to the person entitled under such transmission, or other- Secs. 63-65. wise as the court may direct, and it shall be in the discretion of any such court as aforesaid to make or refuse any such order for sale, and to annex thereto any terms or conditions, and to require any evidence in support of such application it may think fit, and generally to act in the premises in such manner as the justice of the case requires.

made by

Court.

63. Every order for a sale made by such court as afore- Order to be said shall contain a declaration vesting the right to transfer the ship or share so to be sold in some person or persons named by the Court, and such nominee or nominees shall thereupon be entitled to transfer such ship or share in the same manner, and to the same extent, as if he or they were the registered owner or owners of the same; and every registrar shall obey the requisition of such nominee or nominees as aforesaid in respect of any transfer to the same extent as he would be compellable to obey the requisition of any registered owner or owners of such ship or share.

for applications.

64. Every such application as aforesaid for sale shall Limit of time be made within four weeks after the occurence of the event on which such transmission has taken place, or within such further time as such Court as aforesaid may allow, such time not in any case to exceed the space of one year from the date of such occurence as aforesaid, and in the event of no such application being made within such period as aforesaid, or of such Court refusing to accede thereto, the ship or share so transmitted shall thereupon be forfeited in manner hereinafter directed (a) with respects to interests acquired by unqualified owners in ships using a British flag and assuming the British character.

Courts to pro

65. It shall be lawful in England or Ireland for the Power of Court of Chancery, or the Court of Admiralty, in Scotland hibit transfers.. for the Court of Session, in any British possession for any Court possessing the principal civil jurisdiction within

(a) That is in secs. 103 to 106, M. S. A. 1854.

Sec. 65. such possession, witbout prejudice to the exercise of any other power such Court may possess, upon the summary application of any interested person made either by petition or otherwise, and either ex parte or upon service of notice on any other person, as the Court may direct, to issue an order prohibiting for a time to be named in such order any dealing with such ship or share; and it shall be in the discretion of such Court to make or refuse any such order and to annex thereto any terms or conditions it may think fit, and to discharge such order when granted with or without costs, and generally to act in the premises in such manner as the justice of the case requires; and every registrar, without being made a party to the proceedings upon being served with such order, or an official copy thereof, shall obey the same.

PART III.

EXCHEQUER COURT.

ADMIRALTY JURISDICTION.

1. JURISDICTION GENERALLY.

2. SALVAGE, INCLUDING ARRANGEMENTS BETWEEN CANADA AND UNITED STATES FOR RECIPROCAL WRECKING PRIVILEGES.

3. DAMAGE-REGULATIONS FOR PREVENTING COLLISIONS -LIMITATION OF LIABILITY.

4. BOTTOMRY AND RESPONDENTIA.

5. SEAMEN'S WAGES, AND WAGES AND DISBURSEMENTS OF MASTERS.

6. OWNERSHIP-POSSESSION AND RESTRAINT.

7. MORTGAGES.

8. PILOTAGE.

9. TOWAGE.

10. NECESSARIES-BUILDING, EQUIPPING AND REPAIRING.

11. ACCOUNTS.

12. CHARTER - PARTIES

DEMURRAGE.

GENERAL AVERAGE, FREIGHT,

13. FOREIGN SHIPS, NOTICE TO CONSULS, ETC. 14. SALES BY MARSHAL.

ADMIRALTY JURISDICTION.

JURISDICTION GENERALLY.

The Parliament of Canada in pursuance of the powers conferred upon it by "The Colonial Courts of Admiralty Act, 1890," 53-54 V. c. 27, s. 3, has declared-54-55 V. c. 29, ante, p. 1-the Exchequer Court of Canada to be a Colonial Court of Admiralty, and that as a Court of Admiralty it shall within Canada have and exercise all the jurisdiction powers and authority conferred by the said Act, i. e., by the "Colonial Courts of Admiralty Act,” and by the Act then being enacted. Section 2, s-s. 2, of the first-named Act provides that:

The jurisdiction of a Colonial Court of Admiralty shall, subject to the provisions of this Act, be over the like places, persons, matters and things, as the Admiralty jurisdiction of the High Court in England, whether existing by virtue of any statute or otherwise, and the Colonial Court of Admiralty may exercise such jurisdiction in like manner and to as full an extent as the High Court in England, and shall have the same regard as that Court to international law and the comity of nations."

By the "Judicature Act, 1873," (Imp.) all jurisdiction which at the commencement of the Act was vested in or capable of being exercised by the High Court of Admiralty was transferred to and vested in the High Court of Justice, and has since been exercised by that court in the Probate, Divorce and Admiralty Division, usually called, when Admiralty cases are referred to, the Admiralty Division (a). And certain questions there turn upon the fact that it is a part of the High Court of Justice, e.gr., that in the absence of special circumstances, costs follow the event (b); also (a) Wms. & B. 19.

(b) The Monkman, 14 P. D. 51.