(Appendir.)

3. Commission under the Great Seal of Great Britain for the trial of offences committed within the jurisdiction of the Admiralty of England, dated October 30, 1841. ibid, 380.

4. Opinion of Kerr, J., in the following cases:

The Camillus, ibid, 383.

The Coldstream, ibid, 386.

5. The several commissions in continuation of the above commission of vice-admiral down to the present time, with their respective dates. ibid, 390.

6. The several judges of the Vice-Admiralty Court of Quebec since the cession of the country to the Crown of Great Britain. ibid, 391.

7. For contents of, in 2 Stuart, see p. 233 thereof.

8. For contents of, in Cook, see p. 372 thereof.

APPOINTMENT.

1. Of Vice-Admiral, or any Judge, Registrar, Marshal, or other officer of a Vice-Admiralty Court established in British possessions. 26 Vict. c. 24, ss. 3, 4, 5, 6 and 7. 2 Stuart, 254.

(See now, however, "The Admiralty Act, 1891.")

APPRAISEMENT.

1. An appraisement of a derelict ship was objected to on the grounds (1) That the appraisers had been chosen by the proctor for the salvors; (2) That the writ had not been directed to the marshal or to the commissioners, but to the appraisers themselves. The Cambridge, Young, 63.

2. Directions as to proper method of executing appraisement of ship and cargo, see The Regina, ibid, 107.

3. Where an appraisement is ordered by the Court at the instance of the salvors, with a view to a decree, and has been duly made by reliable parties, the Court will not allow it to be questioned. The S. B. Hume, ibid, 228.

4. After two commissions of appraisement had been issued, and the returns in both cases found too high, so that no sale could be effected, the Court fixed an upset price, ordered a sale at short notice, and made a decree upon the proceeds thereof. The Cambridge, ibid, 64.

(Appraisement.)

5. A commission of sale may issue in the first instance. The Nordcap, Stockton, p. 173.

6. See Rules 145 to 154 of 1893, for present practice as to appraisement and sale.

ARTS AND SCIENCES.

1. They are protected from the operations of war. de Somerueles, Stewart, 482.

ASSAULT.

The Marquis

1. As to the authority of the master of a merchantman to inflict punishment on a passenger who refuses to submit to the discipline of the ship. The Friends, 1 Stuart, 118.

2. Assault and battery, and oppressive treatment by the master of a ship upon a cabin passenger-charge sustained. The Toronto, ibid, 170.

3. No words of provocation whatever will justify an assault. ibid. 4. If provoking language be given, without reasonable cause, and the party offended be tempted to strike the other, and an action brought, the Court will be bound to consider the provocation in assessing the damages. ibid.

5. To constitute such an assault as will justify moderate and reasonable violence in self-defence, there must be an attempt, or offer, with force and violence, to do a corporal hurt to another. ibid.

6. In an action against the master of a ship chartered by the East India Company, for an assault and false imprisonment—a justification on the ground of mutinous, disobedient, and disorderly behavior sustained. The Coldstream, ibid, 386.

7. As to the authority of the master of a merchantman to put a seaman in irons for disobedience, neglect of duty, and conduct tending to induce a mutiny. The Bridgewater, Cook, 252.

8. He may correct not only by personal chastisement, but by confinement or imprisonment on board the ship. ibid.

9. To accomplish his purpose, deadly weapons, in general, cannot be employed; but cases of necessity may justify their use, and, in the event of mutiny, any force and any weapon may be used which the urgency requires to repress it. ibid.

ASSESSORS.

1. Opinion of Captain Henry W. Bayfield, R. N., commanding naval and surveying service in the River and Gulf of St. Lawrence in the following cases: The Cumberland, 1 Stuart, 79; The Nelson Village, ibid, 156; The Leonidas, ibid, 230.

2. Opinion of Capt. Edward Boxer, R. N., C. B., in the following cases: The John Munn, ibid, 265; The By-Town, ibid, 278.

3. Opinion of Lieut. Edward D. Ashe, R. N., in the following cases: The Roslin Castle and The Glencairn, ibid, 306; The Niagara and The Elizabeth, ibid, 316-220.

4. Opinion of Capt. Jesse Armstrong in the following cases: The Niagara and The Elizabeth, ibid, 316–320.

5. As to practice when nautical skill and knowledge are required (Sir James Marriott's Formulary, 159).

6. Opinions in the following cases in 2 Stuart: The Secret, 133; The Hibernian, 155; The Thames, 222; The Wavelet, 355; The Chase, 361, 369.

7. Opinions in the following cases in Cook: The Quebec and Charles Chaloner, 27; The Quebec, 33, 41; The Underwriter and Lake St. Clair, 54; The Agamemnon, 63; The Churchill and Normanton, 72; The Frank, 91; The Rosa and Ranger, 102; The Eliza Keith and Langshaw, 112; The Earl of Lonsdale, 161; The William, 174; The Attila, 202; The General Birch and Progress, 240; The Princess Royal and Rubens, 247; The Margaret M., 270; The Lombard and Farewell, 289; The Monica, 314; The Signe and Rose C., 366.

See Collision, No. 46.

ASSIGNMENT.

See Bottomry Bond, Lien, Salvage, 1, 2. Cook, 178.

1. Except in case of bottomry, a maritime lien cannot be assigned. Stockton, ante, p. 139, note.

ATTACHMENT.

1. Attachment awarded against a master for taking out of the jurisdiction of the Court his vessel, which had been regularly attached. The Friends, 1 Stuart, 72.

2. Application for an attachment for contempt for resisting the process of the Court rejected; the statement of the officer being contradicted by the affidavits of two other persons present at the The Sarah, ibid, 86.

arrest.

(Attachment.)

3. Application for an attachment for contempt against a magistrate, first seized of a seaman's suit, for having issued a warrant and arrested the seaman whilst attending his proctor for the purpose of bringing the suit, rejected. The Isabella, ibid, 134.

4. Attachment decreed for contempt in obstructing the marshal in the execution of the process of the Court. The Delta, ibid, 207.

ATTORNEY-GENERAL.

1. During the absence of the Attorney-General, the powers and duties of the office devolve upon the Solicitor-General. The Dumfriesshire, 1 Stuart, 245.

2. In New Brunswick, the like rule is laid down by Act of Assembly. 52 Vict. c. 6, s. 2 (1889), p. 92.

BAIL.

1. The bail of a party is an incompetent witness on his behalf. The Sophia, 1 Stuart, 219.

[This was decided in 1839, and is not now law.)

1. Opinions of, noticed by the Chief Justice of Nova Scotia, in 2 Stuart, 348; Young, 1.

See Prefatory notice to same volume.

2. He was judge of Quebec Court from 1836 to 1873. Cook, 413.

BLOCKADE.

1. Of Martinique-evidence of, and knowledge of the parties. The Nancy, Stewart, 28.

2. Of the same place-closely blockaded from June 16, 1803, to the end of May, 1814. A vessel taken two months after the blockade had ceased, restored with costs. The Betsey, ibid, 39.

(Blockade.)

3. Of Curacoa - excuses for breaches of insufficient. The Eliza beth, ibid, 80.

4. Merely carrying passengers no excuse for breaking a blockade. The Tamaahmah, ibid, 254.

5. As to a general blockade — of all places under the government of France- Hamburg within its terms. Cargo brought from a blockaded port by land, and shipped in an open port, not confiscable. The Thomas Wilson, ibid, 269.

6. Of Copenhagen and Zealand did not extend to other Danish ports. The Express, ibid, 292.

7. Of Leghorn broken by bringing goods thence by sea to Civita Vecchia. The Marquis de Somerueles, ibid, 445.

8. Of New York. It must be de facto as well as a notification. The blockade of New York commenced June 22, 1813. After public notification, the actual investment constitutes a complete blockade without further notice The Republican, ibid, 571.

9. When a blockade has been known to exist the claimant must prove the relaxation; but where it is not known that a blockade has been commenced, it is for the captors to establish it by evidence. Licensed vessels not affected by an order for blockade, when such appears to have been His Majesty's intention. A blockade affects the enemy only de facto-neutrals de jure. The Orion, ibid, 497.

10. When a blockade has been notified publicly, no further information is necessary, and if a vessel knowing of such notification sails to the port and finds it blockaded, it is a breach of the blockade. The Carlotta, ibid, 539.

11. Vessels associated for a blockade entitled to share in captures of the enemy's property, though driven on shore and seized there. The Flight, ibid, 559.

BOTTOMRY BOND.

1. Jurisdiction in respect of bottomry or respondentia bonds confirmed by the "Vice-Admiralty Courts Act, 1863." See 2 Stuart, p. 255.

2. Advances, which may become the subject of bottomry, must be advances made for the service of the ship during the particular voyage for which she is engaged. The Adonis, 2 Stuart, 125.