DAMAGE TO GOODS IM-
PORTED.
1. The 6th and 35th sections of the
Admiralty Court Act, 1861, which,
taken together, give a remedy in
rem to the owner of imported goods
for breach of contract by the
foreign shipowner, are remedial,
and, subject to equitable considera-
tions applying to proceedings in
rem, confer jurisdiction over causes
of action which accrued in personam
before the date of the Act coming
into operation. Ironsides. Page 458
But the remedy conferred is not
against any other ship than that in
which the goods are carried into
England or Wales. Ironsides.
Page 458
Three hundred bales of cotton
were shipped on board vessel A.,
consigned to the plaintiffs in Liver-
pool, and a large number of bales
were also shipped, consigned to
other parties. A fire broke out
on board the ship; and in result
part of the cargo was destroyed,
part was sold abroad, and the
residue, consisting of 250 bales,
was trans-shipped and carried on
to Liverpool by vessel B. The
marks on the bales were there found
to be obliterated, and the consignees
were called on by advertisement to
identify their property. The plain-
tiffs could identify one bale only,
which was in a damaged condition.
Vessel A. afterwards came on to
Liverpool :-Held, that the plain-
tiffs had no right under the statute
to arrest vessel A. Ironsides.
Page 458
2. To a claim for damage to goods
imported, instituted under the 6th
section of the Admiralty Court Act,
1861, a claim of set-off for freight
due under the bills of lading will
not be allowed. Don Francisco.
2. Proof under the circumstances
held sufficient to show a person to
have been a duly licensed pilot of
the port of Calcutta. Peerless.
Page 30
And see COLLISION, VI. 4, 7.
The Admiralty Court has no power
of levying execution upon a de-
fendant's goods and chattels to
satisfy a judgment. Victor.
Page 72
(But see now 24 VICT. c. 10, s. 15.)
FISHING VESSELS.
See COLLISION, III. 2.
FOREIGN ATTACHMENT.
Funds lying in the Registry of the
Admiralty Court cannot be attached
by process of foreign attachment
out of the Court of the Lord Mayor
of London. Albert Crosby.
Page 101
FOREIGN COURT.
The order of a foreign Commercial
Court for the sale of a British ship
within twenty-four hours of the
application by the master, held in
the circumstances to have no force.
Bonita.
Page 252
FOREIGN LAW.
See COLLISION, VIII.
EVIDENCE, 1.
PLEADING, 1.
FOREIGN SHIPS.
See COLLISION, I. 1, 4, II. 2, IV. 6,
VIII.
JURISDICTION, 1.
MASTER'S WAGES, 4.
SALVAGE, III. 13.
FOREIGN WATERS.
See COLLISION, I. 1, 4.
1. An order by the owner of a ship
to a house abroad to collect
freight takes the freight out of the
hands of the master. Edmond.
An assignment to a third party
of freight, or a fixed sum out of
freight, passes, as between part
owners, only net freight; but a
mortgagee not in possession when
the freight was received has no
locus standi afterwards to insist on
such a construction. Edmond.
Page 57
2. Cargo arrested for freight will be
released upon payment of the
freight into Court with an affidavit
of value. Victor.
Page 72
3. The owner of cargo on board a
ship which is sued for collision, is
only compellable to pay into Court
the freight due from him to the
shipowner. Leo. Page 444
In computing the amount of such
freight, deductions according to
charter from gross freight will be
allowed; and if the cargo is deli-
vered at a place short of destina-
tion by reason of the collision, such
reasonable reduction as may have
been agreed upon between the ship-
owner and the owner of cargo.
Page 444
Costs of paying freight into
Court may also be deducted.
Leo.
Page 444
4. A ship was chartered to go to a
port of loading, there to load and
return; freight payable, as per tale.
On the voyage out the master by-
pothecated the ship, and the cargo
to be shipped, and the freight as
per charter. Subsequently, at the
port of loading, advances for ship's
expenses were made to the master
by the charterers' agent, with no-
tice of the bond; and on the voyage
home the master sold part of the
charterers' goods to pay other ex-
penses of the ship:-Held, that in
computing the freight to be paid
into Court by the charterers, to
answer the bond,
1st. The charterers might de-
duct advances made abroad by their
agent, according to the charter, and
by the charter to be deducted on
settlement of the freight.
2ndly. That they should not be
required to pay the sum which
would have been payable as freight
upon the goods sold, had such
goods arrived.
3rdly. That the charterers
should not deduct from the freight,
as per tale, advances by their agent,
which were not authorized by the
charter to be made and deducted.
4thly. That they should not de-
duct the value of their goods sold
by the master. Salacia. Page 578
5. Where ship and cargo are totally
lost by a collision, the measure of
freight lost by the accident is the
gross freight contracted to be
earned, less the expenses which
would have been necessarily in-
curred in earning it, but, which
were saved to the owner by the
accident. Canada. Page 586
6. The value of freight salved is to be
reckoned pro rata itineris peracti,
and the other equities of the case.
Norma.
Page 124
GAZETTE.
See COLLISION, III. 2.
GENERAL AVERAGE.
A right to general average contribu-
tion from a ship after adjustment
made gives the owners of cargo no
INTERROGATORIES.
The plaintiff sued as consignee
of rum imported from Havannah,
for short delivery; the defendants,
having pleaded that the loss was
caused by perils of the seas and
by the casks having been of bad
quality and condition, were allowed
to administer interrogatories to the
plaintiff, calling upon him to state
what letters relating to the ship-
ment of the rum he had received
from his correspondent in Havan-
nah; the plaintiff then admitted
certain letters to be in his posses-
sion relating to the shipment; but
objected to produce them, swear-
ing that they would disclose the
private secrets of his business.
The Court ordered the letters to
be produced. Don Francisco.
Formal objections to jurisdiction
not allowed to be taken after an ab-
solute appearance given. Bilbao.
Damage done by a foreign ves-
sel to a barge in the river Thames;
arrest according to ordinary pro-
cess; absolute appearance and
release of vessel thereon; petition
filed. Plea, that the barge was
not a sea-going vessel within the
meaning of 3 & 4 Vict. c. 65, s. 6,
and that the Court had no juris-
diction:-Held, that the Court had
jurisdiction by sect. 527 of 17 &
18 Vict. c. 104, and that after ab-
solute appearance, the defendants
could not object that the arrest
had not strictly followed the course
prescribed in that section. Bilbao.
Page 149
2. The High Court of Admiralty of
England has concurrent jurisdic-
tion with Vice-Admiralty Courts
abroad. Peerless.
See COLLISION, I.
SALVAGE, III. 13.
MASTER'S WAGES, 4.
See PRECEDENCE OF LIENS.
(And see case of WILD RANGER,
p. 553.)
See COLLISION, II. 2, III. 2, 3.
See COLLISION, IV. 6, V. 4.
GENERAL AVERAGE.
NECESSARIES.
PRECEDENCE of Liens.
SALVAGE, VI.
MARITIME LAW.
See COLLISION, II. VIII.
SALE OF SHIP BY MASTER
MARSHALLING OF ASSETS.
Where there is a creditor on two
funds, and another creditor on one
only of those funds, the assets will
be equitably marshalled, if it can
be done without violating a rule
intitled to preferential observance.
Priscilla.
Page 1
MASTER'S DUTY.
The master of a British ship is not,
except under urgent necessity,
intitled to sell the ship without the
authority of the owner.
Bonita.
Page 252
Before selling the ship in a
foreign port the master is bound
to communicate, if practicable,
with the owner, and he should also
consult the British consular officer,
if resident in the port. Bo-
any,
nita.
Page 252
The master of a ship, before
giving a bottomry bond on ship,
freight and cargo, is bound, as
towards owners of cargo, to com-
municate both with the owners of
ship, and the shippers or consignees
of cargo, where under all the cir-
cumstances such communication is
reasonably practicable; but not
otherwise. Olivier. Page 484
See BOTTOмRY, I. II. 1, 2, 3.
MASTER'S WAges, 2, 3.
MASTER'S WAGES.
1. The law will presume that the
terms of a master's engagement
for one voyage extend to a suc-
ceeding voyage performed without
a new agreement, express or clearly
implied. Gananoque. Page 448
The defendant was sole owner
of a ship which was equipped as a
passenger ship, and chartered for
Melbourne, Australia. The plain-
tiff, a master mariner, bought from
him a small share of the ship, and.
by a letter referring to the voyage
then contemplated, became master,
on the terms of receiving 15l. a
month, and half cabin passage-
money profits. The ship performed
the voyage to Melbourne, carrying
cargo only, and returned home.
The defendant, being managing
owner, anticipating her arrival,
had chartered the ship to carry
goods and emigrants to New Zea-
land, the agreement being, that the
charterers guaranteed the owners
a lump sum; and if the freight
and passage-money (calculated as
provided in the charter) should
exceed that sum, the surplus should
be equally divided between the
charterers and the owners; and
further appointing (amongst other
things) that the master should keep
account of the issue of all stores
provided by the charterers, and
account for all surplus stores, less
ten per cent. This agreement was
shown by the defendant to the
plaintiff, who expressed his general
satisfaction. No communication
passed between them as to the
terms on which the plaintiff should
serve on the new voyage, except
that the plaintiff would receive
a gratuity from the charterers.
Under this agreement the ship,
under the command of the plain-
tiff, took out to New Zealand a
number of emigrants, including a
number of cabin-passengers. The
plaintiff also received his gratuity
from the charterers :—Held, that
the original agreement continued ;
and that, notwithstanding the al-
tered circumstances, the master
was intitled to a share of cabin
passage-money profits. Gananoque.
Page 448
2. The master of a ship does not
forfeit his wages by occasional
drunkenness; nor by mere errors
in judgment in the performance of
his duty. Atlantic. Page 566
3. A master is intitled, under ss. 187,
191 of the Merchant Shipping Act,
1854, to double pay for the num-
ber of days (not exceeding ten)
during which the payment of his
wages is improperly withheld; but
he is not so intitled, if he himself
causes the delay, by improperly
keeping back the accounts of the
ship. Princess Helena. Page 190
The owner of a ship refused to
pay wages due to a master for a
voyage, unless credited with cer-
tain salvage money received by
the master under an award, and
kept by him for his own share;
the master refusing to account for
a subsequent voyage, except on
condition of a settlement for the
former voyage, without reference
to the salvage money :-Held, that
the payment of wages was im-
properly withheld, and that the
master was intitled, under the
statute, to ten days' double pay.
Princess Helena.
Page 190
4. The master of a foreign ship in-
stituted a cause against the ship
for his wages, and no notice of the
institution of the cause was given
by him to the consul of the foreign
state. The owners appeared under
protest; and the consul swearing
an affidavit in the cause, protested
as consul against the cause being
allowed to proceed:
Cause dismissed on the ground
that the jurisdiction of the Court
of Admiralty over causes of wages
of foreign masters is discretionary
only; that notice of the institu-
tion of any such cause ought to
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