COMTE NESSELROOD. Salvage-Agreement — Certificate for Costs under 17 & 18 Vict. c. 104, s. 460-Costs up to time of tender PAGE 454 541 COURIER. Collision in Foreign Waters-Jurisdiction—24 Vict. D. H. PERI. Foreign Plaintiffs - Security for Costs and DESPATCH. (On Appeal to Privy Council.) Collision-Rule DIANA. Collision in Foreign inland Waters-Jurisdiction— 24 Vict. c. 10, s. 7 DON FRANCISCO. Damage to Goods imported-24 Vict. c. 10, s. 6-Right of set-off-Interrogatories-Production of Documents EARL OF AUCKLAND. Collision-Compulsory Pilotage- On Appeal to Privy Council EASTERN MONARCH. Life-Salvage - 17 & 18 Vict. c. 104, s. 4.59 EAST LOTHIAN. (On Appeal to Privy Council.) Collision— EDMOND. Bottomry - Mortgagee in Possession - Bond for Items in Bond-Discharging Expenses of Outward Cargo 14 543 98 539 468 164 387 EDWARD HAWKINS. (On Appeal to Privy Council.) Salvage ARTHUR GORDON. (On Appeal to Privy Council.) Collision ATLANTIC. Master's Wages-Forfeiture of Wages PAGE 270 566 ATLAS. Salvage-Right of Salvors who contribute to effect a AURORA. Collision-Action and Cross-Action-Ad- BILBAO. Collision-Damage by a Foreign Ship to a Barge in BLACK PRINCE. Collision-Measure of Damages - Demurrage BOMARSUND. Salvage-Vessel in Distress and Services of Strangers accepted-Injury caused to Ship by Negligence of Licensed Pilot BONITA. CHARLOTTE. Possession-Sale of British Ship by Master BOTHNIA. Collision-Vessel at Anchor – Pleading New Matter in Reply-17 & 18 Vict. c. 104, s. 296 CAMEO. Collision-24 Vict. c. 10, s. 34-Security required to answer Cross-Cause CANADA. Collision-Total Loss-Measure of Loss of Freight CARGO EX KATHARINA. Prize- Right of Search-Wrongful Detention-Proceedings after Cessation of War-Form of Monition-Limitation of Proceedings-17 Vict. c. 18, ss. 2, 56, 57 518 327 149 568 77 252 52 408 586 142 CAROLINE. Salvage-Part-Owner of the salving Vessel, Part- 334 CLEADON. (On Appeal to Privy Council.) Collision — Steamtug, with British Vessel in Tow, meeting at Night a Foreign Vessel close-hauled on the Starboard Tack COMTE NESSELROOD. Salvage-Agreement - Certificate for Costs under 17 & 18 Vict. c. 104, s. 460-Costs up to time of tender COURIER. Collision in Foreign Waters-Jurisdiction-24 Vict. c. 10, s. 7. PAGE 454 329 541 CRUS. V. Salvage-Duty of Vice-Consul-Corrupt Agreement 583 CUBA. Salvage-Appeal from Award of Justices-Discretion -17 & 18 Vict. c. 104, s. 464 Security for Costs and DESPATCH. (On Appeal to Privy Council.) Collision-Rule as to Recovery secundum allegata et probata DIANA. Collision in Foreign inland Waters-Jurisdiction— 24 Vict. c. 10, s. 7 14 543 DON FRANCISCO. Damage to Goods imported-24 Vict. c. 10, s. 6-Right of set-off-Interrogatories-Production of Documents. EARL OF AUCKLAND. Collision-Compulsory Pilotage- On Appeal to Privy Council EASTERN MONARCH. Life-Salvage EAST LOTHIAN. (On Appeal to Privy Council.) Collision- Mortgagee in Possession-Bond for Items in Bond-Discharging Expenses of Outward Cargo EDWARD HAWKINS. (On Appeal to Privy Council.) Salvage PAGE ELLORA. Salvage-Mail Steamer losing her Screw, and being towed to her Destination by another Steamer carrying Cargo. EMPRESS EUGENIE. Collision-Reference to Registrar-Costs of Reference-Measure of Damages ENCHANTRESS. Salvage Apportionment-17 & 18 Vict. c. 104, s. 498-Agreement 550 138 93 530 10 FRANZ ET ELISE. Wages-Foreign Master-Security for Costs 377 GANANOQUE. Master's Wages-Share in Cabin-passage-money Profits-Presumption of Law as to Agreement extending to a subsequent Voyage. 448 George Arkle. Collision-Subsequent Salvage-Pleadings. 222 On Appeal to Privy Council-Collision-Admiralty Regulation as to coloured Lights-Vessel under Way-Negligence. GLENMANNA. Respondentia-Allowance of Commissions in cluded in the Bond-Practice 382 115 GOLDEN LIGHT. See ANNAPOLIS. GUSTAF. Order of Precedence of Claims against Ship-Maritime and possessory Liens 506 HALCYON. Collision-Duty of Vessel on Starboard Tack closehauled-17 & 18 Vict. c. 104, ss. 296, 298 HARRIET. Wages-Special Contract-17 & 18 Vict. c. 104, s. 189. 285 HERZOGIN MARIE. Suit by Foreign Master for Wages-Pro H.M. HAYES. See ANNAPOLIS. HUNTLEY. Bottomry-Cause by Default- Excessive Premium IDA. Jurisdiction-Damage-Foreign River—Action in Rem IRONSIDES. Damage to Goods imported— Goods transshipped — JOHANNES. Salvage of Life from a Foreign Ship on the High 24 6 458 182 CASES DECIDED IN THE HIGH COURT OF ADMIRALTY OF ENGLAND, AND ON APPEAL TO THE PRIVY COUNCIL. THE PRISCILLA. Bottomry—Liability of Cargo-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. But cargo hypothecated cannot be resorted to for payment of any bottomry bond until ship and freight are exhausted. Where, therefore, there are two bottomry bonds, the first in date on ship and freight only, and the other or last bond on ship freight and cargo, and ship and freight are insufficient to discharge both bonds, the last bond, which is intitled to priority, must be paid out of ship and freight. The Prince Regent (a) followed; dictum in the Trident (b) overruled. OTTOMRY. In September, 1858, the Priscilla, then lying in Constantinople, was chartered for a voyage to Odessa and thence to England; whilst lying at anchor there, she was run into by a vessel called the African, and to repair the damages, a bond (bond No. 1) was given on the ship and the freight to grow due on the chartered voyage. This bond was dated 12th October, 1858, and was for 500l. and interest. The Priscilla then sailed to Odessa and took in a cargo of peas for England. Shortly after leaving Odessa, she was forced to put back damaged by a gale, and a bond (bond No. 2) for 1207. was, on the 11th December, 1858, given on ship and cargo. The ship again sailed, and in the course of the voyage was obliged to be put into Syra to be (a) 2 N. of C. 272. (b) 1 W. R. 35. 1859. November 3. December 2. L. B |