(Compulsory Pilotage.) 11. The fact that the vessel to blame, in a case of collision occurring within Halifax harbor, was at the time of the accident in charge of a pilot, Held, no ground of exemption from liability, pilotage not being compulsory under the statutes of Nova Scotia. The Wavelet, Young, 34. See Conflicting Decisions, 2. CONFLICTING DECISIONS. 1. Conflicting decisions of Dr. Lushington in the case of The City of London, and of Sprague, J., in the case of The Ospray. The Inga, 1 Stuart, 335. 2. Decisions with respect to the liability of the owner of a vessel for damage done by her while in charge of a pilot, given before the passing of the Act of the Canadian Legislature (12 Vict. c. 114, s. 5), are not applicable under the law as it stood, after having been subjected to the important changes made by that Act. The Lotus, 2 Stuart, 58. CONTEMPT. 1. Commitment for. The Enoch Stanwood, Stewart, 123. CONTRABAND. 1. On the outward voyage-under false papers condemnation. The Aramintha, Stewart, 47; The United States, ibid, 116; The Happy Couple, ibid, 65; The Success, ibid, 77. 2. Copper in pigs, going to a port of naval equipment, is. The Express, ibid, 292. is. 3. Unmanufactured copper, going to a port of naval equipment, The Euphemia, ibid, 563. See also The Jerusalem, ibid, 570. 4. Iron, under Swedish treaty, not. The Active, ibid, 579. CONVENTION OF 1818. 1. The construction of the Articles of the Treaty. The J. H. Nickerson, Young, 100. 2. For a contrary decision to the above, see The White Fawn, Stockton, 200. CONSIDERATION. See Mariners' Contracts. CONSOLATE DEL MARE. The 148th and 149th capitoli of the Consolate del Mare declare that the sale of the ship, or the change of the master, operate as a discharge of the seaman. The Scotia, 1 Stuart, 166. See Sale of Ship; Owners. CONSULS. 1. In a suit by American seamen for wages, the consul of the United States, upon receiving notice of suit, made a representation in writing, accompanied by accounts, showing the promoters to be in debt to the ship, and requested that the case should not be entertained. Held, That the jurisdiction of the Admiralty over causes of wages of foreign seamen being discretionary, the Court would, under the circumstances, decline to proceed with the action. The Bridgewater, Cook, 257. 2. In a suit for seaman's wages the protest of a foreign consul to the jurisdiction overruled. The Monark, Cook, 341. See Foreign Vessels; Wages, 35. CONSTRUCTION. See Mariners' Contract. CONTRACT. See Salvage; Mariners' Contract. COSTS. 1. The Court may exercise a legal discretion as to costs. Costs refused in this case. The Agnes, 1 Stuart, 57. 2. If a suit be brought by a seaman for wages, a settlement without the concurrence of the promoter's proctor does not bar the claim for costs; the Court will inquire whether the arrangement was or was not honorable and just, and relieve the proctor if it were not so. The Thetis, ibid, 363. 3. The practice is not to give costs to either party where a collision has occurred from inevitable accident. The Margaret, 2 Stuart, 19. See The Anne Johanne, ibid, 43; The McLeod, ibid, 140; The Harold Harfaager, ibid, 208. (Costs.) 4. Nor, where the damages have been found to proceed from the fault of the pilot alone. The Lotus, 2 Stuart, 58. See The Thames, ibid, 222. 5. Costs are not usually decreed in Courts of Admiralty against seamen who are unsuccessful in their suits. A decree for costs would, in most cases, subject the seaman to imprisonment, without being productive of any real advantage to the other party. The Washington Irving, ibid, 97. 6. A party who does not accept a tender made in current bank notes, or a cheque on a bank, drawn by a merchant of established credit, exposes himself to the payment of costs to the adverse party. The British Lion, ibid, 114. See Tender. 7. Where evidence was nearly balanced and suit dismissed, no costs were allowed. The Ailsa, ibid, 38. 8. In collision suits, either where there are cross-cases, or where one suit alone is brought, by the practice of the Admiralty, when mutual fault is established and the damages are divided, each party must bear his own costs. The Farewell; The Lombard, Cook, 289. But see The General, Stockton, 86. 9. This rule is also enforced by the Judicial Committee of the Privy Council even where a party, condemned as being wholly in fault in the Court below, succeeds so far in appeal as to have the fault declared mutual and the damage divided. The Underwriter; The Lake St. Clair, Cook, 43, s. c. 36 L. T. N. S. 155; 2 App. Cas. 389. 10. When, on a reference, the promoter's claim is reduced by one-third or more, by the practice of the Court, he must pay all costs of the reference. The Barcelona, Cook, 311. 11. Costs are not given against the Crown. The Minnie Gordon Stockton, 95. See Foreign Enlistment Act, 5. 12. Where seamen might have sued for and recovered their wages before a stipendiary magistrate or two justices, their costs refused. The Ann, Young, 104. See ante, p. 435, rules 132-138, as to costs. See Security for Costs. ante, p. 128. (Costs.) 13. Captors are not liable for costs and damages for firing at a vessel which had shown a hostile appearance of resistance. The Friends Adventure, Stewart, 97. See Inevitable Accident, 4. COURTS. For the jurisdiction of Courts of Admiralty, see Admiralty Jurisdiction, Customs, Cross Causes, Droits of Admiralty, Jurisdiction, Vice-Admiralty Court, Revenue. CRIMES AND MISDEMEANORS. 12 & 13 Vict. c. 96, makes provision for the prosecution and trial in Her Majesty's colonies of offences committed within the jurisdiction of the Admiralty. See also 18 & 19 Vict. c. 91, s. 21. See Commissions, 3; Offences. CROSS CAUSES. If a cause of damage by collision be instituted in any ViceAdmiralty Court, and the defendant institutes a cross cause in respect of the same collision, the Judge may, on application of either party, direct both causes to be heard at the same time and on the same evidence; and if the ship of the defendant in one of the causes has been arrested, or security given by him to answer judgment, but the ship of the defendant in the other cause cannot be arrested, and security has not been given to answer judgment therein, the Court may, if it thinks fit, suspend the proceedings in the former cause until security has been given to answer judgment in the latter cause. 26 Vict. c. 24, s. 21; 2 Stuart, p. 257. See ante, p. 419, rule 27, as to Counter Claims. CUSTOM. 1. A custom involving the stoppage of an ascending vessel at certain difficult parts of the channel noticed and approved. The Elphinstone, Cook, 132. 2. A steamer held to blame for not stopping before entering an intricate channel to allow a descending vessel to pass, in accordance with an alleged and established custom to that effect. The Earl of Lonsdale, ibid, 153. See Revenue Cases. CUSTOMS. DAMAGE-DIVISION OF. 1. Where both parties are mutually blamable in not taking measures to prevent accidents, the rule is to apportion equally the damages between the parties according to the maritime law as administered in the Admiralty Court. The Sarah Ann, 1 Stuart, 300. 2. Where, in cases of collision, both parties are mutually blamable, Courts of Admiralty, adhering to the ancient maritime law, would have apportioned the damages equally between the respective owners of the vessels; but by the Act of Canada, 31 Vict. c. 58, owners of vessels contravening the rules prescribed in such statute are precluded from recovering any portion of their damages. The Rosa; The Ranger, Cook, 104. The Eliza Keith; The Langshaw, ibid, 113. See 43 Vict. c. 29 (R. S. C. c. 79, s. 7), restoring the Admiralty rule. 3. The foregoing rule does not apply to owners of cargo laden on board one of the delinquent vessels. ibid, 116. 4. And now, by the Canadian statute 43 Vict. c. 29 (R. S. C. c. 79, s. 7), the Admiralty rule of the equal division of damages, in the event of common fault, is followed. The Lombard; The Fare well, Cook, 289. See also The Nelson, ibid, 296; The Monica, ibid, 314; also note, Cook, p. 294. 5. By the modern practice of the Admiralty, where, in the case of collision, both ships are to blame, but no cross action is brought, the defendant is condemned in a moiety of the plaintiff's damages. The Arran, Cook, 356. See Collision, 30, 57, 65, 75, 83, 91, 97, 101, 106, 114, 141, 144, 148, 163, 173. See note to The General, Stockton, p. 91, where the cases are collected; The Maud Pye, ibid, p. 104. DAMAGES-MEASURE OF. 1. A vessel collided with two lighters endeavoring to raise a sunken steam-tug, broke the chains which connected them with the wreck, sent them adrift, and was condemned in the damages resulting from such collision. On the reference, the registrar and merchants allowed the promoters all expenses incurred in endeavoring to raise the sunken tug for the four weeks preceding the |