difference between the parties to the said proceedings, and would have adjudicated upon them, and done justice between the said parties, according to the law of Rostock. The said Heinrich Kossow is in contempt of the laws of Rostock, and cannot return to Rostock without being liable to arrest and imprisonment, and would have no power to prosecute his claim for wages there, until he had complied with the sentence outstanding against him, or otherwise satisfied the Court as to his contempt. For these reasons I feel it my duty as Consul to protest, which I do most respectfully, against the said Heinrich Kossow being allowed to prosecute a claim for wages in the High Court of Admiralty of England." The Admiralty Advocate and Tristram, for the plaintiff, were called on to begin.-Foreign masters have a right to sue in this Court for wages under the Merchant Shipping Act, 1854, s. 191; the Milford (a). [DR. LUSHINGTON.-Certainly no absolute right; the statute expressly says, "if the case permits." Foreign seamen are allowed to sue, but, by the practice of the Court, not without notice to the Consul of the State to which the ship belongs; here no notice was given at the institution of the suit, and the Consul now solemnly protests.] The protest of the Consul cannot take away the jurisdiction of this Court, as the Court observed in the case of the Golubchick (b). [DR. LUSHINGTON.-But I there said, that in all future cases, I should hold indispensable that notice should be given to the Consul in the first instance. The jurisdiction of the Court is discretionary only.] This protest is dated six months after the institution of the cause; it is altogether too late. The omission to serve the notice ought not, we submit, to bar the plaintiff from entering into the merits of the case. Deane, Q.C., and Lushington, for the owners, were not called upon. 1861. March 22. Right Hon. DR. LUSHINGTON:-I have no doubt as to the Judgment. course I ought to take in this case. Suits by foreign seamen were not formerly encouraged in this Court; they are now allowed upon a principle of comity, and with a view to prevent injustice to seamen. The jurisdiction of the Court, however, is discretionary only, and the Court requires as a condition that previous notice should be given to the Consul or representative of the foreign state. Foreigners here are bound to some extent by the acts of their own Government, and in shipping matters (a) Sw. 364. (b) 1 W. R. 148. 1861. March 22. by the act of their consul. If the representative of the foreign state expresses his dissent to the suit, this Court, though not bound so to do, will incline to hold its hand and remit the foreign master to remedy under the laws of his own country. Here the Consul has recorded his solemn protest against the Court exercising its jurisdiction, and I consider that I am bound to act upon his protest. I do not enter upon the merits of the case, for they are beside the question at issue, and they have not been argued before the Court, but it is clear that this is not a case in which the plaintiff will suffer much injustice from being disappointed of his suit in this Court. I dismiss this suit, but I do not give costs. Brooks, proctor for the plaintiff. Deacon for the defendants. THE ANNAPOLIS.-THE JOHANNA STOLL. Collision-Compulsory Pilotage in the Mersey-Operation of British Statutes on foreign vessels-Mersey Dock Acts Consolidation Act, 1858 (21 & 22 Vict. c. 92), ss. 128, 129, 130-Merchant Shipping Act, 1854 (17 & 18 Vict. c. 104), s. 388-Action and Cross-action; costs. The British Legislature has no authority over foreign vessels on the high seas out of British jurisdiction, but may impose any conditions on foreign vessels entering a British port, and consequently an obligation on foreign ships inward bound to take a pilot at a convenient station beyond three miles from the British shore. A statute imposing in general terms on all inward-bound vessels the obligation to take a pilot at a convenient station beyond three miles from the British shore, is binding on foreign vessels; such construction being justified on grounds of public policy. Cope v. Doherty (a), distinguished. A foreign vessel inward-bound for Liverpool is required by 21 & 22 Vict. c. 92. ss. 129, 130, to make a signal for a licensed pilot on coming to the usual pilot-station, and to employ the first pilot offering his services. Every vessel lying in the Mersey inward-bound is required by 21 & 22 Vict. c. 92, The 388th section of the Merchant Shipping Act, 1854, applies to foreign vessels A foreign vessel bound for Liverpool took a pilot off Point Lynas, was brought to COLLISION. On the 25th of January, 1861, a collision took place in the river Mersey between the American ship Annapolis, and the Johanna Stoll, a Prussian barque. Each vessel was proceeding into dock, in tow of a steam-tug, and each was in charge of a licensed pilot, who had been taken on board at the usual pilot-station off point Lynas, and had conducted the ship to an anchorage in the river two or three days before. The delay in the river had been occasioned by want of water to dock. The owners of the Annapolis brought an action for their damage 1861. April 18. 1861. April 18. against the Johanna Stoll, and the owners of the Johanna Stell brought a cross-action. In each case the defendants pleaded, first, a denial of negligence, and secondly, that the accident was occasioned by the default of a pilot employed by compulsion of law. An agreement was entered into between the parties that the evidence taken in the principal action should be used in the cross action. The case was heard on oral evidence, and the Court found the Annapolis solely to blame, and for the fault of the pilot only. On a subsequent day the question was argued whether the employment of the pilot on board the Annapolis was compulsory by law, and the owners of the Annapolis were exempt from responsibility for the collision occasioned by his default. The following are the principal enactments referred to in the argument and judgment: 5 Geo. IV. c. 73, (the old Liverpool Pilot Act, now repealed by 21 & 22 Vict. c. 93, s. 6). S. 32. "Every pilot so to be licensed as aforesaid, who shall pilot or conduct any ship or vessel into the said port of Liverpool, is hereby required to take care (if need be) to cause such ship or vessel to be properly moored at anchor in the river Mersey, and afterwards to conduct such ship or vessel into one of the wet docks within the said port, without being paid any other rate or price than is hereby directed to be taken for the piloting or conducting such ship or vessel into the said port of Liverpool; but in case such attendance shall be required during such ship or vessel being at anchor in the river Mersey, and before she is docked, five shillings per day shall be paid: Provided always," etc. (The rest of the section is immaterial.) S. 34. "If the owner, master, or commander of any ship or vessel shall require the attendance of a pilot, licensed as aforesaid, on board any ship or vessel, during her riding at anchor, or being at Hoylake, or in the river Mersey, such pilot shall attend such ship or vessel, and be paid for every day he shall so attend five shillings and no more: provided always, that in case such pilot shall not be employed the whole day, but be dismissed in less time than a day, such pilot shall be paid five shillings for his attendance: provided also, that the pilot so to be licensed as aforesaid, who shall have the charge of any ship or vessel, shall be paid for every day of his attendance whilst in the river, except the day of going to sea with such ships or vessels as shall be outward-bound, and the day of returning from sea, and the day of docking for such as shall be inward-bound.” 21 & 22 Vict. c. 92, "The Mersey Dock Acts Consolidation Act, 1858." S. 123. "If any person shall pilot any vessel into or out of the port of Liverpool without having been first duly licensed by the Board to act as a pilot, or after the expiration of his licence and before the same shall have been renewed, he shall for every such offence be liable to a penalty of not exceeding twenty pounds." Part VI. 3. As to the Duties of Pilots. S. 128. "The pilot in charge of any inward-bound vessel, shall cause the same (if need be) to be properly moored at anchor in the river Mersey, and shall pilot the same into some one of the wet docks within the port of Liverpool, whether belonging to the Board or not, without making any additional charge for so doing, unless his attendance shall be required on board such vessel while at anchor in the river Mersey, and before going into dock, in which case he shall be intitled to receive five shillings per day for such attendance." Part VI. 4. As to the duties of, and penalties on Masters and S. 129. "The master of every inward-bound vessel liable to pay pilotage rates shall, on coming within the pilot-stations as fixed by the bye-laws made under the authority of this act, display and keep flying the usual signal for a pilot to come on board, and if any such master shall omit so to do, he shall be liable to a penalty on every such omission of not exceeding five pounds, and if any pilot shall come within a reasonable distance of any such vessel, the master thereof shall render all necessary assistance (so far as may be consistent with the safety of such vessel), to enable such pilot to come on board." S. 130. "In case the master of any inward-bound vessel, other than a coasting vessel in ballast, or under the burthen of one hundred tons, shall refuse to take on board or to employ a pilot, such pilot having offered his services for that purpose, such master shall pay to such pilot, or if more than one, then to the first of such pilots who shall have offered his services, the full pilotage rates which would have been payable to him, if he had actually piloted such vessel into the port of Liverpool." Part VI. 5. As to Pilotage Rates. S. 133. "The Board may from time to time determine, vary, and alter and fix rates of pilotage to be paid to pilots for piloting vessels, such rates to be according to the draught of water of such vessels, and to be within the limits following, that is to say :-a. As to British vessels. For piloting a vessel from the distance of the 1861. April 18. |