to be the result of this unfair tenderness for large valuable steam vessels.

Every one must have observed that in the majority of the collision cases now occurring one at least of the vessels is a steamer.

It will also not be denied that the general impression with regard to collisions is, that a vessel going at full speed is not so likely to receive serious damage herself as she is to inflict injury upon another.

Now, bearing this in mind, and remembering that the value of a first-class steamer will often exceed 30l. per ton, what would be the position of the master of such a vessel of, say, 1000 tons register, in view of an inevitable collision? By slackening speed he might receive the blow of the approaching ship, and possibly lose his own, or in figures 30,000l.; if he increases his speed he will probably save his own ship though he will certainly sink the other, and if he does his owner's loss cannot exceed 8,000l. Surely no words could too strongly condemn legislation which could produce such effects as are here only hinted at.

59. Whenever it is made to appear to Her Majesty that the Government 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 and of this Act, with respect to Salvage for services rendered in saving life from British ships, shall in 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.

60. Whenever it is made to appear to Her Majesty that the rules concerning the measurement of tonnage of merchant ships for the time being in force under the Principal Act have been adopted by the Government of any foreign country, and are in

force in that country, it shall be lawful for Her Majesty by Order in Council to direct that the ships of such foreign country shall be deemed to be of the tonnage denoted in their certificates of registry or other national papers; and thereupon it shall no longer be necessary for such ships to be re-measured in any port or place in Her Majesty's dominions, but such ships shall be deemed to be of the tonnage denoted in their certificates of registry or other papers, in the same manner, to the same extent, and for the same purposes in, to, and for which the tonnage denoted in the certificates of registry of British ships is deemed to be the tonnage of such ships.

It appears as if no action ever has taken place under this clause in the way of negotiation with Foreign Governments.

133

V.

ADMIRALTY JURISDICTION BILL.*

HAVING been desired to put into shape the objections which I have felt it my duty to urge against the Bill, I would premise that I do not consider the Bill either unnecessary or faulty in its main principles; on the contrary, I have always considered that to confer upon County Court Judges a subordinate jurisdiction in salvage cases (as was done by § 49 of the Merchant Shipping Act Amendment Act, 1862), and in some matters of minor importance, would be a step in the right direction, and a great boon to the trading interest of all countries; and although I admit the difficulty for the legislature to steer free from all temptations held out under the commonplace phrase 'to bring justice to everybody's door,' it cannot be overlooked that the matters to be decided under this Bill are not of a local or municipal, but of an international character, and that very serious embarrassments may result to Her Majesty's Government if it should be proved that subjects requiring a thorough knowledge of the civil and maritime law of nations should have been committed to the decision of gentlemen who have been promoted to the County Court Bench from their aptitude to decide questions of little juridical importance, and may be readily disposed of by the strict application of the statutory Municipal Law.

which

*These observations were transmitted to the Right Hon. Stephen Cave, M.P., Vice-President of the Board of Trade, after a discussion on the subject.

All the authorities which define what is meant by an Admiralty Jurisdiction agree that the Admiralty law is based upon the Roman Civil Law, and upon the general Maritime Law which is embued with those principles, and constitutes a jus gentium in such matters; and the fact that few, otherwise most eminent, lawyers have evinced that acquaintance with its principles which alone can ensure their ready application has often been made the subject of comment.

Reference has been made to the numerous Continental courts established with Admiralty jurisdiction; but let it not be forgotten that the judges in the United States, France, Germany, &c., &c., are not only bound to study the Roman law before they can pass their examination, but that they have, on the Continent, a code at hand, where the principles deduced from that law are laid down with extraordinary clearness, which they have only to apply to the cases before them; whereas in our country no such code exists, and some of the judges, even of the highest Court of Appeal in Admiralty matters, occasionally find difficulties in mastering the peculiarities of the questions raised before them.

From these remarks it may be concluded that I am sincerely grateful for the way in which the Bill restores to the High Court of Admiralty a further portion of the maritime jurisdiction which it formerly enjoyed, and which the courts of the United States have never parted with.

Clauses 1 to 6 not objected to.

Clause 7. Would practically abolish the ancient maritime lien derived from the Roman law, and hitherto universally recognised and enforced in Admiralty Courts, respecting which Abbott writes as follows (p. 532):

'A maritime lien, differing in this particular, like the hypothec of the Scotch law, from a common law lien, that it exists without possession, actual or constructive, of the subject on which it is established, is a privileged claim upon a thing, in respect of service done to it, or injury caused by it, to be carried into effect by legal process;'

and would substitute in its place a statutory lien of a temporary character, which may give rise to great frauds, and will make the Admiralty Court of England, as regards the remedy which it furnishes, an exception to all other maritime courts. Not only are the proposed new enactments too complicated and likely to give rise to considerable uncertainty and confusion, but the alteration should, in my opinion, be strenuously opposed as a further departure from that common maritime law of nations (jus gentium), a strict adherence to which has, until very recently, been one of the most satisfactory characteristics of our Admiralty system.

Besides, this clause will have a one-sided operation in favour of British ships, as foreign ships will still be subject to arrest under the Sections 527 and 528 of the Merchant Shipping Act, 1854.

In Pritchard's 'Admiralty Digest,' vol. i. p. 321, will be found a full quotation of the foreign (principally American) authorities on the question, and I should strongly recommend leaving the subject-matter of this clause for the present entirely untouched.

Clause 8. Highly necessary, but perhaps capable of amendment, so far as the defendant ought to show that it was not necessary to arrest his ship.

Clause 9. Here the amount proposed as the limit to the jurisdiction of the County Courts is altogether too high, and if it were to be so fixed it would have the