF LEADING CASES," AND OTHER WORKS. "The student will find in Mr. Indermaur's book a safe and clear guide to the Prin- ciples of Common Law." — Laiv yournal, 1892. "The present edition of this elementary treatise has been in general edited with praise- worthy care. The provisions of the statutes affecting the subjects discussed, which have been passed since the publication of the last edition, are clearly summarised, and the effect of the leading cases is generally very well given. In the difficult task of selecting and distinguishing principle from detail, Mr. Indermaur has been very successful ; the leading principles are clearly brought out, and very judiciously-illustrated."— Solicitors' 'Journal. "The work is acknowledged to be one of the best written and most useful elementary works for Law Students that has been published." — Law Times, '' The praise which we were enabled to bestow upon Mr. Indermaur's very useful com- pilation on its first appearance has been justified by a demand for a second edition." — Law Magazine, "We were able, four years ago, to praise the first edition of Mr. Indermaur's book as likely to be of use to students in acquiring the elements of the law of torts and contracts. The second edition maintains the character of the book."— Z^rzy Journal, "Mr. Indermaur renders even law light reading. He not only possesses the faculty of judicious selection, but of lucid exposition and felicitous illustration. And while his works are all thus characterised, his ' Principles of the Common Law ' especially displays those features. That it has already reached a second edition, testifies that our estimate of the work on its first appearance was not unduly favourable, highly as we then signified approval ; nor needs it that we should add anything to that estimate in reference to the general scope and execution of the work. It only remains to say, that the present edition evinces that every care has been taken to insure thorough accuracy, while including all the modifications in the law that have taken place since the original publication ; and that the references to the Irish decisions which have been now introduced are calculated to render the work of greater utility to practitioners and students, both English and Irish." — Irish Law Times. " This work, tht author tells us in his Preface, is written mainly with a view to the examinations of the Incorporated Law Society ; but we think it is likely to attain a wider usefulness. It seems, so far as we can judge from the parts we have examined, to be, a careful and clear outline of the principles of the cotnmon law. It is very readable ; and not only students, but many practitioners and the public, might benefit by a -perusal of its pages,'' — Solicitors' Journal. WOIiKS FOR LAW STUDENTS. 25 Fifth Edition, in 8vo, price I2j. dd., cloth, A MANUAL OF THE PRACTICE OF THE SUPREME COURT OF JUDICATURE, IN THE QUEEN'S BENCH AND CHANCERY DIVISIONS. Intended for the use of Students and the Profession, By John Indermaur, Solicitor. " The second edition has followed quickly upon the first, which was published in 1878. This fact affords good evidence that the book has been found useful. It contains sufficient information to enable the student who masters the contents to turn to the standard works on practice with advantage."— Z-rtw Thnes. " This is a very useful student's book. It is clearly written, and gives such information as the student requires, without bewildering him with details. The portion i-elating to the Chancer^' Division forms an excellent introduction to the elements of the practice, artd may be advantageously used, not only by articled clerks, but also by pupils entering the chambers of equity draftsmen." — Solicitors' Jonriiai, Seventh Edition, in Svo, price 6s. , cloth, AN EPITOME OF LEADING COMMON LAW CASES; WITH SOME SHORT NOTES THEREON. Chiefly intended as a Guide to " Smith's Leading Cases." By John Indermaur, Solicitor (Clifford's Inn Prizeman, Michaelmas Term, 1872). *' We have received the third edition of the ' Epitome of Leading Common Law Cases,' by Mr. Inder- maur, Solicitor. The first edition of this work was published in February, 187J, the second in April, 1874; and now we have a third edition dated September, 1875. No better proof of the value of this book can be furnished than the fact that in less than three years it has reached a third edition." — Law JournaL Seventh Edition, in 8vo, price ds., cloth, AN EPITOME OF LEADING CONVEYANCING AND EQUITY CASES; WITH SOME SHORT NOTES THEREON, FOR THE USE OF STUDENTS. By John Indermaur, Solicitor, Author of "An Epitome of Leading Common Law Cases. '' " We have received the second edition of Mr. Indermaur's very useful Epitome of Leading Convey- ancing and Equity Cases. The work is very well done." — Lazv Times. *'The Epitome well deserves the continued patronage of the class — Students — for whom it is especially intended. Mr. Indermaur will soon be known as the ' Students' Friend.' " — Canada Law Journal. Fifth Edition, in 8vo, price 5^. 6n'., cloth, SELF-PREPARATION FOR THE FINAL EXAMINATION. CONTAINING A COMPLETE COURSE OF STUDY, WITH STATUTES, CASES AND QUESTIONS; And intended for the use of those Articled Clerks who read by themselves. By John Indermaur, Solicitor. "In this edition Mr. Indermaur extends his counsels to the whole period from the Intermediate examination to the Final. His advice is practical and sensible : and if the course of study he recommends is intelligently followed, the articled clerk will have laid in a store of legal knowledge more than sufficient to carry him through the Final Examination." — Solicitors' Jonntal. " 'This book contains recommendations as to how a complete course of study for the above examination should be carried out, with reference to the particular books to be read seriatim. We need only remark that it is essential for a student to be set on the right track in his reading, and that anyone of ordinary ability, who follows the course set out by Mr. Indermaur, ought to pass with great credit."— Zavt; Journal. Fourth Edition, in 8vo, price 8j-., cloth, SELF -PREPARATION FOR THE INTERMEDIATE EXAMINATION, As it at present exists on Stephen's Commentaries. Containing a complete course of Study, with Statutes, Questions, and Advice as to portions of the book which may be omitted, and of portions to which special attention should be given ; also the whole of the Questions and Answers at the Intermediate Examinations which have at present been held on Stephen's Commentaries, and intended for the use of all Articled Clerks who have not yet passed the Intermediate Examination. By John Indermaur, Author of " Principles of Common Law," and other works. In 8vo, 1875, price ds., cloth, THE STUDENTS' GUIDE TO THE JUDICATURE ACTS, AND THE RULES THEREUNDER: Being a book of Questions and Answers intended for the use of Law Students. By John Indermaur, Solicitor. 23 WORKS FOR LAW STUDENTS. Fifth Edition, in Crown 8vo, price I2x. 6(/., cloth, AN EPITOME OF CONVEYANCING STATUTES, Extending from 13 Edw. I. to the End of 55 & 56 Victori/«. Fifth Edition, with Short Notes. By George Nichols Marcy, of Lincoln's Inn, Barrister-at-Law. Second Edition. In 8vo, price zds., cloth, A NEW LAW DICTIONARY, AND INSTITUTE OF THE WHOLE LAW ; EMBRACING FRENCH AND LATIN TERMS AND REFERENCES TO THE AUTHORITIES, CASES, AND STATUTES. SECOND EDITION, revised throughout, and considerably enlarged. By ARCHIBALD BROWN, M.A. EUIN. ANDOXON., AND B.C.L. OXON., OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW J AUTHOR OF THE "law of fixtures," "ANALYSIS OF SAVIGNV's OBLIGATIONS IN ROMAN LAW," ETC. Reviews of the Second Edition. "So far as we have been able to examine the work, it seems to have been most carefully and accurately executed, the present Edition, besides containing mtich new matter, having been thoroughly revised in consequence of the recent changes in the law ; and we have no doubt whatever that it will be found extremely useful, not only to students and practitionei s, but to public men, aird men of letters." — Irish Law Times. "Mr. Brown has revised his Dictionary, and adapted it to the changes effected by the ytidicature Acts, and it now constitutes a very useful ivork to put into the hands of any student or articled clerk, and a work wh ich the practitioner will find of value for reference. " — Solicitors' Journal. ' ' It will prove a reliable guide to law students, ajui a handy book of reference for practitioners. " — Law Times. In Royal 8vo., price 5j., cloth, ANALYTICAL TABLES THE LAW OF REAL PROPERTY; Drawn up chiefly frcJln STEPHEN'S BLACKSTONE, with Notes. By C. J. TARRING, of the Inner Temple, Barrister-at-Law. Table I. Tenures. ,, II. Estates, accordmg to quantity of Tenants' Interest. ,, III. Estates, according to the time at which the Interest is to be enjoyed. „ IV. Estates, according to the number and connection of the Tenants. CONTENTS. Table V. Uses. ,, VI. Acquisition of Estates in land of freehold tenure. ,, VII. Incorporeal Hereditaments. ,, VIII. Incorporeal Hereditaments. "Great care and considerable skill have been shown in the compilation of these lab!t'5j which will be tound of much service to students of the Law of Real Property." — Law Times, IVORKS FOR LAW STUDENTS. 27 Sixth Edition, in 8vo, price 20s., cloth, PRINCIPLES OF THE CRIMINAL LAW. INTENDED AS A LUCID EXPOSITION OF THE SUBJECT FOR THE USE OF STUDENTS AND THE PROFESSION. By SEYMOUR F. HARRIS, B.C.L., M.A. (Oxon.), AUTIIOK OF "a concise DIGEST OF THE INSTITUTES OF GAIUS AND JUSTINIAN." SIXTH EDITION. By C. L.-ATTENBOROUGH, of the Inner Temple, Barrister-at-Law. REVIEWS. " The characterislic of the present Edition is the restoration to tlie book of the cli.iracter of ' a concise exposition ' proclaimed by the title-page. Mr. Attenborough has carefully pruned away the excrescences which had arisen in successive editions, and has improved the work both as regards terseness and clearness of exposition. In both respects it is now an excellent student's book. The text is very well broken up into headings and paragraphs, with short marginal notes — the importance of which, for the convenience of the student, is too often overlooked." — Solicitcrs' yourntil. ' ' We think the book — always a favourite with students — has got a new lease of life, and will now prove the only text book which most men will care to study until they get beyond the examination stage of their existence. . . . On the whole our verdict is that the new Edition is distinctly a success, and we have no hesitation in commending it to the student as the best text book that exists for his purposes." — La^v Students' Jmtriial. " The favourable opinion we expressed of the first edition of this work appears to have been justified by the reception it has met with. Looking through this new Edition, we see no reason to modify the praise we bestoived on the former Edition. The recent cases have been added and the provisions of the Summary Jiirisdiction Act are noticed in the chapter relating to Summaiy Convictions. The book is one of the best manuals of Criminal Law for the student." — Solicitors' Journal. " There is no lack of Works on Criminal Law, but there was room for such a useful handbook of Pnnciples as Mr. Seymour Harris has supplied. Accustomed, by his previous labours, to the task of analysing the law, Mr. Hairis has brought to bear upon his present work qualifications well adapted to scctire the successful accomplishment of the object which he had set before him. That object isi not an ambitious one, for it does not pretend to soar above utility to the young practitioner and the student. For both these classes, and for the yet wider class ivho may require a book of reference on the subject, Mr. Harris has produced a clear and convenient Epitome of the Law. A noticeable feature oj Mr. Harris's work, which is likely to prove of assistance both to the practitioner and the student, consists of a Table of Offences, with their legal character, their punishment, and the statute under which it is inflicted, together with a reference to the pages %vhere a Statement of the Law zuill be found."— Lh-Vi Magazine and Review. " This work purports to contain ' a concise exposition of the nature of crime, the various offences punish- able by the English law, the law of criminal procedure, and the law of summary convictions,' with tables of offences, punishments, and .statutes. The work is divided into four books. Book I. treats of crime, its divisions and essentials ; of persons capable of committing crimes ; and of principals and accessories. Book II. deals with offences of a ptiblic nature ; offences against private persons ; and offences against the property of individuals. Each crime is discussed in its turn, with as much brevity as could well be used consistently with a proper explanation of the le^al characteristics of the several offences. Book IH. explains criminal procedure, including the jurisdiction of Courts, and the various steps in the apprehension and trial of criminals from arrest to punishment. This part of the work is extremely well done, the description of the trial being excellent, and thoroughly calculated to impress the mind of the iininitiated. Book IV. contains a short sketch of ' summary convictions before magistrates out of quarter sessions. 1 he table of offences at the end of the volume is most useful, and there is a very full index. Altogether we must congratulate Mr. Harris on his adventure." — Law Journal. "Mr. Harris has undertaken a work, in our opinion, so much needed that he might diminish its bulk in the next edition by obliterating the apologetic preface. The appearance of his volume is as well timed as its execution is satisfactoiy. The author has shown an ability of omission which is a good test of skill, and from the overwhelming mass of the criminal law he has discreetly selected just so much only as a learner needs to know, and has presented it in terms which render it capable of being easily taken into the mind."— Solicitors' Journ-il. 28 WORKS FOR LAW S-IUDENTS. Second Edition, in crown 8vo, price 5^. (>d., cloth, THE STUDENTS' GUIDE TO BANKRUPTCY; Being a Complete Digest of the Law of Bankruptcy in the shape of Questions and Answers, and comprising all Questions asked at the Solicitors' Final Examinations in Bankruptcy since the Bankruptcy Act, 1883, and all important Decisions since that Act. By John Indermaur, Solicitor, Author of " Principles of Common Law," &c., &c. In l2mo, price 5^. 6d., cloth, A CONCISE TREATISE ON THE LAW OF BILLS OF SALE, FOR THE USE OF LAWYERS, LAW STUDENTS, & THE PUBLIC. Embracing the Acts of 1878 and 1882. Part I.— Of Bills of Sale generally. Pait II.— Of the Execution, Attestation, and Registration ot Bills of Sale and satisfaction thereof. Part III.— Of the EfiFe,cts of Bills of Sale as against Creditors. Part IV. ■ — Of Seizing under, and Enforcing Bills of Sale. Appendix, Forms, Acts, &c. By John Indermaur, Solicitor. " The object of the book is thoroughly practical. Those who want to be told exactly what to do and where to go when they are registering a bill of sale will find the necessary information in this little book." — Law youmal. In 8vo, price 2s. 6d., cloth, A COLLECTION OF LATIN MAXIMS, LITERALLY TRANSLATED. INTENDED FOR THE USE OF STUDENTS FOR ALL LEGAL EXAMINATIONS. " The book seems admirably adapted as a book of reference for students who come across a Latin maxim in their reading." — Law Journal. In one volume, 8vo, price 9^-., cloth, LEADING STATUTES SUMMARISED, FOR THE USE OF STUDENTS. By ERNEST C. THOMAS, BACON SCHOLAR OF THE HON. SOCIETY OF GRAV's INN, LATE SCHOLAR OF TRINITY COLLEGE, OXFORD ; AUTHOR OF " LEADING CASES IN CONSTITUTIONAL LAW BRIEFLY STATED." Second Edition, in Svo, enlarged, price 6j., cloth, LEADING CASES IN CONSTITUTIONAL LAW Briefly Stated, with Introduction and Notes, By ERNEST C. THOMAS, BACON SCHOLAR OF THE HON. SOCIETY OF GRAY'S INN, LATE SCHOLAR OF TRINITY COLLEGE, OXFORS. _" Mr. E. C. Thomas has put together in a sHm octavo a digest of the principal cases illustrating Con- stitutional Law, that is to say, all cjuestions as to the rights or authority of the Crown or persons under it, as regards not merely the constitution and structure given to the governing body, but also the mode in which the sovereign power is to be exercised. In an introductory essay Mr. Thomas gives a very clear and intelligent survey of the general functions of the Executive, and the principles by which they are regulated ; and then follows a summary of leading cases." — Saturday Reme'w. " Mr. Thomas gives a sensible introduction and a brief epitome of the familiar leading cases." — Law Tivies. * In 8vo, price 8j., cloth, AN EPITOME OF HINDU LAW CASES. With Short Notes thereon. And Introductorj' Chapters on Sources of Law, Marriage, Adoption, Partition, and Succession. By William M. P. C0GHI.AN, Bombay Civil Service, late Judge and Sessions Judge of Tanna. STEVENS &» HAYNES, BELL YARD, TEMPLE BAR. 29 Second Edition, in crown 8vo, price \2s. 6d., cloth, THE BANKRUPTCY ACT, 1883, With Notes of all the Cases decided under the Act ; The consolidated RULES and FORMS, 1886 ; The Deutors Act, 1869, so FAR AS applicable TO BANKRUPTCY MATTERS, WITH RULES AND FORMS thereunder ; the Bills of Sale Acts, 1878 and 1882 ; Board of Trade Circulars and Forms, and List of Official Receivers ; Scale of Costs, Fees, and Percentages, 1886 ; Orders of the Bankruptcy Judge of the High Court ; and a Copious Index. By WILLIAM HAZLITT, Esq., and RICHARD RINGWOOD, M.A., SENIOR REGISTRAR IN BANKRUPTCY, OF THE MIDDLE TEMPLE, ESQ., BARRISTER-AT-LAW. Second Edition, by R. RINGWOOD, M.A., BarriHter-at-Law. *' This is a very handy edition of the Act and Rules 1 he cross references and marginal references to corresponding provisions of the Act of 1S69 are exceedingly useful There is a very full index, aLd the book is admirably printed." — Solicitors' JoiirnaL Part I., price 7^. ^d.^ sewed, LORD WESTBURY'S DECISIONS IN THE EUROPEAN ARBITRATION. of Lincoln's Inn, Barrister-at-Law. Reported by Francis S. Reilly, Parts I., II., and III., price 25^'., sewed, LORD CAIRNS'S DECISIONS IN THE ALBERT ARBITRATION. Barrister-at-Law. Reported by Feancis S. Reilly, of Lincoln's Inn, Second Edition, in royal 8vo, price 30^., cloth, A TREATISE ON THE STATUTES OF ELIZABETH AGAINST FRAUDULENT CONVEYANCES. The Bitxs of Sale Acts 1S78 and 1882 and the LAW OF VOLUNTARY DISPOSITIONS OF PROPERTY. By the LATE H. W. MAY, B.A. (Ch. Ch. Oxford), Second Edition, thoroughly revised and enlarged, by S. WorthingtonWorthington, of the Inner Temple, Earrister-at-Law. Editor of the "Married Women's Property Acts,!' 5th edition, by the late J. R. Griffith. " Mr. Worthington's work appears to have been conscientious and exhaustive." — Saturday Revieiv, ' Examining Mr. May's book, we find it con- " In conclusion, we can heartily recommend this book to our readers, not only to those who are in large practice, and who merely want a classified list of cases, but to those who have both the desire and the leisure to enter upon a systematic study of our law." — Solicitors' JourJial. "As Mr. Worthington points out, since Mr. May wrote, the 'Bills of Sale Acts' of 1878 and 1882 have been passed ; the ' Married Women's Property Act, 1882 '(making settlements by married wonien void as against creditors in cases in which similar settlements by a man would be void), and the ' Bankruptcy Act, 1883.' These Acts and the deci- sions upon them have been handled by Mr. Worth- ington in a manner which shows that he is master of his subject, and not a slavish copyist of sections and head-notes, which i-; a vicious propensity of many modern compilers of text-books. His Table of Cases (with reference to all the reports), is admirable, and his Index most exhaustive."— Zrtw Times. , . . 1 "The results of the authorities appear to be given well and tersely, and the treatise will we think 'be found a convenient and trustworthy book of reference." — Law Jourtial. structed with an intelligence and precision which render it entirely worthy of being accepted as a guide in this confessedly difficult subject. The subject is an involved one, but with clean and clear handling it is here presented as clearly as it could be. . . . On the whole, he has produced a very useful book of an exceptionally scientific character." — Solicitors' yoitmal. " The subject and the work are both very good. The former is well chosen, new, and interesting ; the latter has the quality which always distin- guishes original research from borrowed labours." — Ainoican Law Review. "We are happy to welcome his(Mr. May's)work as an addition to the, we regret to say, brief cata- logue of law books conscientiously executed. We can corroborate his own description of his labours, ' that no pains have been spared to make the book as concise and practical as possible, without doing so at the expense of perspicuity or by the omission cf any important points.' "—Z-aw Times. 80 STEVENS &' HAYNES, BELL YARD, TEMPLE BAR. In one volume, medium 8vo., price 38^., Cloth ; or in Half-Roxburgh, 42J., A HISTORY OF THE FORESHORE AND THE LAW RELATING THERETO. With a Hitherto Unpublished Treatise by Lord Hale, Lord Hale's " De Jure Maris," and the Thikd Edition of Hall's Essay on the RIGHTS OF THE CROWN IN THE SEA-SHORE. With Notes, and an Appendix relating to Fisheries. By STUART A. MOORE, F.S.A., OF THE INNER TEMPLE, BARRISTER-AT-LAW "This work is nominally a third edilion of the late Mr. Hall's essay on the rights of the Crown in the Sea-shore, but in reality is an absolutely new production, for out of some goo odd pages Hall's essay takes up but 227. Mr. Moore has written a book of great importance, which should mark an epoch in the history of the rights of the Crown and the subject in the litus maris^ or foreshore of the kingdom. Hall's treatise (with Loveland's notes) is set out with fresh notes by the present editor, who is anything but kindly disposed towards his author, for his notes are nothing but a series of exposures of what he deems to be Hall's errors and misrepre- sentations. Mr, Moore admits his book to be a brief for the opposite side of the contention sup- ported by Hall, and a more vigorous and argu- mentive treatise we have scarcely ever seen. Its arguments are clearly and broadly disclosed, and supported by a wealth of facts and cases which show the research of the learned author to have been most full and elaborate. . . . There is no doubt that this is an important work, which must have a considerable influence on that branch of the law with which it deals. That law is contained in ancient and most inaccessible records ; these have now been brought to light, and it may well be that important results to the subject may flow therefrom. The Profession, not to say the general public, owe the learned author a deep debt of gratitude for providing ready to hand such a wealth of materials for founding and building up arguments. Mr. Stuart Moore has written a work which must, unless his contentions are utterly un- founded, at once become the standard text-book on thelawof the Sea-shore." — Law Times, Dec. ist. " Mr. Stuart Moore in his valuable work on the Foreshore." — The Times. " Mr. Stuart Mooie's work on the title of the Crown to the land around the coast of England lying between the high and low water-mark is something more than an ordinary law book. It is a histoi-y, and a very interesting one, of such land and the rights exercised over it from the earliest times to the present day ; and a careful study of the facts contained in the book and of the argu- ments brought forward can scarcely fail to convince the reader of the inaccuracy of the theory, now so constantly put forward by the Crown, that without the existence of special evidence to the contrary, the land which adjoins riparian property, and which is covered at high tide, belongs. to the Crown and not to the owner of the adjoining manor. The list which Mr. Moore ^ives of places where the question of foreshore has been already raised, and of those as to which evidence on the subject exists amongst the public records, is valu- able, though by no means exhaustive; and the. book should certainly find a place in the library of the lord of every riparian manor." — Morning Post. In one volume, 8vo, price \2s., cloth, A TREATISE ON THE LAW RELATING TO THE POLLUTION AND OBSTRUCTION OF WATER COURSES ; Together with a Brief Summary of the Various Sources of Rivers Pollution. By CLEMENT HIGGINS, M.A., F.C.S., OF THE INNER TEMPLE, BARRISTER-AT-LAW. "As a compendium of the law upon a special and rather intricate subject, this treatise cannot but prove of great practical value^ and more especially to those who have to advise upon the institution of proceedings under the Rivers Pollu- tion Prevention Act, 1876, or to adjudicate upon those proceedings when brought." — Irish Law Times. "We can recommend Mr. Higgins' Manual as the best guide we possess." — Public Health. "County Court Judges, Sanitary Authorities, and Riparian Owners will find in Mr. Higgins' Treatise a valuable aid in obtaining a clear notion of the Law on the Subject. Mr. Higgins has accomplished a work for which he will readily be recognised as having special fitness on account of his practical acquaintance both with the scientific and the legal aspects of his subject." — Law Maga- zine and Review. "The volume is very carefully arranged through- out, and will prove of great utility both to miners and to owners of land on the banks of rivers." — The Mining Journal. "Mr. Higgins writes tersely and clearly, while his facts areso well arranged that it is a pleasure to refer to his book for information ; and altogether the work is one which will be found very- useful by all interested in the subject, to which it relates." — Engineer. "A compact and convenient manual of the law on the subject to which it relates." — Solicitors' Jottmah STEVENS &> BAYNES, BELL YAND, TEMPLE DAK. 31 In 8vo, Fifth Edition, in preparation. MAYNE'S TREATISE ON THE LAW OF DAMAGES. FIFTH EDITION. BY JOHN D. MAYNE, OF THE INNER TEMPLE, BARRISTER-AT-LAW ; AND His Honor Judge LUMLEY SMITH. " Few books have been better kept up to the current law than this treatise. The earlier part of the book was remodelled in the last edition, and in the present edition the chapter on Penalties and Liquidated Damages has been re-written, no doubt in consequence of, or with regard to, the elaborate and exhaustive judgment of the late Master of the Rolls in Wallis v. Smith (31 W. R. 214 ; L. R. 21 Ch. D. 243). The treatment of the subject by the authors is admirably clear and concise. Upon the point involved in Wallis v. Smith they say ' The result is that an agreement with various covenants of different importance is not to be governed by any inflexible rule peculiar to itself, but is to be dealt with as coming under the general rule, that the intention of the parties themselves is to be considered. If they have said that in the case of any breach a fixed sum is to be paid, then they will be kept to their agreement, unless it would lead to such an absurdity or injustice that it must be assumed that they did not mean what they said.' This is a very fair summary of the judgments in Wallis v. Smith, especially of that of Lord Justice Cotton ; and it supplies the nearest approach which can be given at present to a rule for practical guidance. We can heartily commend this as a carefully edited edition of a thoroughly good book." — Solicitors Journal. " The editors have, with their well-known care, eliminated much obsolete matter, and revised and corrected the text in accordance with the recent changes in procedure and legislation. The chapter on penalties and liquidated damages has been to a great extent re-written, and a new- chapter has been added on breach of statutory obligations. As of former editions of this valua- ble work, we can but speak of it with strong commendation as a most reliable authority on a very important branch of our law — the Right to Damages as the result of an Action at Law." — Law Journal, " Duringthe twenty-two years which have elapsed since the publication of this well-known work, its reputation has been steadily grooving, and it has long since become the recognised atiiho7ity on the important subject of which it treats."— Lkvi Magazine and Review. what the facts proved in their judgment required. And, according to the better opinion, they may give damages ' for example's sake,' and mulct a rich man more heavily than a poor one. In actions for injuries to property, however, 'vindictive' cr 'exemplary' damages cannot, except in veryraie cases, be awarded, but must be limited, as in con- tract, to the actual harm sustained, "It is needless to comment upon the arrangement of the subjects in this edition, in which no alteration has been made. The editors modestly express a hope that all the English as well as the principal Irish decisions up to the date have been included, and we believe from our own examination that the hope is well founded. We may regret that, warned by the growing bulk of the book, the editors have not included any fresh American cases, but we feel that the omission was unavoidable. We should add that the whole work has been thoroughly revised ," — Solicitors' yonmal. "This edition of what has become a standard work has the advantage of appearing under the ■ supervision of the original author as well as of Mr. Lumley Smith, the editor of the second edition. The result is most satisfactory. Mr. Lumley Smith's edition was ably and conscientiously pre- pared, and we are glad to find that the reader still enjoys the benefit of his accuracy and learning. Kx. the same time the book has doubtless been improved by the reappearance of its author as co- editor. The earlier part, indeed, has been to a considerable extent entirely rewritten. _ " Mr. Mayne's remarks on damages in actions of tort are brief. We agree with him that in such actions the courts are governed by far looser princi- ples than in contracts; indeed, sometimes it is impossible to say they are governed by any princi- ples at all. In actions for injuries to the person or reputation, for example, a judge cannot do more than give a general direction to the jury to give " This text-book is so well known, not only as the highest authority on the subject treated of but as one of the best text-books ever written, that it would be idle for id., cloth, PRINCIPLES OF THE LAW OF STOPPAGE IN TRANSITU, RETENTION, and DELIVERY. By John Hohston, of the Middle Temple, Barrister-at-Law. In 8vo, price los., cloth, THE TRIAL OF ADELAIDE BARTLETT FOR MURDER ; Complete and Revised Report. Edited by Edward Beal, B.A., of the Middle Temple, Barrister-at-Law. With a Preface by Edward Clarke, Q.C., M.P. In 8vo, price los. 6d., cloth, A REPORT OF THE CASE OF THE QUEEN v. GURNEY AND OTHERS, In the Court of Queen's Bench Ijefore the Lord Chief Justice Cockburn. With Intro- duction, containing History of the Case, and Examination of the Cases at Law and Equity applicable to it. By W. F. Finlason, Barrister-at-Law. In royal 8vo, price los. 6d., cloth, THE PRACTICE OF EQUITY BY WAY OF REVIVOR AND SUPPLEMENT. With Forms of Orders and Appendix of Bills. By LoFTUs Leigh Pemberton, of the Chancery Registrar's Office. STEVENS &= HAYNES, BELL YARD, TEMPLE BAR. 33 In 8vo, price 6j. 6rf., cloth, THE ANNUAL DIGEST OF MERCANTILE CASES FOR THE YEAR 1886. Being a Digest of the Decisions of the English, Scotch and Irish Courts ON Matteks Relating to Commerce. • By JAMES A. DUNCAN, M.A., LL.B., Trin. Coll., Camb., AND OF THE INNER TEMPI E, DARRISTER-AT-LAW. ■' We hope the present issue may be the first of a series which will naturally increase in value with the prngress of time." — Saturday Revieiv. "There can only be one opinion, and that a very decided one indeed, in favour of the value of this book to men of business and to members of legal profession." — Liverpool Merciiry. "A work of such handy reference, well indexed, and containing the essence of a year's decisions, will be found a valuable addition to office libraries." — Lwei'Pool Daily Post, The Annual Digest of Mercantile Cases, for 1885, can also be had, price 6s. j cloth. THE LAW AND PEAOTIOE OF ELECTION PETITIONS, With an Appendix containing the Parliamentary Elections Acts, the Corrupt and Illegal Practices Prevention Acts, the General Rules of Procedure made by the Election Judges in England, Scotland, and Ireland, Forms of Petitions, &c. Third Edition. By Henry Hardcastle, of the Inner Temple, Barrister-at-Law. "Mr. Hardcastle gives us an original treatise with foot-notes, and he has evidently taken very considerable pains to make his work a reliable guide. We can thoroughly recommend Mr. Hardcastle's book as a concise manual on the law and practice of election petitions." — Law Times. Vols. I., .II., & III., price "JZ^. ; and Vol. IV., Pts. I. to IV., price 14^., REPORTS OF THE DECISIONS OF THE JUDGES FOR THE TRIAL OF ELECTION PETITIONS IN ENGLAND AND IRELAND. PURSUANT TO THE PARLIAMENTARY ELECTIONS ACT, 1868. By EDWARD LOUGHLIN O'MALLEY and HENRY HARDCASTLE. %* Vol. IV. Parts III. and. IV. Edited by]. S. Sandars, Banisier-at-Law. In 8vo, price 12^., cloth, THE LAW OF FIXTURES, IN THE PRINCIPAL RELATION OF LANDLORD AND TENANT, AND IN ALL OTHER OR GENERAL RELATIONS. FOURTH EDITION. By ARCHIBALD BROWN, M.A. Edin. and Oxon., and B.C.L. Oxon. OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW. ' ' A new chapter has been added with reference to the Law of Ecclesiastical Fixtures and Dilapida- tions. The book is worthy of the success it has achieved."— Z-rtW Tijnes. "The treatise is commendable as well for origi- nality as for labDriousness," — Law yourjial. 34 STEVENS g^= HAYNES, BELL YARD, TEMPLE BAR. tStcbena anb '§\-&-^xas' §txxts at glj:pi:inta ci tlw Sarlg '^ti^mXtxs. SIR BARTHOLOMEW SHOWER'S PARLIAMENTARY CASES. In 8vo, 1876, price 4/. 4J., best calf binding, SHOWER'S CASES IN PARLIAMENT RESOLVED AND ADJUDGED UPON PETITIONS &= WRITS OP ERROR. FOURTH EDITION. CONTAINING ADDITIONAL CASES NOT HITHERTO REPORTED. REVISED AND EDITED BY RICHARD LOVELAND LOVELAND, OF THE INNER TEMPLE, BARRISTER-AT-LAW ; EDITOR OF " KELYNG'S CKOWN CASES," AND "hall's ESSAY ON THE RIGHTS OF THE CROWN IN THE SEASHORE." " Messrs. STEVENS & Haynes, the successful publishers of the Reprints of Bellewe, Cooke, Cunningham, Brookes's New Cases, Choyce Cases in Chancery, William Kelynge and Kelyng's Crown Cases, determined to issue a new or fourth Edition of Shower's Cases in Parliament. " The volume, although beautifully printed on old-fashioned Paper, in old-fashioned type, instead of being in the quarto, is in the more convenient octavo form, and contains several additional cases not to be found in any of the previous editions of the work. " These are all cases of importance, worthy of being ushered into the light of the world by enterprising publishers. "Shower's Cases are models for reporters, even in our day. The statements of the case, the argumentsof counsel, and the opinions of the Judges, are all clearly and ably given. " This new edition with an old face of these valuable reports, under the able editorship of R. L. Loveland, Esq., should, in the language of the advertisement, ' be welcomed by the profession, as well as enable the custodians of public libraries to complete or add to their series of English Law Reports.'" — Canada Law Journal. BELLEWE'S CASES, T. RICHARD 11. In 8vo, 1S69, price 3/. 3j., bound in calf antique, LES ANS DU ROY RICHARD LE SECOND. Collect' ensembr hors les abridgments de Statham, Fitzherbert et Brooke. _ Per Richard Bellewe, de Lincolns Inne. 15S5. Reprinted from the Original Edition. highly creditable to the spirit and enterprise^ of private publishers. The work is an important link in our legal history ; there are no year books of the reign of Richard II., and Bellewe supplied the only substitute by carefully extracting and collecting all the cases he could find,- and he did it in the most convenient form — that of alphabetical arrangement in the order of subjects, so that the work is a digest as well as a book of law reports. It is in fact a collection of cases of the reign of Richard II., arranged according to their subjects in alphabetical order. It is therefore one of the most intelligible and interesting legal memorials of the Middle Ages." — Laijj Times. " No public library in the world, where English law finds a place, should be without a copy of this edition of Bellewe." — Canada Law Journal, " We have here z.fac-sijnile edition of Bellewe, and it is really the most beautiful and admirable reprint that has appeared at any time. It is a perfect gem of antique printing, and forms a most mterestmg monument of our early legal history. It belongs to the same class of works as the Year Book of Edward I. and other similar works which have been printed in our own time under the auspices of the Master of the Rolls ; but is far superior to any of them, and is in this respect CUNNINGHAM'S REPORTS. In 8vo, 1871, price 3/. 3^., calf antique, Cunningham's (T.) Reports in K. B., 7 to 10 Geo. II.; to which is prefixed a Proposal for rendering the Laws of England clear and certain, humbly offered to the Consideration of both Houses of Parliament. Third edition, with numerous Corrections. By Thomas Townsend Bucknill, Barrister-at-Law. " The instructive chapter which precedes the cases, entitled ' A proposal for rendering the Laws of England clear and certain,' gives the volume a degree of peculiar interest, independent of the value of many of the reported cases. That chapter begins with words which ought, for the information of every people, to be printed in letters of gold. They are as follows : ' Nothing conduces more to the peace and prosperity of every nation than good laws and the due execution of them.* The histoiy of the civil law is then rapidly traced. Next a history is given of English Reporters, beginning with the reporters of the Year Books from i Edw. III. to 12 Hen, VIII. — being near 200 years— and afterwards to the time of the author."- Canada Law Journal. STEVENS HAYNES, BELL YARD, TEMPLE BAR. Fifth Edition, revised and enlarged, 8vo., price 32J. net, A TREATISE ON HINDU LAW AND USAGE. By John D. Mayne, of the Inner Temple, Barrister-at-Law, Author of "A Treatise on Damages," &c. " A new work from the pen of so established an authority as Mr. Mayne cannot fail to be welcome to the legal profession. In his present volume the late Officiating Advocate- General at Madras has drawn upon the stores of his long experience in Southern India, and has produced a work of value alike to the practitioner at the Indian Bar, or at home, in appeal cases, and to the scientific jurist. " To all who, whether as practitioners or administrators, or as students of the science of jurisprudence, desire a thoughtful and suggestive work of reference on Hindu Law and Usage, we heartily recommend the careful perusal of Mr. Mayne's valuable treatise." — Law Magazine and Review. In 8vo, 1877, price iSj-., cloth, A DIGEST OF HINDU LAW, AS ADMINISTERED IN THE COURTS of the MADRAS PRESIDENCY. ARRANGED AND ANNOTATED By H. S. CUNNINGHAM, M.A., Advocate-General, Madras. D UTCH LAW . In 2 Vols., Royal 8vo, price 90J., cloth, VAN LEEUWEN'S COMMENTARIES ON THE ROMAN-DUTCH LAW. Revised and Edited with Notes in Two Volumes by C. W. Decker, Advocate. Translated from the original Dutch by J. G. KoTZ£, LL.B., of the Inner Temple, Barrister-at-Law, and Chief Justice of the Transvaal. With Fac- simile Portrait of Decker from the Edition of 1780. *,.* Vol. II. can be had separately, price 50j-. Buchanan (J.), Reports of Cases decided in the Supreme Court of the CAPE OF GOOD HOPE. 1868, 1869, 1870-73, and 74. Bound in Three Vols. Royal 8vo. 187s, 1876, 1879, etc. Menzies' (W.), Reports of Cases decided in the Supreme Court of the CAPE OF GOOD HOPE. Vol. I., Vol. II., Vol. III. In 8vo, price 42J. , cloth. THE JUDICIAL PRACTICE OF THE COLONY OF THE CAPE OF GOOD HOPE. AND OF SOUTH AFEICA GENERALLY. With suitable and copious Practical Forms, subjoined to, and illustrating the Practice of the several Subjects Treated of. By C. H. Van Zyl, Attorney-at-Law, Notary Public, and Conveyancer, etc., etc. In 8vo, 1878, cloth, PRECEDENTS IN PLEADING: being Forms filed of Record in the Supreme Court of the Colony of the Cape of Good Hope. Collected and Arranged by James Buchanan. In Crown 8vo, price '^xs. 6d., boards, THE INTRODUCTION TO DUTCH JURISPRUDENCE OF HUGO GEOTIUS, with Notes by Simon van Groenwegen van der Made, and References to Van der Keesel's Theses and Schorer's Notes. Translated by A. F. S. Maasdorp, B.A., of the Inner Temple, Barrister-at-Law. In i2mo, price 15^. net, boards, SELECT THESES ON THE LAWS OF HOLLAND & ZEELAND. Being a Commentary of Hugo Grotius' Introduction to Dutch Jurisprudence, and intended to supply certain defects therein, and to determine some of the more celebrated Controversies on th2 Law of Holland. Bf Dionysius Godefridus VAN der Kessel, Advocate, and Professor of the Civil and Modern Laws in the Universities of Leyden. Translated from the original Latin by C. A. Lorenz, of Lincoln's Inn, Barrister-at-Law. Second Edition, With a Biographical Notice of the Author by Professor J. De Wal, of Leyden, STEVENS &- IIAYNES, BELL YARD, TEMPLE BAR. 39 THE 5Sar €]camination annual FOR 1893. (In Continuation of tie Bar Examination Journal.) EXAMINATION PAPERS, 1892, FOR Pass, Honors, and Barstow Scholarship. RESULT OF EXAMINATIONS. NAMES OF SUCCESSFUL CANDIDATES. EXAMINATION REGULATIONS FOR 1893. A GUIDE TO THE BAR. LEADING DECISIONS AND STATUTES OF 1892. NEW BOOKS AND NEW EDITIONS. W. D. EDWARDS, LL.B., OF Lincoln's inn, barrister-at-law. Now published, in Svo, price \Zs, each, cloth, THE BAR EXAMINATION JOURNAL, VOLS. IV, v., VI., VII., VIII., IX. & X. Containing the Examination Questions and Answers from Easter Term, 1878, to Hilary Term, 1892, with List of Successful Candidates at each examination, Notes on the Law of Property, and a Synopsis of Recent Legis- lation of importance to Students, and other information. By a. D. TYSSEN and W. D. EDWARDS, Barristers-at-Law. Fifth Edition. In 8vo, price gs. cloth. A SUMMARY OF JOIHT STOCK COMPANIES' LAW. By T. EUSTACE SMITH, OF THE INNER TEMPLE, BARRISTER-AT-LAW. " The author of this hand-book tells us that, when an articled student reading for the final examina- tion, he felt the want of such a work as that before us, wherein could be found the main principles of law relating to joint-stock companies . . . Law students may well read it ; for Mr. Smith has very wisely been at the pains of giving his authority for all his statements of the law or of practice, as applied to joint-stock company business usually transacted in solicitors' chambers. In fact, Mr. Smith has by his little book offered a fresh inducement to students to make themselves— at all events, to some extent— acquainted with company law as a separate branch of study."— X(»w Times. "These pages give, in the words of the Preface, * as briefly and concisely as possible, a general view both of the principles and practice of the law affecting companies.' The work is excellently printed, and authorities are cited ; but in no case IS the very language of the statutes copied. The plan is good, and shows both grasp and neatness, and, both amongst students and laymen, Mr, Smith's book ought to meet a ready sale." — Law yournal. "The book is one from which we have derived a large amount of valuable information, and we can heartily and conscientiously recommend it to our readers." — Oxford and Cambridge Undergrade nates' journal. 4n STEVENS &= HAYNES, BELL YARD, TEMPLE BAR. In 8vo, Sixth Edition, price gj., cloth, THE MARRIED WOMEN'S PROPERTY ACTS ; 1870, 1874, 1882 and 1884, With Copious and Explanatory Notes, and an Appendix of the Acts Relating to Married Women. By ARCHIBALD Brown, M.A., Edinburgh and Oxon., and the Middle Temple, Barrister-at-Law. Being the Sixth Edition of The Married Women's Property Acts. By the late J. R. Griffiths, B.A. Oxon;, of Lincoln's Inn, Barrister- at-Law. ^ " Upon the whole, we are of opinion that this is the best work upon the subject which has been issued since the passing of the recent Act. Its position as a well-established manual of acknowledged worth gives it attstarting a considerable advantage over new books \ and this advantage has been well maintained by the intelligent treatment of the Editor." — Solicitors' Jozirnal. "The notes are full, but anything rather than tedious reading, and the law contained in them is good, and verified by reported cases. ... A distinct feature of the work is its copious index, practically a summary of the marginal headings of the various paragraphs in the body of the text. This book is worthy of all success." — Law Mi^tgazine. In 8vo, price I2j., cloth, THE LAW OF NEGLIGENCE. SECOND EDITION. By Robert Campbell, of Lincoln's Inn, Barrister-at-Law, and Advocate of the Scotch Bar. " No less an authority than the late Mr. Justice [ new edition brought down to date. It is indeed an Willes, in his judgment in Oppenkehn v. White \ able and scholarly treatise on a somewhat difficult Lion Hotel Co.^ characterised Mr. Campbell's I branch of law, in the treatment of which the ' Law of Negligence ' as a * very good book ; ' and - [ author's knowledge of Roman and Scotch Juris- since very good books are by no means plentif^l, I prudence has stood him in good stead. We con- when compared with the numbers of indifferent ' fidently recommend it alike to the student and the ones which annually issue from the press, we think j practitioner." — Laiv Magazine. the profession will be thankful to the author of this ' In royal 8vo, AN INDEX TO TEN THOUSAND PRECEDENTS IN CONVEYAKCING and to common and commercial FORMS. Arranged in Alphabetical order with Subdivisions of an Analytical Nature ; together with an Appendix containing an Abstract of the Stamp Act, 1870, with a Schedule of Duties ; the Regulations relative to, and the Stamp Duties pay- able on, Probates of Wills, Letters of Administration, Legacies, and Successions. By Walter Arthur Copinger, of the Middle Temple, Barrister-at-Law. BIBLIOTHECA LEGUM. In l2mo (nearly 400 pages), price zs., cloth, A CATALOGUE OF LAW BOOKS. I-luding aU the Reports in the various Courts of England, Scotland, and Ireland ; with a Supplement to December, 1884. By Henry G. Stevens and Robert W. Hayne.s, Law Publishers. In small 4to, price 2s., cloth, beautifully printed, with a large margin, for the special use of Librarians, CATALOGUE OF THE REPORTS IN THE VARIOUS COURTS OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND, arranged both in alpha- BETICAL c5r= CHRONOLOGICAL ORDER. By Stevens & Haynes, Law Publishers. STEVENS &' HAYNES, BELL YARD, TEMPLE BAR. 41 Second Edition, much enlarged, in 8vo., price 20s., cloth. CHAPTERS ON THE LAW RELATING TO THE COLONIES. To which are appended Topical Indexes of Cases decided in the Privy Council on Appeal from the Colonies, Channel Islands and the Isle of Man, and of Cases relating to the Colonies decided in the English Courts otherwise than on Appeal from the Colonies. By CHARLES JAMES TARRING, M.A., ASSISTANT JUDGE OF H.B.M. SUPREME CONSULAR COURT, CONSTANTINOPLE, AND H.M.'s CONSUL; AUTHOR OF "BRITISH CONSULAR JURISDICTION IN THE EAST," "a TURKISH GRAMMAR," ETC. CONTENTS. Table of Cases Cited. Table of Statutes Cited. Introductory. — Definition of a Colony. Chapter I.— The laws to which the Colonies are subject. Section i. — In newly-discovered countries. Section 2. — In conquered or cf ded countries. Section 3. — Generally. Chapter II. — ^The Executive. Section I. — The Governor. A. — Nature of his office, power, and duties. JB. — Liability to answ^er for his acts. I.— Civilly. I. tf. — In the courts of his Govern-* nient. Chapter IV. — The Judiciary and the Bar. Chapter V. — Appeals from the Colonies; Chapter VI. — Imperial Statutes relating to the Colonies. Section I. — Imperial Statutes relating to the Colonies in general. Section 2.— Subjects of Imperial Legislation relating to the Colonies in general. Section 3. — Imperial Statutes relating to par- ticular Colonies. Topical Index of Cases decided in the Privy Council on appeal from the Colonies, the Channel Islands, and the Isle of Man. Index of some Topics of English Law dealt with in the Cases. /'. — In the English courts. ' Topical Index of Cases relating to the Colonies 2. — For what causes of action. I decided in the English Courts otherwise than on II.— Criminalljr. ! appeal from the Colonies. Section 2. — The Executive Council. j Index of Names of Ca.ses. Chapter III. — The Legislative Power. Section 1. — Classification of colonies. Appendix I. Section 2. — Colonies with responsible govern- — II. J ment. Section 3. --Privileges and powers of colonial General Index. ' Legislative Assemblies. i In 8vo, price loj., cloth, THE TAXATION OF COSTS IN THE CROWN OFFICE. COMPRISING A COLLECTION OF BILLS OF COSTS IN THE VARIOUS MATTERS TAXABLE IN THAT OFFICE; INCLUDING * COSTS UPON THE PROSECUTION OF FRAUDULENT BANKRUPTS, AND ON APPEALS FROM INFERIOR COURTS ; TOGETHER WITH A TABLE OF COURT FEES, and a scale ok costs usually allowed to solicitors, on the taxation of costs on the crown side of the queen's bench division of the high court of justice. By FREDK. H. short, CHIEF CLERK IN THE CROWN OFFICE. ** This is decidedly a useful work on the subject of those costs which are liable to be taxed before the Queen's Coroner and Attorney (for which latter name that of ' Solicitor ' might now well be substituted), or before the master of the Crown Office ; in fact, such a book is almost indispensable when preparing costs for taxation in the Crown Office, or when taxing an opponent's costs. Country solicitors will find the scale relating to bankruptcy prosecutions of especial use, as such costs are taxed in the Crown Office, The ' general observations ' constitute a useful feature in this manual." — Lmv Times. "The recent revision of the old scale of costs in the Crown Office renders the appearance of this work particularly opportune, and it cannot fail to be welcomed by practitioners. _ Mr. Short gives, in the first place^ a scale of costs usually allowed to solicitors on the taxation of costs in the Crown Office, and then bills of ccsts in various matters. These are well arranged and clearly ^nni^^."— Solicitors' Journal. 42 STEVENS &- HAYNES, BELL YARD, TEMPLE BAR. Just Published, in 8vo, price 7j-. dd., cloth, BRITISH CONSULAR JURISDICTION IN THE EAST, WITH TOPICAL INDICES OF CASES. ON APPEAL FROM, AND RELATING TO, CONSULAR COURTS AND CONSULS ; Also a Collection of Statutes concerning Consuls. • By C. J. TARRING, M.A., ASSISTANT-JUDGE OF H.B.M. SUPREME CONSULAR COURT FOR THE LEVANT. In one vfllume, 8vo, price ?>s. 6d., cloth, A COMPLETE TREATISE UPON THE NEW LAW OF PATENTS, DESIGNS, & TRADE MARKS, CONSISTING OF THE PATENTS, DESIGNS, AND TRADE MARKS ACT, 1883, WITH THE RULES AND FORMS, FULLY ANNOTATED WITH CASES, &c. And a Statement of the Principles of the Law upon those subjects, with a Time Table and Copious Index. By EDWARD MORTON DANIEL, - OF LINCOLN S INN, BARKISTEK-AT-LAW, ASSOCIATE OF THE INSTITUTE OF PATENT AGENTS. In 8vo, price Sj"., cloth, The TRADE MARKS REGISTRATION ACT, 1875, And the Rules thereunder ; THE MERCHANDISE MARKS ACT, 1862, with an Introduction containing a SUMMARY OF THE LAW OF TRADE MARKS, together with practical Notes and Instructions, and a copious Index. By Edward Morton Daniel, of Lincoln's Inn, Barrister-at-Law. Second Edition, in one volume, 8vo, price 16s., cloth, A CONCISE TREATISE ON THE STATUTE LAW OF THE LIMITATIONS OF ACTIONS. With an 'Appendix of Statutes, Copious References to English, Irish, and American Cases, and to the French Code, and a Copious Index. By HENRY THOMAS BANNING, M.A., OF THE INNER TEMPLE, BABRISTER-AT-LAW. "The wjrk is decidedly valuable." — Law Tiuiss. " Mr. Banning has adhered to the plan of printing the Acts in an appendix, and making his book a running treatise on the case-law thereon. The cases have evidently been investigated with care and digested with clearness and intellectuality." — Laiv Journal. In 8vo, price u., sewed, AN ESSAY ON THE ABOLITION OF CAPITAL PUNISHMENT. Embracing more farticularly an Enunciation and Analysis of the Principles of Law as applicable to Criminals of the Highest Degree of Guilt. By WALTER ARTHUR COPINGER, OF THE MIDDLE TEMPLE, ESQ., BARRISTER-AT-LAW. Sixth Edition, in 8vo, price 31J. 6i/., cloth, THE INDIAN CONTRACT ACT, No. IX., of 1872. TOGETHER Win AN INTRODUCTION AND EXPLANATORY NOTES, TABLE OF CONTENTS, APPENDIX, AND INDEX. Bv H. S. CUNNINGHAM and H. H. SHEPHERD, BARRISTERS- AT-LAW. STEVENS &- J^A YATES, BELL YARD, TEMPLE BAR. 43 Second Edition, in 8vo, price 15^., cloth, LEADING CASES and OPINIONS on INTERNATIONAL LAW COLLECTED AND DIGESTED FROM ENGLISH AND FOREIGN REPORTS, OFFICIAL DOCUMENTS, PARLIAMENTARY PAPERS, and other Sources. NOTES and EXCURSUS, Containing the Views of the Text Writers on the Topics referred to, together with Supplementary Cases, Treaties, and Statutes; and Embodying an Account of some of the more important International Trans- With actions and Controversies. By PITT COBBETT, M.A., D.C.L., OF GRAYS INN, BARRISTER- AT-LA\\', PROFESSOR OF LAW, UNIVKRSITY OF SYDNEY, N.S.W. "The book is well arranged, the materials well i '*The notes are concisely written and trust- selected, and the comments to the point. Much \ worthy. . . . 'Jhe reader will learn from them a great deal on the subject, and the book as a whole seems a convenient introduction to fuller and will be found in small space in this book."— Z^to fotirnaL I more sVstematic works." — Oxford Magazine. Second Edition, in royal 8vo. iioo pages, price 45^., cloth, STORY'S COMMENTARIES ON EQUITY JURISPRUDENCE. Second English Edition, from the Twelfth American Edition. By W. E. GRIGSBY, LL.D. (Lond.), D.C.L. (Oxon.), AND OF THE INNER TEMl'LK, BARRISTER- AT-LAW. " It is high testimony to the reputation of Story, and to the editorship of Dr. Grigsby, that another edition should have been called for. . . . The work has been rendered more perfect by additional indices." — Lazv Tunes. Second Edition, in 8vo, price 8j., cloth, THE PARTITION ACTS, 1868 & 1876 A Manual of the Law of Partition and of Sale, in Lieu of Partition. With the Decided Casds, and an Appendix containing Judgments and Orders. By W. GREGORY Walker, B.A., of Lincoln's Inn, Barrister-at-Law. *'This is a very good manual — practical, clearly written, and complete. The subject lends "itself well to the mode of treatment adopted by Mr. Walker, and in his notes to the various sections he has carefully brought together the cases; and dis- cussed the difficulties arising upon the language of the different provisions." — Solicitors' Journal. Second Edition, in 8vo, price 22J. cloth, A TREATISE ON THE LAW AND PRACTICE RELATING TO INFANTS. By ARCHIBALD H. SIMPSON, MA., OF LINCOLN^S INN, BARRISTER-AT-LAW, AND FELLOW OF CHRIST's COLLEGE, CAMBRIDGE. SECOND EDITION. By E. J. Elgood, B.C.L., M.A., of Lincoln's Inn, Barrister-at-Law. " Mr. Simpson's book comprises the whole pf the law relating to infants, both as regards their per- sons and their property, and we have not observed any very important omissions. The author has evidently expended much trouble and care upon his work, and has brought together, in a concise and convenient form, the law upon the subject down to the present time." — Solicitors' yournal. "Its law is unimpeachable. We have detected no errors, and whilst the work might have been done more scientifically, it is, beyond all question, a compendium of sound legal principles."— Zaw Times. *' Mr. Simpson has arranged the whole of the Law relating to Infants with much fulness of detail, and yet in comparatively little space. The result is due mainly to the businesslike condensation of his style. Fulness, however, has by no means been sacrificed to brevity, and, so far as we have been able to test it, the work omits no point of any im- portance, from the earliest cases to the last. In the essential qualities of clearness, completeness,, and orderly arrangement it leaves nothing to be desired. " Lawyers in doubt on any point of law or prac- tice will find the information they require, if it can be found at all, in Mr. Simpson's book, and a writer of whom this can be said may congratulate himself on having achieved a considerable success."' — Law MagazinCy February, 1876. n STEVENS <3^ HAYNES, BELL YARD, TEMPLE BAR. In one volume, royal Svo, 1877, price 30J., cloth, THE DOCTRINES & PRINCIPLES OF THE LAW OF INJUNCTIONS. By WILLIAM JOYCE, OF Lincoln's inn, barrister-at-la\v. "Mr. Joyce, whose learned and exhaustive work on 'The Law and Practice of Injunctions' has gained such a deservedly high reputation in the Profession, now brings out a valuable companion volume on the 'Doctrines and Principles' of this important branch of the Law. In the present work the Law is enunciated in its abstract rather than its concrete form, as few cases as possible being cited ; while at the same time no statement of a principle is made unsupported by a decision, and for the most part the very language of the Courts ^has been adhered to. Written as it is by so acknowledged a master of his subject, and with the conscientfous carefulness that might be expected from him, this work cannot fail to prove of the greatest assistance alike to the Student— who wants to grasp principles freed from their superincum- bent details — and to the practitioner, who wants to refresh his memory on points of doctrine amidst the oppressive details of professional work." — Lt^w Magazine and Review. B^ THE SAME AUTHOR. In two volumes, royal Svo, 1872, price 70J., cloth, THE LAW & PRACTICE OF INJUNCTIONS. EMBRACING ALL THE SUBJECTS IN WHICH COURTS OF EQUITY AND COMIVION LAW HAVE JURISDICTION. By WILLIAM JOYCE, OF LINCOLN S INN, BARRISTER-AT-LAW. KEVIEWS "A work which aims at being so absolutely complete, as that of Mr. Joyce upon a subject which is of almost perpetual recurrence in the Courts, cannot fail to be a welcome offering to the profession, and doubtless, it will be well received and largely used, for it is as absolutely complete as it aims at being This work is, therefore, ' eminently a work for the practitioner, being full of practical utility in every page, and every sentence, of it We have to congratulate the pro- fession on this new acquisition to a digest of the law, and the author on his production of a work of permanent utility and fame." — Law Magazine and Review. " Mr. Joyce has produced, not a treatise, but a complete and compendious exposition of the Law and Practice of Injunctions both in equity and common law. 'Part III. is devoted to the practice of the Courts. Contains an amount of valuable and technical viatter nowhere else collected. " From these remarks it will be sufficiently per- ceived what elaborate and painstaking industry, as well as legal knowledge and ability, has been necessary in the compilation of Mr, Joyce's work. No labour has been spared to save the practitioner labour, and no research has been omitted which could tend towardsthe elucidation and exemplifi- cation of the general principles of the Law and Practice of Injunctions." — Law Jotimal. " He does not attempt to §0 an inch beyond ^hat for which he has express written authority ; he al- lows the cases to speak, and does not speak for them. "The work is something more than a treatise on the Law of Injunctions. It gives us the general law on almost every subject to which the process of injunction is applicable. Not only English, but American decisions are cited, the aggregate number being 3,500, and the statutes cited 160, whilst the index is, we think, the most elaborate we have ever seen — occupying nearly zoo pages. The work is probably entirely exhaustive." — Law Times. "Ttiis work, considered either as to its matter or manner of execution, is no ordinary work. It is a complete and exhaustive treatise both as to the law and 'the practice of granting injunctions. It must supersede all other works on the subject. The terse statement of the practice will be found of incalculable value. We know of no book as suitable to supply a knowledge of the law of injunctions to our common law friends as Mr. Joyce's exhaustive work. It is alike indispensable to members of the Common Law and Equity Bars. Mr. Joyce's great work would be a casket without a key unless accompanied by a good index. His index is very full and well arranged. We feel that this work is destined to take its place as a standard text-book, and the text-book on the particular subject of which it treats. The author deserves great credit for the very great labour bestowed upon it. The publishers, as usual, have acquitted themselves in a manner deserving of the high reputation they bear." — Canada Law JournaL STEVENS &> HAYNES, BELL YARD, TEMPLE BAR. 45 Third Edition, in 8vo, price 20s., cloth, A TREATISE UPON THE LAW OF EXTRADITION, WITH THE CONVENTIONS UPON THE SUBJECT EXISTING BETWEEN ENGLAND AND FOREIGN NATIONS, AND THE CASES DECIDED THEREON. By Sir EDWARD OF LINCOLN S INN, S.-G. ' ' Mr. Clarke's accurate and sensible book is the best authority to which the English reader can turn upon the subject of Extradition." — Saturday Review. "The opinion we expressed of the merits of this work when it first appeared has been fully justified by the reputation it has gained. It is seldom we come across a book possessing so much interest to the general reader and at the same time furnishing so useful a guide to the \2t.vfy^r."— Solicitors' Jour-nal. "The appearance of a second edition of this treatise does not surprise us. It is a useful book, well arranged and well written. A student who CLARKE, Q.C., M.I'. wants to learn the principles and practice of the law of extradition will be greatly helped by Mr. Clarke. Lawyers v;ho have extradition business will find this voilumf; an excellent book of reference. Magistrates who have to atjminister the extradition law will be greatly assisted by a careful perusal of 'Clarke upon Extradition.' This may be called a warm commendation, but those who have read the book Will not say it is unmerited." — Laix) Journal. The Times of September 7, ^1874, in a long article upon "Extradition Treaties," makes con- siderable use of this work and writes of it as " Mr. Clarke's useful Work on Extraditio7t." In 8vo, price 2.s. 6d., cloth, TABLES OF STAMP DUTIES FROM 181S TO 1878. By WALTER ARTHUR COPINGER, OF THE MIDDLE TEMPLE, ESQUIRE, EARRISTER-AT-LAW : AUTHOR OF " THE LAW OF COPYRIGHT IN WORKS OF LITERATURE AND ART," " INDEX TO PRECEDENTS IN CONVEYANCING," " TITLE DEEDS," &C, large number of old title-deeds." — Laiu Times. His Tahles of Stamp Duties, from 1815 to i8y8, have already been tested in Chambers, and being now published, will materially lighten the labours of the profession in a tedious department, yet one re- quiring great care." — Law Magazine aiid Review. INDEX TO 'We think this little book ought to find its way into a good many chambers and offices. —Soli- citors' yournal. . . •' This book, or at least one contaming the same amount of valuable and well-arranged mformation, should find a place in every Solicitor s office. It is of especial value when examining the abstract of a In one volume, 8vo, price 14J., cloth, TITLE DEEDS: THFIR C:iJ