SURROGATES.

1. Validity given to the judicial acts of surrogates who execute the office of judges in the Courts of Vice-Admiralty abroad, during vacancies in the offices of judges of such Courts, whether occasioned by the death, or resignation, or other removals of the said judges. 56 Geo. 3, c. 82 (passed 25th June, 1816).

TABLE OF FEES.

1. Since the passing of the Imperial Act 2 Will. 4, c. 51, the establishment of a table of fees for the Vice-Admiralty Court is exclusively in the Privy Council. The John and Mary, 1 Stuart, 64.

2. From 1764 to 1780 there are no records in the Registry of Quebec, or documents, showing what was done in that interval of time in relation to fees. The London, ibid, 148.

3. The Governor and Legislative Council of the old Province of Quebec, in 1780, passed a temporary ordinance (20 Geo. 3, c. 3) "for the regulation and establishment of fees," including the fees to be taken in the Vice-Admiralty Court, which ordinance was continued by several successive temporary ordinances, the last of which expired on April 25th, 1790. ibid.

4. The record of the Court contains no information of the fees taken by the officers in the interval between the expiration of this continued ordinance and the table of fees established under the authority of the judge in 1809, and which was generally acted upon by him down to the passing of the 2 Will. 4, c. 51, and the promulgation of the table of fees of June 27th, 1832. ibid.

5. From this period down to the Order in Council of November 15th, 1835, this table of fees was acted on. ibid.

6. By 26 Vict., c. 24, authority was given to Her Majesty in Council from time to time to establish tables of fees. See ante, p. 358.

7. For present law relating to the establishment from time to time of tables of fees, see Colonial Courts of Admiralty Act, 1890, s. 7. ante, p. 391.

8. For table of fees now in force, see ante, p. 527. See Fees.

See Collision, 98.

TELEGRAPH CABLE.

SS

TENDER.

1. Where a tender is refused simply on account of more being alleged to be due, it is not necessary that the amount tendered should be in coin. The British Lion, 2 Stuart, 114.

2. As to the practice of tender in the Court.

The Marino, Young, at p. 53.

3. Tender where sufficient entitles defendant to costs. See The Peeress, Young, at p. 267.

1. The Act 26 Vict. c. 24, s. 10, gave Vice-Admiralty Courts jurisdiction touching the title and ownership of any vessel registered in the possession in which the Court is established. Prior to that Act they had no more than the ordinary jurisdiction possessed by the High Court of Admiralty before the passing of 3 & 4 Vict. c. 65 (1840). See the judgment in The Australia, 13 Moo. P. C. 132 (1859) on appeal from Vice-Admiralty Court of Hong-Kong. The jurisdiction is now governed by 24 Vict. c. 10, s. 8. ante, p. 349.

TORTS.

See Admiralty; Assault; Collision; Damages (personal); Jurisdiction; Harbor: Master; Passenger. Also ante, p. 157.

TOWAGE.

1. Jurisdiction as to claims for towage extended by the ViceAdmiralty Courts Act, 1863 (26 Vict. c. 24, s. 10). ante, p. 356.

2. Under this Act the Court can enforce the payment of reasonable towage, but has no authority to enforce an agreement to employ a particular tug either for a definite or an indefinite quantity of work. The British Lion, 2 Stuart, 114.

3. Where an agreement was made in the Lower St. Lawrence with a tug to tow a ship to Quebec, Montreal, and back to Quebec, Held, That the tug, having towed the ship to Quebec and Montreal, her owner could not transfer the contract to another to complete it, and that he could not substitute an inferior tug with additional tow for the purpose. The Euclid, Cook, 279.

4. Quære: As to the jurisdiction of the Court. ibid.

(Towage.)

5. Where negligence was charged against a tug for running her tow aground in an intricate channel in the St. Lawrence, Held, That the accident was owing to the increased danger of the navigation at the beginning of winter, and that the immediate cause was the shutting out of lights and the fact of the buoys in the channel being invisible. The Guelph, Cook, 321.

6. In the opinion of the Court the tow was to blame for navigating at a dangerous and inclement season without a qualified licensed pilot. ibid.

7. Distinction between towage and salvage. The Herman Ludwig, Young, 211.

8. As to the authority of the master to enter into an agreement for towage. The Athabasca, Cassell's Dig., 522.

9. Two vessels-the F. and the A.-were moored to a buoy on the north of the harbor of St. John, N. B. They were fastened together, and during the night broke loose by reason of the buoy becoming detached from its mooring, and they drifted bow foremost down the harbor. All on board the vessels were asleep. The plaintiffs' tug gave the alarm to those on board the vessels, and, by fastening on to the A., towed both vessels out into the harbor and left them in a place of safety. Held, That the services rendered under the circumstances were salvage services, and although the tug had not, in fact, fastened a line to the F., yet salvage services had been rendered her, for which she was liable, and that the owners of the tug could proceed separately against the F. without joining the A. in the action. The Frier, Stockton, ante, p. 180.

10. A tug-boat was engaged by the charterers of a vessel, the E., to tow her from the harbor of St. John, N. B., through the Falls, at the mouth of the river, beneath a suspension bridge which spans the Falls at a point where the river flows into the harbor. The vessel towed was chartered to carry a cargo of ice from the loading place above the Falls to New York, and the charterers were to employ the tug and pay for the towage services. The tug having waited to take another vessel in tow, together with the E., was too late in the tide, and in going under the bridge the topmast of the E. came into collision with the bridge and was damaged. Held, That the Court had jurisdiction to entertain the suit; that the delay of the tug in going through the Falls was evidence of negligence;

(Towage.)

and the tug and owners were condemned in, damages and costs. The Maggie M., ibid, 185.

See note to this case, ante, p. 189.

11. The owners of tug-boats plying in the harbor of St. John, N. B., entered into an agreement to charge a uniform rate for towage services, and specified the amounts for the different tows. The effect was to materially increase the rates on former years, when there was free competition and cut rates. The plaintiffs' tug, at the request of the H. E. K., rendered to the vessel towage services, and charged the combination rates. The vessel owner offered to pay what he had paid in former years for like services, and refused to pay more, claiming the combination rates were against public policy and illegal. Held, That as the charges were reasonable and fair for the services performed, the plaintiffs were entitled to recover the full amount claimed. The Hattie E. King, Stockton, ante, 175. See note to this case as to illegal combination in restraint of trade. See Steamers; Steam-tug; Salvage, 54, 60, 66.

TRADE.

Between enemy's ports by Order in Council, January 7, 1807. Intention not sufficient. The Express, Stewart, 292.

TRADE AND NAVIGATION LAWS.

As to seizures for breach of the Trade and Navigation Laws.
See Customs; Revenue Cases; Vice-Admiralty Courts.

TREATY.

1. Under American treaty vessels may go to supply with necessaries the vessels employed in fishing upon the coasts of Labrador. The Fame, Stewart, 95.

2. The American treaty dissolved all connection with the subjects of the United States. Persons born under the King's allegiance there not entitled to the privileges of British subjects. The Providence, ibid, 186.

3. A passport not being according to the form of the Swedish Treaty, 1661, a vessel restored, but claimants condemned in costs. The Stockholm, ibid, 379.

4. To the same effect. The Gustava, ibid, 541.

5. The treaty of 1818 and fishing rights thereunder. The White Fawn, Stockton, ante 200.

TRINITY HOUSE.

See Collision, 64;. Vis Major, 2; Steamer, 7.

TUG AND TOW.

See Collision; Salvage; Steamer; Steam-tug; Towage.

UNION JACK.

1. None of Her Majesty's subjects to hoist on their vessels the Union Jack, or any pendants, etc., usually worn on Her Majesty's ships, and prohibited to be worn by proclamation of January 1st, 1801, under a penalty not exceeding £100 (8 & 9 Vict. c. 87).

2. Jurisdiction of the High Court of Admiralty and of the ViceAdmiralty Courts in such cases. 1 Stuart, 427.

UNITED STATES OF AMERICA.

1. Regulations for preventing collisions apply to ships of the United States when navigating the inland waters of North America whether within British jurisdiction or not. Order in Council, November 30, 1864. See 2 Stuart, p. 313.

VICE-ADMIRAL.

1. By letters patent, dated the 19th of March, 1764, General James Murray, then Captain-General and Governor-in-Chief in and over the province of Quebec, was appointed Vice-Admiral, Commissary, and Deputy in the office of Vice-Admiralty in the said province of Quebec and territories therein depending, and in the maritime ports of the same and thereto adjoining, with power to take cognizance of and proceed in any matter, cause or thing according to the rights, statutes, laws, ordinances, and customs observed in the High Court of Admiralty in England.

See Copy of Commission set out. 1 Stuart, 370.

2. By this commission His Majesty introduced into the province of Quebec all the laws of the English Court of Admiralty in lieu of the French laws and customs by which maritime causes were decided in the time of the French government. See report prepared by Francis Maseres, Esq., Attorney General of the Province of Quebec, by order of Guy Carleton, Esq., the Governor of the Province, February 27th, 1769. Mr. Maseres was afterwards Cursitor Baron of the Court of Exchequer in England.

For a list of the several commissions in continuation of the above down to the present time-the powers in are identical-see 1 Stuart, p. 390.