(50) Simpson v. Thompson, 3 App. Cas. 279; 38 L. T. 1.

(51) Bell v. Jutting, 1 J. B. Moore 155; Turpin v. Bilton, 5 M. and G. 455; Callander v. Olericks, 5 Bing. N. C. 58; Maydew v. Forrester, 5 Taunt 615; Seller v. Work, 1 Marsh Ins., 305.

(52) Park v. Hammond, 6 Taunt 495; Chapman v. Walton, 10 Bing. 57.

(53) Wilkinson v. Coverdale, 1 Esp. 75.

(54) Maydew v. Forrester, 5 Taunt 615; Seller v. Work, 1 Marsh Ins. 305. (55) Seton v. Law, 1 Johns Cases 1; Ely v. Hallett, 2 Caines' Rep. 57.

(56) Walden v. The New York F. Ins. Co., 12 Johns 128, in error 12 Johns 513.

(57) Walden v. The New York F. Ins. Co., 12 Johns Rep. 128, in error 12 Johns Rep. 513.

(58) Kemble v. Bowne, 1 Caines Rep. 75.

(59) Fontaine v. The Phoenix Ins Co., 11 Johns Rep. 293; Centre v. The American Ins. Co. of New York, in error 7 Wendell's Rep. 45.

(60) Bridge v. The Niagara Ins. Co., 1 Hall's Supreme Court Rep. 423. (61) Steinhoff v. R. C. Ins. Co., 42 Q. B. 307.

(62) The United Ins. Co. v. Lenox, 1 Johns Cases 377. 2, Johns 443.

Affirmed in error

(63) Depuy v. The United Ins. Co., 3 Johns Cases 182; Sherman Marine Ins. 15.

(64) The American Ins. Co. v. Ogden, 20 Wendell's Rep. 287.

(65) Watson v. Marine Ins. Co., 7 Johns Rep. 57; Bridge v. The Niagara Ins. Co., 1 Hall's Superior Court Rep. 423.

(66) Dow v. Smith, 1 Caines' Rep. 32.

(67) Kane v. The Commercial Ins. Co., 8 Johns Rep. 229.

(68) Snydam v. The Marine Ins. Co., 2 Johns 133.

(69) Gordon v. Bowne, 2 Johns Rep. 150.

(70) Snydam v. The Marine Ins. Co., 1 Johns Rep. 181.

(71) The United Ins. Co. v. Scott, 1 Johns 106.

(72) Jumel v. The Marine Ins. Co., 7 Johns Rep. 412; Dickey v. The American Ins. Co., 3 Wendell's 658; Gardiere v. The Columbia Ins. Co., 7 Johns Rep. 514; Sherman's Marine Insurance, 31.

(73) Gardner v. Smith, 1 Johns Cases 141.

(74) The Ireland, Steinhoff v. R. C. Ins. Co., 42 Q. B. 307.

(75) Gardner v. Smith, 1 Johns Cases 141; Center v. The American Ins. Co., 7 Cowen 564; Dickey v. New York Ins. Co., 4 Cowen 222; Ludlow v. The Columbian Ins. Co., 1 Johns 335.

(76) Patrick v. Commercial Ins. Co., 11 Johns 9; Fontaine v. The Phoenix Ins. Co., 11 Johns 293.

R

CHAPTER V.

PART I.-BUILDING OF SHIPS. PART II.-OWNER OF SHIPS. PART III.-SHIP'S HUSBANDS AND BROKERS. PART IV.— SALE AND MORTGAGE OF SHIPS.

PART I.-BUILDING OF SHIPS.

A contract for the building of a ship or vessel should be in writing, and should specify the lineal measurements of the vessel, her burden, material to be made of, mould classification at Lloyd's, her rig and finish.

And should state plainly the time when to be completed and delivered, the price, together with the conditions and times of payment, and especially the time of the property changing from the builders to the owners.

This last clause is very important, as under a contract for the making of a ship, although parts of the price be payable at fixed stages in the course of the work, no property passes to the buyer until the ship is finished and delivered to the owner, or is accepted by him, except it is otherwise agreed in the contract. (1)

Where this is not mentioned in the contract, the ship may be seized for the debt of the builder, although almost completed and different sums of money paid on the same to the builder. (2)

A contract should, therefore, state that on each payment being made, so much of the ship, as finished, should revert and belong to the owner. (3)

The law is otherwise, however, in cases where the owner supplies the material and the builder merely performs the work. (3)

A ship builder has a lien or claim on the ship for the price, and

also for repairs, provided the ship be in his possession. Where the contract is for credit no such lien exists. (3)

A ship builder, who retains a ship under his lien, cannot charge for rent, unless there is an agreement for same. (4)

A steamboat has been held to be personal property, and properly assessable at one of the two places, between which in summer it plied, and at which in winter it was laid up. (5)

Vessels owned by a resident of this Province, but never registered there, and always sailing abroad, do not come within the clause, "Whether such ship or vessels be at home or abroad at the time of assessment," and, therefore, are not liable to be assessed in this Province. (6)

See also statutory law at end relating to the encouragement of ship building, etc.

NOTES.

(1) Wood v. Bell, 25 L. J. (Q. B.) 148, 153; Clarke v. Spence, 4 A. and E. 448, 1.

(2) Mucklow v. Mangles, 1 Taunt 318; Tripp v. Armitage, 4 M. and W. 687.

(3) Woods v. Russell, 5 B. and Ald. 942; Atkinson v. Bell, 8 B. and C. 277; Baker v. Gray, 17 C. B. 462; Wood v. Bell, 5 E. and B. 772; (In Error) 6 E. and B. 355; Franklin v. Hosier, 4 B. and Ald. 341.

(4) Somes v. British Empire Shipping Co., 8 Ho. of L'ds 338; 30 L. J. (Q. B.) 229.

(5) In re Hatt., 7 L. J. 103.

(6) The City of Halifax v. Kenny, 3 S. C. R. 497.

CHAPTER V.

PART II.

OWNERS OF SHIPS.

Where the owners have a special agreement as to the management of a ship and her employment, such agreement must be observed. For example: where they appoint a person, either one of themselves or some other person, to be ship's husband or master, and to have entire charge of the ship. (1)

In case of no such agreement, the majority in value have the control of the ship and her actions; but where they want to send the ship on a certain voyage against the wish of the minority they cannot do so, without first giving a bond for the safe return of the ship, or for payment to the minority of the value of their interests in case of loss or damage. (2)

In such a case the majority bear all the expense, and of course are entitled to all the profit, if any. (3) Neither do the minority receive payment for wear and tear. (14)

The court can settle all difficulties and accounts between owners, and may direct a sale of the ship or any part thereof and make such order it deems necessary. (4)

any

Each owner can insure his own share, and a part owner cannot be compelled to insure or pay a premium or part of one unless willing to do so. (5)

If owners of a ship hold her as partners, each having an undivided interest in the whole ship, they are all jointly liable on the contract of each, made in the name and for the purpose of the partnership.

If they are part-owners, each owning separate shares in her, as is generally the case, each is liable upon his own contract, made either by himself or by an agent duly authorized by him. (6)

Owners are liable for damage occasioned by the negligence or carelessness of the master or crew in the course of their lawful employment to the full extent of the injury to either ship, goods or person; and if a person injured by the accident die, his family and relations can sue for the loss suffered by them in consequence. (7)

But for the wilful default of a servant, even in the course of his employment, an employer is not liable. (8)

The principle, that one who receives an injury from the negligent act of another shall not be entitled to damages if by the exercise of ordinary care he might have avoided the injury, was acted on in the case of Grieve v. Ontario Steamboat Co., where Grieve sued for damages sustained by him in consequence of one of the fenders breaking loose from the defendant's steamboat while she was in the act of leaving the wharf and striking and injuring Grieve, who was standing on the wharf, he [Grieve] having received warning to stand clear; and it appearing that a person with ordinary care might have escaped. (9)

It was held in the case of the Waubuno that, as she had not been registered under the Merchant Shipping Act, 1854, she was not a British ship within the meaning of that act, by virtue of the statute of Canada, 36 Vic. 128, and therefore not entitled to take advantage of the limitation clause. (10)

As to the liability of the ship owners for negligence in the construction and management of their steamboat, by which sparks escaped from the funnel at a wharf, and lumber and mills there were burned, the ship owners are not chargeable with negligence merely by reason of the escape of sparks, if they used such precautions as without preventing the proper working of the vessel could be adopted to prevent the escape of fire. For example sufficient steam should be raised before reaching the wharf, so as to enable the steamboat to leave the wharf without either opening the dampers or the screens. (11)

:

Part owners of a ship are tenants in common of the ship, and partners in the earnings only. (12)

If dutiable goods be brought by inland navigation to a port of