(Admiralty Jurisdiction.)

17. The Court of Vice-Admiralty exercises jurisdiction in the case of a vessel injured by collision in the river St. Lawrence, near the city of Quebec. The Newham, ibid, 70.

18. The Admiralty has jurisdiction in cases of possession, at the suit of owners of ships to obtain possession thereof. The Haidee, 2 Stuart, 25.

(The nature of the jurisdiction in cases of possession antecedent to the passing of the 3 & 4 Vict. c. 65, which enlarged it, will be seen from the judgments of Lord Stowell upon that subject, which are collected together in Pritchard's Admiralty Digest.)

19. The Admiralty has jurisdiction in cases of collision occurring on the high seas, where both vessels are the property of foreign The Anne Johanne, ibid, 43.

owners.

20. Difficulties as to the jurisdiction of Admiralty, which had continually occurred from the words of the statute of Richard II., are now wholly removed by the 3 & 4 Vict. c. 65, passed Aug. 7, 1840; "The Admiralty Court Act, 1861" (24 Vict. c. 10); and "The Vice-Admiralty Courts' Act, 1863" (26 Vict. c. 24). ibid, pp. 235, 247, 253.

[The Vice-Admiralty Courts' Act, 1863, was repealed by "The Colonial Courts of Admiralty Act, 1890" (Imp.)].

21. As to jurisdiction in respect of forfeitures of ships for offences against "The Foreign Enlistment Act, 1870." See 33 & 34 Vict. ss. 19, 26 and 30; 2 Stuart, pp. 286, 292, 295, 297.

22. “The Admiralty Court Act, 1861," does not extend per se to the Vice-Admiralty Courts. The City of Petersburg, 2 Stuart, 351; s. c. Young 1.

23. For Admiralty jurisdiction as to Courts of Vice-Admiralty. See Vice-Admiralty Courts.

See Collision, 63-95.

25. Her Majesty, by commission under the Great Seal, may empower the Admiralty to establish one or more Vice-Admiralty Courts in any British possession which may have previously acquired independent legislative powers (30 & 31 Vict. c. 45, s. 16). Cook, 383. (This is now regulated by "The Colonial Courts of Admiralty Act, 1890.")

26. The jurisdiction and authority of all the existing Vice-Admiralty Courts are declared to be confirmed to all intents and purposes, notwithstanding that the possession in which any such

(Admiralty Jurisdiction.)

Court has been established may, at the time of its establishment, have been in possession of legislative power. ibid.

27. Vice-Admiralty Courts have jurisdiction in all cases of breach of regulations and instructions relating to Her Majesty's navy at sea, and in all matters arising out of droits of Admiralty (26 Vict. c. 24, s. 10). Cook, 376; ante, p. 357.

28. The jurisdiction in respect of seizures for breach of the revenue, customs, trade, or navigation laws, or of the laws relating to the abolition of the slave trade, or to the capture and destruction of pirates and piratical vessels, is not taken away or restricted by "The Vice-Admiralty Act, 1863" (26 Vict. c. 24, s. 12). Cook, pp. 376-7. See ante, p. 357.

29. Nor, in any other jurisdiction, at the time of the passing of that Act, lawfully exercised by any such Court. ibid.

30. The jurisdiction of the Vice-Admiralty Courts, except where it is expressly confined by that Act to the matter arising within the possession in which the Court is established, may be exercised, whether the cause or right of action has arisen within or beyond the limits of such possession. ibid, Cook, 376; ante, p. 357.

31. Vice-Admiralty Courts have jurisdiction in respect of seizures of ships and vessels fitted out or equipped in Her Majesty's dominions for warlike purposes without Her Majesty's license in contravention of the Foreign Enlistment Act, 1870 (33 & 34 Vict. c. 90).

32. The Court has jurisdiction to entertain a suit promoted by the owners of a towed vessel against the tug for damages sustained by the tow, through the negligent navigation of the tug, having been brought into collision with another vessel. The William, Cook, 171.

33. While the Court can enforce the payment of reasonable towage, it cannot award damages for breach of an alleged towage contract; e. g., the refusal of a vessel to carry out an agreement to employ a particular tug. The Euclid, Cook, 280.

34. The Dominion Parliament may confer on the Vice-Admiralty Courts jurisdiction in any matter of shipping and navigation within the territorial limits of the Dominion. The Farewell, Cook, 282.

35. Where an Act of the Dominion Parliament is in part repugnant to an Imperial statute, effect will be given to its enactments in so far only as they agree with those of the Imperial statute.

(Admiralty Jurisdiction.)

36. The Court will be guided by circumstances, in exercising or declining to exercise jurisdiction, in the matter of suits for wages by foreign seamen, when the consul of the country to which the vessel proceeded against belongs protests against the further prosecution of the suit. The Bridgewater, Cook, 257; The Monark, Cook, 341.

37. Where a vessel under charter was injured by collision caused by another vessel, the charter party providing that in case of damage the hiring should cease until she could be repaired: Held, that an action by the charterers against the offending ship for the detention would lie. The Nettlesworth, Cook, 363.

38. The Vice-Admiralty Court at Quebec has no jurisdiction over claims between owners when the ship in relation to which such claims are asserted is registered in another province as in the province of Nova Scotia. The Edward Barrow, Cook, 212.

39. The jurisdiction conferred by the Vice-Admiralty Courts Act, 1863, does not, in the case of damage by a ship to a wharf, extend so far as to enable the Court to award consequential damages occasioned to the traffic of a lessee. The Barcelona, Cook, 311.

40. The Court cannot exercise jurisdiction so as to give effect to an agreement between the owner and master of a vessel where the duties to be performed by the latter are miscellaneous and not exclusively those of a master. The Royal, Cook, 326.

41. In so far as regards Canadian registered vessels, the Court can entertain claims for masters' and seamen's wages if the amount due is or exceeds two hundred dollars, and this under the Dominion statute, the Seamen's Act, 1873. ibid. See contra. The Jonathan Weir, Stockton, 79. But see note ibid, p. 80, contra.

42. The Vice-Admiralty Courts Act, 1863, has not affected or repealed the 189th and 191st sections of the Merchant Shipping Act, 1854. The Royal, Cook, 326.

43. The 189th section of the latter Act applies to foreigners as well as to British vessels. ibid.

44. Since the passing of the statute 26 & 27 Vict. c. 24, s. 10 (The Vice-Admiralty Courts Act, 1863), the Court has jurisdiction to entertain a claim for damage to a railway car standing on a wharf within the limits of a county, by the hawser of the vessel coming in contact with the car and overturning it. The Teddington, Stockton, 45.

KK

(Admiralty Jurisdiction.)

45. A foreign steamship, the E., while in the harbor of St. John, N. B., loading a cargo of deals, bought and received on board a quantity of coals for the use of the ship. The coals were purchased to be delivered in the bunkers of the steamer, and the coal merchant employed a third party to put the coals on board. The steam power to hoist the coals on board was furnished by the E. The plaintiff was employed by the third party to put the coals on board, and while so employed was injured by the breaking of the hoisting rope. Held: That an action could not be maintained against the steamer; that the Court had no jurisdiction; and that the ViceAdmiralty Courts Act, 1863, sec. 10, sub-sec. 6, did not confer authority to entertain such an action. The Enrique, Stockton, 157.

(In view of recent decisions it is submitted this case must be considered overruled. See note to this case, Stockton, 161, et seq).

ADMIRALTY SUITS.

1. All Admiralty suits in the British Courts are summary causes, and justice is administered levato velo. The Newham, 1 Stuart, 70.

ADVOCATES.

1. All persons entitled to practice as advocates, barristers-at-law, proctors, attorneys-at-law, or solicitors in the Supreme Court of a British possession, shall be entitled to practice in the same respective capacities in the Vice-Admiralty Court or Courts of such possession, and shall have therein all the rights and privileges respectively belonging to advocates, barristers-at-law, proctors, attorneys-at-law, and solicitors, and shall in like manner be subject to the authority of the person for the time being lawfully exercising the office of judge of such Court. 30 & 31 Vict. c. 45, s. 15. Cook. 383.

2. Non-payment of fees received by advocate or proctor for Registrar is a breach of discipline of which the Court may take notice in a summary manner. Ex parte Drolet, 2 Stuart, 1.

1. They do not become British subjects by the oath of allegiance, and are not privileged by the license of the Governor of Nova Scotia. The Providence, Stewart, 186.

For statutes relating to, see Stockton, ante, p. 328. R.S, C. c. 113.

AMBASSADORS.

1. They cannot grant licenses to authorize the enemy to trade with the British dominions. The Sally Ann, Stewart, 367.

2. Representatives of ambassadors are entitled to credit without further evidence. The Amanda, ibid, 442.

3. For the mode of proceeding upon an application after sentence, see ibid, 442.

See Practice.

AMENDMENT.

See note to The Maud Pye, Stockton, p. 103.
See Error.

AMERICAN WAR.

1. The declaration of war by the United States in 1812 against Great Britain did not place the two countries in a complete state of war till the order for reprisals by the British Government, and American property found in the British dominions not liable to be seized on the breaking out of hostilities. The Dart, Stewart, 301.

APPEAL.

1. The appellate jurisdiction of the High Court of Admiralty from Courts of Vice-Admiralty is by 3 & 4 Will. 4, c. 41, transferred to the Judicial Committee of Privy Council. 1 Stuart, 5.

2. An appeal from a decree or order of a Vice-Admiralty Court lies to Her Majesty in Council; but no appeal shall be allowed, save by permission of the judge, from any decree or order not having the force or effect of a definitive sentence or final order (26 Vict. c. 24, s. 22); appeal to be made within six months. s. 23, 2 Stuart, 257. See also The Teddington, Stockton, 65 n. (See now, however, "The Admiralty Act, 1891.")

APPENDIX.

1. Commission of Vice-Admiral under the Great Seal of the High Court of Admiralty of England, to James Murray, CaptainGeneral and Governor-in-Chief in and over the Province of Quebec in America, dated March 19, 1764. 1 Stuart, 370.

2. Commission under the Great Seal of the High Court of Admiralty of England, appointing Henry Black, Judge of the Vice-Admiralty Court of Lower Canada, dated October 27, 1838. ibid, 376.