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COMTE NESSELROOD. Salvage-Agreement — Certificate for Costs under 17 & 18 Vict. c. 104, s. 460-Costs up to time of tender

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454

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COURIER. Collision in Foreign Waters-Jurisdiction—24 Vict.
c. 10, s. 7
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

D. H. PERI. Foreign Plaintiffs - Security for Costs and
Damages

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

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DON FRANCISCO. Damage to Goods imported-24 Vict. c. 10, s. 6-Right of set-off-Interrogatories-Production of

Documents

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EARL OF AUCKLAND.

Collision-Compulsory Pilotage-
Pilotage Certificate-6 Geo. IV. c. 125, s. 59—17 & 18
Vict. c. 104, ss. 332, 353, 354, 355, 376, 379-17 & 18
Vict. c. 120, ss. 3, 4-Orders in Council, 18th February,
1854, and 16th July, 1857-Construction of Statutes in
Admiralty Court.

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—
Pleading-Onus Probandi

EDMOND. Bottomry - Mortgagee in Possession - Bond for
Homeward Voyage-Items in Bond of Expenses relating
to outward Cargo-Power of Master and Owner to
hypothecate-Assignment of outward Freight

Items in Bond-Discharging Expenses of Outward Cargo
-Law Expenses-Payment of Money into Court—In-
terest on Money pronounced due-Practice

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14

543

98

539

468

164

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387

EDWARD HAWKINS. (On Appeal to Privy Council.) Salvage
-Ineffectual Efforts

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ARTHUR GORDON.
Independence.

(On Appeal to Privy Council.) Collision
-17 & 18 Vict. c. 104, s. 296-Steamer
towing and Vessel close-hauled on the
port-tack crossing

ATLANTIC. Master's Wages-Forfeiture of Wages

PAGE

270

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566

ATLAS. Salvage-Right of Salvors who contribute to effect a
Salvage Service which is subsequently completed by others
-Misconduct or mistake of Salvors-Responsibility of
Salvors for act of Agent

AURORA.
ROBERT INGHAM.

Collision-Action and Cross-Action-Ad-
miralty Lights-Maritime Rule, and 17
& 18 Vict. c. 104, ss. 295, 298—Estoppel
by Pleading

BILBAO. Collision-Damage by a Foreign Ship to a Barge in
the River Thames-Absolute Appearance-Plea denying
Jurisdiction-3 & 4 Vict. c. 65, s. 6-17 & 18 Vict.
c. 104, ss. 527, 529-Plea alleging fault of Harbour
Master-10 Vict. c. 27, ss. 52, 53

BLACK PRINCE. Collision-Measure of Damages - Demurrage
Costs of Appeal from Registrar's Report .

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
abroad-Necessity - Communication with
Owner-Order of Sale by Commercial Court
abroad-Ratification by acceptance of Pur-
chase-Money

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-
Owner of the Vessel salved .

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

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COMTE NESSELROOD. Salvage-Agreement - Certificate for Costs under 17 & 18 Vict. c. 104, s. 460-Costs up to time of tender

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COURIER. Collision in Foreign Waters-Jurisdiction-24 Vict. c. 10, s. 7.

PAGE

454

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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

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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

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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-
Pilotage Certificate-6 Geo. IV. c. 125, s. 59-17 & 18
Vict. c. 104, ss. 332, 353, 354, 355, 376, 379-17 & 18
Vict. c. 120, ss. 3, 4-Orders in Council, 18th February,
1854, and 16th July, 1857-Construction of Statutes in
Admiralty Court.

On Appeal to Privy Council

EASTERN MONARCH. Life-Salvage

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EAST LOTHIAN. (On Appeal to Privy Council.) Collision-
Pleading-Onus Probandi .

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Mortgagee in Possession-Bond for
Homeward Voyage-Items in Bond of Expenses relating
to outward Cargo-Power of Master and Owner to
hypothecate-Assignment of outward Freight

Items in Bond-Discharging Expenses of Outward Cargo
-Law Expenses-Payment of Money into Court-In-
terest on Money pronounced due-Practice

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EDWARD HAWKINS. (On Appeal to Privy Council.) Salvage
-Ineffectual Efforts

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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

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ENCHANTRESS. Salvage Apportionment-17 & 18 Vict. c. 104, s. 498-Agreement

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550

138

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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

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HARRIET. Wages-Special Contract-17 & 18 Vict. c. 104, s. 189.

285

HERZOGIN MARIE. Suit by Foreign Master for Wages-Pro

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H.M. HAYES. See ANNAPOLIS.

HUNTLEY. Bottomry-Cause by Default- Excessive Premium

IDA. Jurisdiction-Damage-Foreign River—Action in Rem
-Wilful Tort of the Master

IRONSIDES. Damage to Goods imported— Goods transshipped —
Statute retrospective-24 Vict. c. 10, ss. 3, 6, 35

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JOHANNES. Salvage of Life from a Foreign Ship on the High
Seas-17 & 18 Vict. c. 104, ss. 458, 459, 460, 476–
Application of British Statutes to Foreigners out of
Jurisdiction

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

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