1860. January 19. THE FOYLE. Collision-Pleading—Admission by Crew. In an action of collision, brought by the owners of a vessel and the crew for their private effects, admissions by the crew as to the circumstances of the collision cannot be pleaded. COLL YOLLISION. Action brought by the owners of the brig Campbell and the cargo laden therein, and the master and crew of the said brig for the loss of their money, clothes, and private effects. Motion to strike out the following article from the Foyle's allegation, "That shortly after the collision, certain of the crew of the Campbell, whilst on board the Foyle, admitted to William Mitchenson, one of the passengers on board the Foyle, that the collision was entirely owing to the fault of the Campbell, by starboarding her helm, and afterwards, when it was too late, putting it hard aport." Twiss, Q.C., and V. Lushington, in support of the motion. The Court, without hearing them, called on Tristram to support the article. Tristram.--Admissions by seamen may not generally be evidence against the owners, but here the seamen are parties to the action; they are plaintiffs in the cause. DR. LUSHINGTON :-I cannot think that a sufficient reason for admitting this article. If we allow admissions by the crew to be evidence in cases of collision, we shall have conversations in pot-houses pleaded, counter-pleaded, proved and disproved, and the expense of parties doubled; and all to no purpose. We have never allowed such admissions here, and I do not intend to allow them. The article must be struck out. Bathurst, proctor for the Campbell. Brooks, proctor for the Foyle. THE JOHN. Salvage-Tender-Certificate for Costs-17 & 18 Vict. c. 104, s. 460. If in an action for salvage services rendered in the United Kingdom a tender under 2007., "with such costs (if any) as may be due by law" for the services rendered, is accepted, the Court will not certify for costs under the 460th section of the Merchant Shipping Act, except for special cause shown. Removal of the ship salved from Yarmouth to London without mala fides, will not, if the salvors had opportunity at Yarmouth to have the dispute determined by the local justices, suffice to induce the Court to certify. THIS THIS was a motion praying the Court to certify under the 460th section of the Merchant Shipping Act, 1854, for costs in an action of salvage. The service was rendered at Yarmouth on the 25th October, 1859. A heavy gale of wind was blowing, and the salvors, who were Yarmouth beachmen, boarded the brig John, then lying close off the flats, and assisted her in making to a safe anchorage. On the 10th November the salvors entered an action in the Admiralty Court, and arrested the brig in the port of London. An appearance for the owners was then entered and bail given in 3507., and the act on petition brought in for the salvors. On the 8th December, a tender was made of 1207., "together with such costs (if any) as may be due by law in full for the services rendered." This tender was accepted on behalf of the salvors. The Court was now moved to certify, as required by the 460th section of the Merchant Shipping Act, 1854, that the case was a fit one to be tried in the Superior Court. The section is as follows: "Disputes with respect to salvage arising within the boundaries of the Cinque Ports shall be determined in the manner in which the same have hitherto been determined; but whenever any dispute arises elsewhere in the United Kingdom between the owners of any such ship, boat, cargo, apparel, or wreck as aforesaid, and the salvors, as to the amount of salvage, and the parties to the dispute cannot agree as to the settlement thereof by arbitration or otherwise, Then if the sum claimed does not exceed two hundred pounds, Such dispute shall be referred to the arbitration of any two justices of the peace resident as follows (that is to say): 1860. January 19. 1860. January 19. THE FOYLE. Collision-Pleading-Admission by Crew. In an action of collision, brought by the owners of a vessel and the crew for their private effects, admissions by the crew as to the circumstances of the collision cannot be pleaded. C OLLISION. Action brought by the owners of the brig Campbell and the cargo laden therein, and the master and crew of the said brig for the loss of their money, clothes, and private effects. Motion to strike out the following article from the Foyle's allegation, "That shortly after the collision, certain of the crew of the Campbell, whilst on board the Foyle, admitted to William Mitchenson, one of the passengers on board the Foyle, that the collision was entirely owing to the fault of the Campbell, by starboarding her helm, and afterwards, when it was too late, putting it hard aport." Twiss, Q.C., and V. Lushington, in support of the motion. The Court, without hearing them, called on Tristram to support the article. Tristram.-Admissions by seamen may not generally be evidence against the owners, but here the seamen are parties to the action; they are plaintiffs in the cause. DR. LUSHINGTON :-I cannot think that a sufficient reason for admitting this article. If we allow admissions by the crew to be evidence in cases of collision, we shall have conversations in pot-houses pleaded, counter-pleaded, proved and disproved, and the expense of parties doubled; and all to no purpose. We have never allowed such admissions here, and I do not intend to allow them. The article must be struck out. Bathurst, proctor for the Campbell. Brooks, proctor for the Foyle. THE JOHN. Salvage-Tender-Certificate for Costs-17 & 18 Vict. c. 104, s. 460. If in an action for salvage services rendered in the United Kingdom a tender under 2004, “with such costs (if any) as may be due by law" for the services rendered, is accepted, the Court will not certify for costs under the 460th section of the Merchant Shipping Act, except for special cause shown. Removal of the ship salved from Yarmouth to London without mala fides, will not, if the salvors had opportunity at Yarmouth to have the dispute determined by the local justices, suffice to induce the Court to certify. THIS THIS was a motion praying the Court to certify under the 460th section of the Merchant Shipping Act, 1854, for costs in an action of salvage. The service was rendered at Yarmouth on the 25th October, 1859. A heavy gale of wind was blowing, and the salvors, who were Yarmouth beachmen, boarded the brig John, then lying close off the flats, and assisted her in making to a safe anchorage. On the 10th November the salvors entered an action in the Admiralty Court, and arrested the brig in the port of London. An appearance for the owners was then entered and bail given in 3507., and the act on petition brought in for the On the 8th December, a tender was made of 120, "together with such costs (if any) as may be due by law in full for the services rendered." This tender was accepted on behalf of the salvors. The Court was now moved to certify, as required by the 460th section of the Merchant Shipping Act, 1854, that the case was a fit one to be tried in the Superior Court. The section is as follows: · - "Disputes with respect to salvage arising within the boundaries of the Cinque Ports shall be determined in the manner in which the same have hitherto been determined; but whenever any dispute arises elsewhere in the United Kingdom between the owners of any such ship, boat, cargo, apparel, or wreck as aforesaid, and the salvors, as to the amount of salvage, and the parties to the dispute cannot agree as to the settlement thereof by arbitration or otherwise, Then if the sum claimed does not exceed two hundred pounds, Such dispute shall be referred to the arbitration of any two justices of the peace resident as follows (that is to say): 1860. January 19. 1860. January 19. THE FOYLE. Collision-Pleading-Admissi In an action of collision, brought by the owners of a YOLLISION. Action brought by th Campbell and the cargo laden there crew of the said brig for the loss of the private effects. Motion to strike out the the Foyle's allegation, "That shortly aft of the crew of the Campbell, whilst on boa to William Mitchenson, one of the pas Foyle, that the collision was entirely ow Campbell, by starboarding her helm, and a too late, putting it hard aport." Twiss, Q.C., and V. Lushington, in s The Court, without hearing them, called o the article. Tristram.-Admissions by seamen ma, dence against the owners, but here the se action; they are plaintiffs in the cause. DR. LUSHINGTON :-I cannot think tha admitting this article. If we allow adır be evidence in cases of collision, we sha pot-houses pleaded, counter-pleaded, pro the expense of parties doubled; and al have never allowed such admissions here, allow them. The article must be struck Bathurst, proctor for the Campbell. Brooks, proctor for the Foyle. |