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barge, which does not fall within that denomination, in a case of collision in waters within the body of a county. Malvina.

932. It has jurisdiction between two British vessels, though one is English and the other Irish, in respect of a collision occurring in a foreign river in the waters of a foreign state. Diana. Cleopatra.

933. But it has no jurisdiction in respect of a collision between two foreign vessels in the waters of any foreign state, except when such right has been conceded by that foreign state. Ida.

934. The supreme British Court at Constantinople has, under a convention with the Sultan, and the Act 6 & 7 Vict. c. 94, s. 1, and Order in Council, 27 August, 1860, jurisdiction in cases of collision between British ships within Turkish waters, both in rem and in personam. Laconia.

935. The Court of Admiralty has not jurisdiction to arrest a foreign ship at the suit of a British part-owner, to compel bail to be given for her return to her own port, for the vessel in which he has embarked his capital is subject to the law of the country to which she belongs. Graff. Arthur. Bernsdorff.

936. It has not jurisdiction against a pilot to compel him to pay the damage of a collision. The remedy of the injured party is at common law, by suit on the bond given to the Trinity House or other institution to which he belongs. Maria.

937. AMOUNT OF DAMAGE.-As the proceeding in the Admiralty is against the ship and the freight to which she is entitled, it can give relief only to the extent of that amount to be raised by sale, unless she is redeemed. Sometimes it is necessary to ascertain the amount of damage done, and also the value of the offender and her freight; sometimes the amount of the injury is confessedly beyond that value; in such case expense is obviated by ascertaining simply that value. But in the Admiralty, the first who establishes his demand by decree, is to be paid in full to the extent of the value of the offender, which might leave little or nothing

to answer other demands. For this reason it is that the Court of Chancery grants an injunction to restrain proceedings in the Admiralty, when there are several injured, that the amount may be equitably distributed among the sufferers, and this injunction will be granted even after judgment in which the ship has been condemned. Lyra. Leycester v. Logan.

938. More than the amount of the value of the ship and freight cannot be recovered against a foreign owner, when entitled to the limited liability, although he may have given a bond for a larger amount. (Duchess of Brabant.) The lien for the damages awarded in case of collision, or for salvage, has precedence of the lien of the master and crew for wages. Linda Flor.

939. This is not the place to enter into a general inquiry as to the practice of this court or its observances with regard to costs, but it may be convenient to the mariner that we should mention a few isolated points.

940. The Admiralty takes judicial notice of the prescriptions of the Merchant Shipping Acts, such as the incapacity of a ship to recover compensation by reason of her non-observance of the rules as to sailing, signals, and the like, although the objection is not pleaded.

941. The court refused to require a foreigner, in a suit for damages against an English vessel for collision, to give security for damages, on the ground that the defendant disputed the identity of his vessel with the impugnant. Peri.

942. The court has refused costs to the plaintiff ship, on account of the misconduct of the crew towards the ship which had committed the aggression. Catalonia.

943. The court gives costs against a ship of the Royal Navy in the same manner as against a private vessel. But it cannot give costs against the Crown, plaintiff in a case of collision, as such a case is not within the 18 & 19 Vict. c. 90. Consequently, if the Crown and others are co-plaintiffs, the other co-plaintiffs have to bear the whole burthen; but

in a proper case the Crown generally relieves them. Swallow.

Leila. Resolute. Leda.

944. Each party paid his own costs of the reference as to amount of damage, where less than one-third, although more than one-fourth of the plaintiff's claim was allowed. Peerless.

945. The plaintiff, failing to prove the identity of the defendant's ship with the offender, was ordered to pay the costs of the suit; but the court did not award damages against him for the detention, inasmuch as his conduct appeared to be bond fide. There was difficulty of identification from darkness, and he had made subsequent inquiries, which afforded. good grounds for believing that the defendant was the of fending ship. Active. Evangelismos.

946. The Board of Trade may procure a jury of twentyfour persons, to be summoned to determine the number, names, and descriptions of all persons killed or injured by reason of any wrongful act or default. 1 M. S. A. 507. Sections 508 and 509 prescribe the proceedings to be adopted, and provide for the costs of such inquiry, and empower the Board of Trade to enter into certain compromises in respect of death or personal injury. Section 510 declares that the damages payable in each case of death or injury shall be assessed at £30. These damages are the first charge on the aggregate fund for which the owner is liable. The application of the amount is prescribed by that section.

947. COURTS OF LAW.-The owner of the injured ship or cargo, the passenger or other person who has sustained personal loss or loss of property, the personal representatives of persons who have been destroyed, the salvers of goods, may all proceed in the courts of common law by action for the damage which they have sustained. The judgment of the court of law is against the owners of the vessels or goods which have occasioned the injury, or had the benefit of the salvage, and it is executed against their persons and goods.

948. But relief in some cases encounters difficulties, to

which we have already referred in cases of collision, where both vessels are in the wrong, and salvors can have no division among them in those courts of the amount which they

may recover.

949. We must refer to Lush and other large treatises for the proceedings at common law.

950. The actions in these courts, however numerous, may all be stayed by the Court of Chancery, when the damage she has done exceeds the value of the ship.

951. The right of action for damages, for loss of life, or personal injury, is reserved (1 M. S. A. 512) in case the Board of Trade decline to interfere, or in certain terms if the claimant is dissatisfied with the amount assessed (ib. 511); but by resorting to this right he loses the priority of lien, which he otherwise has, against the fund. Ib. 513.

952. THE COURT OF CHANCERY in England or Ireland, and the Court of Session in Scotland, and any competent court in any British possession, subject to the right given to the Board of Trade of recovering damages in the United Kingdom in respect of loss of life or personal injury, may entertain proceedings at the suit of the shipowner, where any liability has been, or is alleged to have been, incurred by the owner in respect of loss of life, personal injury, or loss of or damage to ships, boats, or goods, and several claims are made or apprehended, for the purpose of determining the amount of such liability, subject as aforesaid, and for distribution of such amount rateably amongst the several claimants. And such court may stop all actions and suits pending in any other court in relation to the same subject-matter. Its proceedings are conducted in such manner, and subject to such regulations, as to making any persons interested parties and the exclusion of claimants who do not come in within a certain time, and requiring security from the owner and payment of costs as the court thinks fit. 1 M. S. A. 514.

953. The shipowner, to sustain his bill in Chancery for injunction, and for the ascertainment and distribution of the

value among claimants, or expected claimants, must admit his liability. Hill v. Andus.

954. The bill may be sustained after actions commenced in the court of law. The injunction will be granted only on payment into court of the value of the ship and freight, to be stated by the shipowner, or, when she belongs to a company, by its managing director or proper officer, having regard to the Act of Parliament. African Steam Ship Company v. Swanzey.

955. It may be sustained after a decree of the Court of Admiralty condemning the ship and freight with costs, and an order for appraisement and sale,—indeed, at any time before actual sale; and although the Court of Chancery will not exercise a direct control over the ship, if in the custody of the officer of the Admiralty, it will impose terms on the party who obtained the condemnation to enable Chancery to apportion the proceeds among all entitled to participate. But when she has been sold the shipowner must pay into court the difference, if any, between the value of the ship and freight and the amount realized by the sale. Leycester v. Logan.

956. The order for an injunction also directs advertisements to discover the claimants, and an inquiry as to the value of the ship and freight, and how it ought to be apportioned among the persons who may establish their claims (African Steam Ship Company v. Swanzey); and the amount is apportioned accordingly.

CHAPTER IV.

WRECK AND CIVIL SALVAGE.

957. WRECK.-We have treated on the subjects of management and mismanagement and misconduct, and their

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