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Author of Naturalization in Canada;- Surrogate Court Practice and other works. TORONTO : THE CARSWELL CO. Ltd.. LAW PUBLISHERS. Ere 1893. KEIiOC Eni^ered according to Act of the Parliauieut of Canada, in tbo year one thousand eifiht hunilred and uinety-throe, by The Cabswell j. (Ltd.), in the olfico of the Minister of Agriculture. TOIlONTll : rillMTED BY TIIK (.'AKSHEM, CO. LTD. 22, 30 Atlelaiilu Ht, Kiist. To isaud office The Hoxofrahle Sir Johx S. D. Thompson-, K.C.^I.G., Q.C. MiNISTKll OP .TuSTIfK FOB CaNABA By Whom TUE XKW SYSTEM OF AD^riKALTY COUHTS. UNDEK THE IMPEliUL ACT HAS BEEN- ESTABLISHED I.\ CAN-ADA. This ll^orh (UV PERMISSION) RESPECTFULLY DEDICATED BY THE AUTHOR. ADDENDA TO HOWELL'S ADMIRALTY PRACTICE, CAN. After Howell's Admiralty Practice had been sent io the bindery the following important official circular was issued, and he desires to add it to the work, to be read or referred to in connection with the pages on Sal- vage and Wrecking Privileges ; striking out, in accordance tlierewitli, the words "i93. Department No. 154. Bureau of Navigation. Treasury Department, Washington, D.C, Oct. 5tb, 1893. To Collectors of Gastoms and others : The attention of collectors and other officers of the customs upon the northern frontiers of the United States is invited to the President's proclamation, dated July 17, 1803, relative to reciprocity of Wrecking between the United States and Canada. The Acting Secretary of State, under date of the 30th ultimo, recommends that further regulations regarding the matter be promulgated by this deptirtment, and states that during the visit of the Canadian Commissioners to Washington in October last the subject of reciprocal privileges in wrecking was under consideration, and that a declaration was then made on the part of the Govern- ment of the United States that \mder the Act of Congress approved May 24, 1890, ruhiting to vessels wrecked or disabled in the waters conterminous to the United States and Canada, the aid and assistance j^rovided for in said Act includes all necessary toxving incident to such aid and assistance, and that nothing in the coasting or customs laws of this country restricts the salving operations of such vessels and their appliances. The proclamation and the Act of May 24, 1890, on which it was based, are embodied in this Department's Circular No. 114, dated July 28, 1893, and should be construed and observed by all customs officers in such a Addenda. 11 manner a« to give due effect to the declaration aforesaid, in the case of Canadian vessels and wrecking appliances' rendering aid and assistance to Canadian and other vessels and property wrecked, disabled, or in distress in the waters of the United States contiguous to the Dominion of Canada, including the canal and improvement of the waters between Lake Erie and Lake Huron and the waters of the St. Mary's River and Canal. In case of doubt as to the action which should be taken in any case, the Department will give special instructions. Similar regulations have been made by the Canadian Governmei.t. (Signed) C. S. HAMLIN, Acting Secretary. PREFACE. rpHE coming into force of " The Admiralty Act, 1891," -■- (Canada), conferring jurisdiction throughout Canada and its waters, tidal and iwn-tidal, and of the General Rules for regulating the practice thereunder, published in the' Canada Gazette June 10th, 1893, marking a new era in the administration of maritime law and the exercise of Admiralty jurisdiction in the Dominion,— suggested the collecting together with those rules, of such statutes, Imperial and Canadian, as are material, and also the leading decisions of the House of Lords, the Privy Council, the High Court of Admiralty, the Admiralty Division of the High Court of Justice, England, and of the Supreme and Exchequer Courts of Canada, relating to the juris- diction and practice in question. A further justification would, it was thought, be found for such a publication at the present time in the circumstance that the current of judicial decision has recently been changed by the judg- ments of courts of last resort as to maritime liens in certain cases, such as towage, necessaries, and ship-master's dis- bursements and, as to the last named, the subsequent legis- lation thereon; and also in the coming into force this year of the recent arrangement for reciprocal wrecking and salvage privileges in the waters of the United States and Canada, the legislation and proclamations regarding which are set forth in Part HI. With a view to condensation, the references have, with few exceptions, been confined to cases in the Admiralty or Vice-Admiralty or Maritime Courts, and decisions on appeal therefrom, omitting decisions of the courts of com- mon law upon questions relating to shipping, not hitherto held to be within the jurisdiction of Admiralty Courts. The high authority of decisions of the learned judges who have presided in the Quebec, Nova Scotia, and other VI Preface. Vice-Admiralty Courts, and Courts of Vice- Admiralty juris- diction in the several provinces, has led to the citing of many of those decisions upon important questions. Those courts, however, as courts of equal rank were not, except- ing by what is described as " the comity among judges " : The Vera Cruz, 9 P. D. 96, at p. 98, bound to abide by the decisions of each other ; and therefore decisions of the Exchequer Court itself, or of the Supreme Court, or of the Appellate Courts in England, have been selected necessarily to the exclusion, in many instances, of those of the inferior courts involving the same questions. In all cases in which the provisions of Imperial statutes are introduced or re-enacted in a colony, it becomes necessary to introduce along with them the decisions of superior courts, by which constructions have been placed upon them, and also works of authority illustrating such statutes. In the present work the author has found it necessary constantly to refer to the practice of the Admir- alty Division of the High Court of Justice in England, and he desires to acknowledge the great assistance he has received from several works of acknowledged authority, and to some of which he has made frequent reference in the volume, especially to Williams & Bruce's Admiralty Practice, and Roscoe's Admiralty Practice; and also to other works of recognized authority upon the same subject. The author trusts that the work, though far from perfect, may be found a useful compendium of the law and practice upon the several matters treated of in its pages, and as such he respectfully offers it to the legal profession of the Dominion of Canada. Toronto, October, 1893. A. Howell. iltyjuris- citing of . Thoae t, except- judgea " : ie by the IS of the or of the scessarily e inferior Imperial b ))ecome8 eisioua of 3n placed ting such found it le Admir- ;land, and e he has authority, reference Admiralty so to other ject. far from f the law of in its the legal OWELL. TABLE OF CONTENTS. PAGE Preface vvi • Table of Cases ix Intkoductoiiy Chapteu xv-xxvi PAET I. Thb Admiralty Act, 1891 1-10 The General Rules and Orders, witb Notes of Cases, English and Canadian, on Practice and Side Notes to Eules 11-96 Forms and Taule of Fees 97-173 Orders in Council 174-178 The Colonial Courts of Admiralty Act, 18i;0, (Imp.) 179-192 PART II. The Admiralty Courts Act, 1801, and other Imperial Statutes in force in Canada 193-204 PART III. 1. Admiralty Jurisdiction Generally 205-212 2. Salvage — Including arrangements between Canada and United States for Reciprocal Wrecking Privileges 212-228 3. Damage— Regulations for Preventing Collisions at Sea — Limitation of Liability 228-25S 4. Bottomry and Respoxdkntia . .• 258-2()S 5. Seamen's Wages, and Wages and Disbursements of Masters. 2G8-28.5 fi. OwNERsiiii>— Possession and Restraint 284-287 7. Mortgage 288-292 8. Pilotage 292-293 9. To\va.;e 293-291 10. Necessaries— Building, Equipping and Repairing 295-300 11. Matters Arising Incidentally— CnARTER-PARTiEs— General Average, Freight, Demurrage 300 12 Accounts goi 13. Foreign Shii>s— Notice to Consuls, etc 301-30") 14. Sales by Marsh.u, 305-30('i 15. Ranking of Claims 30(1 307 OTHER i^TATUTES. The Act Respecting the Navigation of Canadian Waters, (Canada), with Regulations for Preventing Collisions, and Cases on same 239-253 Registration of Ships and the Act Respecting the Registra- tion AND Classification of Ships, (Canada) 308-321 Index of Forms and General Index 338-350 11 wmm ABBREVIATIONS. R.S.C The Revised Statutes of Canada, 1880. CCA. A The Colonial Courts of Admiralty Act, 1890. A.CAct The Admiralty Courts Act, 1H91, Canada. A.C.Act, 18(51 The Admiralty Courts Act, 18(il, Imp. M.S.Act The Merchant Shippinj,' Act, 1854, 1889. R. or r Rules of The E.xche(]uer Court of Canada in Ad- miralty, 1893. S.C R Supreme Court Reports, Canada. E.CR Exchequer Court Reports, Canada. CL.T Canadian Law Times. Q.L.R Quebec Law Reports. Stu.V.A.R Stuart's Vice-Admiralty Reports, Lower Canada. P. E. I. R Prince Edward Island Reports. Y.A.D Young's Admiralty Decision?. Nov;i Scotia. L.R.Ad Law Reports, Admiralty and Ecclesiastical, Eng. P.r Probate Divorce and Admiralty Division, Eng. 1891, 1892, or 1893, P. , Probate Divorce and Admiralty Division, Eng. Wms. & B Williams & Bruce's Admiralty Practice, 2nd Ed. 188(5. » CORRIGENDA. Page 57— 7th line from bottom, for " 34,' ;'ead " 3 A- 4." " 304— For " Lavietta." read " Livietta." " 3C7--23rd line, end, for " Committee," read " Council.' TAP.LK OF CASES CITKD. Ad- lada. Eng. ig- ig- Ed. A. Accomac, f>3 Ada, L'lii Ailmiraltv, ca-itMif tlie, •JO) Ailiilph, ;((i3 Afiika, -J-I-i Aid. ,->;( Aiiioaiid Amelia, 217 Allan V. Hcford, 214 AInioti, mn All pert ('rcishv, ;)()() -■i^B Alf.\aiir, 2!t, •2.i.'<, L'.'i:! .iJaB Altiainlii-R, LM.S Aliie Hdlim., ;j()0 Aljis, 42 Anialia, 23(:, 257 American and Syiia. 247 Am|itliill. 2Mi An^rlo [ndian, 240 Anna. 2!C) Annandale, 25 Annif, 214 Annie M. Allen, .SOD Annot Lvle, 23;i Anteliipe, ,S!I Apello, 2sr> Ardandlier, I'li ArKentino, 2.'W, 235, .SO;) Atlialiasoa, 2'J4 Atlu)l, 27 Atty, (Jen, v. Flin*:. :V)7 Anstralia, 284 Avenir, ,55 Avon and Thomas .Iditfe 2:U B. Rahia, 2.U I5artley, »i5 Bayley V. (Jrant, 14 •>7,S Baumwoll M. v.in C T v Beatrice, 70, 2.S4 Bee, 2!»2 Belgenland, 240 Benares, 240, 247 Benjamin Franklin. 20" Et'rgman V. TlieAur,.ra, ■ Bernma, 234, 301 Beryl, 21(! Beta, 244 Bet.sy, 34 Biiinca, 25 Biddick, t;7 Bilboa. 22!) Biola, 39 Furn( 'SI :'10 Bjon: 2C, Hiaek I- -ice, C7 lilake. CS Blenlieiiii, 2,15 Blessin^f, ,.'. :) Hold r)Uc, leuffli. 201 )>i>na;„irte, (12, 2.511, 2i!2, ".OI Bdnita, 284 Howsfield, 24 Bradford v. Yonnp, x\iv I'readalbane, 244 BridL'ewater, .S()2 I'.rji,' Seiieea, 2S5 ISritish Commerce, 2.'i5 I BuckiunNt, 242, 24',t, 25!i I Buttermere, 2!U ! Byfotred ( ,'liristensen, 245 I By well Castle, 247 I °' I C. F. Sartrent, r,3 I q. M. Palmer. 242 ; CaliiMin V. Morrow, 3li(i Calcutta, 24.H (.'amilhis, xviii I Canada, 2;i5 Canailieime, 27() i Cargo r.i- I'ly.sses, 217 ] Cargo (',.■ La'ertes, 21J« CarK')fv<;alam, :{l)0 I Cargo fx Hamlmrg, 3(m I Cargo (J- The Annie M. .Mien, ,i o I Ca.stri(iue v. Imrie, 2!U I Carrier Dove, 222, 224 Carroll I'ark, .'iOO Cassiopeia, lit Catalonia, 2ti Catharine, 20!) Catherine of Dover, 232 Cella, 13, 30, 2'.)'.) Ceto, 24() Challenger, 2!)4 Chapman v.Koy.al Xetlurlands, S, ,S \ Ct.., 2.5(1 Charkieh, (ill, 23G Chartered Hank v. 234 Cha,se, 22!) Cheerful, 210 •'heshire Witch, 27 Christianberg, 15 Chri.stiaiia. 53 City of Berlin, (17 City of Manche.ster, 23.!, 25(1 City of Mecca, 21, 22, "OS City of I'uebla. 2.31, 210 Xetlierlands Co., WHiPVi ■i ,,;. I f>r If ' . X Table of Cases Cited. City of Lincoln, 235 Chira Killimi, -Jilt Clcinfiitint', li4H (n»'o|>atni, 223 Clifton, 217 Clutim, 57 Clydoeh, 217 Colx'quid Mnrinti ln«. Co. ttn Ciiina, 23, 23() Dickinson v. Kitctien, 2S0 Dictator, 14. 18. W) D.irdoffiie, 211, 2 III Dcm Hicardo, 71, S(} Douse, 2!IH Dowthorpe. li), 23. 24, 2!I0, 2!I2 Duke of liiiccleii-li, IH, 77, 242 Dunelni, 241, 243 DneM. (13 Dundee, 23-, Earl of Dumfries, 47 Karl (iray, li> Earl .Spencer, 247 Eastern Belle, (>3 E.'istern S. S. Co. v. Sinitii, 2"iO Elior, 244, 24() Eclipse, 245 Edenniore, 300 Edith Weir, 248 Edmund, (>1 Egyptienne, 285 Elein Dubh, 07 Eleanore, 00 Eliii, 278 Ella A. Clark, 291 Eli?:a Coniisli, (13, -JSJ Elizabt-th and .Tane, 285 Elizabeth .Tenkins, 64 Elton, 22, 00 Emancipation, 259, 202 I Emma, 40, 2!)8 KmpresH, 21.j, 2.33, 2S I ' EnipresH KuKfiiie. 07 ' Enchantress, 14, 313 1 Kiierj^y, 03 KiiKlatid, 285 Enterprise, 00 Miato, 220 Ksseipiibd, 214 [ Ksk and (iitana, 212 Eurojiean, 233 Evan^'elismos. 27 EvantffiiHtria, 280, 2!K) F. Falcon, 285 Fair Haven, 55 Fairlie, 2!)0 Fannv Dutard, 21!t, 1-32 Farewell. 2!i3 Farnlev Hall, 223 Faiichoii, 28!) Feronia, 280, 2!)l, 294 Ferret. 03 Ferro, 22!) Five steel liar^'es, 217 Fire (^ueeii, 241 K. .1. Kiinr, 247, -'is Fleur (le Dis, :<8, 281 Flora, 2!), 300 I'loience, 217 I'lirtune, XV Fradette v. The IJival, 21S Fr.inces and KLza, 05 I'ranconia, 240 Frances Marv, (iM Frankland, :ih, 240 l-'raiij: et Klise. Ci) Frederick, 27!). 292 Freedom, 10, 30, US, 03 Free Sta^e. 240 Fusileer, 21.3, 221 Fried berg, (i7 G. Gaetano and Maria, 20 ) (tulaiii, cargo, c, 300 (Jantri's, 05, 221 (iarland, 301 (iarnett v. Bradley, 03 (iauntlet, )i3 (General .Tackson, 299 (Jeneral Smith, 2'.)9 Georpe v . Keg. , 307 (4eor){e (iordon. 32 Georffian Bay Transportation Co. v. Fisher, 250 Gennania, .53 Gertrude ; TIk' Baron -Vlierdare, 01 Glantiibanta. 1)7 Glasgow, 284 Glasgow Packet, 05 Gle"fruin, 218 '"% Tahle of Cases Cited Xi Clcniffcr, r>a, 220 (ilitamiLT, 280 (!(](liv.a, ■')(! (iclilcii Sea, 2!».') (inlulifliick, 27H, :m (iriiiit V. Till- naiiqiic Franco-E(;ji>- ticiini', 70 (Jrc'iit iMvutciM, 27!) (iiitfHWnld, 22!t (Jn.tf A. liii-iistorff, 2S.">, 2.''(i (iuililfonl V. The AiiKln-KrciR'h S. S (',.., 2S7 fiiuniaracns v. PrtHtoii, HO tiiututr, 2U8 H. ] filly V. fJiHHlnon, 2.S,"> Haiiiliiirt,'-, ciii-Ko, r.r, 2(10 Jliiiiiiltdii V. liiikcr, 27!l Ifaiiiiltoii V. FiastT, xviii Hiimia, ;« II an I wick, 40 Ilawkiiis V. Arorffrin, xxiv, 20S Milvwar.i V. },\iihu; 277 H.atli.r I!|.ll,,, 11,1,1 Kustiictt, 231, "II 2-I(;, 2:)2 llfcla, 2!tt Hcttdr, 2.SI, 310 Hfiiiritli, OM, 300 Hiimidi Hjorn, 0.1, 291, 294, 290 Hi|(-ii H. (Ni(,|,(.r, (JO Hcrculi's, 73 Il Leon, 230 I Leo XIir.,302 ' Leveriii;,'ton, 240, 24" Linda Flor., 278 Lindo V. Rodney, xviii Lislioneime, 240 Little .loe, xvii Livietta, 3 (3, 3(J4 Lloyd V. (Juiliert, 233, 208 Lohne.s V. The Uarcelr.na, 244 Longford, 15, 2(;, 221 , Lome, 240 I Lotus, (;o Love Bird, 244, 240 H. I Mao , 310 M. C. Upper, Thp, 231 Madonna D'Idra, 144, 27 I Magnet, 240 .-li.UIUUJUS» xii Table of Cases Cited. Maid of Kent, 236 Main, 244, 247 Mammoth, 53 Manclii'stcr, City of, 233 Margaret .Tano, 27 Maiyaret Mitctiell. 284 Margaret & Isabella, xvii Marianne, 295 Marion, 2.S(> Marpi'dia. 37, f>4, 300 Manniis of llimtley, (jO, 224 Mary, f.7, 217 Mary Ann, 25(i, 280, 2!)1 Mary Alexandria, 3!) Mary HoiuncU, 240, 242 McHenry v. Lewis, 15 Mecca, City of, 2'"'j Medina, t)5 Mepr Meriliew, 14 Melpomene, 20 Memphis, 41 Mercliant Prince, 233 Milan. 233, Milford, 302 Mills V. Aruistrtoar, 234 Moliere, 24(i, 247 Mona^lian v. Horn, 301 Monark, 302 Monknian, 207 Monkseafoii, 03, 04, 07 Morgan v. Castlegate, 2S1 Moorcock, 234 Morocco, 58, 5'.l Murillo, 3!» N. N. Strong, 244 N. P. Xeilscm, 38 Native Pearl, 25 Naamvth, 43, 218 Xelsoii, 258, 25'J, 21)2 Nest(>r, 13 Neptune, 217, 278, 2!)8 Newbattle, 37. 70, 234 New Draper, 285 NewiKirt, 80 Nicolina, 23 Nina, 302, 305 Niobe. 232 Nor, 240 Norma Manton, 27!) Norma, 240 Nortiicote V. Owners Heinrich Hjorn, 2',(7, 2'.t'.t Norway, 234 Notting Hill, 235 Ocean, 00, 03 Octavie, .302 Oquendo. 300 Orchis, 200 Orient, 14 Oriental, 259 t)rpheu8, 235 Orwell, 57 P. P. Caland, 242 Pacific, 244 Pad wick v. Scott, 37 Palernia, 250 Palinurus, 244 Panama, Ii7 I'anthea, Oti Parana, 233 Parisian, 01 Parliament Beige, 236 Pasithea. 2() Patria, 233 Patroclus, 244 Paul, 73 Peace, 06 People V. Tyler, 212. Peshawur, 15 Petrel, 2!) I'lliebe, 292 Philippine, 08 Philotaxe, 248 Picton, 80 Pieve 8ui)eriore, 291 Piniiey v. Hunt, xxiv I'olvnesian, Cynthia, 245 Poiitida, 10, 202 I'ope V. Nickerson, 298 Pride of Canada, 223 Prince of Saxo Coburg, 25 Princess Alice, (i5 Princess Koval, 14 Prinz Henrick, 218 Providence, 279 Q. (Jueen, 251 ijueen v. Gerirge, 307 (.iuebi'C, 221 R. Raffaeluccia, 55 Ragg V. King, 14, 278 Rajah, 34 Rajah of Cochin, 40, 8(5 Uanger, 05, 24() Rapid, 14 Kappahannck, 70, 284 Rawlinson v. Pagan, 278 Recepta, 47 R. v. \Vheten,277 R. V. Anders.,?!, 212 R. v. Keyn, 21J R. v. 102 Pieces T iml)er, liegina del Mare, 23. 25 Renpor, 219 Rhodda. 247 Riulto, 65, 218 Tahh of Cases Cited. Xlll Ridley v, EKglesfield, 209 Riga, 2!)5, 3(M) Ringdove, 280 Rio Tinto. 2. (»18; The Manjaret and IsnhcUn, Cases, Supreme Court, Newfoundland, 548, tonii). Tanker, C.J. Those eases in which prohihition issued which depended on the rule applieahle to matters arising infra corpus com- itafufi, such as Howard v. Tho Ship CamUlH>i, uhi swp., will, it is submitted, cease to ftovern, since the Colonial Courts of Admiralty Act, 1890, li^ives Colonial Courts of Admiralty the like jurisdiction with tlie Admiralty Division in Eng- land, which has jurisdiction whether the ship may have been within the body of a county or upon the high seas : 3 c^- 4 V. e. Go, s. G. PRIZE OAUSRfl. Without the warrant of the Lords of the Admiralty, no Vice-Admiralty Court would have jurisdiction in prize causes : 1 Asp. N. S. 482 ; and see C. C. A. Act, s. 2, s-s. 3. By the Naval Prize Act, 18G1, s. 4, the High Courf of Admiralty as a Prize Court has power to enforce any order or decree of a Vice- Admiralty Prize Court ; and by s. 9 : — every Vice-Admiralty Prize Court shall enforce within its jurisdiction all orders and decrees of the Judicial Committee in Prize Appeals and of the High Court of Admiralty in Prize Causes. PRACTICE IN HIGH COURT OF JUSTICE. It will be found, upon a careful examination of the general rules and orders annotated in this book, that they, together with the prescribed forms, meet every case and cover almost every point likely to arise in ordinary prac- tice ; and that upon comparison with former rules, and particularly with the rules and practice of the former High Court of Admiralty, and of the Admiralty Division, (for it is allowable to speak of that part of the Probate, Divorce, and Admiralty Division of the High Court of Justice in England as the "Admiralty Division " : Wms. it B. 2nd Ed. 18),— that the cases unprovided for are not at all numerous. But if any case should arise which is not specifically provided for, the practice for the time being in force in ^^^m^-^itm -" --^"- --"— r- XX Iiitrofhtctorij Chapter. respect to Admiralty proceedings, in the High Court of Justice in England, maybe followed: E. 228. itifra. That court in turn falls back, in cases unprovided for by its rules, upon practice existing at the time they came into operation ; which was the practice regulated by the rules of the High Court of Admiralty, 1859 : Wms. & B. Ad. Prac. 2nd Ed. 563. Thus, the Colonial Courts of Admiralty will in some respects follow the practice of the High Court of Admiralty as it was under the rules last mentioned. Doubts arise from time to time in the practice in England as to whether the rules and procedure of the High Court, applicable in other Divisions, are aLso applicable to cases in the Admiralty Division, unless that Division is expressly named, e. gv., rule 376 enables a party, where admissions of fact have been made in plead- ings or otherwise, to apply for judgment on such admissions. The learned authors already quoted, say, p. 416, as to this ; — " The rule is general in terms, but it is submitted that its provisions do not enable judgments on admissions to be obtained in admiralty actions in rem. In those actions it may often happen that though a defendant has intervened to protect his interest, awd is ready to make, and has made, admissions of fact, the rights of third parties in property under arrest would be affected by a judgment on such admissions. It is apprehended that this could not have been the intention of those who framed the rule in question." Such comparison further shows that as to that part of the practice and procedure which is peculiar to Admiralty, — such as service of process on and arrest of the res, — ship, or other property; nautical assessors; reference to the registrar and merchants ; and some other matters, — the rules pro- vide fully and specifically ; and that as to that part which is not peculiar to Admiralty, but common to all the division of the High Court of Justice in England, the rules contain, in certain cases, general provisions, leaving it in the discretion of the judge to order and give directions as occasion arises, as to the procedure to be taken. Instances are seen in ■I Tntroductory Chapter. XXI ■:M: ^1 S Rule 32 relating to parties, and in Rule IG relating to ser- vice of the writ on persons under disability. Rule 16 refers to service of writ of summons in actions in personam on such persons, but under the heading ' Parties,' Rule 32 reposes a discretion in the judge in general terms which, no doubt, will, in accordance with Rule 2"28, be exercised by adopting the practice of the Admiralty Division ; as to which it may be observed that the practice of the former High Court of Admiralty required the tiling of an instrument called a proxy: Coote's Ad'y. 2nd Ed. 114. The present practice of the High Court, England, as to parties under dis- abilities, common to all Divisions, as set forth in rules, is as follows : (a) " Where no appearance has been entered to a writ of summons for a defendant who is an infant or a person of un- sound mind not so found by inquisition; the plaintiff shall, before further proceeding with the action against the defen- dant, apply to the Court or a judge for an order that some proper person be assigned guardian of such defendant, by whom he may appear and defend the action. But no such order shall be made unless it appears on the hearing of such application that the writ of summons was duly served, and that notice of such application was, after the expiration of the time allowed for appearance, and at least six clear days before the day in such notice named for hearing the appli- cation, served upon or left at the dwelling-house of the per- son with whom or under whose care such defendant was at the time of serving such writ of summons, and also (in the case of such defendant being an infant not residing with or under the care of his father or guardian) served upon or left at the dwelling-house of the father or guardian, if any, of such infant, unless the Court or judge at the time of hearing such application shall dispense with such last-mentioned service." Order XHI. R. 1. Where the defendant was a minor resident out of the jurisdiction, and notice of the writ had been served upon her, and upon her guardian nominated by the foreign (a) Wilson's Jud. Acts and Prac, 7th Ed., 179 ; Snow's note to Ord. 10, R. 20. pnm ^liSIMNtJMMUHMBBUla XXll Tiifni'liir/tif// C/idj'trr. Coiut, but no appearance bad bi^eu entered on bar bebalf, and it appeared that ber s'lirdian declined to enter an appearance, the Court, holdinp; that the practice was governed by tlie above rule 1 of Order XIII.. nominated the official solicitor of the Court to bo the defendant's guardian ad litnn : White v. Dnrcrnaii, IBDl, P. 290. " Infants may sue as plaintiffs by their next friends, in the manner heretofore practised in the Chancery Division, and may, in like manner, defend by their guardians appointed for that purpose. Married women may sue and be sued as provided by the Married Women's Property Act, 1882." Ord. XVL R. 16. "Where lunatics and persons of unsound mind not so found by inquisition nriglit respectively before the passing of the principal Act liave sued as plaintiffs or would have been lial)le to be sued as defendants in any action or suit, they may respectively sue as plaintiffs in any action by their committee or next friend according to the practice of the Chancery Division, and may in like manner defend any action ])y their committees or guardians appointed for that purpose." Ihid. R. 17. "An infant shall not enter an appearance except by his guardian ad lifcDi. No order for the appointment of such guardian shall be necessary, but the solicitor applying to enter such appearance shall make and tile an affidavit in the Form No. 8 in Ajjpeudix A., Part It. with, such varia- tions as circumstances may recpiire." Ihid. R. 18. "Every infant served with a petition or notice of motion or summons in a matter, shall appear on the hearing thereof by a guardian ad litem in all cases in which the appointment of a special guardian is not provided for No order for the appointment of such guardian shall be necessary, but the solicitor by whom ho appears shall previously make and file an affidavit as in the last rule mentioned." Ibid. li. 19. " Before the name of any person shall be used in any action as next friend of any infant, or other party, or as relator, such person shall sign a written authority to t 'k I ItUruductonj C}tai)ter. XXlll ?d in tarty, lity to the solicitor for that purpose, and the authority shall be filed in tlic ('entral Oflice, or in the District Registry if the cause or matter is proceeding therein." Ibid. R. 20. " In all causes or matters to which any infant or per- son of unsound mind, whether so found by inquisition or not, or person under any other disability, is a i)arty, any consent as to the mode of taking evidence or as to any other procedure shall, if given with the consent of the Court or a judge by the next friend, guardian, committee, or other person acting on behalf of the person under dis- ability, have the same force and effect as if such party were under no disability and had given such consent. Provided that no such consent by any committee of a lunatic shall be valid as between him and the lunatic unless given with the sanction of the Lord Chancellor or Lords Justices sitting in Lunacy." Ibid. R. 21. The consent or authority of next friend, or new next friend, must accompany the commencement of proceedings in which the plaintiff or applicant is an infant or person of unsound mind. The form of which is : " (Title of action) — I hereby authorize you to use my name aa next friend of the plaintiff" or applicant or petitioner). A B., Signature of next friend." Addressed to solicitor. Snow's An. Pr. 1890-91, p. 354, and see Ord. XIIL R. 1, ante. AFFIDAVIT. The form referred to p. 22, ante. Title of Action. I , of , make oath and say as follows : — A. B.,o{ , ia a tit and proper person to act as guardian ml litem of the above-named infant defendant, and has no interest in the matters in question in this action [or matter] adverse to that of the said infant, and the consent of the said A.B.io act as such guardian ia hereto annexed. Sworn, etc. XXIV Lntrodiictorij Chapter. Annex written consent sif^netl by intended guardian : Wilson Prac. 7tli Ed. pp. 182, 581. The forefiO'Mg practice of the High Court, Eng., haa been ([uoted at some length in view of the provision con- tained in liule 2*28 of the rules annotated in this book ; and also in view of judicial opinion to the effect that, the Admir- alty Court being now merged in a Division of the High Court, it is therefore desirable that, so far as possible, tlie practice in it should be the same as in the other Divisions: iVrButt, J., in The J. II. Ilenkes, 12 P. D. 100 (1887). TRANSFER OF ACTIONS IN THE HIGH COURT. The question has been raised whether by reason of the provisions of the Judicature Acts, England, the Admiralty Division there can exercise a more extensive jurisdiction than that formerly exercised by theHighCourt of Admiralty: Wms. ct B. 2nd Ed. 74, citing Pinney v. Hunt, Ch. D. !)8, and Bradford v. Young, 28 lb. 656. It appears at present to be the practice of that Division not to dismiss cases improperly instituted in it, but to transfer them to the proper Division : The Seaham, 48 L. J. Ad. 29 ; and the other Divisions transfer shipping cases to the Admir- alty Division : Hawkins v. Morgan, 49 L. J. Ad. 618. Such practice being incident to the merging above referred to, of the Admiralty Division in the High Court, could not, it would seem, afford precedent for courts under the Colonial Courts of Admiralty Act, 1890, although it would to some extent indicate the cases in which a protest to the jurisdiction would succeed Oi when it would fail. Advocates and proctors in the Court of Arches were by 3 ife 4 V. c. 6,8. 2, declared entitled to act as advocates and proctors in the High Court of Admiralty ; and the A. C. Act, 1861, provided for proctors acting as agents of solici- tors in that Court. Since the commencement of the Judicature Act, 1873, solicitors, attorneys, and proctors there, are, from the commencement of the Act, to be known only as solicitors of the Supreme Court : a. 87. '% It i| \\ al ol bl ci n1 isl b[ Al '•!'■ Introductory Chapter. XXV 38 ere by and A. C. solici- of the octora to be In C'anada, all persons who are barriaters or advocates in any of the Provinces, may practise as barristers, advo- cates and counsel in the Exchequer Court: 60 & 51 V. 0. 10, — An Act to amend the Supreme und I'^xchequer Courts Act, etc.: b. 12. And all persons who are attorneys, or solicitors of the Superior Courts in any of the Provinces may practise as attorneys, solicitors, and proctors in the Exchequer Court : Ib'iil. 8. IH. And all persons who may practise as barristers, advo- cates, counsel, attorneys, solicitors, or proctors in the Exchequer Court shall be officers of such Court: Ih'nl. 8. 14. " And as an address for service, not more than three miles from the registry is to be given under Rules 7, 28 and 18!1, ivfi'a, there will of necessity be the employment by solicitors residing at other places of agents residing at the place where the registry is established ; in which case the High Court practice will no doubt under Rule 228 be fol- lowed, as to which see Wilson's Jud. Acts and Rules, 7th Ed. 134. The practice of issuing commissions to take bail has in England, been discontinaed, the practice there being since 1883 for bail to be given before a commissioner to admin- ister oaths in the Supreme Court : ^Yras. & B. 287-288 and note. As the Rule 46, Infvo., provides for a bail bond, when not signed before the registrar, being signed " before a commissioner having authority to take acknowledgements or recognizances of bail in the Court," it would appear to be a compliance with the rule to sign the bond before a commissioner under the Supreme and Exchequer Courts Act, R. S. C. c. 135, by which it was provided (s. 91) that, " All persons authorized to administer affidavits to be used in any of the Superior Courts of any Province may admin- ister oaths, affidavits and affirmations in such Province to be used in the Supreme Court or in the Exchequer Court." And by section 106 every commissioner for administering H.A.A. — C mUHM XXVI Introductory Chapter. oaths in the Supreme Court, and in the Exchequer Court of Canada, who resides within Canada, may take and receive acknowledgements or recognizances of bail, and all other recognisances in the Supreme Court and in the Exchequer Court ; " and by the Exchequer Court Act, 1887, 50 & 51 V. c. 16, s. 44, " Every commissioner for admin- istering oaths in the Supreme Court and in the Eyohequer Court of Canada, who resides within Canada may take and receive acknowledgments or recognizances of bail and all other recognizances, in the Exchequer Court." The Rules, however, 46, 48, and forms, provide for the issue of a commission, and where the bail is to be taken at an out- port or place where no comm;s3ioners for taking affidavits reside, that would appear to be the only course open to the practitioner. Questions of practice and procedure in Admiralty cases in the Exchequer Court will no doubt arise upon the Eules, as well as in the unprovided for cases, which will only be settled by the decision of the Judge of that Court, whose decisions when rendered will be binding in the Courts of the local judges. The Exchequer Court as a Court of Admiralty within the meaning of the Colonial Courts of Admiralty Act, 1890, it will be observed, may for the purposes of the jurisdiction in that Act mentioned, exercise all the powers which it possesses for the purpose of its other civil jurisdiction : C. C. A. Act, 1890, s. 2 (1). ■I ■^ % THE CilNADUDMlRmy ACT. 1891/"= An Act to provide for the exercise of Adiiiirftlty Jurisdiction within Canada, in accordance with " The Colonial Courts of Admiralty Act, ls<)0" [b). [A.ssr)it('il to .'Jlst Jul II, ]S!J1.'\ ^HEKEAS by the third section of the Act ofP'<^ the Parli passed in the session held in the fifty-third and fifty-fourth years of Her Majesty's reign, chapter auible. nient iSion of the United Kingdom. twenty intituled ^^A)i Act to / ///(' L (I IV r>3-"l V.J Imp ) 0. ■!', ) (I III OKI Tin resjirch'n;/ flu' crcrci-se of Adiiiirdlfi/ Jiirisdicfioii in Her Majcsti/s Doiiiiiiioiis 7," and ''The Interpretation Act, 1889," of the c'i^!''' ""'"■' United Kingdom ; and whereas the expression "unlimited civil jurisdiction," as defined by the ,(() M-.V. Viucciiia, c. 2!l. In fnicf Oct. 2, 18!»1 ; I'riiol. Caiuvla (iazt.tte Oct. li», 1S!)1, and Stat«. Can., IS'.H', Ixiii. ('/) For tin- Colonial Courts of Admiralty Act (Imp.), fin Appendix. H.A.A.— 1 MMUlil 2 The AflmiraUu Act, sectiona 1-3. p^^.<^ ^^-^^^ herein referred to, which may be cited as ''The Colonial Coiirf.s of Adnumlti/ ylc/, 1H90," means civil jurisdiction imhmited as to the vahie of the subject-matter at issue, or as to the amount that may be chiimed or recovered; and whereas by the second section of the said " Colonial Courts of Admiraltji Act, 1890," it is amongst other things enacted that every court of law in a British posses- sion, which is, for the time being, declared in pursuance of the said Act to be a Court of Admir- alty, or which, if no such declaration is in force in the possession, has therein original unlimited civil jurisdiction, shall be a Court of Admiralty, with the jurisdiction in the said Act mentioned ; and whereas the Exchequer Court of Canada is a court of law which, within Canada, has original unlimited civil jurisdiction as defined by the said Act, and it is desirable, in pursuance of the said Act, to declare the said court to bo a Court of Admiralty : Therefore Her IMajesty, by and with the advice and consent of the Senate and House of Connnous of Canada, enacts as follows : — Short title. Interpi-etn- tiou. 1. This Act may be cited as " The Adviiralfij Act, 1891." 2. In this Act the expression *' the Exchequer Court," or "the court," means the Exchequer Court of Canada. 3. In pursuance of the powers given by " The Exclit'ciuor Court coiisti- of AduairaTty. Colonial Coui'ts of A(l ))i i ralti/ Act, 1890," afore- said, or otherwise in any manner vested in the Parliament of Canada, it is enacted and declared that tlie Excho(]uer Court of Canada i.: and shall be, within Canada, a Colonial Court of Admiralty, and as a Court of Admiralty shall, within Canada, Ciiiuuht, ISOl. The lafove- the •lared shall fralty, Luada, -I pi ^% m have and ext reise all the jurisdiction, powers and authority conferred hy the said Act and hy this Act. Sections 4-6. 4. Such jurisdiction, powers and authority' shall be exercisable and exercised by the Ex- che(|uer Court throu^diout Canada, and the waters thereof, whether tidal or non-tidal, or naturally navi,i;able or artiticially made so, and all persons shall, as well in such parts of Canada ;is have heretofore been beyond the reach of the process of any Vice-Adiuiralty Court, as elsev/here therein, have all ri^i>hts and remedies in all matters (includ- ing cases of contract and tort and proceedings in rem and /// j.cr.-idiKiin), arising out of or connected with nax'igation, shipping, trade or comnu'rce, which may be had or enforced in any Colonial Court of Admiralty under ''The Cohmiiil Co/irf.i of urisiUctiou. A chiurmtn Hii Act, hSUO. 5. The Governor in Council nniy, from time to ,^;i',\'.;;;^]'y III time, constitute any pai't of Canada an Admiralty district for tlie purposes uf this Act, and \\\ the limits thereof, and provide for the establishment at some place therein of a registry of the Excheijuer Court on its admiralty side. 2. The (jovernor in Council may also, from thne to time, change the limits of any admiralty district, create new districts, ami assign to any letiistnes. district [I name a nd pli ice of registry 6- The Governor in Council may, from time to time, appoint any judge of a Superior or County Court, or any barrister of not less than seven years' standing, to be a local judge in Adiniralty of the Exclie(pier Coin-t in and for any Admiralty iic iKliiiii'iiUy. tglgjjlfjiggljiglj0gjgjn '*'*"""""'~ rr-1- iriilM ■ii 4 The Admiraltij Act, Sections 7-10. Jjstrict ; and every such local judge of Admiralty shall hold office during good behaviour, but shall be removable by the Governor General on address of the Senate and House of Commons ; and such judge shall be designated a local judge in Admiralty of the Exchequer Court. Oath of office. 7- Every such local judge in Admiralty shall, previously to his entering on the duties of his office, take, before the judge of the Exchequer Court or a judge of any Superior Court, an oath in the form following, that is to say : — "I, do solemnly and sincerely swear that I will duly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed in me as local judge in Adnn'ralty in and for the Admiralty district of (rrs tlie cane may be). So help me God.'' 8- The Governor in Council may, from time to time appoint for any district a registrar, a marshal and such other officers and clerks as are necessary. 9. Every local judge in Admiralty shall, within the Admiralty district for which he is appointed, have and exercise the jurisdiction, and the powers and authority relating thereto, of the judge of the Exchetpier Court in respect of the Admiralty juris- diction of such court. Deputy juaKcs. IQ. A local judge in Admiralty may, from time to time, with the approval of the Governor in Council, appoint a deputy judge, and such deputy judge shall have and exercise all such jurisdiction, powers and authority as are possessed by the local Officers of court. Powers of locftl judf^es. i;! judge. Canada., 1891. alty ihaU Iress 3iich i-alty ihall, f his 3qiier ith in swear est of s and ilty in (' may 1110 to arshal ssary. within 3iutetl, owers of the juris- m time nor in deputy iction, ■le local m 2. The appointment of a deputy judge shall not sectiong ii-i3 be determined by the occurrence of a vacancy in Tenure of the office of the judge. 8, A local judge in Admiralty may, with the approval of the Governor in Council, at any time revoke the appointment of a deputy judge. 11. The Governor in Council may, from time •*"r"Ra'e time to time, appoint, for any district or portion of a district, a surrogate judge or judges ; and such surrogate judge shall have such jurisdiction, powers and authority, and be paid such fees, as are, from time to time, prescribed by general rules or orders. 2. A surrogate judge shall hold ofhce during J^'""'''°' pleasure ; and his appointment shall not be deter- mined by the occurrence of a vacancy in the office of the local judge of his district. 12. Every deputy and surrogate judge shall, °*""- previously to entering on the duties of office, take, before the judge of the Exchequer Court, or the judge of any Superior Court, an oath similar in form to that to l)e taken by a local judge. 13- Any suit may be instituted in any district ^^^.'l',?;"^//;;,';';. registry when — (a) The ship or property, the siibject of the suit, is at the time of the institution of tlie suit within the district of such registry ; {]>) The owner or owners of the sliip or jjropt'rty, or the owner or owners of the larger numl)er of shares in the ship, or the managing owner or the ship's husband reside at tlie time of the institution of the suit within the district of such registry ; (f) The port or registry of the ship is within the district of such registry; or — tuted. sSMBmimaaammtaammim 6 Sections 14-17. Proviso. Appeal. Eemoval of suit. Fees, &c. rnivisional clislricts nil.] ic'tistrifs. TJ(e Admiralty Act, { 3r.»jhi aattii 8 The Admiralty Act, Sections Province of Ontario, includinfj all such waters as form part 19-21 " I As to judges iif ViceAilriiiral- ty Courts. of saiii Province." {Canwht Gazette, vol. xxv., 'p. llS^y and Statutes Canada, 1S0.2, Ixix.) 19. Every person who, at the coming into force of '^ The Colonial Courts of Adniiralti/ Act, 1890," holds in Ccanada the office of jud<^e of a Vice- Admiralty Court, shall, until his death, resig- nation or removal from such office or from the office by virtue of which he is such judge of a Vice- Admiralty Court, or until an arrangement is made with him under the seventeenth section of the Act last mentioned, have and exercise, within the Admiralty district corresponding to the limits of his former jurisdiction as such judge of a Court of Vice -Admiralty, all the jurisdiction, powers and authority of a local judge in Admiralty. 20. The judge of the Maritime Court of On- tario shall, in like manner and for a like time, have and exercise within the Toronto Admiralty district all the jurisdiction, powers and authority of a local judge in Admiralty. As to officers 21. Evcry pcrsou who, at the coming into force of Vice-Adinir. *'"'• "^ ^ ' " aity courts, of " The Colouial Courts of Admiraltij Act, 1890," is a registrar, marshal or other officer of a Vice- Admiralty Court in Canada, shall, during the pleasure of the Governor in Council, and within the Admiralty district corresponding to the limits of the jurisdiction of such Vice-Admiralty Court, have and exercise the like office in the Exchequer Court in resnect of its Admiralty jurisdiction, and general rule or order, have the As to judge of Mftritimo Cimrt of Outario. subj( any like powers and authority, and perform the like duties, as he might have had or performed, as such registrar, marshal or other officer of a Vice-Admi- ralty Court. Canada, 1891. 9 force lYice- the ithiii iuiits t)urt, |equer , and e the like such duii- '^s^ -'•m. 22. The registrar and marshal of the ^laritiiiie ^^^j","' Court of Ontario shall, during the pleasure of the As to reyistr.ir Governor in Council, be the registrar and marshal, ;i;"^|;;j'ij>'/i*' respectively, of the Toronto Adniiralty district. Court of Out i- lio. 23. On the coming into force of this Act, the (Vf,[;.'t';,'{«ont i- Maritime Court of Ontario sliall be abolished, but ''^ •"■""^'"»'- subject to the following provisions : — (1) All judgments of sucli court shall be exe- cuted and may be appealed from in like manner as if this Act had not been passed, and all appeals from such court pending at the connnencement of this Act shall be heard and determined and the judgment thereon executed as nearly as may be in like manner as if this Act had not been passed : (2) All proceedings pending in such court at the commencement of this Act shall be continued in the district registry ccu'responding to tliat in which they were instituted or are now pending ; (;}) The procedure and practice (including fees and costs) now in force in such court shall, until otherwise provided by general rule or order, be followed, as nearly as may be, in any proceeding now pending in such court or hereafter instituted in the registry of any Admiralty district in the Province of (Jntario : (4) The provisions of the fifth and sixth sub- sections of the fourteenth section oi " TJin Mari- time -Court Act,'' shall apply to any proceeding instituted in the registry of any Admiralty district in the Province of Ontario. 24. Nothing in sections five to twenty-two of'-'^'^t'^-^tio". this Act, both inclusive, shall limit, lessen or im- pair the jurisdiction of the judge of the Exchequer MMUMH 10 The Admiral ii] Act, Sections Court ill I'espect of the Adiiiimlty jurisdiction of the court, or otherwise. KuicB of court. 25- Any rules or orders of court made by the Exchequer Court of Canada for reguhitinj,' the pro- cedure and practice therein, (inchiding fees and costs), in the exercise of the jurisdiction conferred by " The Colonial Courts of Admirnlf/j Act, 1800," and this Act, which re(|uire the approval of Her Majesty in Council, shall be submitted to the Governor in Council for his approval, and, if approved by him, shall be transmitted to Her Majesty in Council for Her approval. 26. 'J-'his Act shall not come into force until Her Majesty's pleasure thereon has been signitied by proclamation in the Canada Gazette, (d) Comiaence- ment of Act ((/) See p. 1, iiot(. >n of the pro- and rred 00," Her the 1, if Her intil itied GENERAL EULES AND OKDEES Rule 1. nKfifLATiNci Tin; PRACTICE AND PROCEDURE IN IDMIHALTY CASES IN THE EXCtlEIJUER COURT OF CANADA. In pursuance of the provisions of " The Colon- ial Co/ni.s of Ad mi rait u Act, 1890" and of ''The .hhnlraltij Act, LSOl," (Canada), it is ordered that the folIo^vlDn■ rules of court for rc^^ulntin- the practice and procedure (including fees and costs) ot the Exchequer Court of Canada in the exercise o Its jurisdiction, powers and authority as a court ot .-admiralty shall be in force in the said court. 1. In the construction of these rules, and ofi"'-i"-eta he forms and tables of fees annexed thereto, the """^ following terms shall (if not inconsistent with the context or subject-matter) have the respective meanings hereinafter assigned to them ; that is to say:— {a) Words importing the singular numl.er in-8in„„aror elude the plural number, and words ^-''' """" importing the plural number include the singular number; {h) Words importing the masculine gender ■^'-ouiine include females ; '"'"-"■• (c) '' District shall mean an Admiralty district °''^^''='- constituted by or by virtue of The •'■"trrm 12 Rulel. Court. Ket-istry. Jutlije. Be^'Utriir. Mai'islial, Action. Counsel. Solicitor. I'laint;ff. Eu'cheqinr Court — Ad mi rait ij. Admiraltij Act, 1 Dcfeiuliiut " shall include the defendant's *'*"" solicitor, if he appears by a solicitor; isfrminnt " Party " shall include the party's solicitor, ''"">■ if he sues or appears by a solicitor ; " Person " or " party " shall include body corporate or politic ; {p) "Ship " shall include every description of '^'"'i vessel used in navi^^ation not propelled l)y oars only ; '• Month " shall mean calendar month (m) ('0 il I'c rr-.in (ir 1 nity. (7) Moutli. Actions. 2. Actions shall be of two kinds, actions /;/;V;'V"~ rem and actions in j'i'i'.sniuiiu 'I'liL! tictinn ( /( vein is a prDCetMliui;' against the slii]t or property, or the proceeds thereof it' in court (i/). Whi.'U- evi'r a inaritiuie lien exists Admiralty ( 'ourts can enfnrce it l)y proceedings ia ;v^///, and, indeed, are tlie unly courts Ctiinpetent to so enforce it (b). It is the usual form of action in Adnnralty in all cases where a maritime lien exists, e.'jr.. salvai;!', dama;j;e arising' nut of collision, wa<"-es, bnt- touny, and respondentia!''): as well as in ci'rtain other cases as to which jurisdictio ) in rem has Ijeen confei'red liy statute without creatinu' a lien, and in which, th(aij;h there is no such lien, th.e plaintitt" l)y virtue of the proeeeilinj^s in Tiin instituted against the ship oi- jiroceeds has a lien or security thereon for his claim ; a distinction drawn in a late case in the Court of Appeal (Kny.) (i & Bnicc's Afliinralty I'mc, 2n(l, ed. 23(3; Roseiie, 101. ('') Tic: llil'j Ars'i'i; 1 Siimiifi- (Am.) 7«, (Story, J.). (0 lV)y(rs Meruliiint .Sliiiiiiiiif; liiiws, 417. [fl] The Vdbi, 13 P. D. S2 C. A. (<•) Ihid. ■f two 14 Exchequer Coini — Adniiralt//. ^^^ ^- Jr.iriners wnytis iiuiy be proceeded for l)y action in rem (f), or by action //( personam against tlie master, or the owners, or botli (//) : but witli certain restrictions and limitations as to amount (A) yoini;- to the (|Uesti(m of costs ; and owners of vessels damaH(im, recover damages unsatisfied by the proceed- ings i II mil ((>). Where a vessel belongs to a company chartered or in- corporated by Act of Parliament, it may be retpiisite to (/) The Miiiliintia lyidrii, I l)(i!l.-<. Ill; Honk v. Mniton, 1 Ld. liayin, 31)8; 24 V. c. 1(», s. lo ; and Abl.ott on .Shipping, i:Uli .'il. (IHltL'), SKI. (,'/) Til, Jnck I'in-k, 4 C. Kob. lUl : Davis v. Uotuli, Marsilfn's l{,-p. L'D ; Ragg V. King, 2 Stra. S5S ; Balcy v. (iiant, 1 Salk. ;W. (h) M. ». Act, H. 18i(; Thu .\ilmiralty Court .\ct, ISCl, h. 10, imat ; The Seamen'.-' Act, 1^73, .s. SO. (i) Till VuUint, I W. Rob. 387. (j) Th, Ho,,,', 3 C. Rob. 2ir) ; The M„j Mcri/icK, 3 llaifg. .'Mfi ; Thf /fd/JiW, 3 Hftifg. 41!) ; .M. S. Act, s. 4.-)S. (k) Tlif cargo , -■ S,i,-i,f,l,ii 3 P. I). 2S ; tlic cargo ,•,: .sV/nV/.j-, 2 P. 1). 145. (/) Pritcliard 3r(l t-d., p. 14S!I, ii. lo2. {Ill) rh,Ji,i,-kcr.i,AC. Rob. 73. (iiii,i) rii,- l-:„,li;nliv^s, 1 llagg. .\d. 3!l."). (») Tlu H„iir, 1 W. Rob. 1..4 ; Hunipliroy v. Kdwards, 4*1 I,. J. Ch. 112. (.,) T>„- Uii,iil, L. K. 3 P. C. tint) ; Tlic Xtjihi/r, 11 L. T. X. S. Wl ; ami sec Tlie Dietntvi; post. •m Bules and Practice. 15 in rem , or the )ns and if costs ; vc their ,ty, viz., liust the m or in in rem the own- ^' of them sors they ship has l)y which Liiimn {hi) • personal in rem or is be;j;un obtained an action )roceed- red or in- nisite to Lil. Kaym, Sl(». K.'l.. 20 ; (1, iiiist ; Thu Th( Riti'i'l, V. D. 145. J. Cli. 112. S. a")! ; ivii'l givL' notice htd'ore institiitin;^ an action a^'ainst thu ve8.si'l,_Kuie8^3-5^ as in such Acts there is sometimes a provision to that effect i^')- 3. xVctions for condemnation of any ship, boat,^,^,V," ions in of cargo, proceeds, slaves, or effects, or for recovery *^"'""' of any pecuniary forfeiture or penalty, shall be instituted in the name of the Crown. 4. All actions shall be entitled in the court, ;^,'^^;x:;.^°'^° and shall be numbered in the order in which they are instituted, and the number ^nven to any action shall be the distinguishing number of the action, and shall be written or printed on all documents in the action as part of the title thereof. Forms of the title of the court and of the title of an action will be found in the appendix hereto, Nos. 1, 2, 8 and 4. Lis alibi, jx'tuh'nx. — Whore it was sliown in an action in persoiKthi for damage aj^ainst owners, that an action //) rem was poiuHng in a Victj-Admiralty Court ahmad, thf court stayed proceedings until after the hearing (jf the cause aliroad {([). As to circum.stances which detenuine wlien .suit may he instituteil in any ])istrict Registry — See Tnc Ail mi mil n Aft, is:) I, s. 18, (Oi/c. WiUT OF Summons. 5. Every action shall be commenced by a writ .wmhi wuil"' of summons which, before being issued, shall hi ""'"""' indorsed with a statemi-nt of the nature (d' thi> claim, and of the relief or remedy re(]uired, ;ind of the amount claimed, if any. Forms of writ of summons and of the indorsements thereon will be (/.) Th,' /...„:if;„;l, II 1". 1). M. {'/) Thr Prshfiintr, 8 V. I ). :\'2. S.-c als., Tin <'h,;sti>,n^h,r;t. In r. 1). 141, V. A., ill wliioli Mtll.iiry v. Lfwi.s, 22 Cli. 1). .I'.tT is iii,i.i-,,v.il mid u|>|ilit'(l. at, &c. 16 Exchequer Court — Admiralty, Rules. found in the appendix hereto, Nos. 5, G, 7, 9 and 10. It i.s noted with regard to tlie corresponding rules governing the practice in Enghind, that no forms of specially indorseil writs in Admiralty actions in rem are given in the appendices (r). Such is also the case as to the present rules, except in certain acticjns such as possession, an amount made up of the amount of the plaintiH''s claim and an addi- tional sum to cover costs is usually indorsed on the writ (.s). In an action tn V('m,\i the statement on the writ differs from that in the affidavit to obtain the arrest of the ship, the court will allow the writ to be amended on application, and the plaintiffs will have to pay the costs of the applica- tion [t). If the amount claimed on the writ proves dui'ing the subsecpient jjroceedings to be too small, the court will enlarge the amount on the application of the plaintiffs, who will have to pay the costs of such application, but it is doubtful if the bail will also be increased (u). The amount indorsed on the writ should be such as ma_y reasonably be expecteil to cover the amount of the claim and the costs of the action (»'). But if the costs are not covered by the amount indorsed on the writ, the court will order execu- tion, or a writ of arrost against property to issue to satisfy the balance if good reason can be shown for this coui'se (((•). A writ in permnum for service within the jui-isdietion is invalidated by the omission of the address of the defend- ant. Where therefore such a writ was addressed to a foreign corpoi'ation without giving its address, it was held that having regard to Ord. II. r, 3 (Eng.), the omission was material, and that the writ was invalid, and must be set aside (,r). ()) Wilis * 15. 2iul ed., 23!»«. (s) 11,1,1. -JS,-). (/) Tin Priwrsf ]i<,;/,il, L. R. .'i Ad. 27 ; :«» L. J. Acl. 29. (") Tlir Jnkonmf, L. R. 3 Ail. 127 ; 3!) L. .J. Ad. 41. {,■) Th, Knrl Urey, 1 Spk. 180. (('■) I'lir TimkcouUt, 2 fSpk. 2().S ; The Fnalom, 25 L. T. N. S. 392; L. R. 3 Ad. 4'.tr). (.<•) The W. A. Sholten, 13 V. 1). 8. Bides and Practice. 17 S. 392; (3. In an action for seaman's or master's wages, ^^^^ ^'^- or for master's wages and disbursements, or for indorseinent niav iiicliule necessaries, or for bottomry, or in any mortgage ;;',;"jj;^^[°jj]a^-e action, or in any action in which the plaintiff '"'"■""■ desires an account, the indorsement on the writ of sunnnons may inchide a chiim to have an account taken. 7. The writ of summons shall be indorsed with -^'^'i^'-^^ fo^- M'lvice to be the name and address of the plaintiff, and with an ''"''"'■'^''■ address to be called an address for service, not more than three miles from tlie registry, at wliich it shall be sufiicient to leave all documents required to be served upon him. Tlie writ sliould sot out tlie names of the plaintiffs, or if tliey are co-partners the name of tlieir tirni, or if they are the owners of a sliip or other pnjperty. and are pro- ceeding as such owners, it is sufficient so to describe them. (Wms. iz B. Ad. Prac. 2nd ed., 23.S.) 8. The writ of summons shall be prepared andf^',';;;';^™'j^'/ indorsed by the plaintiff, and shall be issued under'"*'' the seal of the court, and a copy of the writ and of all the indorsements thereon, signed by the plain- tiff, shall be left in the registry at the time of sealing the writ. IJ. The judge may allow the plaintiff to amend 'y""'!'i">f" the writ of summons and the indorsements thereon""'" in such manner and on such terms us to the judge shall seem tit. In an action in rem fur .salvage servicL's rendered to a ship, her cargo, and freight, the phiintitfs indorsed the writ witli a chiim for £5,000, and the owners of the shij), cargo and frei«,dit gave an undertakin^r through their solicitor to put in bail for that amount. The statement of claim delivered, concluded with a claim in the usual form for "such an amount of salvage as to the court may seem just." II.\,A.— 2 It I r-eiii>.-ut3. ffi L ',WW,(lnfciW lli Rule 10. 18 Exclicqucv Court — Adiitii'/ilf//. At the huarino' (jf the action tlie court niinle an awarrl of £7,500. Thereupon the i^laintitis, hefore the decree was l) Tin Dictator, 18112, P. ()4. (.•) Tlu Duke of liucchwjh, lS',t2, V. 201, C. A. liiiles (I lid Prariirc. 19 [(1) upon proceeds in court, by showinr^ the Rules u-ib. writ to the rc'i'istrar and by h'avinpfi-imn proceeds ^ _ ' ill court. with him a coi)y thereof. Service of a wi-it ol" sniiuuoiis in rem, eft'eotctl in tlie niaiuier lu'i'scrilu'd is eijuiviilent to a notice to the ownei'S of tlie siiliject-niattfi' of tlie service and to all who may be interested in it ("). An amended writ nnist be served in tin' same way as if it had l)een an (irii;inal writ ('o. 11. If access cannot i)c obtained to the property "n'-posscan- on which it is to be served, the writ may be served '"""-"''• by showing it to any person appearing to l)e in charge (d" sucli propi-rty, and by leaving with him a copy of the writ. 12. In an action /// />ersiiii(iiii, the writ of »nni-,^;'!T'*;'^;^" mons shall be served by showing it to the defend-^'"™'"""' unt, and by leaving with him a copy of the writ. 18. A writ of sunnnons against a tirm ma\' be L-imn nioi.ii.er ci- iiii'.uafjci- ot served upon any member of the hrm, or upon any""""- person appearing at the time of service to have the management of the business of the tirm. 14. A writ of summons against a corporation »'i.o„ncni'. ^ lionitii'ii or, may be served upon the mayor, or other head'^'-'- . officer, or ui)on the town clerk, clerk, treasurer or r,..m iuiiy..r secretary of the corporation, and a writ of summons"'" *■ against a public eompany may be served upon the secretary of the company, or may be left at the office of the company. 15. A writ of sunnnons against a corporation or in other or a piddic company may be served in any other mode provided by law for service of any other w I'it or legal process upon such corporation or com[)a ny. {«) The /)n,r,'/i,„-p, •> W. UmIi. SU. (6) The Cusniopcin, 4, I'. D. ISS, C. A, ^^.^■«.. .lJ.>.--f . ^ 20 Exchequer Court — A'bninilf/j. Rules 16-20. 10. If the person to be served is under dis- if,u..s„Mt.. ho ability, or if for any cause personal service cannot, duui.imy, or, Qi' eannot promptly, be etiected, or if ni any action, wbether /// fcin or /;/ personam^ there is any doubt or dillictilty as to the person to be served, or as to the mode of service, the judge may order upon whom, or in what manner service is to be made, or may order notice to be given in lieu of service. ZvtTuV"' i'J'- 'i'lit,' ^vrit of summons, whether /;/ rem or iiliiiiititV or his ■ i iii.li* L'iV 1 • im.nt withiu /// jicrsoiKiin, may be served by the plaintiii or ins agent within ticih-e months from the date thereof, and shall, after service, be filed with an alUdavit of such service. Amanvit of survice. I'lKlprtakiiiR in Hull 01 ser- vice. Servii'p out of juribdictiuii. 18. The affidavit shall state the date and mode of service and shall be signed by the person who served the writ. A form of affidavit of service will be found in the appendix hereto, No. 11. 19. No service oi a writ (jr warrant shall be recpiired when the defendant by his solicitor under- takes in writing to accept service thereof and enter an appearance thereto, or to i)ut in bail, cr to pay money into court in lieu of bail ; and any solicitor not entering an appearance or putting in bail or paying money into court in lieu of bail in pursuance of his written undertaking so to do, shall be liable to attachment. Seiivice Out of Jurisdiction. '20. Service out of the jurisdiction of a writ of summons, or notice of a writ of summons, may be allowed by the judge whenever: — {(i) Any relief is sought against any person domiciled or ordinarily resident within the territorial jurisdiction of the court ; Biiles and Practice. 21 Rule 21. 11 be uder- enter o ir.iy icitor liiil or snaiice liable writ of may be person within court ; -J {})) The action is foinided on any breacli or alleged breach within the territorial jurisdiction of the court of any contract wherever made, which according to the terms thereof ought to be performed within such jurisdiction; {c) Any injunction is sought as to anything to be done within the territorial jurisdic- tion of the court. ('/) Any person out of the jurisdiction is a necessary or proper party to an action properly brought against some other person duly served within such terri- torial jurisdiction. 21. Everv a)n)lication for leave to serve a writ i^i'ijiioation ^ i I fur leave to of summons, or notice of a writ of sunnnons, on a Jur-'sjic't'o^j. defendant out of the jurisdiction shall be supported by atlidavit, or other evidence, stating that in the belief of the deponent the plaintiff has a good cause of actiou, and showing in what place or country such defendant is or probably may be found, and whether such defendant is a British subject or not, and the grounds upon which the application is made ; and no such leave shall be granted unless it shall be made suthciently to appear to the judge that the case is a proper one for service out of the jurisdiction. A writ of suiiiinons will not Ik? iilloweil to be stn'vetl out of till' jurisdiction unless the cause of JictiDU lias arisen within the territorial jurisdiction (c). It was held, under the Enylisli rule, as to service out of the jurisdiction in an action in p. ":. -ifa-3«-tB'g-.jgTirT-».^aSit.'!'i'^i^?g •1"1iTI 22 Excheq tier Con rt — Admiralty, Rules 22-25. car<;(), the plaintiff's, the owners, master and crew of the •salvinif ves.st'l havin<^ served the writ upon tlie owners of the salved ship, resident within the jurisdiction, leave niiyht be obtained to serve the cargo owners, out of the jurisdiction witli notice of the writ ((/). •22. Any order ^'iviiig leave to effect such ser- vice, or give such notice, shall limit a time after such service or notice within which such defendant is to enter an appearance, such time to depend on the place or country, where or within which, the writ is to be served or the notice jjiven. Order to limit tiiiit' for ap'iearaiice. Defeiidiiut iieitlior a lirit isli siiliject nor, iVc. Notice ill lieu of Kervice. AiiiK'aniiiec to be Ulua. Appearance uiuier iirutest. 28. When the defendant is neither a British subject nor in British dominions, notice of the writ, and not the writ itself, is to be served upon him. A form of notice will be found in the appen- dix liereto, No. H. 24. Notice in lieu of service shall be given in the manner in which writs of sumuions are served. AlTEAltANCE. 2o. A party appearing to a writ of summons shall file an appearance at the place directed in the writ. It" the defendant considers that the court has no jurisdiction over the subject-matter of the action, the English practice is that he may appear under protest, accord- ing to A. C. R., 1(S,59, r. 8: "If the solicitor intends to object to the jurisdiction of tlie court the appearance may be entered tuider iirotest.' The memoraiulum of appear- ance should in that case bear the words "under protest " on it (r). As a general rule not merely the legal owner, but any peison having any title to the property proceedeil against, might appearand defend /*/v< niit'i'i'^m- sno. But if several (, untf. (a) Tlu Snnit', L. R. 3 Ad. ',12; 41 L. .1. Ail. 42. «■ liiiles and I' met ice. 25 ucc'd The L-alty may davit Of in it the t; of a )f the tion of The court will not aikl parties so as to turn iiii action Rules 31-33. in rem into an action //( jn'i'sounhi (/). As to practice where infants and otliers under disabili- ties are interested, viih ante. HI. For the purposes of the hist precediii.i,' I'li^e ^y^j-i^-jr^j'^'tej. an underwriter or insurer slmll l)e deemed to be a '°" ""''■'''""'■ person interested in the action. It has }»t'en held that underwriters Mii;^dit intervene under the English rule cited in preceding note (a). 82. The jud^'e may order upon what terms sniy ■;;;;;;,',',' j";j;.^»,^ person shall come in, and what notices and (locu-apur'ty.'''''^'' inents, if any, shall he f^iven to and served upon him, and may ^'ive such further diivctions in the matter as to him shall seem lit. In an action for damage l>v collision lirouiilit 1)V a vessel at anchor against a vessel in tow of a tug, the own- ers of the tug were made tliird parties, as the defendants claimed to he indenniilied hv thein a4-.'. 26 ]'J.rcJit'(/iirr Court — Ad mi ra If//. Ruiei 34, 3B. ,,,.,y ]^^3 consolidated by order of the judge upon such terms jis to him shall seem tit. To atfonl ^^round for consolidation, the actions must depend on the same facts, though, as regards salvage actions, the c]aintitrs or defendants (ft). Upon consoliiliition it is usual to give the conduct to the plaintiti" in the tirstacticai witli leave to the other plaintitl's to deliver separate statements of claim (h). The court will refuse to consolidate cross actions of damage in persoixiut, where there has been no seivice oi the writ in the principal action {(■). In a case where two actions were instituted on behalf of i)laintitls, having ailverse interests against the same vissel, to rec(jver salvanf reward in respect of services ren- dered on the same occasion, the ctnirt, on the itlaintilt's refusing' to consent to a consolidation order, allowed the defeuilants to make a single tender in respect of the claims in lK)th actions (. (:| Tli> Williiuit H'itt, iintc : iiml Wins. & B. 3s'.(. ('() Thv M,ln""icmr, L. R. 4 Ad. I'J'.t ; 2'.> L. T. X. S. 40.'). (Ii) The Cn.'uii ^iiolUc.K, SI V. D. 3.-)« ; n>- lijnrn, ih. ■Mn. (() The H(jhn>h7. (Ueen's ships are no t liable to arrest. \V1 en s ucl I a stHti' iiiitiire of claim, At'. Alsci ill nctioii for wiigiK, or, Ac. vessel is to he proceeded a^niinst tlie ])ractif'i' in Kn;;land is for the registrar or the i)laintifl"s solicito!' to inform the Lords of tilt' Adiiiii'alty of the fact, and the Admiralty Proctor there entfrs an appearance (//). 8(). The allidavit shall state the nature of the •V'l'''i^".'o claim, and that th(i aid of tlie court is re(|uired. 37. The allidavit shall also state: — {(i) In an action for wa^es, or possession, the national character of the ship, and if the ship is foreion, that notice of the action has ijeen served upon a consular olHcer of the State to which the ship belongs, if thei'e is one resident in the district within wliith the sjiip is at the time of the institution of the suit ; and a copy of the notice shall lie annexed to the allidavit ; This provisit)n corresponds with the Enj^lish Athiiiralty Rule.— Old. V. r. 1(5 {/,). "asitlmt, (>) Wilis. & 15. 211(1 f(l. 2U. if) The Volant, Br. & L. :«! ; TUt CIkkIi,,; Wil.-h, J',. 3i;-.' ; Tin Enni- iiilifindK, Sw. 37S ; Th< Mor;i(iirt Jaiu, L. R. 2 Ail. :«.">. (.-iO. im) Th< Willi m [II., A L. K. Ad. -187 ; •.'.•) T.. T. N. !"■<. ; A. & K. ,Sti3. (o) The Fl';-'i, L. K. 1 A-l. 45. 0') The Hotel if, L. H. •_» Ad. 3ii3 ; ML. J. Ad. .% T\ Servicu on Sunday, or, Ac Warrant to be filed by niiir- sUal, Willi, Arc. Certificate of servicu. 80 Exchequer Court — Admiraltij. Rulea 42-4B. \vhicli it is issued, it is a coiitt-inpt of court to move tlio ship from the place where it is lyinu (7). 42. The warrant may be served on Sunday, Good Friday or Christmas Day, or any pubhc hoh- day, as well as on any other day. 48. The warrant shall be filed by the marshal within one ireeh after service thereof has been completed, with a certificate of service indorsed thereon. 44. The certificate shall state by whom the warrant has been served, and the date and mode of service, and shall be si^aied by the marshal. A form of certificate of service will be found in the appendix hereto, No. 10. The lieu of the phiiutifi' in an action ii\ rem takes ett'ect from the moment of arrest of the ship (/•). Bail. 45. Whenever bail is required by these rules, it shall be ^nven by filinf,' one or more bailbonds, each of which shall be signed by two sureties, unless the judge shall, on special cause shown, order that one surety shall suffice. As a general rule hail is recpiired to the amount of tlie claim (><), anil a sum to cover costs (/). If the amcmnt of the costs, V ith or without damages, exceeds the sum for which hail has been tjiven, the court will order the re- arrest of the ship for the satisfaction of such costs (u). In actions of restraint the hond is for the safe return of the shii) ('•). (,,) Till Sn-.tUjI!., I,. U. 1(1 r. I), 120. (;•) n,' iVIi,,. VM'. 1). SL>. (k) Thr St. Ol'if, L. 1{. •> \i\. Hlid; -M L. .), .\il. 41. (t) \\\m. Hi 15. L'nd .m1.. L'S.\ (11) 77(.' Frinlnm. h. K. ;< Ad. vr, ; 41 L. .f. Ad. 1. ((•) Host A<1. IV ."ill; S.f uoti- U< rule iV.', iti/rii. Hail, how to be giveu, % Hides (iinl Practice. 31 110 Vessels may be released in actions of dania^je, Mhen Ruias 46-Bl. hail is ^iven to the amount of the statutory liahility upon an atHdavit as to toiniajije and non-privity of owners (»'•). 46. Every ])iiilboud shall be si^nied before the |il«i||,;™^^ t5;J^>e registrar, or by his direction l)et()re a clerk in thelvif.'"'™'''"' registry, or before a coimnissioner having iiuthority to take acknowledgments or recognizances of bail in the court, or before a connnissioner a})pointed by the court, to take bail. Forms of bailbond and connnission to take bail will be found in the appen- dix hereto, Nos. 17 and 18. 47. The sureties shall justify by ai!idavit and f^J";^,';^:'^ '" may attend to sign a bond either separately or together. A form of affidavit of justification will be found in the appendix hereto, No. 11). 48. The connnission to take l)ail and the affi-^^'i;^!'|';,;^,'^'°"'° davits of justification shall, witli the bailbond, when executed, be returned to the registry by the connnissioner. 49. No commissioner shall be entitled to takeN"tioi,otakeii , ., . . . I'll Ijv Fulipitor. bail m any action m which he, or any person ni°''^'^''- partnership with him, is acting as solicitor or agent. 50. Before tiling a bailbond, notice of bail shall ^""""''''"■e'l " . ' I'll iKhcrse be served upon the adverse party, and a certilicaU''""- of such service shall be indorsed on the bond by the party filing it. A form of notice of bail will be found in the appendix hereto, No. 20. 51. If the adverse party is not satisfied with theoi'ieptionto sufficiency of any surety, he may file a notice of objection to such surety. A form of notice cf objection to bail, will be found in the appendix hereto No. 21. ('(') (Stt Statute ill Aiipeiulix an to liinitutiun uf liul)ilit.v.) ?i: 32 Exchequer Court — Admiralt//. Appointment to consider objection. allow bond. Rulea 62, 83. Gi'ouiulless objections to bail expose the party taking them to (lama(,'es and costs (.r). 52. Upon such objection being filed with the registmr an appointment may be obtained for its consideration before him. Twenty-four hours' notice of such appointment shall be given to the plaintiff unless the judge for special reasons allows a shorter notice to be given ; and, on the return of the appointment, the registrar may hear the parties and any evidence they may adduce regarding the sutHcieney of the sureties ; and he may direct such sureties to submit themselves to cross-examination HeBistrar may on their affidavits of iustification ; and he may allow or dif- " •' allow or disallow the bond. He may adjourn the appointment from time to time if he thinks neces- sary, and shall himself make such iiKjuiries respect- ing the sureties as he thinks fit. E.rorblfant sum. — A sliip was arrestoil, and bail re- ((uired for an e.Korl)itant sum : it was held tliat the phiin- tirt's must pay the costs and expenses incurred by the defendants in giving this bail (>/). Restraint. — In an action of restraint the bail bond should not be to pay what may be adjudged against the defendant in an action, but simply for the appraised or agreeil value of the plaintitr's shares, in case the ship does not return to the particular port named in the bond (z). When an action is settled l)y agreement, or where a tender has been accepted, application may be made in chamViers to dismiss the bail (((). Releases. Kelense for liriipertv arvtBted. 53. A release for property arrested by warrant may be issued by order of the judge. (,r) Wni.'*. & K. 2nd ed., 201. (y) The Uioiye Gonlou, !t, P. D. 40. (:) The Ro'xrt Dickinson, 10 P. D. 15; aud sje The Vivienne, 12 P. D. 185. {(,) WniB. *, B. 287. Buh's (Did Practice. 33 mt 185. from nii'iit jurt; 54. A release may also be issued by the regis- ^" ^°^ "■ °°- trar, unless there is a caveat outstanding 'V^'^hist when u m^^^ the release of the property, — [a) On payment into court of the amount "."ti'^J"' claimed, or of the appraised value of the property arrested, or, where cargo is arrested for freight only, of the amount of the freight verified by aflidavit ; ih) On one or more bailbonds being tiled f or I^'li'/Z^'lij^^j'.'' the amount claimed, or for the appraised value of the property arrested, and on the allowance of the same if objected to; or if not objected to on proof that twenty- four hours'' notice of the names and addresses of the sureties has been pre- viously served on the party at whose instance the property has Ijeen arrested; (r) On the ai)))lication of the i)arty at whose "" "■I'l''"' instance the property has been arrested; (f/) On a consent in writing being filed signed writ"u« by the party at whose instance the prop- erty has been arrested ; (c) On discontinuance or dismissal of the action "ll '!'"'"'!^i"" in which the property has Ijci'ii arrested. 55. Where property has been arrested for salv- i''ui't'ity i i^ -' airi'Mti'd for age, the release shall not be issued under the fore- ^'^''■*^'"' going rule, except on discontinuance or dismissal of the action, until the value of the property arrested has been agreed upon between the parties or determined by the judge. By the pmctice in Adiiiinilty in Enn-Iiui C. Rob. 296 ; The Hnnna, 37 L. T. N. S. MM. (e) As to liability for delayiiig relea.se see The Corner, 15r. & L 101 ; 12 L. T. N. .S. 02 ; and Rule 185, in/ra. ((/) Wms. ft K. 2iid ed.. 300. (e) Smith's Ad. Trac, 4th ed. (18!tl'), 140. ! ! liiilcs (Old Pratt ICC. 35 Rule 60. \MSX- into their Time. Place. Wiud. Weather. (2) The time of the coUision ; (8) The pliicc of the colHsion ; (4) The direction and force of the wind ; (5) Th'' state of the weather ; ((;) The state and force of the tide, or, if theTi^^- colhsion occured in non-tidal waters, of the current ; (7) Tlie course and speed of the ship when ^^^^j^^ and the other was hrst seen ; (S) The hghts, if any, carried by her ; ^'"^'«' (!)) The distance and bearin*'" of the other ship P'«"i"ce and when iirst seen ; (10) The livhLs, if any, of the other ship which J;'ct"""' were lirst seen ; (11) The lit^'lits, if any, of the other ship, other otueriiguts. than those lirst seen, which came into view before the collision ; (12) The measures which were taken, and when. Measures ^ ^ , ' ' taken. to avoid the collision ; (18) The parts of each ship which first came I'arts first coi- ^ ' , ^ . . ^ liiiod with. into collision ; (M) What fault or default, if any, is attributed f '""""• ' default. to the other ship. The object ot' the Preliniinaiy Act i.s to have the lead- ing circum.stauce.s of the c! Lnhclin when first seen was lit anchoi-. Upon application of plaintiH's it was ordered ipp (/) The Vurtii/trn, Swa. 'ilS ; The Franklimd, L. K. 3 Ad. Oil ; 41 L. J. Ad. ;«. I 30 Excltcquer Court — .{(hnitaltij. Rules 61-63. to be amt'iideil, wliidi was ilone liy the iuMitioii of the wonls : "ilistimt alxiut two miles nearly ahead, Ijut on the p in a (/.I The Chitlui, 4-. L. J. All. Ills ; .T. L. T. N. s. :{>;. (/) WuIiHh-ix v. Vdiiiin:, I.-) L. .1. C. P. I). 7>:i. {ii,) radwiek v. Scott, L. K. U' Cli. I). 7:{li. (ii) n, yivbotih. 10 1'. 1). ;« c. A. (..) nr M,ni„i„;>, \.. K. 4 V. C. '^12; 2ii L. T. X. S. ;t;«. t,f) Till /.■, « P. 1). L'-.T. If 38 Exchequer Coiirf — Adntirdlfi/. RuleB 63-67. ilaiimLfcd comlitiDii, the statonient of claiin iilIcLft'd that the ihiiiiaij;(.' was not occa-ioiio(l hy any of tlio i-'xcuptcd perila nientiont'd in the hill of ladint,' under which the cai'^^o liiul Iiccn shipped, hut was occasioned hy tlie tlefective condition of the vesst'l or hy the ney;lii,fcnce or l)reach of duty of the defendants or their servants, it was held that the defend- ants were entitled to particulars of the defects rendering the vessel not fit to carry the cargo (7). A demand for particulars may he allowed whc^re par- ticulars are sought of damage U) cargo for the jiurpose of ai Imittin'f some liahilitv, and of daniane t o a sliip w hich has heeii totally lost at sea {^r). Whei'c a suit is hroU'dit for master's waL'i'S and d 18- As to RPttint; out wonia of hursemi'iits the plaintitr is hound to furnish accounts before bringing such an action (s). (j'j. It shall iKtt be lU'ct'ssary to st't out in any liocuuR-ut."" pleading the words of any docuinont referred to therein, except so far as the precise words of the document are material. Qiiestinii'iof (1(1. iMlher party may ajiply to the judge to 'iinnyhe docide fortliwilli anv (luestion of tact or of law raised by any pleading, and the judge shall there- upon make such order as to him shall seem lit. Aiiipn.inu.iit of ()7. Auv i)leading mav at anv time be amended, either hy consent of the parties, or hy order of the fact or 1r (leeiiicd fort! with. U( 1; J A fui'ther auil better statement of the nature of the claim or defence, oi- further and better pai-ticulars of any hiattei's stated in any jileading. may in all ca.ses be ordered by the court or Judge upon such tei'ius as to costs as may beju.st (/). (7) Till Itio-ji,: V. I). IT, C. .V. ( r) Tin W, It, rli'irv, .S4 L. T. X. S. .•.■*: ; -.'4 W. It . .{LM ; T!u X. /'. .V. ihoti, 34 L. T. N. S. .-.ss ; •J4 W. H. ai.M. lint s.h Tin /V.. -/..„,, L. K. L' .\(!. MV,. {») TUf ri,iu-\ i/r., when' delendant aj)j)eaied and stated that he was improperly sued as oni- of the owners of the sliip ( '•), In collision actions, intei"i'o;,fatories ought not to seek information which should he disclosed hy the Preliminary Act. (.'•). Interro;;;at,)ries ouy'lit to be such as tend Ihnid /nlc to support the case of the interro:^ator and to favour a com- [ilete inquiry into the trutli of the issue which is l)efore the court (,»). hi an action of daiiia;j;e ari-iiiL;; out of a collision in which the plaintiti's -.•essel was lost, with all of the crew who could ^ive evidence as to the collision, the plaintiffs were allowed to administer int'MToL'atories to tlie owners of defendant's vessel as to the circumstances of the collision (//). See notes to Rule NS, i rifi'd. ill) The Antclof,,, A L. H. Al. If:! ; Th' i',,Uh. n; L. T. \. S. \r,r,. I 'I The .Uiirriln. I's L. T. N. S. ;i7l. ill-) 'rhi- /;/./,(, ;U L. T. N. S. is:, ; I'l W. II. :,2\ ; v.'/ '■.'^•, /"/i. lU4a.,r- t''ii>, ."). 1'. I). 172. (i) riir Mnrii Ah-xt' kiiihihU'iI or Htruck out. DiBcovcry ou oatli, liow obtaiuuii. Affidavit of discovery. Notico to |)ro- duce for in- 8)iectiim or Irauacriiitioa. Order to pro- duce, how obtained. Kxchcqitt r C'(jii li — A (hn iralfi/. ()*J. The jiul«,'(' u] ay order any intorro^Mtory tliiit lie considers objectionable to be amended or struck .out ; and it the party interro<^'ated omits to answer or answers insuthciently, the jnd^^e may order him to answer, or to answer further, and I'itlu'r by allidavit or by oral examination. Forms of inter- ro^'atories and of answers will l)e found in the appendix hereto, Xos. 24 and '2o. ])lSCOVEUY AND InsPECTKJN. 70. The jud^'e may order any party to an action to make discovery, on oath, of all documents which are in his possession or power relatin;^ to any matter in question therein. 71. The afiidavit of discovery shall specify which, if any, of the documents therein mentioned the party objects to prt)duce. A form of allidavit of discovery will be found in the appendix hereto, Xo. "20. 72. Any party to an action may file a notice to any other party to produce, for inspection or tran- scription, any document in his possession or power relatin;^' to any matter in question in the action. A form of notice to produce will be found in the appendix hereto. No. 27. 73. If the party served with notice to produce omits or refuses to do so within the time specified in the notice, the adverse party may apply to the jiid^'e for an order to produce. In the CISC of a foK'i<;n owiitn- ui a ship tlit* time is to lie a reasonable time according to distance and otlier cir- cumstances ( :). If a party makes application for an order without first complyinif witli rule 72, or reijuesting the opposite party (:) Tlic Emiii'i, 31 L. T. N. .S. 742. liulr.'i (UiiJ I'ldcficc. 41 to ^avu him iiispcction, lie is liiiMe in Ijc cdihIoihiilmI in tlii' Rule« 74-77. costs ol' tln' iiiotiini (*'). Am utHdiivit in suiiport of such an iipiiliciition should state as distinctly as jiossible «'l' what docuuiciits iiisiR'Ction is souj^ht {I'). Admission of DotiMKNTs and Facts. 74. Anv ])arty iiiiiv iile a notice to any other >«'""<;« «o«'iv • It!. . nut ilocmiieiit party to admit any ilocnnient or fact (saving' all',;'!,!,'.""""* *"* just exceptions), and a party not admitting' it after such notice shall be liable for the costs of provinj,' the document or fact, whatever the result of the action may be, unless the taxing' ollicer is of opinion that there was sufficient reason for not admittinj.,' it. Forms of notice to admit will be found in the appendix hereto, Xos. 28 and '20. To. No costs of i)roving any document shall be Nooosts unless ". 1,11 li'itiro 1)U allowed, unless notice to admit shall have beeiiK'^'^^" previously given, or the taxing ollicer shall be of opinion that the omission to give such notice was reasonable and proper. Special Case. 70. Parties may agree to state the ([Ucstions at f.'y^ay^le^ient issue for the opinion of the judge in the form of a special case. 77. If it api)ears to the judge that there is inQ'iestionof 11 J r^ ]nK limy bo any action a question of law wiiich it would be sJ^reia/caBe. convenient to have decided in the first instance, he may direct that it shall be raised in a special case or in such other manner as he may deem expedient. A (|Ut'stion of law was tri'-d without pleadings or- admissions, and without a special v^ase, upon the documents {.() Th, .H,mi>hi.i, L. K. 3 A W. K. 74. (t) The Cunlili,!, '.'s L. T. X. S. "*'<■ V i 42 Exchequer Court — Admiralty . FaraKrsiibs Rttle» 78-83. j,^ n,n action on a policy of insurance on cliartereii HhiiU statu. .SO. A party desirin^j to oi)tain an order from the jud<.,'e shall tile a notice of motion with the allidavits, if any, on which he intends to rely. The practice in the Aliio Bliiill be I'.Uil. In the Admiralty Division of the lli;;h ("mnt (Kn;;.). no motion is made to the j>ul;^e in court .save iiy counsel, or by !i party in jierson kA/). 82. I']xcc[)t by consent of tho udvcrst' party, or by order of the jud^e, the notice of motion shall be filed tu't'ittii-foiir hours at least before the time at whicli the motion is made. (<•( 7'/(. .1//^.., ls!i;t, I', loii. (./) WiiiH \ n., 'Jiul <■<).. 503 ; Smiiir.^ .V.l. Vrw.. Ith ..I., V.VX Uhli Wilis, it It., L'ml .•.!., r,:i. T"' Hull's and Practice. 43 S8. When the motion conies on for he!irin<,', Rmea «*■ so. the iiulk'e, after hearintc the i)arties, or, in the order nmy be ■' ^ *■ iimdu ). (.•) n. .A./i». Lush. 11. l.'f. (/) n<- Willodii S./„n,i:il.,.i, 10 I'. I). 1. (.'/) '/■/„' llhkiiMH, L. K. .s .V. .V E. i:.. (A) n.' x,i.ii,iii//,, 10 1'. 1). It. [hi'n WiiiH. \ II. io,">. 44 Bules 86-8& FiliuR of notice by ad- vorRe party, acceptinn or rejectiug. Proceedings suspeuded. Modes of Riv- ing uvideuce. Exchequer Court — AfhniraUi/. If he does not accept, he fjives tlie notice providdl for in Rule Sti, lunl iiUei^es in his rej)!}' that the teiKh.T is insufficient ; the defendant havinir alleyed the tender in his statement of defence, and the action proceeds to a hearin<>; ( /). In salvage actions it is usual, before tender is made in court, for tlie defenihmt's solicitor to make a tender to the plaintirt'out of court. If the plaintiff accepts the tender thus inaile, the matter may he settled by the parties out of court. But the plaintifi", if he is entitl(Ml to costs, sliould, l)efore discontinuing proceeflinjjs, stipulate for payment of the costs, or apply to the court to j^ive directions as to costs (//). If the plaintifi' refu.ses to accept the tender thus made, the defemlant may then, as in other cases, proceed .^o tender by act in ccnirt, payin\vill^• mat- ters; — In actions for limitation of lialiility, when.' tlu- drfcn- (lant only puts the plaintitf' to proof of his case, without raisiiifj any special defence, the course of practice is, the solicitors for the parties usually consentiiii;', or a jmlj^e's order lieiiiL;' ohtained under Kule Nil. for the entire evidence in the cause to be ^iven on atHdavit. And in other con- tested actious there are certain matters which, in whatever mode the remainder of the evidence in the action he taken, are in ])ractice proved hy atHdivvit. Thus, in an action of salvaL;'!', the value of the ])roperty pi'oceeded ayainst is, in the absence of any appraiseiiifiit, ]i:i)Ved l)y defendant's atliduvits of value. In Kn;4'land, in actions nf damage or ar-tions of .salvaji'e, copies of extracts from the lo^s kept by li;,dit -keepers with reference to the direction of the wind or the state of the weatli'^r at the time of tie- eolli.sion, or the pei-fianiiance of the allei^ed salvajLi'i' serviees, are usually admitted in eviilence if verified by atlidavits sworn by the' clerks havin;,' the custody of tlic ori;;inal lii^s(/). Atli- davits of superintendents, or resident keepers appointe) WiiiH. it 11. '.'iKl.ed. U'.l, IM2. (/)) IIM, 430. (7) .S...> WuH. * 11. 2ti(l .'.l. l'_':l, mill riilf.i !)0, ill, infra. (r) The ILinl wick, '.» 1'. 1». ;{•_'. (») The SohfU!/, Id 1*. I). l;<7. liuh's t!ii(J Practice. 47 stated ; but the opinion of the uuLster in such a li-ttei- is not Rales 89-91. evidence (x). In an action of ;e tlie enu'inecr's iul;- is adinissilile as evidence' against the sliip owner iiy win mi the t'n;;ineer is eniployee incompetent to i^ive evidence hy reiison «i'ielialf it is offered, or before a partner or clerk of such solicitor. Examination of Witnessks liEi'oiU'; Ti;ial. 102. The judge may order that any witness, who cannot conveniently attend at the trial of the action, shall i)e examined previously thereto, be- fore either the judge, or the registrar, who shall have power to adjourn the examination from time to time, and from place to place, if he sliall think necessary. A' form of ordi'r for examination of witnesses will be found in the appendix hereto. No. 8H. TIh^ Adiiiimlty practice of tiio High Court, (Eiig.), aihnit.s of the exaiiiiimtion het'orc trial of witnesses wlio cannot be detained until tlie hearing [ir). See as to evidence generally Rule MS and notes. 103. If the witness cannot be conveniently examined before the judge or the registrar, or is (if) \\\w. & 13. 41H, i-it. The Ti';< Frimils, Lush. 6.52. '^m m liiiles aii'l Practice. 51 beyond the limits of the district, the jud<,'e iiiuy ^ "^°^ hh-io9. order thiit he shiill he exaniiiii'd hefore a coiniiiis- sioner specially appointed for the purpose. 104. The commissioner shall have power to ''"«•«'■»"''"■«'"■ swear any witnesses produced before him for examination, and to adjourn, if necessary, the examination from time to time, and from place to place. A form of connnission to examine witnesses will be found in the appendix hereto. No. 30. 105. The parties, their counsel and s()licitors,^;i',';,',r,rs':u' may attend the examination, i)ut, if counsel attend''^'""""""'"' the fees of only one counsel on eac-h side shall be allowed on taxation, except l)y order of the jud.i^e. 10(). The evidence of eviuw witness shall 1)6 {;,V;'rr '" ''" taken down in writing,', and shall he certified aSc.VtVi'i'jiL''' correct or approved of by the .jud^'e, or refj;istrar, or by the commissioner, as tlu' case nuiy be. 107. The certified evidence shall be lodged inf'y;^;!;|'J^;^' the registry, or, if taken by connnission, shair'*'''"'* forthwith be transmitted by the connnissioner toTi.iiiShMttf.i '' _ _ _ til iinistry. the registry, together with his commission. A form of )'eturn to connnission to examine witnesses will be found in the appendix hereto, No. 40. lOH. As soon as the certitied evidence has bcnui J;;';,'|';.';,'|;j''''> received in the registry, it may be taken ii[) .,iur" '""'"'"*• filed by either party, and nuiy be used as i'\ ideiice iu the action, saving all just exceptions. ShoUTIIAND WlUTEltS. 109. The judge may order the evidence of the{;r;,'irsLon. witnesses whether examined before the judge, or '"'" the registrar or a connnissioner, to be taken down by a shorthand writer, who shall have been previ- 1 I !i f: ^»ssm 62 Rule IM. Exchequer Court — Admiralfij. ously sworn faithfully to report the evidence, and a transcript of the shorthand writer's notes, certilied by him to l)e correct and approved by the judf^'e, registrar, or conmiissiouer, as the case may ho, shall lie lodged in or transmitted to the registry as the certilied evidence of such witnesses. The shorthand writer shall, in addition to such tran- script thereof, supply to the registrar three copies of such transcript, one of which shall be handed to the judge, and the others given to the plaintiff and defendant respectively. A form of oath to be administered to the shorthand writer will be found in the appendix iiereto, Xo. 41. Tin; tiUik' of IVi's li(.'rt't<), IX., prmidcs for tlie fues tax- able for Hlioi'thfiml writers. Tlie shorthiim! writer is, acconling to the Eugli.sli prac- tice, approved by the court, and sworn, as renuired in this rule. A transcript of his notes certified \>y him to Iih correct is adniitteil to prove the oral evidence of the wit- nesses. Such notes are the oidy notes wliich are allowed to be used for the purpitse of appeal, ami although the judges have nothing to say to notes being taken for the use of the parties, thi'V have something to say as to the appointment of a gentleman upon whose note.s their juflt;- ments are to l)e upheM or set asiile. And the lyourt. refuseil an application by parties to an action to appcjint a shorthand writer /*/v* lute vice, or other than the court hud already appointed ( '). If after tilinj; in the Ar. made by the party aggrieved to the court for an order directing that the transcript be taken otf the tile ami returned to the examiner for amendment, {x) WniB. 4 B. 2nd Ed. 411) n. linles (iini Prtictici'. 63 ami the costs tht'i'uby incurr.'\n, 1". 211). (.) ^V^ls. k W. 412. 1, ('!) riit Chn.'^ ^a e. <5> e%. r> '/ ///. Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 o i/x W- i?.^ fA :\ \ 6^ Fees of Assessors, Filiug DOtice of trial. 54 Exchequer Court — Admiralty. Rules 113-115. 113 fpi-^e fggg qI \^\^q assessors shall be paid in the first instance by the plaintiff, unless the judge shall otherwise order. Setting Down for Teial. 114. An action shall be set down for trial by filing a notice of trial. A form of notice of trial will be found in the appendix hereto, No. 42. The practice in Admii'alty in the High Court (Eng.)> requires that before an action can be set clown for trial or hearing, except where otlK rwise ordered by the court or judge, the notice of tri. s.'.juld previously have been served on the adverse party [hi)). 115. If the''p h'j-6 no* ' '^' 'i any tippearance, the plaintiff may set dowi <. action for trial, on obtaining from the judge leave to proceed ex jjarte, — ((/) In an action in personam, or an actioa against proceeds in court, after the expiratiun of tico weels from the service of the writ of sunnnons ; The proceedings to obtain judgment in default of appearance in an action in personum are in the High Court (Eng.) in Admiralty, the same as in actions in the Common Law Divisions (c). (h) In an action /// rem (not being an action against proceeds in court), after the expiration of tico iveeJic from the filing of the warrant. Tlie practice in Eiigland in Admiralty on default of appeai'ance in actions In rem is to enter the cause for hearing when it will be set down in the list ; but in some cases where there are exceptional circumstances the {Ui) Wins. & ]5. '2nd Ed. 437, and see nute to Rule lH'i infra. (c) Sniitli's Adminilty I'r., HG ; Wnin. & B. L'nd Kd. 3l'.S. If Hiete lias been no ap- Vearanee. In an action in itcreaimm or anainst lire- ceeds. In an action in rem. Rules and Practice. 55 cause may come before the jud^e on a motion for judg- Raia ii6- inent and a decree is made according to the claim indorsed on the writ without a statement of claim {d). In the case of an action on a bottomry bond the original bond must in all cases be brought into court (e). Wlien foreign sailors are plaintiffs and a sum is demanded by way of vidticiuii, a certificate of their consul must be brought to the notice of the judge, stating that the plaintiffs are returning home at their own cost (/). In order to obtain judgment for default of appearance in an action in rem under the English practice, which pro- vides that : — In all actions, not . . . otherwise specially provided for, in case the party served with the wi'it, or in Admiralty actions in rem the defendant does not appear within the time limited for appearance, upon the tiling by the plaintiff' of a proper affidavit of service, and, if the writ is not specially indorsed . . , of a state- ment of claim, the action may proceed as if such party had appeared, subject, as to actions where an account is claimed to the pi'ovisions of the order on that subject — the ten days stated in the rule nuist elapse, and a notice of trial must be ffled in the registry (g). Butt, J., quoting tlie language of the Rule — that " he" the plaintiff" — " may proceed as if the party had appeared " — held that the plain- tiff' must wait the full time which defendant mijfht have hud in which to plead and tliat he must also give the notice of trial in the registry, observing that " it is ver^' undesir- able to seize and sell ships in great haste, and there should be plenty of time allowed between the seizure and sale. Eule Gl, ((lite, provides that every action shall be heard without pleadings, unless the judge shall otherwise order. 110. If there has lieen an appearance, either "anippoar- ^ •■ ance. party may set down the action for trial, — ((/) Tlf JttUnit, ;<5 L. T. N. S. 410 (187U). (f) The lidirnid, 37 L. T. X. S. 3(i(i. (/) Thi- Jf.ifmihti'ciK, ,'17 L. T. N. S. 3(!:). (-•) n>' Fiiir Hnna, L. R. 1 .Vd. 07. (;/) TIf Avtnir, It P. 1). S4. (The plaintiff had filed a statement of claim nn\ affidavit uf scrvicf. ) :ti I II 56 Rule 116. After expiva- tioQ of one week. If pleadings have been ordered. Dofd'ilt in pleading. Exchequer Court — Admiraltij. {(i) After the expiration of one week frotn tiie entry of the appearance, unless an order has been made for ple;idings, or an application for such an order is pending ; [h) If pleadings have been ordered, when the last pleading has been tiled, or when the time allowed to the adverse party for tiling any pleading has expired without such pleading having been filed. Ill an action for ueces.sari(is .supplied to a forei<^u ship the writ was indorsed : " The plaintilfs' claim for £900 for necessaries supplied to the Sfacforiti whilst lying at Swan- sea." The S. was arrested in the suit, and an appeaiance was subse(iuently entered on belialf of her owners hut no bail having been put in the vessel remained under arrest. A statement of claim was delivered. The defendants did not deliver any defence. The ])laintiffs moved uiideiiJi|u.' rule (S. C. Jud.) providing tliat, "if the plaintilis' claim were only for a debt or Hijuidateil demand, and the defend- ant did not within the time allowed . . . deliver a defence or demurrer, the plaintilfs might at the expiration of such time, enter final juilgment for the amount claimed with costs." Sir R. Phillimore held that that rule di, 3: H"p L. T. N. S. 4;U. mm livles and Practice. 57 was made to transfer the cause to anv other division, and ^'^^''^i'''"*- it was held that upon default in pleading l)y the defendants the plaintifts were entitled to enter interlocutory Judi^nient, and have the damages assessed and apportioned by a jury, under a rule by which if the plaintiff's claim be for . . . pecuniary damages and the defendant make default in delivering defence, the plaintiff" may enter such a judg- ment (('). In collision cases the Preliminary Acts may be "i'e.""is i'|-»- • •' uimniiry Acts opened as soon as the action has been set down for trial. 117. Where the writ of summons has been ^vhere claim to have indorsed with a claim to have an account taken, *•-•=<""" '^ken or the liability has been admitted or determined, and the question is simply as to the amount due, the judge may, on the application of either party, fix a time within which the accounts and vouchers, and the proofs in support thereof, shall be filed, and at the expiration of that time either party may have the matter set down for trial See Rule 6, ante. Tkial. 118. After the action has been set down for Time and liliico of tiial. trial, any party may apply to the judge, on notice to any other party appearing, for an order fixing the time and place of trial ; or he may upon giving the opposite party ten days' notice, set the action down for trial at any sitting of the court duly appointed to be held by the judge. •Jury. — Under 3-i Vict. (Imp.) c. (j5, s.s. ll-l(),tlie Court of Admiralty had power to direct a trial by jury in London or at the Count}' Assizes of any .specified issue: f. (/>. an issue has been directed to try the existence of a custom or usage (_/). (i) Th, Onn/I. 131*. 1). 80. U) The Hurria, 1 W. Kub. 43:t. 68 Exchequer Court — Adinirdltij. Rules 119-121. There is accordinjf to the Enj^lish practice no absolute right to a jury ; and an order refusing a jury in an action in rem in the Aihiiiralty Division by the master of a ship for disbursements was affirmed on appeal (/r). See Rule 1G8, infra, and 3 & 4 V. c. Oo, s. 11, in Appendix. By s. 24 of 50 v^ 51 V. c. 15, i.ssues of fact and in(iuisi- tions in the Excheiiuer Court of Canada are to be triel,JI:). The merchants are appointed l)y the registrar with the appro\-aI of the judge, to assist the registrar on references when re(|uired. In some cases the reference is to the registrar alone, but when the inquiry relates to any special matter of a connnercial nature, it is directed to l)e before the registrar, assisted in default cases liy one, in other cases by two merchants {w). Where several actions have been consolidated one of such actions can be referred sepai'ately, if convenient, witiiout any reference of the others (,'•'. The practice in the Admiralty Division, Eng., as to re- ferences governed by the rules of the Supreme Court, LSS.S, taken fi'om the rules of the Hi":h Court of Admiralty of 1851), 107-118 (see Wms. & B. o72, (JUi, and not provided for in these rules, is as follows: — Within 12 days from the date of the order of reference the solicitor for the claimant files his claim and affidavits, and within 12 days from such filing the adverse solicitor files his counter-atfidavits. From the filing of the latter G davs are allowed for filing anv further afiidavits by either party, save Vjy order of the judge, or permission of the registrar. Within 3 days from the e.Kpiration of the time allowed for filing the last afiida- vits the claimant files a notice to have the reference placed on the rejiistrar's list for hearing, if he does not do so the advei'se solicitor may apply to the court or judge to have tlie claim dismissed with costs. At the time appointed, if eith.er solicitor be present, the reference may be proceeded [t] The flunwn; Br. & L. 18.5 ; 3:5 L. J. Ad. 10. (») T.'u- Utenn, 10 .Tiir. .")(«). (i) The at. Cioud, lii: & L. 4 (1'.)). (w) \Vni.s. & B. 450. (x) The Helen H. Cooper, L. R. ;{ Ad. 3;«'; 40 L. .T. Ad. 4(1 Bules and Practice. 61 with, but the registrar may adjuurn in like nuuuier as R"^^^ 12S-127 . provided in Rule 125, infrd. Under the English practice upon references in Admir- alty actions, witnesses may he produced before the rey;iH- trar for examination, !ges, and necessaries, interest ^"'•-''''^'''■ runs on the amount awarded from the date of enter- ing judgment (z). And on damages awarded, from the time when the claim aros(i (a). And on bottomry bonds fronj the time at which the bond is due (h). The registrar and merchants may U[)on a reference reduce the amount pa^'able under a bottomry bond (c). 125. The rules as to evidence, and as to tlieiuiic^nfevi- . 1 1 11 1 7 /. (liMioo in case trial, shall apply niutatiH inn tana is to a reference '■"^■'*-'''^'"<="- to the re^nstrar, and the re,gistrar may adjourn the proceedings from time to time, and from place to place, if he shall think necessary. 126. Counsel may attend the hearing of aiiycomisoifaos ■^ '^ cu rufeience. reference, but the costs so incurred shall not Ijo allowed on taxation unless the registrar shall certify that the attendance of counsel was neces- sary. 127. When a reference has been heard, the ntpcvt in . . . , cnsL's of refer registrar shall draw up a report m writmg of the ^•'"^^'' (.v) Wins. &, B. 672, t)H ; Tlw. Pariauia, 13 P. D. 16. (t) The Joms Brothers, 37 L. T. N. 8. 164; 46 L. J. Ad. 7.*) ; Wnn. & H. 2nd Ed. w'07n. («) r/ie Gi-rtrmle; The Baron AUr,l,in, 12 P. D. 204. (6) The Edmond, Lush. 211 ; 30 L. J. Ad. 12S. (c) The Ponti'la, 9 P. D. 102. 62 Rules 128-132. Notice of reiiort beiug ready. Notice of motion to vnry rei)oi-t Henriug of motion to vary. \Vbeu report shall stand couflrmeJ. Costs in general to fol- low result. Krchcqiicr C'oiirf — Admu'dUij. result, showing' the auioimt, if anj', found due, find to whom, to^'ether with uny further })iirticuhirs that may be necessary. A form of the report will be found in the appendix hereto, No. 48. By the practice in Admiralty, Eng., tlie ru^^istrar may, it' he think tit, report wlit;ther any and what part of tlie costs of the reference .should be allowed, and to wlioiii {. C'a.s. 270. (/) n>' Wn.'ihnii/t^ii, .-. ,Tur. 101)7; T)ic Tchymiih, 1 S!,k.4L'7; The Mu»k- sealon, 14 P. 1). .51. (-/) ne Fr,-edM,i,, L. R. .S P. C. .5114 ; Th,- Di^a-n, L. R. '_' A. & K. ;!!».'^. (/') The KU-.a O'niiih, Si>k. 3('.; 17 Jur. 73S ; Thf Ko.Mfi-a IMU; ;» L. R. N. .S. -MA. (.') The S;,r,-hrn, r, A.sj). SS. (./) T/i,: liloU, 1 W. Rob. 88; Th<- S;/,liN-f/ C.r.; 2 Dods. 1:! : Thr FrrM, S App. Cas. 329; The /{n,i„l Fnmi/i/, 3 L. T. N. S. 704. (/■) The Acomac, IS'Jl P, 34!) C. A.; The Fmm-.es Mary, 2 Hagg. SH ; Th,' '•liiiifer, :i E. C. R. 57; The (\ F. Snnjeiil, /hi,/. 332. (I) The Oc,;'.,., 10 Jur. '.Oli ; 4 X. of C. ,571 ; The (i„.u,ifl,:t, 3 \V. Rob. IG'J ; The .Seii„i;i. ]},■} Vuniiine, 1 Spk. 302. (w) The Ujemm,'U, n P. 1). 227 ; The r,i,_l,iunM, 11 P. D. 4(i. in) 24 Vict. c. 10, n. 10. (") Wins. & li. \>\>. 203, 41)4 ; (jnniett v. Jlmdlei/, 3 Altp. Cii. 944. (/') Wins. & B. 4C).-). (y) The Fneiy,/, L. R. 3, A. & E. 4,«^. Rule 132. BBS 04 Rule 132. ExcJicqiier Court — Admirdltij. In HctioiiH for tlHnirt;,'L', if the damage ia caused by inevitable accident the court makes no order as to Cf)3t8, unless the action was unreasonal)ly brought {r). In a recent case in which the defence to an action for damages by collision was inevitable accident, the plain- tift's oVjtained judirment on the ground that negligence on the part of the defendant had been proved. On appeal to the Court of Appeal the defence of inevitable acciilent, viz., the breaking of the shackle, without negligence, by which defendant's vessel was mooreil to a buoy, was estab- lished and the judgment was reversed, and the court having heard argument on the question of costs, lield that as the Admii-altv Court is a division of the HiM- a master mariner, was decreed his wages with " detention and board " money from a date five days subsequently to the institution of the suit, with taxed costs of suit {x}. If the claim of the master is exorbitant, he may be con- demned in costs (y), or owners may be eijually to blame, in making an excessive counter-claim, when each party may have to pay their own costs (z). A master may be en- titled to wages, yet his conduct may have fully justified a defence to the action, when each party may be ordereil to pay their own costs. If a claimant has the means of living at a cheaper rate than would ordinarily be the case, the costs in the nature of detention and living-money, where allowed, must be less (a). Unsuccessful plaintitls in salvage actions, have been allowed all or some part of their t.i ;3ts, upon the pnnciple of encoui'aging mariners to rescue property (h). Where the court refuses to uphold an agreement on the ground of its being ineijuitable, but decrees some reward to the salvors, it may also allow the plaintiffs tlieir costs (c). In such a case, it may, if there has been no sufficient tender, leave each party to pay their own costs (d). Where the contract of service is held to prevent a salvage reward no order is made as to costs (e). Salvors who have substantiated their claim are sometimes deprived of all or a part of their costs in consecjuence of improper conduct, such as denying the services of co-salvors (/) — not doing all they might have done ([/). To avoid difficulties as to apportion- (r) The Royal Family, 31 L. T. X. S. 704. (y) The William, Lush. 11)9. {z] The LemucUa, Lush. 14". ((() Wnis. & B. 20S. See also The Karla, Br. & L. 3(J7. {'■) The Priiiees.i Alices W. R„b. 143; The fUuirjcr. 'J Jur. HO; The Vim', 2 Hagg. 1 ; The Fmure.^ and Eliza, 2 Dods. 115. ((■) The Ilia/1,,, 1891, P. 175. id] The Medina, 1 P. D. 272 ; 2 P. D. 5, C. A.; The Silesia, 5 P. D. 186. ('■) The aanges, h. R. 2 Ad. 370. (/) The Bartley, Swa. 198 ; The Olaagow Packet, 2 W. Rob. 306. i'j) The Scout, L. R. 3 Ad. 512. U.\..K. — 5 i 66 E.rc'lteqner Court — Aduiirdlfij. ^•^ 132. nieiit where there are several sets of salvors one sum nomine cxpevsaraviitighx'n to them in place of costs ili). At times when a plaintiff is unsuccessful no order is made as to costs, as when a suit is dismissed for want of jurisdiction. A salvage action having been dismissed for want of jurisdiction, the court did not order the plaintiff to pay costs, namely, when) the services had Ijeen rendered in foreiiiii territorial waters, between whose i^overnment and that of (Jreat l^ritain no treaty existed as to the inter- change of wrecking! services in each other's territorial waters (/'). "J'he general costs of the action payable to the salvoi\s should be apportioned as between the owners of the salved ship and her cargo, in acconlance with the principle laid down in The Pence, S\v. 115, but without prejutlice to the salvor's right to recover the whole from either (j). When a fund, by a sale of a shiji, is placed in court by one set of claimants, so as to be available for other claim- ants, the former are entitled to their costs up to and inclusive of the sale, though thev do not lank first in respect of their actual claim (k), TeniJer. — When a tender is pronounced for, the Court will generally order the plaintiff to pay the costs of the action (/). It has the same effect on the costs of a reference as of the main action, but it will not, wliere insufHcient, and the plaintiff has put forward exorbitant claims, exonerate him from C(jsts on account of such improper claim {m): l)ut if the tender is made in an irreirular nuinner, the defendants will not obtain their costs though it is pronounced for (»). The usual order is that the plaintiffs pay the costs incurred since the temler (o) ; and to give them the costs of the action up to that time (/>). (h) The Enterpriitc, 2 Hiigg. 178 n.; The Kathletn, 31 L. T. N. S. 204 (210 (i) The WilUmlil., L. R. 3 Ad. 487; 20 L. 1'. N. S. (;) The Kl/nii, 1S!»1, P. 20.'), 271 ; The .Uar^/ah <■/ llinitb'ii, 3 Hiigfe'. 241). (k) The I'duthea, 25 L. T. N. S. ^89; 1 A.sp. Mar. Law Cas. 133; The Imiiiact'hilii. i'liiicezli'ne, \) V. l). 37. (0 WuiH. & 15. 40.'). (m) The H'/Z/uk/i, Lush. W'J. (h) The lliehiwn, L. R. 3 Ad. 15. (<•) The I.ntus, 7 P. D. 199. (/)) The William Si/iinwjton, 10 P. D. 1. Ihiirs (1)1(1 Practice. 67 •t will nu(0. as ot nl the ,0 liini if the idants .r in). luvrctl lof the \q\ 1210 Ri'ferenre. — Tlit- v\\\v foiiiie.ly was that if the dcfondant _ in a rofovenct* took ort'oiie thinl of the plaintiff's claim, the latter iiiuHt pay costs ; if one fourth, each pai'tyniust then liear liis own costs. But now the court will oxorciso its discri-'tion accordinj,' to the circuii stances of each particular case ('/). In an action of damage, where the defendant sets up a counterclaim in respect of the collision out of which the action arose, and hotli ships ai"e held to hlam*:, Imth parties will, as a <^'eneral rule, be entitled to the costs of a reference to the rej^istrar (/•). But where in such a case no tender had been made* by defendants ])efore the reference, tlu'y were condemned in the costs of the reference (>■). And in such an action, the liability bein^- admitted be- fore statement of claim, and the (pifstion of the amount referred to the rej^istrar and nu'rcliants by consent, the ctnui j^ave plaintiti's the costs of the action, but not of the reference', the c(jurt beini,^ of opinion that the plaintiHs should, under the circumstai\ces, not have claimed before the registrar the auKjunt which they did claim (0- ir(7/»f'.sNr>'. — Costs (if material witnes.ses, who, thou^^h in attendance at the hearinj^, have not been called are allowed on taxation [a). Costs of an appeal against the re<,dsti-ar's report, UHU»dly follow the result { ''). On A}>pi'itl. — The costs of Appeal — that is to say, both those in the Appeal Court and in the coui't Vtelow — fi)llow the event (?('), unless there are very stron^' reasons to the contrary (,'•)• As to bail for costs, see Rule 181, nifni. (./) Th,' l-n,;l,l„;;i, 10 I'. 1). \V1 C, ('Vi'iTnliii'.' 7Vm /v,/,,.,,v.s.,' /■.ii'jniu:, Lush. 110. ()•) riit M.(r;i, 7 I'. 1). 201. (v) TIk' Sin-inith: '< V. D. Kill. (0 Tin ]\'i"i- ranamn, 1 P. 1). 452. (ic) I'he .\fonl:.i"'liin, .tiip. (x) 7Vi. rit;ii>nhrUn,lj. R. 2 Ad. 180 ; Th (iM,uiih/] Wins. & 1?. it)H. (,:) riic /'hillijiihi; L. R. 1 Arl. 300 ; The Ileinridi, L. K. 3 A. & E. 505. (<() The Hope, 8 P. U. 144, C. A. (1SH3). {!') Ross V. Buxton, 42 Cli. D. I'JO (1880). See also Wms. & B. 2nd ed., 472. *-i i \i\ Rules and Practice. 6d which the action is instituted, the judge may, on *^°"^ the application of the adverse party, order him to give bail for costs. When a plaintiff, other than as providefl in this Rule, uaii for costs, resides out of the jurisdiction of the Court, he may be required to give security for costs, although at the time of application he is within the jurisdiction (r). Where the owners of a Danish vessel, resident out of the jurisdiction, instituted a suit in Admiralty (Eng.), for damage against the owners of a British vessel, upon motion niade on bel.alf of the latter which was opposed on the groimd that the foreign vessel was already under arrest of the court in another suit brought against her for neces- saries under 3 & 4 Victoria, the court, Lushington, J., directed that security should be given, and fixed that security in the sum of £100, observing that the princi- ple upon which security for costs is required, is that unless such security is given, the adverse party in the suit has no chance of obtaining his costs if he should become entitled to them ('0- If the defendant, a fc" .'ignei', lirings a counter-claim, he ma\' be compelled, unless the ship is under arrest and is of sufficient value to cover the claim and costs, or sufficient bail has been given, to give security for the costs of the whole action, and not only for the costs causivl l)y such counterclaim (e). The procedure by counterclaim having taken the place of cross actions in causes of damage, the practice as to security for costs, formulated Ijy A. C. Act, 1861, s. 34, in cases when the ship of the plaintift'had not'been arrested, whereby the plaintiff was ol)liged to give security, is applicalile to cases of counterclaim ( /). And a defendant who claims a limitation of his liability is, as regai'ds security for costs, in the same position as an ordinary plaintiff (,'/). ('•) The Fmm et FJnr, LiisU. 377 ; The Zafall, 44 L. J. A<1. Hi. ('/) The Snf.h,,; 1 W. Kol). S'iti. (<■) r/ie Jiilin Fish.;; 2 P. D. 11.5. if) T/icCh'trki. It, L.n. 4 All V2*}. i'j) The ^Vi/ L. T. X. S. 1S3 : 3 A^^il X. .S. ,3S2. (i) riii Heat rice, 'M L. J. Ad. 10 ; Tlu St u-buttlt, 10 V. D. 33. (./) The r^huit, 1 \V. Rol). 384. (/•) Wilis. & B. 4!<2. (I) P. C. Rules of Dec. 11, 1805, Br. & L. 4(i.'), 4tl7. (m) (iriiiit V. Tliu l?aii(nit' Franco-Effytitienuf, L. R. 1 C. V. D. 143; L. K. '.'C. 1'. I). 430. [ii) Tin- C":iKl'inf me, 4 V. 1). IbG. ,,,<««>Mg&«0a«! Bulcs and Practice. 71 lule 158, jr. D. 1^3; In England it is in the discretion of the court to allow Rules 136140. the mate of a foreign vessel though not domiciled there, to prosecute an action for wages without giving security for costs (()). 135. A party claiminf' an excessive amount P'i">"^1''1""°8 L J n 'an excessive either by way of claim, or of set-off or counter- '""°""' claim, may be condemned in all costs and damages thereby occasioned. 13G. If a tender is reiected, but is afterwards Temier re- J ' jcotf d but accepted, oris held by the judge to be sufticient, ;;''^',^ted or the party rejecting the tender shrdl, unless the'"''^" judge shall otherwise order, be condemned in the costs incurred after tender made. See notes to I'ules 85, 86 ante. 137. A party, who has not admitted any fact J',",nit"i°g which in the opinion of the judge he ought to have''"^'' admitted, may be condt-mned in all costs occa- sioned by the non-admission. See Rules 74, 75, ((ate, as to admission of documents and facts. 138. Any party pleading at unnecessary length '''''''^""R "^^ or taking any unnecessary proceeding in an action ''^"^"'' may be condemned in all costs thereby occasioned. See note to Rule 220. Taxation- of Costs. 130. A party desiring to have a bill of costs xaxatiou of taxed shall tile the bill, and shall procure an """i""'*''' "'«"*• ' Api>i>iiitinont appointment from the registrar for tlie taxation ""'""'""'• thereof, and shall serve the opposite party with notice of the time at which such taxation will take place. 140. At the time appointed, if either party is ';ji^';^^j'"''''y present, the taxation sliall be proceeded with. (.) Till J Ion J{i,-arfl:•::-,, the discharge of cargo, and the demo- ac^ "^'""^^ i'ld sale of a vessel condenuied under any av 'lade Act, shall be effected under the autho- rity of a connnission addressed to the marshal. (7) The carijfo ex I'cuH.t, L. R. 1 Ad. ."0. ()•) The (-',t[« ;»»y by tiling notice; ci in Bncli cBSu. tinue his action bv filing a notice to that effect, liouco; costs and the defendant shall thereupon be entitled to have judgment entered for his costs of action on filing a notice to enter the same. The discon- tinuance of an action by the plaintiff shall i^ot j;°|j^'°j{'jfg^ prejudice any action consolidated therewith or any'"'"""'' counter-claim previously set up by the defendant. Forms of notice of discontinuance and of notice to enter judgment for costs will be found in the appendix hereto, Nos. 51 and 52. Where a plaintiff elects to (liscontinuo liis action before trial, the ordinary rule is that ho must pay defendant's costs (x). Where money has been paid into court in lieu of bail, and the res has heeii arrested without due cause, if the plaintiff discontinues his action lie may be ordered to pay interest on the sum paid into court, in addition to costs (»/). In an action for daniajfes bv collision nn aLn-eoment .was signed by the parties as follows ; — " We hereby consent to this action being discontinued without costs on the ground of inevitable accident." Defendants afterwards obtained the usual decree limiting their liability and paid a sum into court. It was held that the plaintiff's might claim against the funil in court ; that the agreement and (.'•) Tkc J. If. Heuko, 12 P. 1). IOC. (y) The WcsUrn Ocean, L. R. 3 Ad. 40. 76 Exchequer Coini — Admira/fj/. »nle» 186, 1B7. ofder for discnntinuaiico operated as a as well as Rule 224, and the Tables of Fees appended to these rules, are within the scope of s-s. 2 of s. 7 of The CvU>ii'i). A construction is placed upon the expressions " appeal ' and " local appeal," by s. 15, Colonial Courts of Admiralty Act, ISOO, q. V. 158. Any person who desires to appeal to the Appeal to Exchequer Court, troiii any iud'naent or order of a ;'""'!■ ''>'''^'" 1 ' ./Jo iiiiit to (,' vo Local Judge in Admiralty of the said court, shall "'''"'"^' give security in the sum of two hundred dollars if such judgment or order is final, or if interlocutory, in the sum of one hundred dollars, to the satisfac- tion of such local judge, or of the judge of the Exchequer Court, that he will effectually prose- cute his appeal and pay such costs as may be awarded against lii:n by the Exchequer Court. If ant^eqMho.ito the appeal is by or on behalf of the Crown, no *'"''"""""'"*' security shall be necessary. The appeal may be direct to the Supreme Court of Canada from any final judgment, decree, or order of a local judge, subject to the provisions of the ExcluMjuer Court Act regarding appeals (f). A decree in an Admiralty action, fixing the liability, but leaving the damages to be assessed, is not final {d). 159. All appeals to the Exchequer Court from ah appeaia to any judgment or order of any Lc^nl Judge inroiiBanug (I) See Imp. Ord. in Council of March 15, 1893, (Appendix). (c) See The Admiralty Act, IS'Jl, s. 14, s-s. 2, p. 6, nnte. ((/) The Duke of Bucckwjh, 1892, P. (C. A.) 201. 78 Rules 160, 161. ami may lio from whole iir pai-t of judK- uivut. Notice of aiipoal, tioi'vico of. ICotico may be .auieuded. Excheqiun- Court — Ad mi rait /j. Admiralty of tho court shall he hy way of rehear- ing,', and shall he hrou^ht hj' notice of motion in a sunnnary way, and no petition, case or other forni.il proceeding other than such notice of motion shall be necessary. The appellant may by the notice of motion appeal from the whole or any part of an}' judgment or order, and the notice of motion shall- state whether the whole or part only of such judg- ment or order is complained of, and in the latter case shall specify such part. A form of notice of motion on appeal will be found in the appendix hereto. No. 58. 100. The notice of appeal shall be served upon all parties directly affected by tlie appeal, and it shall not be necessary to serve parties not so affected ; but the Exchequer Court may direct notice of the appeal to be served on all' or any parties to the action or other proceeding, or npon any person not a party, and in the meantime may postpone or adjourn the hearing of the appeal upon such terms as may be just, and may give such judgment and make such order as might have been given or made if the persons served with such notice had been originally parties. Any notice of appeal may be amended at any time as the Exchequer Court may think fit. 161. Notice of appeal from any judgment, whether final or interlocutory, or from a final order, shall be twenty dat/s' notice, and notice of appeal from any interlocutory order shall be a ten days' notice. A notice of appeal from the former Maritime Court of Ontario served within fifteen days (the time prescribed by the rules of that court) of the formal entry of judgment, in, a]j res or ph po pai I ' ^utmmif'mmmti Hull's 11)1(1 Practice. i9 of \en of \\\xi not within Hi'ti'on days of the liiinilin;^ of i\\v ju(li;iiitnt Rule 162. to tlie ivgi.stnir, the hittor not havin<;' heen done in open court, was held jjood by the Supreme Court {c). 10-2. The Kxche(iuer Court shall in any appeal j.'.^.JI'to'rcZ, have all its powers and duties as to aniendment and ovukiice. otherwise, tofjether with full discretionary power to receive further evidence upon questions of fact, — such evidence to be eitiier by oral examination in court, by affidavit, or by deposition taken before an examiner or commissioner. Such further evi- dence may l)e ^nven without special leave upon interlocutory applications, or in any case as to matters which have occurred after the date of tlie decision from which the appeal is brought. Upon appeals from a judgment after the trial or hear- ing of any cause or matter upon their merits, such further evidence (save as to matters subsequent as aforesaid) shall be admitted on special grounds only, and not without special leave of the court. The court shall have power to draw inferences of tact and to give any judgment and make any order which ought to have been given or made, and to make such further or other order as the case may require. The powers aforesaid may be exercised by the said court, notwithstanding that the notice of appeal may be that part only of the decision may be reversed or varied, and such power may also be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have appealed from or com- plained of the decision. The court shall have costs of ap- power to make such order as to the whole or ^\\y '"""'' part of the costs of the appeal as may be just. (e) The St. Magnus,— 'RohnxUon. v. Wigle, 15 S. C. R. 214. aaasaaaaat i 80 RiaeBl63,164. New trial. llosponilont iieecl not nivo notic'i.' Ill iiiotiiiii liy wiiy uf ';i'os3- a[iiu'ul. Exchequer Court — Admiralty. The appellate court in Admii'alty cases endeavoui's to fiiul out the real merits of the (juestion without requiriug that rules of practice should be strictly conformed to (/). In salvage cases, if the justice of the case i-equires it, a court of appeal will increase the amount (y). The Cfjurt of Appeal (Eng.), upon appeal from a judg- ment after trial or healing of any cause or matter upon the merits, save as to matters arisi.ig subsequently to the decision appealed from, ailmits further evidence on special grounds onl}', and not witlunit special leave of the court (/<). Leave to adduce further evidence was refused in the case of the Hcindia, snpra (/). 103. If, npoii the hearing of any appeal, it shall appear to the Exchecpier Court, that a new trial ought to be had, it shall be lawful for the said court, if it shall think fit, to order that the verdict and judgment shall be set aside, and that a new trial shall be had. Where a disputed fact involving nautical (juestions was x'aised by an appeal from judgment of Maritime Court of Ontario, as in case of a collision, the Supreme Court vvould not reverse the decision of court below merely on balance of testimony (j). 104. It shall not, under any circumstances, be necessary for a respondent to give notice of motion by way of cross-appeal, but if a respondent intends, upon the hearing of the appeal, to contend that the decision of the local judge in Admiralty should be varied, he shall within the time specified in the next rule, or such time as may be prescribed by special order, give notice of such intention to any parties (/) The SnUy, 2 C. K.ib. 229; Lc f.onis, 2 Dwls. 23!). () As to any evidence given orally, by the pro- duction of a copy of the judge's notes, or such other materials as the court nuiy deem expedient. ju.iKeiimy !(){), Whcrc evidcncc has not been printed in to be i.iinteci. ^j^^, proccedlugs before the Local Judge in Admir- alty, the Local Judge in Admiralty, or the Judge of the Exchequer Court, may order the whole or any part thereof to be printed for the purpose of the appeal. Any party printing evidence for the pur- pose of an appeal without such order shall bear the costs thereof, unless the Judge of the Exchequer Court shall otherwise order. 170. If, upon the hearing of an appeal, a (jues- tion arise as to the ruling or direction of the Local Judge, the Exchequer Court shall have regard to veritied notes cr other evidence, and to such other materials as the court may deem expedient. Qiii'KtiiPMK a,s to ruliiij; of Locftl JihIkh. luteildcutory orilor not 17L Upon any appeal to the Exchequer Court mlt'to iMir""" '^^^ interlocutory order or rule from wliich there has Conn'''"" been no appeal shall operate so as to bar or pre- judice the Exchequer Court from giving such de- cision upon the appeal as may be just. Limitation ot 1*^2. No appeal to the Exchequer Court from peal' "' "'' any interlocutory order, or from any order, whether Riilea and Practice. 83 filial or interlocutory, in any matter not being an ^"^°" i73-i76. action, shall, except by special leave of the Ex- chequer Court, be brought after the expiration of fliirtu n! for hy 1 ^ i li i Hides iiiid Vrdcticf. 85 form of receivable order will be found in tlie^'^^^^ "^"^^- appendix hereto, No. 54. 17M. A bank or treasury receipt for the amount """'i''- shall be filed, and thereupon the payment into court shall be deemed to be complete. Payments out of Court. 179. No money shall be paid out of court ex- i-aymcntout cept upon an order sif,'ned by the jud^-e. On sign- o''i"»' ing a receipt to be prepared in the registry, the party to whom the money is payable under the order will receive a cheque for the amount signed by the registrar, upon the bank in which tlie money has been lodged, or an order upon the treasurer in such form as the treasury board shall direct. A form of order for payment out of court will be found in the appendix hereto, No. 55. Caveats. ISO. Any person desiring to prevent the arr^'stj of any property may file a notice, undertaking, within three daijs after being recjuired to do so, to give bail to any action or counter-claim that may have been, or may be, brought against the property, and thereupon the registrar sliall enter a caveat in the caveat warrant hook hereinafter mentioned. Forms of notice and a caveat warrant will l)e found ill the appendix hereto, Nos. .Mi and 57. The insti'uiiiL'nt he-re ciilleil a notice is in the Hig'h CMurt(Eng. ) in Ar hy these rules. iv<) Win,-. * B. 2nd Ed. C37. iivciit war- ant. 11 ffiSSSttI m ?J.r('Jie(iiif'r Caiirl: — A(J)niraIt//. Caveat pay iiieiit. Rules 181-185. j^f..^]^ \y^y person desiring' to prevent the release Caveat release, of {Uiy property luidor arrest, shall file a notice, and thereupon the re.i-istrar shall enter a caveat in the caveat release hook hereinafter mentioned. Forms of notice and of caveat release will 'oe found in the appendix hereto, Nos. oS and 50. Whore a Ciiveat release is entered, and groundless objec- tions are taken to the sufficiency of bail, the party eiitei'ing the caveat may be condennied in damages and costs ^/));an(l see Rule 185, infra. iW2. Any person desiring to prevent the pay- ment of money out of court shall file a notice, and thereupon the registrar shall enter a caveat in the caveat payment hook hereiiuifter mentioned. Forms of notice and of caveat paj'ment will he found in the appendix hereto, Nos. (JO and 01. 183. If the person entering a caveat is not a party to the action, the notice shall state his name and address, and an address within three miles of the registry at which it shall be sufhcient to leave all documents required to be served upon him. 1S4. The entry of a caveat warrant shall not [ire\eiit the issue of a warrant, but a party at whose instance a warrant shall l)e issued for the arrest of any property in respect of which there is a caveat warrant outstanding, shall be con- demned in all costs and damages occasioned tliere- ' ,", mdess he shall show to the satisfaction of the ,u>'"< good and suMicient reason tt> the contrarv. !;-o. The party at whose instance a caveiit • : ' -e or caveat payment is entered, shall be con- dennied in all costs and damages occasioned there- (») /■/„ Don RicanJo, 5 P. 1). IJl. Address of caveator. .\rrest of \no] ertv nsiiii]-t caveat. Ca^i .til- tor (■• istf It ; llliJrs (i)l(J Vntrticr. 87 hy, unless he shall show to the satisfaction of the^"l!*"^'^^' jiid,t,'e <,'ood and sntiicient reason to the contrary. 180. A caveat shall not remain in force foi-^Jj^^'.'lj^J,;;',,';"''" more than .s/.r ))i<)iifJis from the date of enterinj^ the same. 187. A caveat may at anytime be withdrawn JJ[;\|;;[;'''""' "' i)y the person at whose instance it has been entered, on his tiling a notice withdrawing it. A form of notice of withdrawal will be found in the appendix hereto, No. 62. 188. The judge may overrule any caveat. ov«m,ii..y. An application on special groiimls may lie made at any- time to the judge on motion to overrule a caveat wai"- riuit (ii). And any of the parties to an action may make applica- tion to the judge to overrule a caveat release or a caveat payment, on the hearing of which the court may adjup(i'nas will be found in the appendix hereto, Nos. OH and (i4. The process of the ExcheipUT Court of Canail;: I'uns tlii'oughout Canada {(/). (<>) Wins, i'^ Ii. Jii.i Kd. L'.-.f;. (/)) li.h/. -Aim. (■/) Mk 51 V. v.. (i, s, 4-J, E3B NauKjs i)f >\it- llOliBOS. Service. Orclii:< for IKiyiiu'iit out of Lourt ; or by imrty lillbio. 88 Exchtqner Cuiirt — Ailminittij. Rules 190-194. n)Q \ subpci'iia iiiay contain the names of any nunibor of witnesses, or may be issued with the names of the witnesses in blank. lUl. Service of the subpteua nnist be personal, and may be made by the party or his a^"ent, and shall be proved by aflidavit. Orders foi: P.vymext. 192. On application i)y a party to whom any sum has been found due, the .iud,i;'e may order pay- ment to be made out of any money in court applic- able for the purpose. If there is no such money in court, or if it is insufficient, the judge may order that the party liable shall pay the sum found due, or the balance thereof, as the case may be, within such time as to the judge shall seem fit. The party to whom the sum is due may then obtain from the registry and serve upon the party liable an order for pay- ment under seal of the court, A form of urdei' for payment will be found in the appendix hereto, No. 05. Attachments. 19^}. If any person disobeys an order of the court, or connnits a cotitempt of court, the Judge nniy order him to be attached. A form of attach- ment will be found in the appendix hereto. No. (iO. 194. The person attached shall, without delay, be brought before the judge, and if he persists in his disobedience or conteuipt, the judge may order him to be committed. Forms of order for com- mittal and of connuittal will be found in the appendix hereto, Nos. ()7 and 08. The order for connnittal shall be executed bv the marshal. AUiU-l:11101lt tot tclUcIuiit Coniiiiittal. I.SS Kxcciitiul by iimrtihal. ,,^,«««e»««.*te.v«Ma« Bides and Practice. SO Execution. Ruiea 195, 196. 195. Any decree or order of the court, made i;i KiiioiviuHde- J ' iTui's or the exercise of its Admiralty jurisdiction, may he'"''"'''^- enforced in tiie same nnmner as a deci'ce or order made in the exercise of the ordinary ci\il jurisdic- tion of the court may be enforced. Where, in an Admiralty cause in the Hij^jh Coiu't, lv.i;c- liind, tlie ilefondfints uppeiiret! ami ;^iiVf i-.n unilrrtakincr. upon which the /Y'n' was not anvsted, plaintitis olitaiui'd leave to issue a fwri pu'iax umler the tVtlinwin^' circiun- stances : — In an action in rem t'ln- salvage services the writ was directed in the u.sual t'(irni"to the owners and parties interested" in the /''>■, and indorsed Avith a claim t'or £"),0U0. The ovrners of the salveil ship. her rari^o, and freight, ajipeared as defendants, and through their solicitor u'ave an undertakin;^- to put in liail for the a'nove amount, and the ])laintitis did not arrest the ves.sel, or interfere with the dischari^e of the caro'o. At the iieariiiij;' tlie ooiu't awanled plaintitis £7,500; ami the indorsement on the writ was allowed to l)e amentled by increasine- the amor.ut to £n,500. The defendants denied their liability in respect of the amount awarded beyond the amount of the under- taking- to put in bail, viz., £.5,000. It was held upon motion that the renie(ly w.-is i; it limited to the amount of the undertaking to put in b^jj], and that tha plaintitis were entitled in the ]iresent aeti'nt from the defemlants personally of the full amount of the (leei-ee (?■). As to writs of fit ft Uu-iii.-:. see ExeheiiUer Court Kulo IcSS cf ,se(/., and forms in .schedule thereto. Seals. IDG. The seals to be used in the registry tmd'^'-"'*'' district registries shall i)e such as the Judge of the Exchequer Court may from time to time diicct. (r) The Dictator, 1892, P. 304. wmm 90 Rules 197-202. Instriiiiicnts jireiiiiieil in reRlKtry. Date and seal- inp. Scrviil within 12 months. Left with marshal. Notices (rou. the resistry. FiliUK docii- meuts. K.r chequer Court — A'Jmiraltij. Instruments, etc. 197. Every warrant, release, commission, at- tachment, and other instnnnent to be executed by any otiicer of, or commissioner acting under the authority of, tire court, shall be prepared in the re ;i«o "'ay either party, enlarge or abridge the time prescribed i)y these rules or forms or by any order made undt-r them for doing any act or taking any proceeding, iipon such terms as to him shall seem tit, and any --uch enlargement may be ordered although the application for the same is not made until after the expiration of the time prescribed. Sittings of the Couitx. 207. The judge shall appoint proper and coii-'',;;;',*^^^,'^^'^;^';; venient times for sittings in court and in chambers, and may adjourn the proceedings from time to time and from place to place as to him shall seem tit. nliriilt;ii time. ut,'8. ■"■iiiiiirBini 92 K ichrijih'V Coiirf — Ailiiiirn/f//. Rules 208-213. IIeOISTKY AND KeGISTRAU. He«iHt..yiMmrfl. oos. Tlu' registry sliall be open to suitors dur- ing tixed hours to be appointed by the judge. 200. The registrar shall obey all the lawful directions of the judge. He shall in person, or by a deputy approved of by the judge, attend all sittings whether in court or in chanil)ers, and sliall take minutes of" all the pro(H?edings. He slmli have the custody of all records of the court. He sliall not act as counsel or solicitor in tlie court. Attpnilftiice lit Hittiims. Marsliiil tci «'xec-iitr ill- utriiiiifiits. Or (Miiiiliiy coiniii tent pcVKnii. Holiiliiys. Marshal. lt«"/or.1< of coiivt ; ii.il I ook. •210. The niar.shal shall execute by himself or his officer all instruments issued from the court which are addressed to him, and sliall make returns thereof. 211. Whenever, by reason of distance or other sutlicient cause, the marshal cannot conveniently execute any instrument in person, he shall employ some competent person as his officer to execute the same. Holidays. 212. The registry and the marshal's ofHce shall be closed on Sundays, Good Friday, Easter Mon- day,. Easter Tuesday, and Christmas Day, and on such days as are appointed by law or by proclama- tion to be kept as holidays or fast days. liECOliDS OF THE CoURT. 218. There shall be kept in the registry a book, to be called the minute book, in vvliich the registrar shall enter in order of date, under the head of each action, and on a page numbered with the number of llie action, a record of the commencement of n c\ til liii/rs (did Pi act ice. !)8 the action, of all appeiinuuvs entered, iill docu- *"'"2^*;"* nients issned or filed, kH Jictti done, and all orders and decrees of the court, whether made hy the jiidf^e, or hy the re^'istrar, or hy consent of the parties in the action. Forms of minute of order Ki>.nis. of court, of minute on exa.'uination of witnesses, of minute of decree, and of minutes in an action for damaj^'e hy collision, will he found in the appendix hereto, Nos. 70 to 78. 214. There shall he kept in the registry a cuv.at i.ookn. caveat warrant hook, a caveat release hook, and a caveat payment hook, in which all such caveats, respectively, and the withdrawal thereof, shall Ije entered by the registrar. 215. Any solicitor may insi)ect the minute andi''?i"'«"'>"'>y caveat hooks. 21G. The parties to an action may, wliile the Hy parties, action is pending, and for uitc i/ear after its termin- ation, inspect, free of charge, all the records in the action. 217. Except as provided by the two last pre- noouui i.ur- ceding ruk.j, no person shall be entitled to ins[)t'ct^ the records in a pending action without the per- mission of the registrar. any if action ■ toiuiiuattil ; 218. In an action which is terminated person may, on payment of a search fee, inspect ^^^"■•'f'^' the records in the action. CoriEs. 219. Any person entitled to inspect any docu-'^^'"'^^^' copies ment in an action shall, on payment of the proper charges for the same, be entitled to an ofiice copy thereof under seal of the court. na 3& Rules 220-224. KorniB. 94 Exchf(pLi:r i'oiiii — AdnilraUij. Forms. 220. The forms in the appendix to these rules shall he followed with such variations as the cir- cumstances may recjuire, and any party usin,t,' any other forms shall be liable for any costs occasioned thereby. As to the t'orms of pleading appended to the Admiralty Rules of the High Court, Enojiand, it was said by Sir J. Haimen that those forms were only to ])e taken as speci- mens of the character of the pleadings, and were not to be slavishly adhered to, though the ])leader must endeavour to state tbe case in as succinct a form as possible ; oVi- serving at the same time that his decision applied (>nly t<> the particular case before him («). Fees. 221. Subject to the following rules, the fees set forth in the tables of fees in the appendix hereto shall be allowed on taxation. 222. In any proceeding instituted in the regis- try at ( )ttawa the fees to be taken by the registrar shall he paid in stamps, and the proceeds of the sale of such stamps shall be paid into the Con- S(didated Revenue Fund of Canada. 228. Where the fee is per folio, the folio shall be counted at the rate of 100 words, and every numeral, whether contained in cohnnns or other- wise written, shall be counted and charged for as a word. Haif-feeB. 224. Whcrc the sum iu dispute does not exceed i^200, or the value of the res does not exceed $400, one-half only of the fees (other than disbursements) set forth in the table hereto annexed shall be charged and allowed. (.v) n, iti.\ 8 p. n. 227. Fees. Ill rt'Wistry at OttiL.a to br ill stniiiiiN. Foliii, 10(1 woirlB. an MIMMI ■MM littles (Did Practice. 95. 225. Where costs ure awarded to a plaintiff R"^«« ''^°-'''-' - the expression "sum in dispute" sliall mean the "Sum in, and approved by His Excellency tlie Crovernor-General in Council on the 14th day of February, 1S79, and all rules of the said ]\[aritime Court of Ontario. Dated, iit Ottawa, this 5th day of Hecember, A.])., isO'i. GEO. W. r.UKBIDGE, J. i:. C. V. A. Kules. M. C. Oiitiu'in Kult's. I),- '"■{\ (»/•( (i() Sec iic'te p. 1, <'/('., iiiiil Orilirs in Cur.iR'il, j> s/. Act mm^ PliiiPiiniipiiiiPiiii APPENDIX. I- FORMS. No. 1. Title of Corirr I'V AnAliHAI.Tv ADA. (Rule i. IHule 4, Xi). X... 2. TfTLE ,,,.• Arnox rx uem. [Titir (,f ,;,,i li ] A. K, Pluiatiti: CO Tl„.,s),i,. •■■^''"■"•'* " •'') Tilt" shin ■ , . . •"•/ The ship ;""' (i-eig-ht. ;' . , '■■ i"««'.i» nf tiK. si;,-,, ' ' ' art.^^ No. [Iwre iiincrf t/ie i)aiiilii:r < ilta case nunj be]. Action for [statu iidtxirc o/ddiun (ik lit prixedinn fiirm\ Trn.E OF Action in the Name oi" the Ckown. T'ltb; iif con I't.] No. [iDncii iiamhcr (if lU'tion]. Our Sovereign L) A. B. ^c, Jhe jicrsuii or perf- snlisci'llx-il on the. irrlf. This writ may be servel on llir ]Vrll. This writ maybe served within ftci'tre iiionlli'< from the date thereof, exclusive of the day nf such date, but not afterwards. ^^^"^""'"^"'iir****^'*'™^ BB 100 Exchequer Court — Admiraltij. The defendant (or defendants) may appear hereto by entering an appearance (or appearances) either personally or by solicitor at the registry of the said court situate at Ottawa (or as the case may he). Kule? 5-20-23.1 No. 7. wlut of summoks ix personam for service out of Jurisdiction. (I..S.) [Title of court and action.] Victoria, It ^^ o grace of God, etc. To C. D., of , '" F., ot We command you that witnin (here insert the number oj (lays directed Iii/ the lu:[ie orderinn the service or notice) after the service of this writ, {or ■■ otice nf ■'I'is writ, as the case may be), on 3'ou, inclusive of thi. dav ^>i. such service, you do cause an appearance to be entered ioi yui. in our Exchequer Court of Canada, in the above-named action, and take notice that in default of your so doing the plaintiff may proceed therein, and judgment may be given in your absence. (riven at Ottawa [or as the case may be) in our said court, under the seal thereof, this day of Ls . Mcraoranduin to he ,siihscribed on Writ as in Form No. 0. Indorseiiitid to he 'made on the Writ before the issue tJoereof. N.B. — This writ is to be used where the defendant or all the defendants, or one or more defendant or defendants, is or are out of the jurisdiction. When the detendaut to be served is not a British subject, and is not in British domin- ions, notice of the writ and not the writ itself, is to be served upon him. Im iJircil residl street TJ solieif Forms. 101 No. 8. [Rules 23-24. Notice in Lieu of Writ for Service out of Jurisdic- tion. [Title of court and action.] To C. D., of Take notice that A. B., of , has commencecl an action against you, C. D,, in the Exchequer Court of Canada at Ottawa, {or in the Admiralty District, us tlie ease maybe), by writ of that court, dated the day of A.D. 18 , which writ is indorsed as follows : {Copy in full the indorsements), and you are required within days after the receipt of this notice, inclusive of the day of such receipt, to defend the said action, by causing an appearance to be entered for you in the said court to the said action, and in default of your so doing the said A. B. may proceed therein, and judgment may be given in your absence. You may appear to the said writ by entering an appear- ance personally or by your solicitor at the office of the registrar of the said court at Ottawa {or at in the Admiralty District, as the case may he). (Signed) Or A. B., of X. Y., of etc. Solicitor for A. B. No. 9. (Rules. Indorsements to be Made on the Writ before Issue THEREOF. (1) The plaintiff claims [insert description of claim as given in Form No. 10]. (2) This writ was issued by the plaintiff in person, who resides at [state plaintiff's place if residence, with name of street and number of house, if any]. or, This writ was issued by C. D.,of [st. JO.] (2) This writ was issued by A. B. [state vanw and uihh^ens (if porxon prosecutinrj in the name of the Crown, or hif< solicitor, as the case ma.i/ he.] (3) All documents required to be served upon the Crown in this action may be left at [insert address for service within three miles of the rerjlstry]. Kule 5.) No. 10. Indorsements of Claim. (1) Damage by collision : The plaintiffs as owners of the ship "Mary " ber cargo and freight, d-c., or us the case may he claim the sum of $ against the ship "/«>;fti(te the ntixic in u'hicli the nerrice uuis cfected, irlnilier on thi- nimer or on the Hhip, carqo or freiiiht, (fc, as the cane in' 16. Certificate of Seuvice to wv. Indorsed on the Wahhant AFTKU SeuVICE TnEREOF. This warrnnt was servod by {xtate In/ whom and in irhut moilr srrvice irax rtl'ectcd] ou the (lav of 18 " . (Signed) G.II., Marshal of the Admiralty District of [or, shf riff of the ciiHntii of , or (i.s tin; C(tsc may be. Knli' )(V] No. 17. Bailbond. [Title of court and dction.] ivnow all men hy these presents that we insert names, addreHHcif and descriptiomt of the sureties in full] hercliy jointly and severally submit ourselves to the jurisdiction of the said oourt, and consent that if the said [insert name (if jKirti) for who)n hail is to he (jiven, and state whether jilaintiifor defendant] . shall not pay what may bo adjudged against him m the above named action, with costs [or, for costs, if hail is to he (jiren onb/ for costs], execution may issue against us, our heirs, executors and administrators, gomls and chattels, for a sum not exceeding [state stun in letters] dollars. This bailbond was signed by \ the said and I the sureties, the day of 18 , in the registry of the Exchequer Court of Can- ada [or as the ease may lie]. Before me, E. F., Begistrar, or District Registrar, [or clerk in the registry, or Commis- sioner to take bail, or as the cise may he]. \. Siffnatnres of sureties. laaiiMiiiiiiliii ' UMWS*s'»f«'r District Registrnr . Igiven No. 23. '«"'« ''*■ Pleadings. (1) In an Aetion for danunjcs by rolUsion: a. rThe " Atlantic." J Statement of Claim. \Title of coiirl atid action. Writ issued 18 — . 1. Shortly before 7 p.m. on the ;Ust Jatuiary, 1878, tlio lu'ig "Antlies," of 231 tons register, of which the plaintil'f, George Do Garis, was then owner, whilst on a voyage from CnrdiiT to Granville, in France, laden with coals, and manned with a crew of nine hands, all told, was about tifteon miles S. E. ^ E. from the Liznrd Light. 2. The wind at that time was about E. N. E., a mode- rate breeze, the weather was tine, but slightly hazy, and the 112 Exchequer Court — Adniiralti/. tide was about slack water, and of little force. The "Anthes'' was sailing under all plain sail, close hauled on the port tack, heading about S. E. and proceeding through the water at the rate of about five knots per hour. Her proper regulation side sailing lights were duly placed and exhibited and burning brightly, and a good look-out was being kept on board of her. 3. At that time those on board the "Aiithes " observed the red light of a sailing vessel, which proved to be the "At ('I I) tic," at the distance of about from one mile and a half to two miles from the "Aathefi," and bearing about one point on her port bow. The "Avfhes" was kept close haultul by the wind on the port tack. '£he "Atlnntlc" exhibited her green light and shut in her red light, and drew a little on to the star-board bow of the "Anthcs," and she was then seen to be approaching and causing imiuediate danger of collision. The helm of the "Anthcs " was tlitreupon put hard down, but the "Atltattic," altliou<;h loudly hailed from the "Anthes," ran against and with her stem and starboard bow struck tiie starboard quarter of tlie "Antlies'' abaft the main rigging, and did her so much damage that the "Antlirs" soon afterwards sank, and was with her cargo wholly lost, and four of her hands were drowned. 4. There was no proper look-out kept on board the "Athintii-:' 5. Those on board the '^i4//(«)i/tt'" improperly neglected to take in due time proper measures for avoiding a colli- sion with the "AiU}ir>i." 6. The helm of the '' Athmtif" was ported at an im- proper time. 7. The said colli^iion, and the damages and losses con- sequent thereon, were occasioned by the ni'gligent and improper navigation of those on board the " Atht/itir." The plaintitY claims — 1. A declaration that he is entitled to the damage proceeded for. 2. The condemnation of the defendants and their bail in such damage and in costs. 3. To have an account taken of such damage with the assistance of merchants. 4. Such further or other relief as the nature of the case may require. Dated the day of 18—. (Signed) A. B., plaintitT. Stat., I H. ''l'V'Il(l;| And 7 'I. A. II , I' I F(>r)ns. 113 r>^:^-ENcE AVD Counter-claim. 1 ThP A, '^^^''^' ""f '^'^rt and action.] baraue •'"./'^'-^^^^s'To/'^ ^^'^^^ ^^ the Swedish "/"eteen hands all told ^n ' '■.'^'.'*''' '^^'•'•>'i»g a c^^-^^^^ stances hereinafter sLIed [ nd on'^^r^ «' "- ei^^u^u- , 2. A little before fi so ^'^°' *° ^^^''^'ff- 1878. the 'M// !/ ^ -^^ J'-'"-. o» the 3lqf nf T /^f u T- ^'i"ii'ir was nliniif «<•* *'^st ot January of the Lizard. The win 1 u n ^J^^^^ ^'^^s S. E h v ^ ^^.fy- The "^/a';',^ "',;;« ^- ^. E. The weau/er wa; saiK main top.alla.t 'sa "td hir^'' 'T' '"^"^ "^«^ op! r5"'''tion lights duh' ^b ^i,:;f -?^^ - hou^S;^^^ JooUnU i>e,n, keep on hoaid he, '""' '""'"'"^^ ^»<^ a good --•e-ob::.J!!:^yi;;--^-oes the red lights of two v.-ssels fi!^-^' this ordereould4\' ,,;'•; f^'^ ^^^ '"' 'Steadied but b" ./////,• rs ' """""'^P""' I-"- ™u..e „,,.„„„•,„, 'J. I IH ''\' law. "•A.A.— ,S ! -n^M wa^^t^Ts^si^^ .j.^ ^u^i.''-B;>. iLiii,JiJJH.,> 114 ]-j.rcJit'i/iii r Ci.ini — A(linir((/f//, And tliev claim as follows : — 1. Judpiment against the plaintift' and his bail for tlie damage occasioned to the defendants by the collision, and for the costs of this action. 2. To have an account taken of sucli damage with the assistance of merchants. ;?. Such further and other relief as the nature of the case may require. Dated the day of 18 (Signed) CD. itc, defendants. Title ()/ court (ind action.' The plaintill" denies the several statements contained in the statement of defence and counter-claim, or admits the several statements contained in paragraphs and of the statement of defence and counter-claim, but denies the other statements contained therein. Dated day of (Signed) 18 A.B., plaintiff. b. (Th' "Juli,, 7htvi" '■Rw.la.iou^Kj: i'le plaintiffs cJaim— «te»n;,,hi„ .■>„«;;' , ,, "" ™""';"" "f II,,,. said 'beraii, and in costs ' '""' ""= 'I'ffmlants, '■ '^t^ree'STeXr/s"' '"'' *'™«» "■■■"■ ".e ■'• ^"f »■"'■"'«'■ and otl,or relief ,, „ Mse may mjuire ""* """ir" of tli,. ''"'"' "'-^ .lay of (Signed) A.ii.*e.,p|„i,„'irt-,. IIG Exchequer Court — Adniiralti/. Defence and Counter-claim. [Title of court and action . 1. The defendants are the owners of the Belgian scrpw steamship " Julia David," of about 1,274 tons register, and worked by engines of 140 horse power nominal, with a crew of 30 hands, which left Havre on tlie '2nd of Septem- ber, 1876, with a general cargo, bound to Alicante and other ports in the Mediterranean. 2. About 2.45 a.m. of the 4th of September, 1870, the ** Julia David" in the course of her said voyage, was in the Bay of Biscay. The weather was thick with a drizzling rain, and banks of fog and a stiff breeze blowing from S.S.W., with a good deal of sea. The "Julia David " under steam alone, was steering S.S.W. J W. by bridge steering comi)ass, or S.W. i W. magnetic, and was making about five knots an hour. Her regulation lights were duly exhibited and burning brightly, and a good look-out was being kept on board her. 3. In the circunistauces aforesaid those on board the "Julia Jhirid" saw the green and masthead lights of a steam- ship, the " Sarpcdon," about two miles off, and about two points on the starboard bow. The "Julia l>arid" was kept on bur course. But ut'ttr a short time the " S'lrjirdan" oiienod her red light and caused danger of collison. The helm of the "Julia ])a>id" was thereupon put hard a-port, and her engines sto[)ped and almost immediately reversed full speed, but. nevertheless, the " Sai-jwdon" came into collision with the "Julia Ihtrid," strikmg with the port side her stem and port bow, and doing her considerable damage. 4. The vessels separated immediately. The engines of the "Julia David" were then 8top])ed, and her pumps sounded. She was making much water, and it was found necessary to turn her head away from the wind and sea. As soon as it could be done without great danper, she was steamed in the direction in which those on board hei- believed the " SurjKdtni " to be, but when day broke and no traces of the "S(ir}n'(lj Collisions at Sea." 10 The collision was occasione.l l)y some or all of the matters and thin}j;s alleged in the iJth, 7th, 8th, and 9th jiaragraphs hereof, or otherwise by tiie default of the "Sarpedon" or those on board her. 11. No blame in respect of the collision is attributable to the "./"/('( Ihi'iil" or to any of those on board her. And by way of counter-claim the defendants say that the collision caused great damage to the "Jtdiiirl — Adininiltii. notniniil, is of 'hf value of S , and was at the time of the service htreiiiafttr stated manned with a crew of twenty-three hands under the command ol George Hook 13nwn. her master. 2. At ai):)ut it a.m. on the 2,')th of .Vpril. 1H77. while the ''Asia" — which was in hallast uroceeiiin;^' on a voyage to Xikolaev to load a carfjjo of j^rjiin — was between Odessa and Ochakov, those on lioard her saw a steamship asliore on a hank situated altout ten miles to the W(^stward of Ochakov. The "Asin " immediately steamed in the direction of the distressed vessel which made signals for assistance. 3. On nearing the distressed vesscd, which proved to l)e the '' Croslni," one of tlie " .l.sv(f'.s'" boats was sent to the " Crasliy," in charge of the second mate of the " A-va," and subsequentiy the master of the " ('laili}/'' boarded the ".|.s'/((," iind at the request of the master of the 'CroHhij" the mfister of the ".Is/rf" agreed to endeavour to tow the " Crnshfi " afloat. 4. The '-Ciottlnj " at this time was fast aground, and was lying with her head about N.N.W. 5. The master of the".lsj(/" having ascertained from the master of the "Crosbif" the direction in which the '• Croshii" had got upon the bank, the "Asia" steamed up on the starboard side of the " Croshij" and was lashed to her. 6. The "Asia " then set on ahead and attempted to tow the "Cros/v// " alloat. and so continued towing without eliVct until the hawser which belonged to the "Asia" broke. 7. The masters of the two vessels being then both agreed in opinion that it would be necessary to lighten the ■Cnishij" Ixjfore she could be got afloat, it was arranged that the cargo from the "Cruslii/" should be taken on board the 'Ai^ia." 8. The "At^'ia" was again secured alongside the "Croxhij" and the hatches being taken otT i-argo wiis then discharged from the '' (/msl'ii' into the "^In'm'," and this operation was continued until about (1 p.m., by which time about lUO ton.s of such cargo had lieen so discharged. Jt. When this had been done both vessels used their steam, and the " Asi(t" tried again to get the 'Citisl'/i' oil', but without success. The "Asia" then towed with a hawser ahead of the " CntsJui." and succeeded in getting her afloat, upon which the "Crosliii" steamed to an anciiorage and then brought up. 1. ^'oiital coiTec tlje >) eoiirt mmm Fi> niis. 110 jred lU. The 'Asia" steamed after the " Crmhii" and asuiii hiuik'il alongside of lier and cointneneed puttiucj the tran- shipped cargo again on board the " Cnw/*//, " and continued doing 80 until about (5 a.m. of the 30tli of April, by which time the oi)eration was completed, and the "Croahji" and her cargo being in safety the ".Is/"" proceeded on hor voyage. 11. By the services of the plaintifYs the " C'/vWi// " and her cargo were rescued from a very dangerous and critical position, as in the event of bad weather coming on whilst she l;iy aground she would have been in very great danger of being lost with her cargo. 12. The "Asia, " encountered some risk in being lashed alongside the '•Crnsln/" and she ran risk of also getting aground and of losing her charter, the blockade of the port of NiUolaev being at the time imminent. 13. The value of the hawser of tlie 'Asi(x" broken as herein stated was $ 1-1. The "Ci'i»iUij" is an iron screw steamship of l.llN tons net. (1,4!(.S gross) register tonnage. As salved, the Cioslifi " and her cargo and freight have been agreed for the purposes of this action at the value of !? The plaintifl's claim — 1. Such an amount of salvage, regard being had to the said agreement, as the court may think lit to award. 2. The condemnation of the defendants [and their bail] in the salvage and in costs. 3. Such further and other relief as the case may require. Dated the day of , 18 . (Signed) A. B., \c., plaintiffs. ged was 100 Iheir oil', Ivser loat, 111 en Defence. [Title of court mid actlnn . 1. The defendants admit that the statement of facts coiuained in the statemtiit of claiiu is substantially correct, except that the resliipment of the cargo on board the -CrDfihij " was completed by 4 a.m. on the 30th April. '2. The defendants sulnuit to the judgment of the court to award .^uch a niocierate amount of salvage to the ■yf^iy nv nutsu w F*"-^ •^Bpiw*-- ■■-.-.*'->■ *r - 120 Exchequer Court — AtJntirulti/, plaintiffs under the circurastiinct'S aforesaid as to the !?aiJ court shall stem meet. (Signed) C. 1)., ■Sec, defendants. Reply. [Title of cnitrt itnd (ictioii]. The plaintiffs deny the stateuieiii contained in tlif 1st paragraph of the statement of defence that the shiinnent of the cargo was completed by -t a.m. on the :iOth April. Dated the day of , 18 (Signed) A. B. S:c., plaintiffs. b. (" 77a' Xeicrnstlc') St-vtemenx ok CLAnr. [Title ofi-iiurt iintl action.] Writ issued 18 1. The "Emu" is a steam tug belonging to the Whitby Steam Boat Company, of six tons register, witli engines of ■to horse-power, nominal, and was at the time of the eir- cumstanees hereinafter stated manned by a crew of five hands. 2. Just before midnight on the '2'2nd oi July, 187t3, when the " Kiini" was lying in Whitby harbour, her master was informed that a screw steamship was ashore on Kettlene.ss Point, lie at onee got up .-team, but was not able, owing to the tide, to leave the harbour till about 1. 15 a.m. of the 23rd. 3. .-Vbout 2 a.m. the "A'y/i»/ " reached the screw steam- ship, which was the " Xi'wcuslh " which was fast upon the rocks, with a hedge and warp out. The wind was abnut N., blowing fresh; the sea was smooth, but rising; tiie tide was tlood. 4. The master of the "Kniti" offered his services, which were at first declineil by the master of the " Xiic- castle"; shortly afterwards the kedge warp broke and the " Xcircastle" swung square U[ii)n the laud and more upon the rocks. The master of the "Xeirr 'stlc " then asked the master of the "Emu' to tow him off, and after some cai tot fe.s'' geiK a.s /(. and Form •i. 121 1(0, Iber lore ,-as liiUt lim- ine 1)0 V)t ', If- llie "the kome convei'-^ation it was agreed that the roixuuieratiou shouM be settktl on shore. '). About !i a.m. those on boarrl the " Emn '' got a rope from the "A'('«i'((.s//(;" on board, and began to tow. After HoniL' towing this rope broke. The tow-line of the " Xcir- nixth'" was then got on board the "Kmii," and the "Emu " kept to wing and twisting the " }>fiic/ the salvagu service, stating fli>' jfirl tiihji) in fli'in h)f the phiinfitfs, amf the cupacifij in irhich thij were srri'iil;/. 2. The sum of S has been paid by the owners of the ship, itc. [sftite name of shij> or of her properfi/ sutrrj to 124 Exchequer Court — Admiraltij. the defendants, as owners of the ship '.state name of xalr- iufj ship] , and has been accepted by them in satisfaction of their claim for salvage, but the said defendants have not paid and refused to pay any part of that sum to the plain- tiffs for their share in the said salvage services. The plaintiffs claim — 1. An equitable share of the said sum of $ , to be apportioned among them as the court shall think tit and the costs of this action. 2. Such other relief as the nature of the ease may require. Dated tbe day of 18 (Signed) A. B., kc, plaintiffs. (4) In an action for master's wages and disbursements : a (" The Princ€S6.") Statejient of Claim. [Title of court and action'^ . Writ issued 18 1. The plaintiff, on the 10th day of February, 1877, was appointed by the owner of the British barque "PW»r(.s-.v," proceeded against in this action, master of the said barque, and it was agreed between the plaintiff and the said owner that the wages of the plaintiff" a^ master should be $ per month. 2. The plaintiff acted as master of the said barque from the said 10th day of February until the 25th day of October, 1877, and there is now due to him for his wages as master during that time ♦^he sum of $ 3. The plaintiff as master of the said barque expended various sums of money for necessary disbursements on account of the said barque ; and there is now due to him ni respect of the same a balance of !? The plaintiff claims — 1. A decree pronouncing the said sums, amounting in the whole to $ . to be due to him for wages and disbursements, and directing the said vessel to be sold and the amount due to him to be paid to him out of the proceeds. 4] 'md \| I'ut b( m he] Forms. 125 2. Such further and other relief as the nature of the case may require. Dated the day of 18 (Signed) A. B., plaintiff. jded on lUim ^ages lel to id to b. (" The Xorthumhria.") Statement of Claim. [Title of court and action]. Writ issued 18 1. In or about the month of July, 1873, the plaintiff was engaged by the owners of the British ship "Xorthinn- hria " to serve on board her as her master, at wages after the rate of $ per month, and he entered into the service of the said ship as her master accordingly, and thenceforward served on board her in that capacity and at that rate of wages until he was discharged as hereina*"*'er stated. 2. When the plaii;tiff so entered into the service of the said ship she was lying at the port of North Shields in the county of Northumberland, and she thence sailed to Point de Galle, and thence to divers other ports abroad, and returned home to Cardiff, where she arrived on the 1st day of October, 1875. 3. The " North umbritt," after having received divers repairs at Cardiff, left that port on the 5th day of Novem- ber, 1875, under the command of the plaintiff on a voyage, which is thus described in the ship's articles signed by the plaintiff' and her crew before commencing the same, viz : " A voyage from Cardiff to Bahia or Pernambuco, antl any " ports or places in the Brazils, or North or South America, "United States of America, Indian, Pacific, or Atlantic '■ Oceans, China or Eastern Seas, Cape Colonies, West "Indies, or Continent of Europe, including the Meiiiter- " raneau Sea or Seas adjacent, to and fro if required for any " period not exceeding three years, but finally to a port of " discharge in the United Kingdom or Continent of "Europe." 4. The "Xorthumhria," after so leaving Cardiff, met with l>ad weather and suffered damage, and was compelled to put back to Falmouth for repairs before again proceeding on her voyage. 12() Exchequer Cuu rt — A dm Ira If//. 5. The plaintiff was ready and willing to continue in the service of the " XDrthumhriti," and to perform his duty as her master on and during the said voyage, but the defen- dants, the owners of the "Xorthiiwhria," wrongfully and without reasonable cause discharged the plaintiff' on the 23rd day of November from his employment as master, and appointed another person as niaster of the '" Xorthiim- bria" on the said voyage in the place of the plaintiff, and thereby heavy damage and loss have been sustained by the plaintiff. 6. The plaintiff, whilst he acted as master of the '■ Xorthumhria," earned his wages at the rate aforesaid; and he also, as such master, made divers disbursements on account of the "KorllininJirid " ; and there was due and owing to the plaintiff in respect of such his wages and disburse- ments, at the time of his discharge, a balance of $ , which sum the defendants without sufficient cause have neglected and refused to pay to the plaintiff. The plaintiff claims — 1. Payment of the sum of $ , the balance due to the plaintiff' for his wages and disbursements with interest thereon. 2. Ten days double pay, according to the provisions of section 187 of " The Merchant Shipping Act, 1854." 8. Damages in respect of his wrongful discharge by the defendants. •1. The condemnation of the defendants and their bail, in the amounts claimed by or found due to the plaintiff. 5. To have an account taken iwith the assistance of merchants; of the amount due to the plaintiff' in respect of the said wages and disbursements, and for damages in respect of such wrongful discharge. (j. Such further and other relief as the nature of the case may require. Dated the day of 18 (Signed) A. B., plaintiff'. It "1 rel moiit l''(iin| iiffen tiiosel /•' • (iDII.S. I'll DliFENCK. •Title iif vi>(i rt iiiiil iirfiitn] . 1. The ilHfeiulants iulmit the statements made iu the Ist, '2nil, ;k-cl and 4th paragraphs of the plaintitfs state- ment of claim. "2. Whilst the • Xdiilni mlific " was upon her voyage in the sai '. 3rd paragraph mentioned, and hefore and until she put into Falmouth, as in the said 4th paragraph men- tioned, the plaintiti" was frtquently under the iuHueuce of drink. 8. During the night of the 10th November, 1875, and the morning of the 11th November, 1875, whilst a violent gale was blowing, and the ship was iu danger, the i^iaintiflf was wholly drunk and was incapable of attending to his duty as master of the said ship ; and in conse(iuenc'e of the condition of the plaintiff much damage was done to the said ship, and the said ship was almost put ashore. 4. The damage in the 4th jiaragraph of the .statement of claim mentioned was wholly or in part occasioned by the drunken condition of the plaintiff during the said voyage from ( 'ardiff to Falmouth. 5. The defendants having received information of the above facts on the arrival of the said ship at Falmouth, and having made due inquiries concerning the same, had reasonable and probable cause to and did discharge the l)laintiff from their employment as master of the said ship on the 23rd November, 1875. «'). The plaintiff, on the 12th day of November, 1875, whilst the said ship was at Falmouth, wrongfully and im- properly tore out and destroyed certain enfiea which had liern made by the mate of the said ship in her log-book relating to said sea voyage from C.-irdiff to Falmouth ; and the plaintiff substituted in the said log-book rntrifs made by him.self with intent to conceal the true facts of said voyage from the defendants. 7. The defendants bring into court the sum of S in respect of the plaintitV's claim for wages and disburse- ments, and say that the said sum is enough to satisfy the plaintiff's said claim in that behalf. The defendants offered to pay the plaiiitiirs costs to this time in respect of lliose two causes of action. Dated the day of 18 . (Signe.l) C. !>., E. F., etc., defendants. 128 K.rchequvr Court — Adniirnlti/. Reply. [Title of covrt and actlm}.^ The plnintiif denies the several statements coutained ia the statement of defence [or as the case may he]. l>ated the day of 18 . (Signed^ A. B., plaintiff. jit ■I i- U ! (5) fii (III arln'i) fur sfdinrn's v'dfirM : SrATF.MKNT OK ClaIM. [Tifl<' of CO II rf (Hill nct'iDii]. Writ issued 18 . 1. The iilaintiff, A. B., was engaged as mate of the British Itrig " liristul," at the rate of S per month, and in pursuance of tliat engagement served as mate on board the said brig friim the daj' of 18 , to the day of 18 , and during that time as mate of the said brig earned wages amijuiiting to s . After giving credit for tlie .'Um received l)y liim on aceoiuit, as shown in the schedule hereto, there re- mains duo to him for his wages a l)alanee of $ 2. The plniutin's C. 1>.. K. F. and (i. II. were eii<:aged as al)lf seanu-n im hoard the s-aid brig, and having in [)ur- suance of that engagement served as able seamen on board the said iirig during the periods specified in the schedule hereto, earneil thereby as wages the sums set forth in the same schedule, and after giving credit for the sums received by them respeelively, on account of the said wages, there remain ilue to tiiem the foliuwing sums, namely : To ('. 1). the sum of S To K. F. '• S Tod. H. " 8 3. The plaintitTs I. K. and L. M. were engaged as ordin- ary seamen on board the said brig, and liaving served on board the same in pursuance of the said engagement during the i)eriods s])ecitied in the schedule hereto, earned thereby the sums set forth in the same schedule, and after giving credit for the sums received by them respectively, on ac- count of the said wages, there remain due to them the following sums, namely: — To I. K. the sum of .■? To L. M. '• S ^< I into J^ivisio ijciiig i fonn-y , •Varitti t'..\ Forms. Schedule REFEnnED to Above. Wages due to A. B., mate, from the the 18 , months and $ per month. S : Less received on account 129 18 , to days at V Balance due !? Vva^es due to C. D., able seaman, from the 18 , to the 18 , uiunths and days, at !? per month. Less received ou account $ : : Balance due S [So on with (lie wiifffs due to (//c iithcr i>lamtifs\. The plain titYs claim : 1. The sevtiral sums so due to them respectively with the costs of this action. 2. Such double pay as they may be entitled to under sec. 187, of The Merchant i^hipping Act, 1854. 3. Such other relief as the nature of the case may require. Dated the day of 18 (Signed) A. B., etc., plaintiffs. (6) In (in (icfion for hnttniiif}/: St.vtkment of Claim. [Title of conrf anil urt'iDn]. Writ issued 18 1. In the month of July, 1876, the Italian barque "Roma Cat( 7"n/7//.s\ 131 'Jiiiiipi.r " is a , of the i7) III 'III A'ti'iii for iiioiiiidfit; : StatF':mknt of Claim. [Titli' (if court uml (Utioii], Writ issuc'ii 18 1. The alH)VO-niinu'(l l)rigantine or vessel Britirtli ^llip l)olon<.;iiiii to the [lort of i\M;isti'ri'(l tomia^t-' (if 10'.) tons or thereat outs, ami at the tiiue of themortgagt.'hereiiiaftenueiitioiiLMl, Thomas Brock, of \^•a^ the r''gi.'y the saiil Thoraaa Brock to the plaintiff of the sum of."? , together with interest thereon at the rate of per cent per annum on or hefore the 1st tlay of July, 1877. 3. The said mortgage of the "Jintiiifr" was made hy an instrument dated tlie 4th day of July, 187<», in tlie form prescribed l)y the (!*>fh si'ction of Tin' Mrri-lmiit Sliiiipiini Act. 1851, and was duly registered in accordance with the provisions of the said Act. 4. No part of the said principal .sum or interest has heen jiaid, and there still remains due and owing to the plaintiff on the said mortgage security the principal sum of $ , together with a large sum of money for interest ani!l of sale duly registered on the Ifith December, 187(5, the said Thomas Worraker transferred his said Sith shares of the ship to George Wright, the plaintiff, for the sum of $ •1. The defendant, John Ilorlock, has had the entire management and the command of the said ship from the llth day of June, 1HC)7, down to the present time. 5. The defendant has from time to time up to and in- cluding the 24lh Septemb'^r, 1S74, rcnderi.'d accounts of the earnings of the ship to the aforementioned Thomas Wor- raker, but since tlie said '24th of Si'ptemlier, 1874, the defendant has rendered no accounts of the earnings of the ship. 0. Since the 16th December, 1870, the ship has con- tinued to trade between and , and the plaintitf has made several api)lication8 to the defendant, John Ilorlock, for an account of the earnings of the ship, but such applications have proved ineffectual. 7. The plaintiff is dissatisfied with the management of the ship, and consequently desires that she may be sold. The plaintitr ciaima — 1. That the court may direct the sale of the said ship '•Horlorl,:" 2. To have an account taken of the earnings of the said ship, and that the defendant niay be condemned in the amount which shall be found due to the plaintitr in respect thereof, and in the costs of this action. I'lie pi "t o.M ' 'filed Forms. 138 ^ 3. Such fiu-tlier or other relief aa the nature of the case may requu-e. Dated the day of 18 . (Signed) A. B., plaintiff. Defence. [Title of court and action], 1. The defendant denies the statements contained in paraf,'raph 2 of the statement of claim. 2. The defendant further says that he never at any time signed any bill of sale transferrin^; any shares whatever of the said ship " Ho dock" to the said Thomas Worraker, and further says that if any such hill was registered as alleged on the ilth June in the said 2nd paragraph (wliich the defendant denies) the same was made and registered fraudulently and without the knowledge, consent or authority of the defendant. 3. The defendant does not admit the statements con- tained in the 3rd paragraph of the statement of claim, and says that if the said Thomas Worraker transferred anj" shares of the said ship to the plaintitf as alleged (which the defendant docs not admit), he did so wrongfully and unlawfully, and that he had not possession of or any right to or in respect of said shares. 4. The defendant denies the statements contained in paragraph 5 of the statement of claim, and says that he nevor rendered any such accounts as alleged therein. 5. The defendant does not admit the statements con- tained in paragraph of the statement of claim. Dated the day of 18 . (Signed) C. D., defendant. [Title iif Cdurf 11,1(1 action] . The [)!ainlirt' denies the several statements in the state- cut of defence. l>ated the day of 18 . (Signed) A. B., , plaintiff. !^ 184 J'jiili.''jiif'r Court — A'liuir<»istei'roper accounts relating to the management and earnings of the said sliip, and such accounts are still outstanding, and unsettled between the i)laintill's and the defendant. The plaintill's claim — 1. Judgment giving possession to tlie plaintill's of the said ship and of her certificate of registry'. 2. To have an account taken, with the assistance of merchants, of the earnings of the tship. 3. A sale of the defendant's shares in the said ship. L of$ ship at of the s'n-y us sums I ; Forms. VV} 4. Payment out of tlie proceeds of such sale of the balance (if nny) found due to the plaintiffs and of the costs of this action. 5. Such further and other relief as the nature of the case may require. Dated the day of 18 . (Signed) A. B., kc, plaintiffs. endii" vnin'^s Imt. of the lUce of [lip. (10) In an Action fnr necef*m)'U'i* : Statkment of Claim. [Tiflf (if court i(ni , together with interest thereon. 2. That the defendant and his baiT lj„- condemned therein, and in co.^ts. 2. A Hiilo of the t^aid sliip, and payment of the said sums tiiid interest out of the proceeds of such sale, toiretlun- with costs. 8. Such furtli..r and other relief as the case may require. Dated the day of 18 (Signed) A. B., \-c., plaintiff-. Il ! •4f (,11) I li '<'* Act'ioii fur (''iiiflcuiudtici i>f (I sliip or C'li'i/ii, il'v'.; St.atkmknt ok Claim. Till' 'lilp or Canji) : Statkmknt of Claim. [I'itle of court and actlon\ Writ issued 18 State brief! y the circumstances of the seizure. C. D. [State name if perxon claiva'i^vi rcf^titntion] claims — The restitution of the said vessel , [and her cargo, or as the case may he] to^cUier witli costs and damages for the seizure thereof [or as the oise laay he.'] Dated the day of 18 . (Signed) C. D. ka., plaintiffs. \( on \o the if //<« Id her If I < 1,1/ (13) In a Piracy case, where the captors inteud to (ipjily for Bounty, add : A. B. further prays the Court to declare — (1) That the persons attacketl or engaged were pirates. (2) That the total number of pirates so engaged or attacked was of whom wire captured. (3) That the vessel [or vessels and boats, engaged was [or were] [ j and [ j . Dated the dav of 18 (Signed) A. B. 18S Exchequer Court — Admiraltjj. (14) Iv an Action for recover}/ of any pecv.viary forfeit are or jtenalfy: Statement of Claim. [J'itle of court and action] . Writ issued 18 State hriejly the circumstances, and the Act and section of Act under which the penalty is claimed. I, A.B., claim to have the defendant condemned in a penalt}* of $ , and in the costs of this action. Dated the day of 18 , (Signed) A.B. I{ule691. No. 2-4. Inerroqatouiks. [Title of court and action] . Interrogatories on behalf of phiintiff A.B. >)?• defendant CD. for the examination of the defendants CD. and E.F. (ir plaintiff A.B. or as the case may hc\ 1. Did not, &c. 2. Have not, &c. The defendant CD. is recj aired to answer the interroga- tories numbered The defendant E.F is rer|uired to answer the interroga- tories numbered Dated the (Signed) day of 18 A.B. nr C D. ((8 the cat/• defendant CD. Sec. . ad c.\ U.B. the No. 26. lUuloTl. \ffidavit of Discoveuy. [Title of court (i)i(l action' . T, the defendant CD. [or plaintilf A.B. &c.], make oath and say as follows : 1. I 1 ;ivt i/'. my possession or power the documents re- lating to li . u ntters in (luestioi. in this action, set forth in the first and second parts of the first schedule hereto. 2. I object to produce tne documents set forth in the second jiart of the said first scbeilule on the ground that [stttte ffroumis of (ihji'ctiun, OiK^ rcrif;/ tlic J'tirts i/.s far ax may be]. 8. I have had, but have not now, in my possession or power the documents relating to the matters in question in this action as set forth in the second schedule hereto. 4. The last mentioned documents were lust in my pos- session or power on [state tclirn]. 5 [Here state ii'lKitli'iKhi'cuiin'oft/iflust iiii'iitittinililiirii- vientt^, and In vhof^i' jHisscssion tin;/ noic arr . 6. According to the best of my knowledge, iuformatiim, and belief, I have not now ami never had in my poi'Ses-tinn, custody, or power, or iu the pi)ss((ssion, custody or power of my solicitor or agent, or of any other person or pevMins on my behalf, any (leed, account, book of account, voui'her, receipt, letter, memorandum, paper or writing, or any copy of or extract from any such document, or any otlnr d x'u- ment whatsoever, relating to the matters in question in lliis action, or any of thein. or wherein anv entry has been ^- )-.■■'■ t 1 140 Exchequer Con rt — A dm iniltij. made relative to such mattorfi, nv any of tliom, other thad and except the docuraeiUs set forth in the said first ano second schedules hereto. ScriKnii.!-; No. I. Part 1. [Hire S'-t oat ilixiiini^utH . Part 2. [Set out ildciimi'iilii]. ScHi'.nuLB No. II. [Set out ihtctimriits]. On the dav of > IS , said CD. [",• A.D. \c.| was dulv sworn to the truth , .. ,> /. »» r * n i ( .1 ■ -,>• , •. . (M-'ued) C.n. [nr A.B.I of this alhdavit at . , " '■ -■ Before mo, E.F., .^r. Itulo 72). No. 27. Noiifi-: TO I'lioitfcK. [Title iif I'liirt tuiA itctinii. Take notice that the plaintiff A. B. >»• defendant CD.] requires you to produce for liis ins|)ectit)»i, on or l)ofore tlie day of , the followinj^ docutneuts. Here discribe the tlnrninentx iT'iniifd to /*«' in-.xliiceiL] Dated day of IS (Signed; A. B., plaintiff, ,or C. D., defendant.] To CD., defendant, [or OK tlic Ciisc iiiiiif hf'.^ It I KuIuT4). No. 2S. NoTicK TO AiiArir Documents. [Tiflr iif CDii rt mill iirtiml' . Take notice that the [)laintitV, A. li. or defendant CD.J in this action propo-ses to adduce in L-vidiiice the several To Fanns. HI documents lienundcr spt'citied, and tliat tlio snme may be inBpocteil by the defendant or plaiutitT , liis solicitor or aRt-nt, at on , txtwccn the hours of and ; and the defendant [or plaintitT; is hereby required, within /'(ir^/z-ci'//// hoiira from the last mentioned hour, to admit that such of the said documents as are specified as ori^'inals were respectively written, signed or executed, as they purport respectively to have been ; tliat such us are spccifuMl as copies are true copies; nnd that sucli documents as are stated t>)have been served, sent, or dilivered. were k(j served, sent or delivered respectively ; saving all just excerptions to the admissibility of all such docunienlH as evidence in this action. Description of DocnmentB. [Ili'rt lirit-'li/ ilfiiirilic docunu'iitii] . DatuH. (I) Oiiiihiiih. ■//.')v r.tdtf the lUtte of each diicutiii'iit . Tinu> anil iikuIc of service or tlflivrry, Ac. ' //('(V sliilr uliflUiV tilt iiriiiiiiiil iir (( (lujilii-iili' )iiiit ni-iil liij ;"l^^ or tnvi'il I'f (/(7ii rri'i/. mill u'hi'ii mid tiij wliiiiii . Dated the day of is (Signod) .\. 1!., phiintilV <'/• CM)., (Ufendant; ToC. D., defendant, [or (IS tlir rilft rail ft mill iirl'iiiii . Take noticethat the plaintilY A. 1!. [../• defendant (". IM. demands admission of the under mentioned facts, saving all just exceptions. 1. ) [Hi'n stiili- hricjli/ (fir flirts iif n'liicli (tilmissiun /\ 2. ) lIvllKlUill-ll], Dated the day of Is . (Si),'i)eil) A. li., plaintitT [or C D., defendant . To €. D., deft iidant, [or rtN thf i-use may he]. 142 Exchequer Caiirt — Ad in I nil fi/. liiileNll. Xo. 30. NoTifE iJi-' Motion, (Title of coiiit mul dction). Take notice that on {st'itr ilnij of week) the ilav of , the phii/itiff (or defondant) will (by coiinKf'l, ')/■ \e sjxcijii il). Dated the day of 18 . (Sif^ued) A. U., plaintiir (or C. D., defendant). lilll.sOl. X'l- 1^1- NoTicr. OK TKNDrni. I Title nfrniirt and oetioii). Take notice that I have paid into court, and tender in satisfaction of the phiintitT's claim {or, nxthr eose nio;/ hi) if till ti niler is for costs iilso, uilil inchidiM<,' coHtw,) the sum of (state HHiii tendered both in letters u ml fujiires, and on U'liilt terms, ifum/. tlir tnnli r is made). Dated the day of 18 ^Signed) C. D., defendant. l C( oat or '" ituiu Nil. No. 82. Notice .Acceptinc* ou Rejectinu Tenukk. [Title of n, net a ml iietum]. Take notice that 1 accept [«/• reject] the tender made by the defendant in this action. Dated the Jay of 18 . (Signed) A. B., plaintiff. r tl'llti] Forms. No. 38. lNTEUPHETEIi'8 OaTII. 148 IRulfci,'.'. You swear that you are well aoqnainted with the Eng- lish and laiiffuagfcs [or <(s the ensf ^^(i/'lx'] and that 3'ou will faithfully interinx't between the court and the witnesses. So help you God. No. 34. "Kule U3. Appointment to Auministku O.vths. (1) In Admiralty proceed huii^ generally : (L.S.) [Title of court]. To [State name and addref^s of Coiiiiuissioiier]. I hereby appoint you to be a Commissioner to administer oaths in all Admiralty proceedings in this court. (Signed) A.B., Judge or Local Jiuhje in Admiralty. (2) In any particular proceed inrj : (L.S.) [Title of court and action]. To [State name and address of appointee], I herel)y authorize you to administer an oath [or oatlis as the case vuty he] to [state name of person or pcrsiin.'^ f(i xrlioin, ami proeciiH oif in whivh Oi'e oath is to hi' administered, or as the (■((•>•(' niay he], (Signed) A. B., Judijc, or Local Judge in Admiralty. py lift". No. 36. '""1^ '■>*■ FoKM OF Oatu to be Administeued to a Witness. You swear that the evidence given by you shall be the truth, the whole truth, and nothing but the truth. So help you God. 144 Exclieqner Court — Admiraltij, FouM or Dkclaiiation in Liki* of Oath. I flolciiinly promise aiiii docliire that tlm evidence given by me sliiill be the truth, the whole truth, luul nothing but the truth. FoiiM OF Oath to hk Ahminihteukd to a Dki'onf.nt. You swear that thiK is your name and handwriting, and that the contents of this atli lavit are true. So help you God. FoiiM OF Dkclaiiation in I.ii;r or Oath to ue made uv A hll'ONKNT. Isolemnly declare that this is my name and handwriting, and that the contents of this deposition are true. Uule(»|. ^<>- 3"- KllUM OF JlUAT. \\Vli('rt Ih'iKiiiiDf is siciini /'// I ii/t'fjir(fii(t(in]. On tlje day of 18 , the aaiil A. B. was duly 8Worn to the truth of this aOi- davit by the interiiretatinii of C. D., who was previously sworn, that he was well ac- quainted with the Kn<.;liHh ^ (Signed) and languages, {r as flu raw way he), at o'clock in the noon. (Signed) E. F., Rvjisti'ai' or lUstricf Rccjixtrar. No. 8!». iBuIelW. Commission to Examine Witnesses. (l.s.) [Title of court and action], Victoria, iVc. To ls^/^' name and addresi of commiH$ioner,\ Greeting : Whereas the Judge of our Exchequer Court of Canada, or the Lucid Jvdijr in Admiralty c/ tite K.i:cla'<]iier Ciatrt for tlif Adiiiiridfy JUKtriit nf ; has decreed that a oummissiou shall be issued for the examination of wit- nesses in the above named action. We, therefore, hereby authorize you, upon the day of 18 , at , in the presence of the parties, their counsel, and solicitors, or, in the absence of any of them, to swear the witnesses who shall be produced before you for exam- ination in the said action, and cause them to be examined, and their evidence to be reduced into writing;, We further authorize you to adjourn, if necessary, the said examination from time to time, and from place to place, as you may fnid expedient. And we comiunnd you, upon the examina- tion bving completed, to trauHuiit the evidence duly certi- fied, together with this commission, to the registry of our said court at Given at , in our said court, under the seal thereof, this day of 18 . (Signed) " E. P., Registrar, or District Registrar. Commission to examine witnesses. Taken out by n.A.A.— 10 Ml' 140 l'j.i(/n'(/iiir Ci)i(ii Admiral fi/. U.1I.-I07I ^o. 40. RRTimN TO Commission to Examine WrrNKSHEa. I Title of roiirt itiul urtioii], I, A. 13., tlu' coraiuissioner nanji-il in tin- coinmirtaion hereto nnnoxttl, bearinp date the Jay of 18 , hereby certify as follows : — (1) On the (lay of 18 , I ojuned the said commisBion at , and in the presence of sinto who n-rro pti'Sinit, ithetlier hotit ptirties, their rmtnail, or solicitors, or as the nise iintij he, administered an oath to and caused to he examined the under named witnensis who were produced before me on behalf of the stuif irh>'th>'r ItldiiititI' or tlcft'tuhnt to give evidence in the above namo'l action, viz.: — Ilirr stuff iiiiiiu' of iritnrsites.l (2) On the day of 18 , I |)rocLodeil with the examinations at the same place or, ot soiiv other jihtce, 'IS the msc mail lie, and in the presence of .^tatr iiho were present, as ahore , administered an oath tn and caused to be examined the under-named witnesses who were produced before me on behalf of state whether ))hniitiff or defendant to fiive evidence in the said action, viz.: \ State names of witnesses] . (8) Annexed hereto is the evidence of all the said wit- nesses eertitied by me to be correct. Dated the day of 1 M . (Signed) (J. II., CommisHioner 'H Kiile lOUl No. II. SnouTHANn Writer's Oatu. You swear that you will faithfully report the evideuc of the witnesses to be produced in this action. So help yon (Ion. Forma. \\\e\- 147 Kille 114. No. 42. Notice ok Tiiul. {Title of court ami iU'tvm\ Take notice tlint I set down tbia iiction for trial. Dated the day of 18 (Sifined) A. B., plaintiff, or C. 1). defendant) . No. 48. '"'"•"•" HEdisriiAU's Kei'out. (l.h.) [Title iif ciiart and (iitimi]. To the Honourable the Judgi' of the Exchequer Court of Canada or to the Honourable the Local Jud-^o in Admiralty of the Exchequer Court for the .\duiiralty district of Whereas by your decree of the 18 you were pleased to pronounce in favour of the plaintiff [or defendant] and to condemn the defendant [or plaintitT] and the ship [or oh tlir runt' imni he] in the amount to be found due to the plaintiff [<>;' defendant] [and in costs], and you were furtlier pleased to order that an account should be taken, and to refer the same to the rcfiistrar [assisted by merchants] to report the amount due. Now, I do report that I have [with the assistance ot //('/v stnti; nuiiu's mill 'liscrijifKiii of ussrssurs, if nii//] care- fully examined the accounts and vouchers and the proofs brought in by the plaintiff [or defendant] in Kupport «)f his claim [or counter-claim], and having; on the day of , heard the evidence of [>/<(/«' nomrt] who were examined as witnesses on behalf of the plaintiff and of [stiiir ltd oil s] wlio were examined as witnesses on behalf of the defendant, [and having heard the solicitors (<*/• counsel) on both sides, or us I/,, ms, ,,iii>i /«/ |, I find that there is due to the plaintiff [m- defendant] the sum ot $ , [utotv KV'tii in litti r-s mill fiiivris] together with interest thereon as stated in the schedule hereto aiuiexed. I am also of opinion that the plaintiff" [or defendant] is • utitled to the costs of this reference [nr ((.x ///r <(».>•<■ minf h> I. Dated (Signed) Registrar 18 . E. F., (ir District Hegistrar. IMAGE EVALUATION TEST TARGET (MT-3) V] ^ /}. A. VI -c'l ' ^ pb^ <» V 6^ 23 WEST MAIN STREET WEBSTER, NY. 14S80 (716) 872-4503 #- .♦^ ^' / ^ '^ Q< -t. I' s- 148 lit til Exchequer Court-— AdmiraU/j. Schedule annexed to the foregoing report. No. 1 2 3 4 5 lie. ; [Here state as hr'ieflii as 'pos- sible the several items of the claim \vith the amount claimed and alloveil on each item iu the columns for li"'ires opposite the item]. Total - - With in<:erest thereon from the 18 , at the rate of ^' paid. Claimed Allowed. « Cts. $ Cts. j 1 Lie day of per cent, per annum until (Signed) E. F., Registrar or District Registrar. J" Kulel 4'Jl. No. 44. Commission of Appr.msement. (l.s.) [Title of court and action\ Victoria, Etc. To the marshal of our Admiralty district of [or the sheriff of the county of , or as the case may he], greeting: Whereas the judge of our said court [or the local judge in Admiralty of our said court for the Admiralty district of '] has ori'ered that [state whether ship or cargo the Cor Forms. 149 and state name of skip awl, if part only of cargo, state luhat part] shall be appraised. We, therefore, hereby command you to reduce into writing an inventory of the said (ship or cargo, etc., as the case may be), and having chosen one or more experienced person or persons, to swear him or them to appraise the same according to the true value thereof, and upon a cer- tificate of such value having been reduced into writing, and signed by yourself and by the appraiser or appraisers, to file the same in the registry of our said court, together with this commission. Given at , in our t^aid couit, under the seal thereof, this day of 18 (Signed) E. F., Registrar or District Registrar. Commission of appraisement. Taken out by I may kudge lict of car(jo No. 45. "'»•« "»• Commission of Sale. (l.s.) [Title of court ond action']. Victoria, etc. To the marshal of our Admiralty district of {or the sheritf, etc., (is in Form Xo. 44), greeting : Whereas the judge of our said court (or the local judge, etc., as in Form Xo. 44) has ordered that (state aJather sJdp or car(fi> ami stute no. me of ■'^hip, und if port nidy of cd.njo, what part) shall be sold. We, therefore, hereby command you to reduce into writing an inventory of the said (ship or cargo, etc., os the cn^e may hf), and to cause the said (ship or cargo, etc.), to be sold by public auction for the highest price that can be obtained for the same. And we further command you, as soon as the sale has been completed, to pay the proceeds arising therefrom into our said court, and to file an account sale signed by you, together with this commisBion. Given at , in our said court, under the seal thereof, this day of 18 (Signed) E. F. Registrar or District Registrar. Commission of sale. Taken out by . ^ma 'i if'' m'- {■■•i-> lat §1 w Is" 150 Ejchequer Court — Adniiralt//. Rule 1491. No. 46. Commission of Appraisement and Bale, (l.s.) [Title of court and action]. Victoria, etc To the marshal of our Admu'alty district of (or the sheriff, etc., a.i in Form A^o. 44), greeting : Whereas the judge of our said court (or the local judge, etc., (iM iv Form N'o. 44) has ordered that {state whether ship or cargo, and state name of shi2y, and if part only of cargo, what part) shall be sold. We, therefore, hereby command you to reduce into writing an inventory of the said (ship or cargo, etc., as the aye muff he), and having chosen one or more experienced person or persons to swear him or them to appraise the same according to the true value thereof, and when a certificate of such value has been reduced into writing and signed by yoursi it and by the appraiser or appraisers, to cause the said [ship or cargo, etc., as the case may he] to be sold by public auction for the highest price, not under the appraised value thereof, that can be obtained for the same. And we further command you, as soon as the sale has been completed, to pay the proceeds arising therefrom into our said court, and to file the said certificate of appraise- ment and an account sale signed by you, together with this commission. Given at , in our said court, under the seal thereof, this day of 18 . (Signed) E.F. Registrar or District Registrar. Commission of appraisement and sale. Taken out by It > h i Kule H9J. (L.S.) No. 47. Commission of Removal. [Title of action], Victoria, &c. To the Marshal of our Admiralty district of [or the sheriff, cSjc, as in form No. 44.] Greeting: Whereas the judge of our said court [or the Local Judge, A-c, as in Form No. 44] has ordered that the [state iiiiiii Forms. 151 name and cleacription of ship] shall be removed from to ou a policy of insurance in the sum of $ , being deposited in the registry of our said court ; and whereas a policy of insurance for the said sum has been so deposited. We, therefore, hereby command you to cause the said ship to be removed accordingly. An d we further command you, as soon as the removal has been completed, to file a certificate thereof, signed by you in the said registry, together with this commission. Given at , in our said court, under the seal thereof, this day of 18 (Signed) E. F., Registrar or District Registrar. Commission of removal. Taken out by Local {state No. 48. Commission for Discharge of Cargo. I Rule 149. (l.s.) [Title of court and action]. Victoria, &c. To the marshal of our Admiralty district of [or the sherift'&c, as in Form No. 44]. Greeting : Whereas the Judge of our said court [or the Local Judge, &c., as in Form No. 44] has ordered that the cargo of the ship shall be discharged. We therefore, hereby commaud you to discharge the said cargo from on board the said ship, and to put the same into some fit and proper place of deposit. And we further command you, as soon as the discharge of the said cargo has been completed, to file your certificate thereof in the registry of our said court, together with this commission. Given at thereof, this in our said court, under the seal day of 18 . (Signed) E. F. Registrar or District Registrar. Commission for discharge of cargo. Taken out bv 152 Exchequer Court — Admiralitj. Bule 149). (L.8.) No. 49. Commission for Demolition and Sale. (In a Slave Trade case.) {Title of covert and (iction\ Victoria, &c. To the marshal of our Admiralty district of {or the sheriff, etc., as in Form No. 44). Greeting : We hereby command you, in pursurance of a decree of the judge of our said court {or the Local Judge, etc., a-^ in Form iVo. 4-4-) to that effect, to cause the tonnage of the vessel to be ascertained by Rule No. 1 of the 2l8t section of The Merchant Shippiuff Act, 1854, {or lit/ .^lu^h rale a>i shall, for the time being be in force for the admrasitre- ment of British vessels), and further to cause the said vessel to be broken up, and the materials thereof to be publicly sold in separate parts (together with her cargo '/ any) for the highest price that can be obtained for the same. And we further command you, as soon as the sale has been completed, to pay the proceeds arising therefro^^' into our said court, and to file an account sale signed l you, and a certificate signed by you of the admeasurement and tonnage of the vessel, together with this commission. Given at , in the said court, under the seal thereof, this day of 18 . (Signed) E. F. Registrar or District Registrar. Commission for demolition and sale. Taken out by llule 1541. No. 50. Order for Inspection. [Title (f court and action]. On the day of 18 Before Judge, etc. The judge, on the application of {state whether plaintiff or defendant) ordered that the ship should be in- spected by {utate whether bi/ the marshal or hy the ass.'sxors of the court, or as the case may he), and that a report in abo\ jud<,' the the Judyi ^ seal Forms. 153 writing of the inspection should be lodged by him (or them) in the registry. (Signed) E. F., Registrar or District Registrar. No. 51 [UuIeloS. Notice of Discontinuance. [Title of court and action]. Take notice that this action is discontinued. Dated tbe day of 18 (Signed) A. B., plaintiff. No. 52 |Rulel55. Notice to Entkr Judgment fob Costs. [Title of court und action]. Take notice that 1 apply to have judgment entored for my costs in this action. Dated the day of 18 (Signed) C. D., defendant. Lrar. liiiti^ \e in- L-t i« No. 53. Notice of Motion on Appeal. lUulo 159. In the Exchequer Court of Canada. In Admiralty. Between A. B., plaintiff; and C. D., defendant. Take notice that this Honourable Court will be moved on the day of 18 , or so soon thereafter as counsel can be heard, on behalf of the above named plaintiff A. B. {or ihfendant C. i .), that the judgment {or order) of the Local Judge in Admiralty for the Admiralty District of made herein and dated the day of 18 , {or if only part of the Judgment or order is appealed from say) that so much of the " ' '':'mm»i^!iirmmmimim^ 154 Exchequer Court — Admiralty. judgment {or order) of the Local Judge in Admiralty for the Admiraltj' District of mude herein and dated the day of 18, as adjudges {or directs or orders as the C(ikp mny he) that (here net oat the part or jmrts of the judrpncnt or order which are appealed friDto may he reversed {or rescinded) and that — {here K't out th'- rclirf or remedy, if any, soujht) and that the costs of this appeal, and hefore the Local Judge in Admiralty, may he paid by the to the Dated, etc. Yours, etc., X. Y., Solicitor, etc., or, Agent, etc. (To the above named defendant), (or plaintiff) and to , his solicitor or agent. ii MuloHT]. No. Sir,- No. 54. Eeceivahle Order. Registry of the Exchequer Cou'-t of Canada {or, for the Admiralty District of ) 18 [Title of court and action]. I have to request that you will receive from {state narie of person paying in the money) the sum of dollars on account in the above named action, and place the same to the credit of the account of the Registrar of the Ex- chequer Court of Canada {or, for the Admiralty District of )• (Signed) E. F., Registrar, or District Registrar. To the Manager of {state name or style of hank to which the pay- ment is to he made), or, To the Deputy of the Minister of Finance and Receiver-General of Canada. Forms. 155 No. 55. i""''e 179. Order for Payment out of Court. [Title of court and action], I, , Judge of the Exchequer Court of Canada {or, as the case may fie), hereby order payment of the sum of (state sum in letters and figures), being the amount (state ivl tether found due for damagen or ro.s/.s, or tendered in the action or, roceeds of sale of ship, &c., or as the case may he) now remaining in court. Dated the day of 18 Witness, (Signed) J. K., E.F., Judge. Registrar, (nr as the case may he), (rr District R"(f>str)ir, No. 5(j. Notice for Caveat Warrant. [Kule JrtO [Title of court, or title of court and action]. Take notice that I, A.B., of apply for a caveat against the issue of any warrant for the arrest of [state name and nature of property] , and I undertake, within three days after being required to do so, to give bail to any action or counter-claim that may have been or may be brought against the same in this court in a sum not exceed- ing 'state sum in letters] dollars, or to pay Guch sum into court. My address for service is Dated the day of 18 (Signed) A.B. ktrav. No. 57. ^""''■■'**- Caveat Warrant. [Title of court, or title of court and dcftoii]. [State Xarae of Ship, t(:c.] Caveat entered this day of 18 . against the issue of any warrant for the arrest of [state II 1 I I 166 Exchequer Court-^Adininilf//. name and nature uf pnqv'vfii'] without notice being first given to {4ate name and address of pcrmii to ivhom, nml address at ^vhirh, aoficf Is to he i/irfii], who has undertaken to give bail to any action or counter-claim that may have been or may be brought in the said "court against the said [fitat'' iianic a ml iiaturc of jmipcrty]. On withdrawal of ctu'ont add: — Caveat withdrawn the dav of 18 iiii HulelHll. No. 68. Notice foh Cavkat Releasd. [Title of court ■i/nd action]. Take notice that I, A.B,. plaintiff [or defendant] iu the above named action, apply for a caveat against the release of [.s'^'^' lui.mj', a/ad nature ef prerpeiiy']. [If the p>erson applyinff for the caveat is not a, ii"rf>/ to the. action, he must also state his address < nut an (/'/'//•'■.vy foe serrice witliin three miles of the reijistri/]. Dated the day of 18 . (Signed) A.B. Kule 1811. No. 59. Caveat Eelease. [Title of court and action]. Caveat entered this day of 18 , ajiainst the issue of any release of [state name and mitnre (f property] by [i^tate name (tndaddre.''.^;n;/o.4 °f °f ,*^,« proceeds of the sale 'f '^r-1 now remaining in fourV ••f,;^^'^^'*^«^^^«'H.o/i'^°^^ g^en to [.Stat, name ZdZ?J. '*^?"' '^^''ce being S -^^ ;- ^'^ ^^fuo;, noti^^l:^!;'^^,^ person ^0 ^^}.Z, ^5^ Caveat withdrawn this day of iQ tRnIe 187. No. 62. ~.:«,rr°;S^^S7/**" '"^ caveat r.„„,, ,„;„„. Dated the <,,y„/ ^^ (Signed) ^g li :<: m 15H Rulul80|. (L.8.) Excheijuer (U)iirt — AtJ mil (lift/. No. 63. SUBP(KSA. [TitU of amrf tiiu/ ndioii]. Victoria, etc. To Greeting : We command you that, all other things set aside, you appear in person before the judge [..'»• the regis- trar, or G.H., a commissioner appointed by an oider of our said court] at on the day of 18 , at o'clock in the noon of the same day, and so from day to day as may be required, and give evidence in the above named action. And herein fail not at your peril. Given at , in our said court, under the seal thereof, this day of , 18 . Subpcena. Taken out by Rulo 189). No. 64. SUBPIENA DUCES TECUM. The same as the jirccedinrf form, luliUnr) before the words " And herein fa.l not at your peril," the wordsi " and that you bring with you for production before the said judge {or registrar or commissioner, ox the cd.'ic inru/ he) the fol- lowing documents, viz., {Here state tlic doc inn cots rcqairt'd to Iw produced). Rule 192J. (L.8.) No. 6.5. Order for Payment. {Title, of court and (ictioi}\ On the day of , 18 Before , Judge, etc., {or local Judge of the Admiralty district of ). It is ordered that A. B. (plaintiff or defendant, &c.), do pay to C. D. (defendant or plaintiff, &c.,) within day.'i from the date hereof the sum of $ to lu. ^''"nii.s. loO ^'e«-tnu-.. District Registrar. (i-.s.) No. 66. Att.acii.vknt """" '"•'• . }\herea8 the judge of on,. • , ^^ Sreetinq- .. . anS ferh^X^"" '" ""-'■ ' e said Given at tJiereof, this Attaehmeut. Taken out by ,,„.-o.u.,a.,I court, unde/tl.;;., (Signed) jj p Registrar .vDi.strict'kegistnu-. (r..s.) Ifulo JM. No. 67. Order for Co.M.MrrT.,L. On the day of ^'"-'' Before * > 18 . / Jutige, etc •-ontempt of court in that 160 Exchequer Court — Admiralty. {state in what the contempt consists) and, having been this day brought before the judge on attachqaent, peraista in bia said contempt, it ia now ordered, that he be committed ito prison for the term of from the date hereof, or until he ahall clear himself from his said contempt. (Signed) E. F., Registrar or District Registrar. Rule 194]. To No. 68. Committal. [Title of court]. Receive into your custody the body {or bodies) of herewith sent to you, for the cause hereinunder written ; that is to say, For {■■^tate hriefly the [/round of attachment). Dated the day of , 18 . (Signed) J. K., Witness, Judge, etc. E. F., (or local judge in Admiralty for the Registrar Admiralty district of ). or District Registrar. Kulc 202). No. 69. Minute on filing any Document. [Title of court and action]. I, A. B., {state whether pl'^intif or defendant), file the follo"*ing documents, viz. : {Here describe the documents filed). Dated the day of , 18 . (Signed) A. B. be). For ms. • No. 70. ^^''^'^ '^f court an,l action). ^" '^^ day of le Before , 18 Ul U0imm,«^ Forms. 168 Admiralty. ^^" Majesty in Her office of (5) Decree in action for .;„,,,,.,• The judge haviu. heard o^ ''■;"^"" •■ of the shin ° "earci, i\:c., dpcr^pd fv-o* flavins forfeit«l Te •'b .";■ °";"'"P"'^'' ""^ sail v,!, "lin, iff;:: V' 164 Exchequer Court — Admiralty. tion) of the vessel was inevitable or otherwise under the circumstances proper and justifiable. (7) Decree of rest it lit ion in o. slare trade action: The judge having heard, ttc, pronounced that it had not been proved that the vessel was engaged in or fitted out for the slave trade, and ordered that the said vessel should be restored to the claimant, together with the goods and effects on board thereof : a to the r^ trtr ^'•' /'"/^ ''^^'"^"•ed ehants) to reijor/ .,, ^ (assisted by mer- f"ataiiacc:S,^^j;!;;-;^^.;'-andc;rdS '» S'lpport thereof, sho , C •■' T'''".?'?'^ l^^'^^^^ ^'^'F ^^^'^eH a,Ulr... f,,. \ ^^'^t^;'^ « report, etc. J'%>(/>,y:,;: ^"'r- "^-^rrf address for ser- - ^f he sewed on thede- T/^^ ;^''''^^>^<^nfs're,' ^rrr.d on the P^" ml ink 8 1.5 n.hrt\ •e miniitfs fire t^iven ns snd: ill otiiers 11(1(1 S llliUiV of t IJleadings Imve ;f.„ , . """V or t icso mill,,. '"V" ""Ji^ 'lave E -i It ! 168 Exchequer Court — Adiiiirdlfij. 11. TABLES OF FEES to re taken nv the Eegistrabs, Maushals />nd Practjtionkrs, Ac, in Admiralty Proceedings in the Exchequer Court of Canada. I. — Bv THE Registrar. 1. For si'iiliiiij or i>rii>iirin '''"''" °'' defence. T ^^ every foiio ^g^-ossmg any document for 01- jnten-ogSe °or „'° w^; """ "'"'" " ' F™« 00 20 10 00 00 00 00 For taking instructions for brief . (From P.vof.'^'^i^'^*'^^"* counsel ■II '.vith cniinoci ^ ' 2 4 00 CO 00 ith counsej ^i without counsel"..".' -4 00 For attendance flMim * • i J ;; ^ 00 ince at the tnaJ, for each day ' From For attendance at the deliverv nf • 7 '^'« served "ea\eiy of judgment, if re- For attenc 4 00 12 00 If with counsel i^xom W without counsel f'prom ^'or any other necessa.-v nff ^ ''l^o oi- in the reS m.^ 'i?'^'''"'' ^^' the jud 00 or answers, \c i To '20 00 Foranv neeessarv consultation in the course 'From 5 00 of" the action iTo 10 00 -p .. (From 5 00 r or any motion - r,- ,_ ,^^ •' I lo lo 00 For the examination of witnesses before the ' From 10 00 trial, for each day "I'l'o 20 00 For the trial of an uncoiitested action 10 00 For the trial of a contested action, for the 'From 15 00 first day iTo j"0 00 T? 1 J ti LI f L (From 10 00 for each dav after the first ■.,,, o- ni> ( 1 2d 00 T? ii J- • 1 i T 1 (From 5 00 r or attending judgment if reserved ■ ,., .^ ^., For the hearing of a reference to the regis- ( From 10 00 trar, for eacli day \To 25 00 Note.— Where the s^anie pniptitioner acts aa both counsel and solicitor, he uuiy, for any ]/nici't(linj^ in which k counsel's fee niij^lit be allowed, chart-'e such fee in lieu ot a solicitor's fc.'. IX. — By Shokthani) WniTERs. For taking down and transcribing the evidence, certifying the transcript and transmitting the same to the registrar and supplying three copies thereof to the registrar, per folio Jti If for any reason the evidence is not required to be transcribed, for each hour occupied by the ex- amination ] Such fees shall in the first instance be paid to the registrar for the shorthand writer by the party calling the witness. 20 Fees. 173 If any such fee is not paid l)y the party liable there- for it may lie paid hy any other party ti) the proceeding and allowed as a neeessary dislmrse- nient in the cause, or the jiid^je may make such order in respect of such evidence and the dis- posal of the action or proceedini^ as to him seems just. .Voft'.— If uviilciice is tiiUen ilowii liy a slinrtlmiul writer no foe for taking; down and ccrtifyinj^ to such evidi-Mice shall be allowed to the retjia- trar or commissioner. X. — By Witxksses. To witness residing not more than three miles from the place to which summoned, per day $ 1 00 To witnesses residing over three miles from such place 1 25 Barristers and attorneys and solicitors, physicians and surgeons, when called upon to give evidence in consequence of any professional service ren- dered hy them, or to give opinions 5 00 Engineers and surveyors, when called u))on to give evidence of any professional service rendered by them, or to give evidence depending upon their skill or judgment, per day 5 00 If the witnesses attend in one cause only, they will be entitled to the full allowance. If they attend in more than one cause they will be entitled to a proportionate part in each cause only. The travelling expenses of witnesses over ten miles, shall be allowed according to the sums reason- ably and actually paid, but in no case shall exceed ten cents per mile travelled. le ORDERS IN COUNCIL APPROVING OF RULES, Etc. The following public documents, Imperial and Cana- dian, appeared in the Canada Gazette of June 10, 18!)3, preceded by a Public Notice of the Honourable the Secretary of State, Gth June, 1893, to the effect that His Excellency the Governor -General in Council, and Her Majesty in Council, had approved of the General Rules and Ordertj regulating the Practice and Procedure (includ- ing fees and costs), of tlie Exchequer Court of Canada in the exercise of its jurisdiction, powers and authorities as a Court of Admiralty, being the General Rules and Orders set forth in the preceding pages : — Certified Cojjy of a Report of a Committee of the Honour- able the Privy Council, approved by His Excellency the Governor-General in Council, on the lOtli December, 1892. On a report dated fith December, 1892, from the Min- ister ol Justice submitting for Your Excellency's consider- ation certain general rules and orders, made by the judge of the Exchequer Court of Canada on the 5th December instant, for regulating the practice and procedure in that court in Admiralty cases. These rules and orders, under the provisions of section 25 of The Admiralty Act, 1891, require the approval of Your Exccllenc}' in Council, and under the provisions of section 7 of The Colonial Courts of Admiralti/ Act, 1890, they will not come into operation ysitJiMm^uaUmam mmf ■MB PII|i|l|,Hjl||,,,!illL.Ji,|, Orders in Council. 176 as a ■(.lei-s until they have been approved also by Her Majesty in Council. The Minister is of opinion that they are such itS should receive approval of Your Excellency in Council, and he recommends accordingly. The Minister further recommends that a copy of them be transmitted to the Right Honourable Her Majesty's Principal Secretary of State for tbe Colonies with a request that he will cause them to be submitted to Her Majesty in Council for approval. The Minister further suggests that in the Despatch transmitting these rules and orders, attention be called, with a view to such action thereunder as to Her Majesty in Council may seem proper, to the provisions of sub-section 2 of section 7 of The Colonial Coitrts of Admirnlty Act under which Her Majesty in Council may, in approving rules made under tbe section, declare that rules with respect to any matters which appear to Her Majesty to be matters of detail or of local concern may be revoked, varied or added to, without the approval required by the section The Committee advise that Your Excellency l»o moved to take action in the sense of the recommendation of tbe Minister of Justice. All of which is respectfully submitted for Your Excel- lency's approval. JOHN J. McCtEE, Clerk of (lie I'ririj Ccinicil. To tbe Honourable The IMinisterof Justice. fembev that in under , 1891, U, and )/() 78 oj leration Downing 8tj!EET, (ith April, 1808 My Lord, — I have the honour to transmit to you, with reference to your despatch, No. 331, of the 14th of Decem- ber, an Order of Her Majesty in Council approving the §{' m 170 Exchequer Court — Admiralty. rules of Court regulating the practice and procedure in Admiralty cases in the Exchequer Court of Canada. I have, etc., (Sd.) K. H. MEADE, For the S. of S. The Officer Administering The Government of Canada. Date. Description of Document. loth March . Order of Her Majesty in Council (4 spare copies). AT THE COURT AT WINDSOR, The 15th day of March, 1893. PRESENT : THE QUEEN'S MOST EXCELLENT MAJESTY. Lord Presidpjnt, Lord Chami'erlain, Mr. Bryce. Whereas there icits fliis (hti/ read at the Board a Memorial from tlic lihiht IloiKiurahlc the Lordn Commissioners of the A'lmiraUji, dated the '2-i.th da;/ of Feb r nary, 1893, in the words foHowiiiii, vi:. : — " Whereas by an. Act passed in tlie fifty-fourth year of Your Majesty's reign, entitled, ' The Colonial Courts of Admiralti/ Act, 1890,' it was, amongst other things, provided that Rules of Court for regulating the procedure and practice (including fees and costs) in a court iu a British possession ^''^lers in Council. -■- ^'^nncit. -_ m the exercise of th ■ • authority and i„ *i„ ''""""«. may be made bv (!,« P™cticefp„oed:„. ee:T„d7"°" "' ""^ '» X t^ """'".but ,„„, ,„,^ ™ „ T 'f'™ «»P«'"ely?„e operation until t|,ey bareh "^ "'»" "ot come inf! « Co„noi,,but o„'eo::,t:„r°r' ^^^'»"°Mai"t effect as ,f enacted i„ tie aaiTiet' °" *"" •■»"'■." '-»■ "alter, which apn aVto »»y.be revoked, vari: ^d d f"" °' °' '«■■" »- ™ «1^'«d by this section. "" '°' "■"'''™' 'I'e appro™" Am] Whprpna u „ ->«'»« to appea"'',:^^'!: t^ "f ^"'- "« '» no J«'!Ke .„ Admiralty to the E, ° "' °'' »'*'■ of a local --;;.ered^o1om'::itlnfL'° '"; '^'''^ ^o!jd""b ;i..es..on, and be declare to be sXcf , "" "'^--«» '" ^™,«add.ion,.ith„.,the;s::i°--*^^ " ^ow, therefore Wo i,^ i "«' l-o»rMajesty, ;-l bVlrt '^ ''"""'"■' '" 'commend « Council to dire' 1 1 a .rpS'Vr^""' ''^' i'-'- "* 'all he the Rules „f Con for ' ?"" ''"■'"° ■■'"»^«'<1 C»"«;ia iu its Admiral." tS,'',""" '^■"'■«"'" Court o ^ jed and be in force in tl t?"; ""'', """" ""^ -'ab' «"'« -'58 to 176 (both incl^siTef uZ'.^^' '° ^'-'''- "'at «.....-l2 '• "■"= -^■«. and the Table, I i r • * r 178 Exchequer Court — Admiral f?/. of Fees appended to the Rules may be revoked, varied or added to without the approval of Your Majesty in Council." Her Majesty, having taken the said Memorial into con- sideration, was pleased, by and with the advice of Her Privy Council, to approve of what is therein proposed, and to direct that the Rules of Court hereto annexed shall be the Rules of Court for the said Exchequer Court of Canada in its Admiralty jurisdiction and shall be established and be in force in the said court, and to declare that Rules 158 to 17G (both inclusive), Rule 224, and the Tables of fees appended to the Rules may be revoked, varied, or added to, without the approval of Her Majesty in Council. And the Right Honourable the Lords Commissioners of the Admiralty are to give the necessary direction herein accordingly. . C. L. PEEL. iiJ Th '^ Colonial Courts Act. 11^ "THE COLONIAL COURTS at. *r. ~L^^. ADMIRALTY ACT. ^ec^ An Act to amend th^ To^, a'sembJecl, and by tl,e auZ" L of J' '"■°"™' P"'l'"''«»t *• (1) Every court of J yWchisfof tte'time bem. i!!, "° ," '^""»'' Possession, ...i,.,„., f, '0 i^e „ court of A ruifa : ' ","."""»"- of thi »"£?,'„ declaration i, ;„ ,„„, "' ,"f ' ""• "l!'"!'. if no ,n,k ongioal unlimited civil i,?,,-', .-^ '"''"°"' ''»» "'erein AdmimUy, with the "„ 2, °''' "'"" "' " ^''rt if.,, ^ , """i oay, for the pu'pC^f t 7 .'° -""^ ""' ■Mntionecl""""- "■e powers which H ZZ:!Jtl T"''""™' ^■^"-■- a" '""I jurisdiction; and sTch '" "".'""'l'™'' of its „tber jurisdiction co„fe„ed bylS Ac i ■ 'I, "'"""' '" «- »» « Colonial Court of Ad^t 'u ' '" ' '" ''=' '-^f"™' '» possession the Governor ,t t^ ;tfe ,, " ''"<'' •" « British expression •• court of law • f'/.f '''"'' """'oritv, the ■"eludes such Governor "" '""'■'■^O' »' ""'s sectio,! !''aees persons. maLs ^ tl n ' '" °™- "'« '"<'•■• jurisdiction of the High Court in Pn?' T "'- '^''"'"■"I'v "y "Hue of any stafute o" otW "''' "'"""="''='i»S mil ky'4W-V^f'-4'''^Vm 180 Bee. 2. Jurisdiction. eiiiv-iisvjct. c. 2-. ■MX ;17 Viot. c. t) A Colonial Court of Admiralty shall have, under the Naval Prize Act, 1864, and under the Slave Trade Act, 1873, and any enactment relating to prize or the slave trade, the jurisdiction thereby conferred on a Vice-Admiralty Court and not the jurisdiction there- by conferred exclusively on the Hi,gh Court of Ad- miralty or the High Court of Justice ; but, unless for the time being duly authorized, shall not, by virtue of this Act, exercise any jurisdiction under the Naval Prize Act, 18G4, or otherwise in relation to prize ; and — (c) A Colonial Court of Admiralty shall not have juris- diction under this Act to try or punish a person for an offence which according to the law of England is punishable on indictment ; and — {d) A Colonial Court of Admiralty shall not have any greater jurisdiction in relation to the laws and regulations relating to Her Majesty's Navy at sea, or ^^'^ Colonial Coitrts Act. under anv Anf ,.. •■,. J^' -^oiferred on such courtTv ot I """' '" '™«. ('I) Where a Court i„ T " " '" C"'"""- -pec; or ™.L?at :;„^::r,,;»-7- «-'- - o'lier i.ke part of a Bdthh 1 ■'"'•' °' » ™">"v or co-o;j;rjr'---'-r..,,_3.o„.„,,,,,„^^ («) cleolare a„v eonrt of „.,i- ■. , fiiS'SS'"" ,■;« a Colonial Court of S „ " '? T"'"'™ '» t le exercise 1,,- such court ofT' ' '"'°'''"^^ f™' "'■■» Act, anj\-„,ii' : ; 'f J'"-iiotio„ „n,,er -'™'»f-=uchi„..i,«,ic:^ *»;,"-'■ °"""™^' "-^ "-';=o:i:f;^,: '-o^^^..- court i„ jurisdiction, under s c ' " m' '""' •"""^''y «w-'('f«n,,,a,4':;:;'*;':°-""'"ee of the Privy ™ies and order, or "hi^^™!., Tn'' '""'"'« '« "aWng »i« directed by Hor Mai' ! " r """''' '"^ "» ""-e^- Majesty in CouiilHttt A,^™""'' '"""P*"" '» Her '^' (1) Jf'UJes of conrf fr,,. v„ i ^- P-etice (ineJudin, fees an rcS "" r^^'"^^ ^'^ ^"'-^ -«• possession in the exercise o Z f- ''"'^ "^ ^ ^""sli thiB Act, whether or ., al L J"?"^'^*'«" <^onferred by tJ^esameautlaorityanfinhe. ^^"''*^'"^^^^« '"^de by -g the in-actice, pTolr^tr' "'■""" "'"'"'"^ ;ourt in the exerci;e'o /i/!!: "^. . '^^'^ ^- the said t^veJy are made .- ''"'''^ ^'^'^^ Jurisdiction respec- ^rovided that the rules undpv tu- save as provided by this Ac ""f A '"'^'^'^ s'^aH not, tl- slave trade, and ^^^^^^ ^^ ^*° -^"ers reiatin, to' sec^on) come into operations tif] ? ^''^"^'^^ ^^' ^'"s bvHer Majesty in Conn b f, ;' '"" "^" ^^P-^^d sl^all have full effect as if nae d „ T"? "^*° '^''''''^'^^ !^«tment inconsistent the eS n'' ^'* ' ''^"^' ''^"•>' «"- •nconsistent. be repealed '''^' ^"^ ^''^^- ^' ^t is so ^2) It shall be lawful for Her V • . • ; pprovn^g rules made under thi T^^ "^ ^°«"^''. i" the i-ules so made with r ne., ''''''"' ^° '^'^^'are that *« Her .Majesty to be n t L" ? d T -^^'""^ ^^''^'^h appea -ay be revoked, varied ^rX fo ,T °' ^°^^' ^«"-n ^•'^'l^n-ed by this section. ^'' ^'"^°"* ^^^ approval (3) Such rules mo,, ------- ^s:t:^.r,:^-:t:L»^ ■aatftttiiaBtMHfjii&fyiiifaA-fr-;. ■i.^..-.-- ^.. ""^■•^^'"-iiinrnia|n||||||H,j^ If I, ! 184 Exchequer Co mi — AdniiniUij. Sees. 8. 9. ^y^y judge or judges thereof, and subject to any rules, where the ordinary civil jurisdiction of the court can, in any case, be exercised by a single judge, any jurisdiction conferred by this Act may, in the like case, be exercised by a single judge. . Droits of Aitiiilnilty aii«-s the context interrretation otherwise requires, — The expression " representative legislature " means, in relation to a British possession, a legislature com[)rising a legislative biuly of which at least one-half are elected by inhabitants of the British possession. The expression " unlimiteil civil jurisdiction " means civil jurisdiction unlimited as to the value of the subject-matter at issue, or as to the amount that may be claimed or recovered. The expression "judgment" includes a decree, order and sentence. The expression " appeal " means any appeal, rehear- ing, or review; and the expression "local appeal" Mil ij' :!■■■• 188 Sec. 16. Cominoucc- iiieiit of Act. •Jij iV;:; Vict. e. -24. Exchequer Court — Admiraltii. means au appeal to any court inferior to Her Majesty in Council. The expression " Colonial law " means any Act, ordi- nance or other law having the force of legislative enactment in a British possession and made by any authority, other than the Imperial Parliament or Her Majesty in Council, competent to make laws for such possession. 10. (1) This Act shall, save as otherwise in this Act provided, come into force in every British possession on the first day of July, one thousand eight hundred and ninety-one. Provided that — {a) This Act shall not come into fortre in any of the British possessions named in the First Schedule to this Act until Her Majesty so directs by Order in Council, and until the day named in that behalf in such Order ; and — (//) If before any day above mentioned rules of court for ti:j Colonial Court of Admiralty in any British possession have been approved by Her Majesty in Council, this Act may be proclaimed in that possession b}* the Governor thereof, and on such proclamation shall come into force on the day named in the proclamation. (2) The day upon which this Act comes into force in any British possession shall, as regards that British possession, be deemed to be the commencement of this Act. (3) If, on the commencement of this Act in any British p^. session, rules of court have not been approved by Her Majesty in pursuance of this Act, the rules in force at such commencement under the Vice-Admiralty Coui'ts Act, 1863, and in India the rules in force at such commence- ment regulating the respective Vice-Admiralty Courts or Courts of Admiralty in India, including any rules made The Colonial Courts Act. 189 with reference to proceedings instituted on behalf of Her Majesty's ships, shall, so far as applicable, have effect in the Colonial Court or Courts of Admiralty of such posses- sion, and in any Vice-Admiralty Court established under this Act in that possession, as rules of court under this Act, and may be revoked and varied accordingly ; and all fees payable under such rules may be taken in such manner as the Colonial Court may direct, so, however, that the amount of each such fee shall, so nearly as prac- ticable, be paid to the same officer or person who but for the passing of this Act would have been entitled to receive the same in respect of like business. So tar as any such rules are inapplicable or do not extend, the rules of court for the exercise by a court of its ordinary civil jurisdiction shall have effect as rules for the exercise by the same court of the jurisdiction conferred by this Act. (-1) At any time after the passing of this Act any Colonial law may be passed, and any Vice-Admiralty Court may be established and jurisdiction vested in such court, but any such law, establishment, or vesting shall not come into effect until the commencement of this Act. Sec. 17. in ItisU It of Itish iHer lucb JAct, Ince- 13 OV iivcle 17, On the commencement of this Act in anv British -^.''"''V?" "'^ possession, but subject to the provisions of this Act, every '''''>■ ^''""■". Vice- Admiralty Court in that possession shall be abolished; subject as follows : — (1) All judgments of such Vice-Admiralty Court shall be executed and may be appealed from in like manner as if this Act bad not passed, and all appeals from any Vice-Admiralty Court ponding at tbe commencement of this Act shall be beard and determined, and the judgment thereon executed as nearly as may be in like manner as if this Act had not passed : (2) All proceedings pending in the Vice-Admiralty Court in any British possession at the commence- ment of this Act shall, notwithstanding the repeal of any enactment by this Act, be continued in a 190 Sec. 18. Exchequer Court — Adviiraltij. Colonial Court of Admiralty of the possession in manner directed by rules of court, and, so far as no such rule extends, in like manner, as nearly as may be, as if they bad been originally begun in such court : (3) Where any person holding an office, whether that of judge, registrar or marshal, or any other office in any such Yice-Admiralty Court in a British pos- session, suffers any pecuniary loss in consequence of the abolition of such court, the Government of the British possession, on complaint of such person, shall provide that such person shall receive reason- able compensation (by way of an increase of salary or a capital sum, or otherwise) in respect of his loss, subject, nevertheless, to the performance, if required by the said Government, of the like duties as before such abolition : (4) All books, papers, documents, office furniture and other things at the commencement of this Act belonging or appertaining to any Yice-Admiralty Court, shall be delivered over to the proper officer of the Colonial Court of Admiralty or be otherwise dealt with in such manner as, subject to any directions from Her Majesty, the Governor may direct : (5) Where, at the commencement of this Act in a British possession, any person holds a commission to act as advocate in any Vice-Admiralty Court abolished by this Act, either for Her Majesty or for the Admiralty, such commission shall be of the same avail in every court of the same British possession exercising jurisdiction under this Act, as if such court were the court mentioned or referred to in such commission. iit.,,o,u. 18. The Acts specified in the Second Schedule to this Act shall, to the extent mentioned in the third column of that schedule, be repealed as respects any British posses- The Colonial Courts Ad. sion as from tbe commenceniPnf .f ., • possession, and as resperanvT . ^^'' ^'^ ^° ^hat Provided that— such appeal and anv rn T^^ ' '''^"Sht and any at the cUmenlZr^: H^^^^ on and completed and carWed into ,7"; T'''^ '^^Peal had not been enacted and! ^'^^^^«"«^ (0) All enactments and rules off). in force touchin. the n^H ^''''"« °^ ^^'« ^ct and returns in natters 1^' T'f''''' ''''' '^^'^ Vice-Admiralty CW a d "'r° '' ^'^^'^ ^^'^^^ '» shall have effect as Is . ? "'* ^'^•^^^" Courts Act. and shalltjy o Col ? n" ^"'""^^"'^^ ^^ "^''^ --.^ealt-^:;^t:^-2^-.alty, 191 Sec. 18. schedul.es. FIRST SCHEDULE. IS L'l-.L.iYED. New South Wales. | v . • St. Helena. 1''^'"'''' ' l^ntLsh Ho.idiiras. •St'ctioii Ifi.i ■lii •■«aajp.«l«*U«MiBSaWB«,^, 192 Section 17.1 Exchequer Court — AninirdUij. SECOND SCHEDULE. KXACTMEXTS KKPE U.ED. Sessied in the fi.iiirth xear of "iiml from .\dmiralty and till' if His late Mii Vic Ad iMiriiltv Courts,' jcsty, intituli'd; ' for the belter admini'-ini- \n .\ct ami so much of the rest of till ctioii as rulates to 'tioii of justice in His inaritiuie causes. ' Majesty's I'rivv Council. and to extend its jiu'L-oic- tioli II lid iio\ver> ■Jii \ ict. e. i\ :Tlie Vice ■ .Ailmiralts Courts The whole .Act. yil A ;il Vict. c. l."!., :;ii \- .'(7 Vict. c. .V,'.. :iii A- :i7 Vict, c ns.. I Act, 1M'.,1. ,Thi Vice - Aiiniiraltv Courts The whole .Act. .\et .\meiidiiieiir .\ot. iNiT. I'rhe Slave Tiade i i:ast .Vtriean Sect! C.>urt«' .\ct. Is7.'!. rile Slave I' in le Act, 1S7:1.. ; four and live. Section twenty us fnr as re lull s to 1 be tiwiiliou of aiiv costs, char^'es ami expcnsc> which can bo laved ill pin- Kiiiiiice ot this .\cl. Ill si'ctioii tv.ciitv-three, the wonls uinUr till Vic Ailmiralty Courts Act, ;n .V :)'.! Vict. The I'aeirtc Islanders I'rotee- So lion Act. Is7j. in;:) ■ di of sei 11)11 si.x as Hutliorizes Her Miijesiy to confer .Ailmiralty jurisdic- tion on any court. *"'"'"■ ""^'"t-'O io JurU,i,tion. 193 er PART 11. SECTIONS OF 3 k i vtpt ,o have been broi,gl,t „to ,1,1 """F '"'<^"»'>'"-«stc,l ,h„||SS';,"» Court, in oither %„ eal ,'' '"•!'"' '""'"''>■ "' "■« .a J «=^^^^^ -t,o„ 0, „„, p,,„„ , ™ - f "" el„i,„, „„, ,„„^^^ sl-il. or vessel, „,„| to rteeide^'v °' ""^' .'»'"-'S"ge of snd P"-o.. in respect of mysu! '2 "''''"'«' l"^ ""J" '"'l. respectively. '-^^ "'°'' «'»">>' or cause of actio,, or o,v„e,.sl,i,, „f J° ' , ' '" 5"™"°".^ as to ti.e title SV"?. «i 'Jamar^e received by .,„, ,,';'" ^"^ ^^^^vices rendered to ^'.l«en!i:.l. ^1- 'Jamage received by ..J ^j) '"f ^ ^'^ ^^^'yioes rendered to^^l^^ie. I^e nature of towage or for ''"^''"« ^'^««^'^ o^" in -'^r"" foreign shin n.. . •' ^ nt'ce8sarie.s siinnJip,] /, '"tiy-uKh „„t ^" **"'!) or sea-gouifT vpaoni „„ i . »*'l'P'ie(( to anv"""i«i"«ii t Jt'fPnf ..,l.„.i ^^ " ^^^^6'. and tOPnfnr..^n._ .. - ««-''i«- '"-■8nal,i„ or Z;:Z:'.Z"ZT''''^, -""'-' ^» - '"•reof, „),el|,er sucl, sbi , n . , "'"'""' "'" P»Jn,e„"l '^ I'ody of a c„„„ty,t' , , r' ,"? ''"-■ '-- witl,i, » 'e.i .1,0 services w^-e r'j; or'f '""' "' '"^ "■»= awessaries furDiel,ed in Z, . , """"8' "-^e'ved, or made. '"• '" '""«" of ,vUch sucU claim is H..t.A.— I,f '^''^'"''^'''^''''"''wppplpp 194 Exchequer Court — Adinirctllij. ^^°- ^^- 11. And be it enacted that in any contested suit de- Powoi- to direct pending in the said Court of Admiralty tlie said Court shall have power, if it shall think fit so to do, to direct a trial by jury of any issue or issues on any question or questions of fact arising in any such suit, and that the substance and form of such issue or issues shall be specifie-' by the Judge of the said Court at the time of directing the same ; and if the parties i 'iffer in drawing such issue or issues, it shall be referred to the Judge of tije said Court to settle the same; and such trial shall be had before some Judge of her Majesty's Superior Courts of Common Law at Westminster, ut the sittings rt nisi pv/us in London or Middlesex, or before so:no .' ' of assize at nisi prlus, as to the said Court shai" ; 1.; . Sees. 1, 2. 21 Vict. c. 10, A.D. IVll sees. 1, -. Hlioi-t TitU'. Interin'otation of terms. THE ADMIRALTY COURTS ACT, 1861, (Imp.). 24 VICT. CAP. 10. An Act to (.I'tcitil till' jurisdiction and improve the practice of the Ili'iJi Ciiuri of Adntindtj/. Whereas it is expedient to extend the jurisdiction and improve the practice of the High Court of Admiralty of England : be it therefore enacted by the Queen's most ExcL-lk'nl Majesty, by and witli the advice and consent of the Lord's spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the £ame as follows : 1. This Act may be cited for all puposes as " The Ad- miralty Court Act, 18(51." !*. In the interpretation nnd for the purpose of this Act (if not inconsistent with the context or subject) the follow- ing terms shall have the respective meanings hereinafter assigned to them ; that is to say: tic dc in The AdmiraUij Courts Act, 1801. 195 of laud lit of t\U9 If the Mi- ls ^ct lllow- laftev "Ship" shall include any description of vessel used in ^ec s. 3-7 . navigation not propelled by oars ; " cause " shall include any cause, suit, action, or other proceeding in the Court of Admiralty. ence- Act. 3. This Act shall come into operation on the first day njg,',\''X of June, one thousand eight hundred and sixty-one. 4. The High Court of Admiralty shall have jurisdiction ^oVimnliln" over any claim for the building, equipping, or repairing of rl?|''',i',!i'i,""o'f' any ship, if at the time of the institution of the cause the^^''""' ship or proceeds thereof are under arrest of the court. a. The High Com-t of Admiralty shall have jurisdiction ^f,.'".cussaHe3 over any claim for necessaries supplied to any ship else- where than in the port to which the ship belongs, unless it is shown to the satisfaction of the court that at the time of the institution of the cause, any owner or part owner of the ship is domiciled in England or Wales : Provided always, that if in any such cause the plaintiff do not recover twenty pounds, he shall not be entitled to any costs, charges or expenses incurred by him therein, unless the ., -idge shall certify that the cause was a fit one to be tried in the said court. «. The Hi'di Court of Admiralty shall have jurisdiction ^^","=''"'"^ over any claim by the owner or consignee or assignee of any r,',',',.^ed"' l)ill of lading of any goods carried into any port in England or Wales in any ship, for damage done to the goods or any part thereof by tlio negligence or misconduct of, or for any breach of duty or breach of contract on the part of the owner, master, or crew of the ship, unless it is shown to the satisfaction of the court that at the time of the institu- tion of the cause, any owner or part owner of the ship is domiciled in England or Wales : Provided always, that if in any such cause the plaintiff do not recover twenty pounds he shall not be entitled to any costs, charges or expenses incurred by him therein, unless the judge shall certify that the cause was a fit one to be tried in the said court. 7. The Kigli Court of Admiralty shall have jurisdiction \'';^a,!ll^^i,y over any claim for damage done by any ship. imysinp. (''•■ i 196 Exchequer Court — Admiraltij. SecB. 8-ia. 8^ The High Court of Adjaairalty shall have jurisdiction HiRh Court of to decide all questions arising between the co-owners or ded(ie'^Incs'^° any of them touching the ownership, possession, employ- owntr'shilUtc. ment and earnings of any ship registered at any port in jiiis. England or Wales, or any share thereof, and may settle all accounts outstanding and unsettled between the parties in relation thereto, and may direct the said ship or any share thereof to be sold, and may make such order in the premises as to it shall seem fit. f^^vlof e"iw* '*• ^^' *^^ provisions of " The Merchant Shipping Act, siiva^'e'orifre"^ ^^^"^ " ^^ regard to salvage of life from any ship or boat within the limits of the United Kingdom shall be extended to the salvage of life from any British ship or boat whereso- ever the services may have been rendered, and from any foreign ship or boat where the services have been rendered either wholly or in part in British waters. As tn ul.iiiiin lor wp .eH and for (lisovirse- lutiitH by maS' ter of a sUip. lO. The High Court of Admiralty shall have jurisdiction over any claim by a seaman of any ship for wages earned by him on board the ship, whether the same be due under a special contract or otherwise, and also over any claim by the master of any ship for wages earned by iiim on board the ship and for disbursements madebj him on account of the ship, provided always that if in any such cause the plaintiff do not recover fifty pounds, he shall not be entitled to any costs, charges or expenses incurred by him therein, unless the judge shall certify that the cause was a tit one to be tried in the said court. a A 4 Vict. c. 05, II. The High Court of Admiralty shall have jurisdiction uiortpiKes ex- over auy claim in respect of any mortgage duly registered Court of vdiiii- according to the provisions of "The Merchant Shipping Act, 1854," whether the ship or the proceeds thereof be under arrest of the said court or not. soctions f,2 to 13. The High Court of Admiralty shall have the same Vict. c. 1U4, Bx- powers over any British ship or any share therein, as are colm of *Aduii- conferred upon the High Court of Chancery in England by the sixty-second, sixty-third, sixty-fourth and sixty-fifth sections of " The Merchant Shipping Act, 185-1." wmmm The AdmiraUij Courts Ad, 18G1. 197 3U1, to tion bred If be lame are Id by Ififtb 13. Wlienever any ship or vessel, or the proceeds thereof '°° ' ^^-^8. are under arrest of the High Court of Admiralty, the saidj.avtgaf 17& court shall have the same powers as are conferred uponext\n.u.!i'to'' the High Court of Chancery in England by the ninth part A.w'.'iity of " The Merchant Shipping Act, 1854." 14. The High Court of Admiralty shall be a Court of<9;;;;;:[,\'J''^'* Record for all intents and purposes. Kec ni. 15. All decrees and orders of the High Court of Admir- ?r!f,!'r^nt'\"ourt alty whereby any sum of money or any costs, charges, or 't'//i'|i,'v'"p'ftvct expenses shall be payable to any person, shall have theaJ|.''''^''i.';,'J''* same effects as judgments in the Superior Courts of''^"' Common Law, and the persons to whom any such moneys, or costs, charges, or expenses, shall be payable, shall be deemed judgment creditors, and all powers of enforcing judgments possessed by Superior Courts of Common Law, or any judge thereof, with respect to matters depending in the same courts as well against the ships and goods arrested as against the person of the judgment debtor, shall be possessed by the said Court of Admiralty with respect to matters therein depending ; and all remedies at common law possessed by judgment creditors shall be in like manner possessed by persons to whom any moneys, costs, charges, or expenses are by such orders or decrees of the said Court of Admiralty directed to be paid. • in cxL'CUtiuu. m. If any claim shall be made to any goods or chattels i^f(;,^„'^},^'takeu taken in execution under any process of the High Court of' Admiralty, or in respect of the seizure thereof, or any Act or matter connected therewith, or in respect of the pro- ceeds or value of any such goods or chattels, by any land- lord for rent, or by any person not being the party against v.Liom the process has issued, the registrar of the said court may, upon application of the officer charged with the execution of the process, whether before or after any action brought against such officer, issue a summons calling before the said court both the party issuing such process and the party making the claim, and thereupon any action which shall have been brought in any of Her Majesty's i'JH Excltequcr Con ft — Adinira/t//. 8ecB. 17, 18. Superior Courts of Record, or in any local or inferior court, in rt'spec^i of such claini, seizure, act or matter as afore- said, shall bo stayed, and the court in which such action shall have been brought, or any judge thereof, on proof of the issue of such summons, and that the goods and chattels were so taken in execution, may order the party bringing the action to pay the costs of all proceedings had upon the action after issue of the summons out of the said Admi- ralty Court, and the judge of the said Admiralty Court shall adjudicate upon the claim, and make such order between the parties in respect thereof and of the costs of the proceedings, as to him shall seem fit, and such order shall be enforced in like manner as any order made in any suit biought in the said court. Where any such claim shall be made as aforesaid the claimant may deposit with the otlicer charged with the execution of the process either the amount or value of the goods claimed, the value to be lis " \ by appraisement in the case of dispute, to be by the otiicer paid into court to abide the decision of tho judge upon the claim, or the sum which the officer shall be allowed to charge as costs for keeping possession of the goods until such decision can be obtained, and in default of the claimant so doing, the officer may sell the goods as if no such claim had been made, and shall pay into the court the proceeds of the sale, to abide the decision of the judge. Powers of If, Thc judge of the High Court of Admiralty shall iourtKoxteua-iiQ^i^Q all such powers as are possessed by any of the Adiiiiiaity. Superior Courts of Common Law or any judge thereof to compel either party in any cause or matter to answer inter- rogatories, and to enforce the production, inspection, and delivery of copies of any document in his possession or power. Party in Court IH. Any party in a cause in the High Court of Admi- nlay (ilnli'y for ralty shall be at liberty to apply to the said court for an yiectiJu \,y Order for the inspection by the Trinity masters or others sjiectiij Trinity Musters. appointed for the trial of the said cause, or by the part> himself, or by his witnesses, of any ship or other personal C. wmmm Til,; AihnintUji Coiirfs Act, IHGl. 190 as the tUe 111! the |»{ to iter- aud in 01* Idmi- i)r au there )arty soual or rial property, the iiispoction of which may bo material ^^'^^- 19-23. to the issue ol" the cause, and the court may make such order in respect of the costs arisini^ thereout as to it shall stem lit. li>. Any partv in a cause in the Ilii'h Court of Admiralty A.imission of may call any other party in the cause by notice m writing to admit any document, saving all just exceptions, and in case of refusal or neglect to admit, the cost of proving the document shall be paid by the party so neglecting or refus- ing, whatever the results of the cause may be, unless at the trial the judge shall certify that the refusal to admit was reasonable. ant "'"•''''' '" ''*-^"" „ . . ■ '■ .-1 ,|,.^v \vnts or tor givmg cltect to any of the pr()visions of this Act may be '"■""' '"■°°"*'*- issued from the High Court of Admiralty in such forui as the judge of the said coin-t shall from time to time direct. '■in. All the powers possessed by any of the Superior •''"'«<"«'"' ,, s' J I r.,iit ftil llliSHIiillS of priiet'iis or solioilors. shall hereafter be admitted a procttu', solicitor, or attorney (if in other respects entitled to be so admitted) shall be liable to no further stamp duty in respeet of such subse- quent admission. :iO. Any proctor of the High Court of Admirnltv mav ''7''' '•"''Vv act as agent of any attorney or solicitor, and allow him to '''''''^^''"'■• participate in the profits of and incident to any cause or matter depending in or connected with the said Court; and nothing contained in the Act in the tifty-liflh year of the reign of King George the Third, chapter one hundred and sixty, shall be construed to extend to prevent any proctor from so doing, or to render him liai)le to any penalty in respect thereof. lil. The Act passed in the second year of the ri i^o cf ^ 'ir"ro,,uaie(i. King lit iiry the Fourth, intituled, " A Remedy lor Ilim who is Wrongfully Pursued in the Court of Admiralty," is hereby rej)ealed." rower of ap- lioal in interlo- outnry uiatters :S3. Any party aggrieved by any order or decree of the judge of the said Court of Admiralty, whether made parte or otherwise, may, with the permission of the judge, appeal therefrom to her Majesty in Council, as fully and effectually as from any final decree or sentence of the said Court. »». In any cause in the High Court of Admiralty, bail Jj|»]'^^sJ^;«njj" may be taken to answer the judgment as well of the said -^^^^J^JYai^'J'^^ Court as of the Court of Appeal, and the said High Court of J,;;^\""' •'^i- Au. iralty may withhold the release of any property under its arrest until such bail has been given ; and in any appeal from any decree or order of the High Court of Admiralty, the Court of Appeal may make and enforce its order against the surety or sureties who may have signed any such bail bond in the same manner as if the bail had been given in the Court of xAppeal. ■'■W ^02 E cchcquer Court — A'hniirilfi/. inR of causi'S and cross causes. Sees. 34.36. 34. The High Court of Ailmiralty may on the applica- Astothehear-tion of thci defendant in any cause of damiige, and on his instituting a cross cause for the damage sustained hy him in respect of the same collision, direct that the principal cause and the cross cause he heard at tlie same time and upon the same evidence ; and if in the principal cause the ship of the defendant has heen arrested, or security given by him to answer judgment, and in the cross cause the ship of the pl;iint;lf cannot he arrested, and security has not been given to answer judgment therein, the Court may, if it think lit, suspend the proceedings in the prin- cipal cause until security has been given to answer judg- ment in the cross cause. Jurisiliction of tlio Court. Ha. The jurisdiction conferred by this Act on the High Court of Admiralty may be exercised eitiier by proceedings 171 rem or by proceedings in persimam. H s Act,i864 THE FOLLOWING ARE THI-: SECTIONS OF THE MER- Sec. 62. ' CHANT SHIPPING ACT 1854 Rl^FERRED TO IN SECTION 12 OF THE PRECEDING ACT. unqnaiifioa <»«• Whenever any property in a ship or share in a ship hy miiMnis-'^'' becomes vested by transmission on the death of any owner sioniuayiipply ,1 • c e \ • „ t. to Court f.'i- or on the marriage of any female owner, m any person not Bill), qujiiifij^j tf) ]jo tina owner of British ships, it shall be lawful, if such ship is registered in England or Ireland for the Court of Chancery, or the Court of Admiralty, if in Scotland for the Court of Session, or if in any British possession for any court possessing the principal civil jurisdiction within Buch possession, upon an application made by or on behalf of such un(iualilied person, to order a sale to be made of the property so transmitted, and to direct the proceeds of such sale, after dedui:ting the expenses thereof, to be paid USll mmm Sections, MercJuint Sliipping Act. 205 to the person entitled under such transmission, or other- sees. 63-65. wise a-i the court may direct, and it shall be in the discretion of any such court as aforesaid to make or refuse any such order for sale, and to annex thereto any terms or conditions, and to require any evidence in support of such application it may think fit, and generally to act in the premises in such manner as the justice of the case requires. OJJ. Every order for a sale made by such court as afore- ^j^luf by "^^ said shall contain a declaration vesting the right to*^"""^' transfer the ship or share so to be sold in some person or persons named by the Court, and such nominee or nominees shall thereupon be entitled to transfer such ship or share in the same manner, and to the same extent, as if he or they were the registered owner or owners of the same ; and every registrar shall obey the requisition of such nominee or nominees as aforesaid in respect of any transfer to the same extent as he would be compellable to obey the requisition of any registered owner or owners of such ship or share. 04. Every such application as aforesaid for sale shall ^'r"iiu?/ica!'" be made within four weeks after the oceureuce of the "°"^' event on which such transmission has taken place, or within such further time as such Court as aforesaid may allow, such time not in any case to exceed the space of one year from the date of such occurence as aforesaid, and in the event of no such application being made within such period as aforesaid, or of such Court refusing to accede thereto, the ship or share so transmitted shall thereupon be forfeited in manner hereinafter directed {d) with re- spects to interests acquired by uiKjualified owners in ships using a British tlag and assuming the British character. 05- It shall be lawful in England or Ireland for thejl""';'"?' " Cmirts til uro- Court of Chancery, or the Court of Admiralty, in Scotland ''''J*''''""'fi'»- for the Court of Session, in any British possession for any Court possessing the principal civil jurisdiction within (ii) Tliat in in sec8. 103 to llM), M. S. A. 1M4. Wm' i; ' Exchequer Court — Admiralty. such possession, without prejudice to the exercise of any other power such Court may possess, upon the summary application of any intercsted person made either by peti- tion or otherwise, and either px jxirff or upon service of notice on any other person, as the Coui't may direct, to issue an order prohibiting for a time to be named in such order any dealing with such ship or share ; and it shall be in the discretion of such Court to make or refuse any such order and to annet thereto an}' terms or conditions it may think fit, and to discharge such order when granted with or without costs, and generally to act in the premises in such manner as the justice of the case requires ; and every registrar, without being made a party to the pro- ceedings upon being served with such order, or an official copy thereof, shall obey the same. |;F«>'^«*lliWu.^<|lH«q^ppgmi mmmmw'ii'ifiWW- PART 111. EXCHEQUER COURT. ADMIIULTY JUIJISDICTIOX. §»■ ! fM!' 3 4. 5. G. <. 8. f». 10. 11. 12. 13. 14. 1- JflUSDICTIOX GeXERALLV Phivileges. ' REcn.,tocAL Wheckixo Damaoe-Reol'latio.vs Fon PnEVEvrrvr. r BOTTOMRV AXD Respcxoexti v" 'Seamex's Wvges \v7> \r. Masters . ^^ •'''"'' -^'"^ l^'siir,>.sEMEXT,s of Ou^ER.Hn.-PossESSK>X AXO RE.XiUIXT M()RTGAGE.S. Pilotage. Towage. ^Necessaries— Brir i>rvv. c AccouxTs. ■ '''"''"" •^^'" Repairixo. Charter-parties — c;Fvr.,.r * Demurrage ^'^-^^ral Average, Freight, f--IOX SHIPS, XOTICE TO C0XS.ES, ,,C Sales pv ^Iar.shal. si la law Mas Div. A.Ii, Aii.l pfwt "(■ sj (") •aiMliUbdllWil ADMIKALTY JUiUSDlCTlUX, JuKisDicrioN ();:m:i:ai.i.y. The Piirliunifnt of C.-iUiulii in pursiumcc oi' the ])()wt>r.s conienvil uj)()ii It hy " T/n- ('olinmil Cnnrfx <>/ A'l iii ifii/fi/ Act, IHOO" o8-r>4 V. c. 27, s. .S, lias (li;cl.uv(l-r)4-o:) V. c. 29, aiiti\ p. 1 — the Hxcheiiuur ('(jui-t of (.'aiuKhi to l)e a Colonial Court of Aihuiralty, uml that as a Court of Ailniinilty it siiall within Canaila have anil »'xercise ali the jurisdiction powers ami authority conferred l)y the said Act, I.''., by the " ('oloitlnl I'dnrls af Ailmlrolt/f Art," and by the Act then l)ein;^ enacted. Section 2, s-s. 2, of tlie first-named Act provides that: — " The jurisdiction of a Colonial Court of Adiiiii-alty Hhall, subject to the provisions of this Act, be over tln' like places, persons, matters and thinj^s, as the Admiralty juris- diction of the Hi<;h Court in En;^land, whether existin.;- by virtue of anv statute or otherwise, and the Colonial C lurt of Admiralty may exei-eise surh juris(lietion in like manui-r and to as full an extent as the lliirh Court in Kni'Iand, and shall have thi' same re^^^ard as tliat Court to international aw aiK 1 tl le eomit\' o f nat ions. By the ''Jii'lirnlii re Art. /><'!'■!." (Tiiip.) .nH jurisdioti' hi wliicli at the comnu'iicemeiit of the Act was vested in or callable of bciu"' exercisetl bv the Iliirh Court of Admiraltv was transferred to jind vi'sted in the Hi;,di Court of ilustioe, and has since been exercisecl li\- that euiirt in the I'rcbate, l)i vorce ami Admiraltv Division usual I v calleil Wllfll Admii'alty cases are referred to, the Admiralty Division («' i. And certain (|Uestions there turn upon the bict that it is a part of the lliyh Court of .Justice, r.///'., that in the absence of special circumstances, costs follow the rveiit ('-): als > (.1) Wilis. & 11. lit. (/') 7'/.v .i/../iAm.((i, II I'. I). r>\. f,\ Iv ' t 2(.)8 E.ccJi cq twr Coil rt — -^4 dm ira I ft/. the transferrin}; of uctions to it from the other Divisions, ('.///'., an action for personal injury in a collision between ships bef^un in the Queen's Bench and transferred to the Adininilty Division (c). The jurisdiction of the Admiralty Division is the same as that formerly exercised by the Hiyh Court of Admiralty in matters in which it had jurisdiction by the comity of nations as a Court adminis- tering civil law ; and with respect to the execution of the sentences of foreiyn Adnuralty Courts ((/). The jurisdiction clause of the Canadian Act, s. 4, which is at once concise, and comprehensive, conferrinijf jurisdic- tion over the waters of Cana'■'<.'; Davidson v. Sealskins, .' I'liine (Ai.i.).:.'.i. The matters over which the jurisdiction of the Kxche- (jUer Court of Canada, in Admii'alty, constituted as above .lescribed and by virtue of the < '. (\ A. Art. IX'.IO, and the /!'/- iiiiniHi/ A'l, !>!'■) I, extends are for the most part containeil and set forth in certain Imperial anil Dominion Statutes, and will now be' referred to. \'ico-Admiralty Courts aiv expressly named in vai ions statutes of Canada, ami jurisdiction niven to them and duties cast upon tlieni by those statutes. Such statiites are to be read as if the expression '■Colonial Court of Admiralty," wen- therein substituted for '■ N'ice-Admiralty Court:" C.C. A. Act, s. 2, s-s. 3. The [irineii)al statutes are a.s follows : — " Tlic Customii Act,' K. S. C. c. 32, which provides that all vessels with the i^tnis, tackle, apparel and furniture (.) .W-.-il ViL-. (lm|..l <•. 27. s. 2 (3). I/) ////(/. sec. •_', .ss. a. II.A.A.— II m r-i m 210 Exchequer Conrt — Aflmiraltij. thereof, as well as other property iiientioneso Ludti- tutinnr "The Department cif Murine nml Fisherie.s." anil providinjf inter >ili i^76'' Hs. 10'}, 105: and "an Act to amend the Law relatino- to the Use of Flails in the British Mnchant Service" (A). Tcrr'ittn'iiil Ju i''i' Art, l.s'SS, Clin.. Where a court in a JJritish possession exercises in respect of matters arising outside the body of a county or other like part of a British jiossession any jurisdiction exercisable under the Colcjuial Courts of Admiralty Act, that jurisdiction shall be deemed to lie exerciseil under that Act and not otherwise : C. C. A. Act, s. 2, s-s. 4. (h) ,52-53 V. (Iiiii'.) c. 73; Stats. Can. 185)0, x.\i. mw^ m ■212 KxchcqUiT Ciniri — AdhiintUj!. The coiumon law jurisdiction of the Adinimlt}' courts oxtemlfd over British sulijects ami jjersonsou hoard Ih'itish ships everywhere: R. v. Anderson. L. \{. 1 C'r. (*. lOI : and over foreigners on hoard forei^'n sliips only wiien tliey were in British territorial waters: K. v. Keyn, 2 Hxch. 1). (i.S ; and when such ships are private ships: Woolsey's Intl. Law (Am.) s. 54. By international law the territory of a state includes the coast-sea tti the distance of a marine Iea;,nie : M'ikiIkiji {Am.) Ivfl. Liiu'JJth Eil.,K.i>: or cannon shot from the coast: Ticisn ni) Laic of XdlionK.dssi) 2',)'2: VitlhTi^ l.aii' of XiitioiiK, hy C'hitty, [12!)]. And liy the same law the proprietory riLfhts of co-teiMiiinous states extend in the cases of naviii'alile rivers and lakes to the middle of tin; chiuuwl.atl iiic'liuvijiluiit iiiiioi . ( Vattel, [ 1-20| | 12.'? ). Tins princi[)le is adopted in tlie ti'eatii's lictwcen I'niti'd States and CJreat Britain, ami in the decisions of Commissioneis flefininn' houndaries hetween the United Stab's and British Nortii America of 17h;}, 1.S22. l.s42-(;, IS?.'}. The waters on the British side of the line i'r.nnin«r through the nuddle of the rivers and lakes between the United States and British North America as tixed hy treaties constitute a part of British territnry as much as the land (O. Salvace. Sulroi/i' of Lif'. — Salvage may he awaided hy the Admiralty Division for the saviui;' of life from any British ship or boat wheresoever the services are rendered, or from any foreijjjn ship or boat whei'c the services have Ijeen remlered either wholly or in part in British waters {/). The provision of Canadian statute aw as to salvaev of life is as follows: "When services are rendered within the limits of C\-vnada in savin^f life from any vessel, there shall be payable to the salvor by the owner of the vessel, freifjht, carifo, stores and tackle, a reasonable sum for salva^^e and expenses, in priority to all other claims for (() The IV.ii.l.- V. Tyler, ;< ( •(loley. Mich. Supn'm.' ("'t. l{,.p. SM, ^AL (/) L'4 V. (Imp.) c. IC, .•*. '.t, (tnti, p. 1%; ami 17 & IS V. (Imp.) c. 101, s. iM. ■■i' m ^m m ^^■^^ Snirage. 213 Itisb ,v of for foi- ls. 458. salva^iV. iiuil in ciiscs in wliidi sni'li vessel, stores, tackle ami car^o are destroyeil, or the value tliereof with tho freij,'ht, if any, is inauttioient, after payment of the notnal expenses incurred to pay the amount of such salvap\ the Minister" {i. ''., the Minister of Marine and Fisheries) "may, in his iliscretion, awanl to the salvor, out of any finiils at his disposal for that purpose, such ivniunoratiou as he thiid' ll'/vc/,' (ini^ S, the court was empowered to award renuuie- ration for the siilvaj^e of life (I). The words, "the lives of the pei-soiis lielone'iuij to .such ship or boat" in s. 45f) include passen^^ers who may be on board (»)) ; ami the section pro'>ides that it, lib' salvay-e, shall be paid by the owners of the ship or boat in priority to all other claims for salvage. Hefore this enactment no I'eward could be ;i'iven for .saxinj;- life alone (/*). The court is inclined to rcLi'ard with peculiar iavoui* the claims of jjer.sons who have saved life (<<). The provisions of s. 45S, M.S. Art, bS.-»4,aiid s, !l, A.CC Acf, ISGl, only apply to .services rendered to fon.'i;;;!! ships, wholly or in part in IJritish wateis. And it was held that the court had no jtower to awai'il .salvaj^c bii" life, only, for services rendered to a ft)rei^'n ship out of liritish j\n-isdic- tion, except l)y virtue of treaty arran;;em(.'nts between such foreign country and Great Britain (/'K Provisi(m is made in the .1/. N. .1'/ c Micernin^i- salvai;e of life from foreiu'u ships as follows: "Whenever it is made to appeal' to her .Maj-'sty that the government of any foreign countiy is willing that .sal- vage shall be awarded by liritish Courts for services I'endered in savine- HIV from an\- shiii belonging to such countrv when such shii) is lu'vond the limits of Ih-itisli (k) li. .S. ('. c. s], s. IL'. (/) Silr(r Jlii/liiiii. •J."^|p1i. 7i». (m) TIk /■'ii.i/V/, ,-, :u L. .1. .\,l •_>.-.. (») Tin Corumiinil,', .S\v. lio;. {<>) WiiH. * 15. Htl. (/') The Johtnui,.'', l.wsh. 1S2 ; The Wi/leiu III., :i \. k V,. 4^7. i^^ l1[' 214 E.rc]n'(iner Court — AihniraUi). Jurisdiction, luT Maji'sty iimy, \'. Aft. V.s'-T j. Salvage rewai'd for saving life can only he awarded by the court against owners where ship, cargo, oi* freight is saved, thereby providing a fuml (nit of which the award may be paid (/•)• Hence the provision in the Dominion, as well as in the Imperial Act, for cases in which the vesst'l is destroyed, or the value is insulHcient, that the Minister of of ^Marine in the one case, and the Board of 'I'rade ( London) in the other case, may awanl salvage rennnuration in respect of lives so saved out of the funds in the Acts men- tioned iNi, Although it is pai't of the i iiif Aef, ss. 45S (f scif. Section 476 of the latter Act being- as- follows: — "Subject to the provisions of this Act, the High Court of Admii-alty, shall have jurisdiction to decide upon all claims whatsoever relating to salvage, whether the services in respect of which salvage is claimed were per- formed upon the high seas or within the body of any county, or partly in one place and partly in the other, auil whether the wreck is found at sea or cast upon the laud, or partly in the sea ai\t partly on laud." The Admiralty Division (Kng.) is enabled to entertain all actions of salvage, however small may be the value of the property saved, or the amount claimed by the saf- vurs (./,•). Useful services of any kind rendered to a vessel or her cargo in danger of loss or damage, may entitle those who (if) The C. (.'. A. Act, «. 2, ss. (•_>). (X) Tlu Emprtss, L. K. 3 A. & K. 502. I 210 Excheq Iter Con rt — A (hii iralf//. ruiuler them to salva;xt' reward. Persons l)rinoii)o- a durolict sliip, or goods lM!loiioiii;r to lier, into port, raising' a sunken sliip, socurin;; the wreck, oi- protectini.; the cargo of a stranded vessel by transliipping it, or removing it to a place of safety, maybe entitled to salvage. So may persons who assist to tow or pilot a vessel in distress. The siij)plyingof marinei-a to a ship without a crew competent to manage her, the furnishing of an anchor and chain in boisterous weather to a ship at sea which has slipped her anchoi-, the rescuing of a ship from the peril of impending collision, tlu' assisting to e.xtinguisli a tire on board a sliip, or the towing of a ship from a dock where slie is in imminent danger of catching tire, are all acts which may constitute salvage services. Persons rescuing a ship from pirates or muti- neers, or from insur;;ent slaves, or from plumler by savages on an inhos)>itaV)le .shore may be entitled to salvage: so may persons carrying an oidt^r from a ship iji distri'ss for assistance, conveying information of the position and danger of a vessel in want of assistance, or going near to a ship in danger and hailing her to adopt certain measures for her safety {>/). As a general rule a mere attempt to save lives or property, however meritorious, or whatever degree of risk or danger may have been incurred, if unsuccessful, fiii - nishes no title to salvagt; reward (:). Mut persons may btj entitled to a rewanl. y*/v> funfo, for performing part of a .salvage .service, thouirh otliers may complete it. A pci-son Avho contributes in any way to a successful result is not to be depi'ived of i"ewai"d simply because his etfiirts standing nlone would have been unavailing (l' (.»/) Wilis. * n. ii:,. (:) Tlir riinr/iil. V2 V. \). ;i. (.() Wins. & it. nn. MiWfffl iT Salrfir/e. '217 nv I'ur- .1' ii i-son lini •r to I save Ith'-ii" vw labour and skill which the salvors incur ami l" the property salved (h). Another consideration is the value of auv pro!)ertv hv the use ot" which the services are rendered, and the dan<;er to which it is exposed {<'). The; propei't}' must have been in some peril (), CM ; Hciy.l's M. S. Liiws. HTH. M;irvm nii Siilvavr.. (Am.) >. '.'!'. (r) HiwcDc, 15, ami ()llii;ial lii>(;4. (d) The Marij, 1 W. H,.li. I.". (/■I rite .\; 1 ll.iiTK'. ■_';!(>. {/) T/ir F/i.iriir,'. Ki.rur. :>72. (;/) T/ir Wani,'!-, Liisli. trt!; 77,.' !.■• .!■,>■ i. I,, K. :; Ad. 5;U. (h) Kdscim', Ad. 11'. (i) r/ii- Clin/,"''- /■///«,(, l:{ I'. I). •.'')■.. (» /'(ir Shtl linrjr.i, l.'i I'. 1 ). U:'. !! ■> lOi 218 E.rcJicqiier Court — Achnirdltji. vosM'l reiKlorin;,' tlie services are entitled to recover for salvii^e remniunition, piovideil tlie services rondereil are not within tlie scope of tlie duties they are hound l)y tlieir contract of service to perform (/•). And even in cases wiiere tlie assistance rendered bfts been in the nature of towage, and the services of the crew have ])een of the same character as tlieir ordinary duties, and entailin;; little, if any, extra labour, some remuneration has been decreed (0. The owners of a ship may claim salvas.<(. (»0 lir llhnfnn,,, 10 1'. 1). 1()3 ; 7V.i (V(;v/./ t.c Liltdi.s, 12 V. I). 187. (II) HnHu(H-, •Jii.l K(l. 31. (") 7 1'. I). 17. (;-) Till' Riiiltu, IH'.II, I'. 178. (7) III,- Xduiii/lli, 10 V. 1). 4. (r) r/ie I'liiiz Ilfinrii/i, 13 1'. 1). 31. (>■) WlllH. ft I'.. Ifl. Salv(i<)(i. 219 no or for ,iike she had been al)!Ui(h)ne;l accepted by telejijrain an otter made by tele<,frani made Ity salvors at l\)rt Arthiir to take the vessel ott' for a certain sum " or no pay," no time being name(l within which tin,' contract was t(» be pert'ormt-d. The sal- vage services begun in December, suspended during the winter, and successfully completed in May following, were held to entitled the plaintifl's to an award for tht.' amount agreed upon, and that the law governing sal v.age agreements made by masters had no application to such a contract. In the same case the defendants set up, but failed to establish by prcjof, a usuage (jf trade, as being an implied comlition of the contract, that it was to be performed be- fore winter fully set in (0- Services rendereil in pursuance of an express agreement cannot form the subject of a salvage claim iniless the ser- vices were renderetl to property which has been saved, if not by the exertions of those who rendered the services at least by some other means ('()• In a recent Cajiadian case where a ship had been stranded on a rocky shore with a point of rock proti'uding through her hull, H. was employc(l to l»last it away and so free the ship ; the court held that although this Wfus not strictly a salvage service, yet it couM r.ward reasonable remuneration in respect of the same {»). A sailing vessel after collision with a stt-amer becoming water-logged and hel[)less an, C. A. (.) The C-sIa Rica, 3 K. C. R. 23; Vico-Adin. Cimrt, Br. Columbia. (w) The XainUsi, (,h>hn*i>n) ; The Faini// butard, (Upton), 3 K. C. R. 07. (■•■] II. M. S. Th'/;g, 3 IbiHii. IS ; Th> S„l„.i„, '> Hrtif^.. l!(12. I i I 220 I'J.i chequer Court — .1 (hniraltii. s. 4S7, M. S. Act, fixes tilt' inuxiinuiii ri-wanl at oiU'-hall' tlio value of the proix-rty salveil. Tn other cases a rewanl ei|nul to one-half of such value aftei- the expenses of the salvors have heemlethicti-fl may be sai,7.')() the court awaided t^.ODO as salvage (»■). Tilt,' rate of compensation agreed u|)on as to one part of tlie work where tlie services are coiitinuous and t)ne part not more ilitlieult tn- dangerous than the rest shoulil be taken as a measuie of comijensation for the whole (/'). (//) WiiiH. A; It. nii : Th,' i.'lrnijl.,; ;< K. C. U. (Cmi.j :)7. (.) Will*. * li. .•,;. (le to contribute to thesalva<;e reward in proportion to its value rateably with the other property saved (m ). It is unnecessary that there should be any evidence that the ship in danj^er either requested or expressly [;l) Th, /•■|/.ii/«r, M L. .1. All. 2.".. (A 1 Silvi r nullum, 2 Spk. 7(1. (i) 17 & IH V. (lm|..) c. 104, ». ISli ; TIk RosmUrl W 1). 41 ; Mil vuk. The A/rika, 5 V. D. I!t2. (./) ^.'i & 'Ji! V. (Iiiii).) c. (!3. «. 18. riic a.inii'-s, L. R. 'J Ad. 370. (<■) The Hliip Q,„Uc, 3 Kx. C. R. 33. (/) Wins. &. H. ICC. (m) Tht LviKjJonI, (i 1*. 1). CO. i I 4 ■'! i' ii-i 222 Exch equcr Con rt — A dm iraltij. accepted assintfince in cases where the court is satisfiod that the circumstances were so urj^ent that, if an offer of service had been made, any prudent man would liavu accepted it (v). There is no distinction between river aalvajje and sea salvafje (<>). Provision is made in T/if Merchdnt Shippinr/ Art, s. 497, as to salva(]fe {generally for a vohmbiry a;^reenient be- ing entered intcj, to liave the same effect as the bond ix'forred to, pof^f, and which may be enforced in a Colonial Court having Admiralty jurisdiction. A/p-port'itmvient of Sdlvacfe. — The apportionment of the amount of a salvage award among several claimants, in the event of any dispute arising, is, by the statute, to be made by the receiver, or the minister, or by a court having jurisdiction (p). Whenever the aggregate amount of salvage payable in respect of salvage services reiidci-ed elsewhere than in the United Kingdom has been finally ascertained, whatever such amount may be, then if any dispute arises as to the apportionment thereof, any Court having Admiralty juris- diction may eause the same to be apportioned amongst the persons entitled thereto. (M. S. Act, s. 4!).S). Where the services have been rendeix-d by otficers ami crews of Queen's ships, the salvage will generally be apportioned b^' the naval authorities according to the rules recognized in the service. And where revenue cruisers and C()nst-"uar(lsmen ai'c entitled to salva^^e, rules have been laid down for the distribution of salvatje amon;;st them {(j). In other cases the matter is in the discretion of the court, a)id it will endeavour to apportion the salvage ac- cording to the circumstances in each case, so as to meet the fair and reasonal)le demand of each claimant. The persons entitled to salvage are usually divided into classes, and a sum apportioned to each class, and then ()i) T/if Vaiithjrk, 7 P. 1). 42 ; "i Asp. 1". (,.) T/tc Cirrier Ih.re, 2 MtMj. V. C. X. S. 24;{. (/)) R. H. C. c. 81, 8. 44. (7) Wins. & B. 1.50. Salvage. 228 liUl'l 1)0 Miles [si'i's ravf |nt,'st the ac- kaeet into Ithen divuled anioiig the nieiiilt(n's of that class. The orilinaiy classification is into (1) The officers ami ci'ew of a ship: (2) Persons assistiiiff other than the otliccrs and crew of the ship : (IJ) The owners of the ship (/■). Wiieri' till' salvoix Ix'lono' to the same- class of life, have incurred the same risk, ami the same amount of labor, and have shown the same skill in the performance of the services, the Kn<;lish practice is to divide the amount e(|ually amonjfst them all. But where sonni of the .salvors have rendered special services, or have ineiu'red peeuli;ir risk, or sustained peculiar damage, they will be entitled to a larger share than the otiiers («). Where some of the salvoi-s are of superior station and capacity, and command ami direct the services of others, thev will be entitle. 41111, C. A. {«) Wins. & n. 115, IfiTn. (r) The SkihUidner, 3 T. I). '.'4 ; 47 L. .1. Ad. 84. PH!" h't i' I ±2i E.r chequer Caiirf — .1 diiiiniltii. i •' . n-spectivc services: where they Jire einially deserving, tlie rewanl will he eiiuiilly ii])porti(iiiey the statut«' (//) salvani- of life takes priority of all other claims for salvaj^e. Delay in cnforeinf; the lien may pi'i-judice the claim (:). In appeals in salvnerc cases where the ap|)eal is ;suli- stantially confined to the iitndit" m of compensation for salvan'e services awardeir seas adjoiiiin;.; thei'eto, the n<^]\t of the salvors to detain, or retain possession of, the property salved ceases upon a loml heing executed in the form foUovving, viz.: s.\i,VA(;i: no.vi*. [M. S. Act, s. 4S(;, and schedule W.]:— [y.ll. — An>/ (if t lie /KU'ticnUn's imt tii(nrn,oi' nut rctjuiveih III/ ratKiiii I if I III' vlitlia li/'imj (nil;/ (((/(liw^f the i(li'(/(i, etc., iii(i>/ lie (iiniltc'l.] Whereas certain salva<;'e services are alleged to have heen rt-mlerecl by the ship [i nsrrt na mcs af s/i ip n ml (iji'din- //«(//('/';•]. (onnnander, to the merchant ship [/nw^Y mnnt'j* (»•) /■//- .\/ Jur. 4(i7. ((() Till Ciirrnr l)iir, sujirn. ^Vrrrhnff Pnrlh;i,,s. nf ol- , ' ■ 22/) t'-oin. and of tho froi^^t ' ,""^ '^'"'^ ""^ ^' ^'^ cargo -"' ^J.oirn..sp,.etive Jk.? ^l '^" '" '-"^-t of s„ch cargo, /"^>' -"-'^' thou, snoh ; ,rr' ";•'' ''''""■•"■^^-tors'to "'; •"""' .A'.m/j, i„ ,s,„.| sons as [i/V/,r />,o-/ /// f »'0/(r f^/' // /^ "W '7/;VV' Oil ,( '«■ t'K' said sum of pel "J Kngland, shiiU ,ul ''crrl til,. HiVj, ( 'P'-"portionsandtos„ch,,..- M'A^' to he »»«irt, i\.Iniimltv Di "'■?— "■■^'"1 1" I.-,. 1.™ ™:, .v::-''"'^-'-- "- vision, In witi '^>.SH whoivof I i,av,. ) •»^"doro,l us aforesaid. seal, tl,is[/;,,v,w/A,,/„^,,j,^ '"^'^'"('(1, sealed, and d f 'creniito set '"y 'ifind and fn til •'li\('ic<| I •y tli«' said ixte r» At enacted l.y the Senat ' "if I llited St ttes of X '^ M.r.;(;K.s. WAV lilTit, I8!in. f''l". This Act shall cense to he in force from ami after a date to he named in a ])roclamation to he issued hy the (}oveinor-< ii-neral to the effect that the said reciprocal privilej;e has been withdrawn, revoked or remlered in- operative with nspect to C'anadian ves.sels uv wrecking appliances in I'liiteil States waters contii;iious to ('anada. By jiroclamation of the (!overnor-< ieucial. May 17, IM':!. 'I'he forc;.;oiiin- Act came into force- et\\een Ijii\e Erie and Lake Huron, ami the watei-s of the St. Mary's River and Canal are now in full force and eH'ect." l>.\M.AOK. The Court of Admiralty has ori^jinal jurisdiction to entertain clain\s for damage done to a vessel throu^fji the unjustiJiahle collision of another vessel, and f(a' damaii;e done to cargo on board such vessel, and for freij^ht lost throu<,di the destruction of the ship. And the master and crew of a lost vessel, as well as a passenjjer, may sui' in Adniii'alty for such monies anil private effects of theirs as may have ffma down with the vessel ('). The cot^nizanee which the Admiralty Court in Enj^dand takes of cases of dania;,;e is based pai'tly on original mari- time jui'isdiction and partly on statutes. It is provided by -i k 4 V. c. (io, s. 0, as follows : — that the ni;;h Court of Admiralty shall have jurisdiction to de- cide all diiims ami drmands wbatsijever in the nature of damage I'eceived by any ship or sea-goinj;' ves.sel . . and to enforce the payment thereof, whether .such .ship or vessel may have been within the body of a county or upon the hi;;h seas at the time when the ilamage was leceived . . in respect of which such claim is made. And 'J'/ir Ad inindtii Court Art, /S/!/, s. 7, provides that the ( "ourt shall have jurisdiction over any claim for damage done by any ship. In Till' Virr All ml niUij Ciuirls Art, ISI',.',, (now repealed) the jurisdiction as to daiiiiii;i' was over "Claims f(jr damage done by any ship. ' Section 7, of the Act of ISOl, has Ivcn held to extend to claims for daiiia^^es done to a diver and his property ( 1), (.) C a lin'akwattT (.'/). <>!• to a tt'lt';;raiili caljlo (/' ), or to a wliai'f ( /). Tin- ac'tiiiii for «laiiiage,s to c'rtr;,'o may In- a;;aiiist the owiHTs of till' ship (y). Ami I'V ^ It of that Act the court has iurisdiction (»ver " aiiv chiiin l-v thi' owiii-r, or consiy;nt't', or assie ship, utdess it be shown to the satisfaction of the court, that at tlie time of the institution of the cause, any owner or ]iast owner of the ship is domiciled in " Kng- hmd or Wales; " Cn innhf," t(^ \k' suhstitutcd for Kn<;Iand or Wales ' as before. It is further provided in the .1/. S. Art, part 10, applic- able i)y s. 517, to the whole of Her Majesty's dominions, that whenever any injury has in any part of the world been caused to any property beltjn^in;;- to Her .Majesty, or to any of Her Majesty's subjects, by any fori'i;,^! ship, if at any time thereafter such ship is found in any port or river of the United Kin;;ilom ov within three miles of the coast . . . she may upon its l)ein \. & E. 2«S. (It) The Clam Killaiit, 3 \. & E. 101. (') The t'hitse, Young's Ad. DeciHions, Xo -a Scotia 113, aftinned l>y th Privy Cduncil. lb. 125. (J) The Ferm, 1893, P. 38. (A) The aUboti, Lu«h. 14!t ; The Oritfiwald, Sw. 4W). w '2m E.rrJit'(/iirr ( 'niirf — Ad mint I hj. ( >w'iu!rs who liiivc cliiu'tcrt'il tlicir vi'.ssel ma}' sue in Adiniiiilty Top (iMiiiiiLi'c siistiiineil in Inss dl" tlif pi'o- tits which they iiiii;ht havf iiiailc out of thi' charter, hnt were prevented IVoni niakin;;; hy tlie vcHsel Ijcinj;' hunk in collision Iwfl'ore j^'oin;; on the voya^^e (/). Ah to colhsions at sea it has heen saiil tliat " there are lour ))ossil»ihties ninler which an accich-nt of this soit may occur: 1st. It may ha|>j»en witliout lilame lpeiiiy inevitable ^Hi accident, no liability attaches to eithei' jvirty (/>). (/) ThrAninitino, l.< i'. 1). C. A. Ill, till. ("0 I't-r litird Stowfll, in Thf WixkIi-hii Sims, '_' |)i«1k. S.i. (/() Thr Hihrrnw,,, 4 l". C. 511 (IH?'.'). („) .Sr n.- l»'.ir/.7, V. A. IX M. (/<) The Uhta, lit L. '('. N. .S. Kit ; Thf lir.,,!, L' W. Ko\,. 20.-). •. 1 ,.i i. ■ , ■■J'' 1), iHiii;/< •>:\\ ,./- O'- ti'V • of oS^ V a il.lo WliiTc till' »'i»lli,simi is (K'cjisioncil ity llic luult of Iiutli sliipH the loss is t'(|Uiilly !i)i))()rtic(\vccii tlit'in. (7) Tilt' ship .1/. ('. r. iiKMiK'd !it wlifii-f liMil iuicliiir i|iii|i|)('il sDiiii' ilistiinct! outsiilc in tlif line (•!' iiicoinin;; ncsscIs Till' ship A'. //. ciiiiii' ill siit'i'ly lnit in luickiiiL; i>ut, in ii ilift'rr- t'lit line, ran into tlif nnclior mihI siiM'tTi'il il!iiii!iL!< It was hi'lil on till' I'vidcncc that hotli m-sscIs wi-ii' to lilaiiii", ami oiu'-hiiir daniayi' shoulil In' lioriu' hy racli as in rases oi' Collision (/■). wo sti'aiiirrs a])])roacliiii;;' racli otlH-r ni'ar a ]niiili( il.li harhonr in ilcnsi' i'o;;; with iiiiitiial notici' of proximity inain- taincti spi'i'il of o\ it tliioi' knots an hour I'ucli, ami a collision oocuiTcii. It was held, that that was not iimlrr tin' cir- cunistiuiCL's, a "nioilcratc" spei'd within Art. \'-\ ot" the llcnii- latioiis For Pn'vcntin'j; Collisions at Sra, ami that the vessels were nmtnally to hlaiiie For the collision ; also that where I'otli ships are at Fault, the law aiiportions the loss hy ohliiriiijr each Jiarty to pay onedialF the loss oF the other (-:). Whero two steiuiiers oF considenihle li'n;;tli and di'a'.i;,dit, one enterin;;, the other leuvinij the port oF N.. si^nialied to each other that they hoth proposed to take the same channel, wliieli tliou;^!! short, was narrow ainl tortuous. ( )ne ateiuner hein;; Fully committed to the channel it was the duty oF the other, under Art. is, U. S. ('. c. 7!t, to rem.iiu completely outside till the first had pas.sed com- ]>letely throueh. And where a collision appears pfwsihle, I'Ut as vet easilv axoidahle, it is the diitv oF each com- mamler to take the steps rci|nisite For the safety oF Imth vessels anil iu»t to necessitate the other to ivsort todillicult o!' emliarrassiii;; mami'iivres to avoid catastrophe {f). Where two ships are einially to hiaiiie For a collision witli a third, the owners oF the injured ship can recover the dama^res From either (*'). (7) Vdii.r \. Shifir; Tin Imm'ii'in'ln S,ii;i »V,r.. 117, (C. .V.) (:) Till Ziimt»»i, (.foluison) Tin t'unuii Imtnnl (I'lituii), ;i K. C. K. (Clin.) (17. (ii) Till Jiilin Oici'ii, ') C. I,. ■'. .Vm; ami s.'.- (*a«sfU' Iti^'. IH'.W, for Sufi. Ct. ll«'p., pp. .'^illt, f)20. (6) T/i. .\,„l„, l.H 1'. I). ;V.. (i) IJi.yd'ri .Mfn;haiit SliippiiiK' l-aw-, (Kd. Ifi7tl) l-'iis. Damo'ie. 233 i>v SSl'l lie IS \\\\\X The burden of pi'oof is on the owners of tlie vessel in motion to show that the collision was not throu<^h their negli^'ence whei'c a collision has taken place between a shij) in motion and a ship at anchor ('/). Pn'ntiiud IhdiKd/e. — It has been lielil that " ilama^e " within tin meaning of the 7th section referred to in- cludes personal injury ; and that a diver who was injured by the paddle-wheel of a steamship owing to the neuH^ronce f)f those in char;jie of the steamship, was entitled tu an action of (hima<^e ai^ainst such steamship {e). A passenger may sue the master of a ship in Ailmiralty for personal injury sufVered on board at the hands of the mast''' ' t'). A seaman, also, may recover damages against the master for ill usage ((/). In actions of damage for breach of conti'art within tln' lueiining of section () of t\u' Ail mi rail if i'mii't -,1(7, bS(ii, the- (.'ontract will be constructed according to the law of any country which the ])arties expressly or impliedly agrcdl sliould govern the ctiae. {Ii) If no such law has been agreiMl on, the contract is governed by the law of tin- country luider whose Hag the ship sails (("). Ihiiiiiii/' fo Ciii'(/i>. — In a collision arising otherwise than through unavoidable accident, if damage is done to cargo, the owner of the cargo can recover damages frmn the ship that has cau.sed the injury. Where both ships are to blame, the owner of the cargo is entitle41 ; Tiu K„ii„i.i>, 41 L. J. .V.t. ?.t. U) Thi Milan, Losli. 404. See also Tlu i'it;i uf Munch, uti r, '^ V. D. \K 21; ThcVonisttl.oV. D. l".".!. w il 2:{4 K.irJici/iif'r Court — Adiiilrdlt//. iiiiilii' A'l/v/ Cit iii/ilit'll's Art till' wliolf (laiiiuj^c iii.-iy hii rccoviTt'il fi'4uinst tlic owners of one ot" two ships wliicli are lioth to lilaiiK' (/.). Persons who t'nriiisli niooi'iii^ tor uiiloailiiin' of vessels iiiii>!ic). Till' withholding hy the master from the holder of a hill of Jailiii;.j such particulars within his knowledj;;!' as are necessary in order to compute the amount of frei^^ht and ^^eneral avcrajfe contrihution (//) : refusal hy the master to delJM r ;;o()ds to a vendor havin''- and assertiny: his I'iiifht t*^ stop the i;oods //* t rn iifitu (ip . and hai-ratrous acts on the part of the crew : have all heen lu-ld hreaches of duty or ciMitract within the meanin<; of section «J of the Act (/■). If a defendant hrinj^s a cross-action, oacli owner recov- ers oiiedialf of his own loss (s). The court can also order a nlaintitt' in ai\ action for d!ima;;i's hy colhsioii to yive security tor damages to a defendant who counter-claims (/). (/) Till llrmiiKi, \-i r. I>. :>HV. A. (/) Thr Mooreork; IH 1'. I). i:.7. (Hi) riif SI. floitil, Mr. * li. 4. (ft) riit Iliihia, n,: fi L. (il. (ii) 77/(' /ro/i.i/./f 1. |,w<), and also to the freij^ht ('•). C,ii-;;(> not on board at the time the injiiiy was done may he arresteil in respect of freight already- earned or liein<>' earned at the time of tin; collision (w). In an action for damaufe liy collision instituted 11 years after tlu" claim arose, the plaintitl'not havines, all the direct con.se- <|Uences of the injury, such as the loss of freight, deten- tion, and expen.se, are to be taken into consideration (/y), and loss of a contract (:), the maxim bein^f rcKt'ihitin In i iiliyrniit (), nor a sum jiaid as commission, for bail in a salvaj^e action brou;;ht a;^ainst the injured shij) {(•). l.'(thi/)i'iisr loss of /irh/lif. — Whei'e a ship tuider charter was totally lost toj^ether with her car<;o in conse- i|Uence of a collision, the amf)unt of the gross fi-eight was ascertained, and from this was deducted the charj^es which would necessarilv have been incurred in earniu''- the freiiiht and which were saved to the owner in consecpience of ]u^ ship bein;^ unable to proee(>d : the sum thus obtained, to'^vther with interest from the date of the proliable ter- mination of the voyaye, was declared to be the lut'asure of damages (»/). ((/) Til,- M.'xini.l,',; 1 Dixls. 2:8; I'hr /;»,„/.,•, 1 HiiR^f. liU. (r) Th<- l!,<,r,li,l\ •> \. k K. ;<(!.!; :W L. .F. A-l. .Mi. (ir) riir /,.■.., LiHh. 4U; IM L. .1. A.l. 1>< \ T!n- ih-jil,>,rs, :', A. «: K. :m.ien,r>l'. I). '_--':•: Huyd \. .S. Uw.s, 2(>0; Th^ Cilyj /.hirohi, !■■> r. I). 15. (:) r/i>- .tn/niliii,; l;< V. I). I!)l. («) T/ir IUr,ih-im, 10 1'. I).; Tn. Clifl,; .S. W. •_'». (/>) riii' .\ntli,„. Hill, !) 1'. I). 10-). (•■) Th,- lliitish Cnnimrrr,; !l V. D. IlM. {'>-) Tilt CoiHivIa, LumIi. oM. m I ! '1' 2m I-- i- I- ■ Kxclieqitir Con it — Adminilfi/. The practice of the i"ej,nHti"iir and luercliant.s is to inquire : 1st, what woiilil have hi-cn the amount of freight payaljle ha. — Proof of actual damage is not neces.sary to sustain an action in a ("ourt of Admiralty for wrongful ai-rest, if the seizure of (' ) I'hi dill, .■• N. K. ItH. (/) T/« riii„ili,„, 32 \V. R. 27(i: .•) Akp. 178. (;/) rhi M/ Knit. .\i I,. .(. A«i. 71. Ui) rill i»iV K. M. I Daviagt tlK' vessel was tl.. ,..H„It of ..aA, /;,/,, 2:}7 or r/v,*,,, .»^y/iW,, 1-^'"M Of rnK,.,M,.v,,.v A,T r.v Act ION ron DAM.u.KnYCoi. usroN (m). ;i'reliminary Acta.] "ni.kh.u.koktkkp,,^,,,, TJM-S, OWNKIC8 OF TltK 1. The names of tlio ti r '• «>")■ -Hoiith, south-eaHt., The state of the wea ' Ti • i , '''• «•"•'■■ ^*;. Tl.ick fo«. wi,„| ,„^,,_ '>'«^lic.lH„.I,l,.„iyaway. The state ttu.i force of ... "• t"f ti.le, or If the ,.,W|i ! «'on occurred in no -j ;|;l;jluaterH.ofthec„r.' '•'••N"ANrH. ow.VBHs OF "IK Juno. The ship ,/«„„, TheW-^-*^''«'«r- A- B I Master. About 11 B ,„ hj i . a.m. on ■V'i)tember 2!l, 1891. Mid.river, off the '" the Kuer St. Uw rence. ^''^' About S. E. Hazy. T IP conrsc a„k- TIKKH, OWNKUH OK TIIK IKNUANTR, OWNERH OK Leo. IIIK Jllllt). !t. ' !l. '.I. Till' (liHtRnceaiul bear- About tliree pointHon About five or hix sliip'x int; of the otlier Hliip sturboiird bow. IcnuthH otT, iiiul on tliu when first seen. About a cable's length port bow of the y ami witli tin- ailvicc ami (.•iniMUt nf the Siiiatc amlHuiise of C'oiuiiioiisol' (.'aiiaila. ciiacts lis Follows INrKIM'HKTATlMN. I. Ill this Act, uiihiss the fontfxt otluTwise retniiros, — inteipjotati.m (it) The t'xpi'ossion "vessel ' iiiciu"- mcliuk's every vessel propelled wholly or in part \>y steam •^iiip" or by any iimehiiiery or power other than sails or oars; ((/) The expression " orilinary priictic(; of seamen," as rmiii i ut ,. , 1 • 1 I I !■ SI'UUIUU. apjuieil to liny ease, means ami iiiclmles tlie onlinaiy practice of skilful and eaivful peisons enj,'a;;ed in iiiivis;at- '\uM(tit, tn l'"iiii(li, Italian, v. .Stjit.-*. r. .S., ISSll. p. 7Hr> ; .sir i\,\»i> " .1(1 All l« I'tl'pt llir Hn-iM,l t„l<,-iiiiti'<'ii„l Hr./n- lutiiiiish'i- tlir I'niriUinn <(/' ('I'lliiiinis iit ,V'i'," 'J.'i U. .S. Stuts. at I-ttrK*". c- "'•*>■•)> IMl ..f ll|P 'iitidii hI IllllowillK *'*>*'-'*S^;/ othei-s, shall be carried in all weathers, from sunset to sunrise {!>). Art. 'i. A steamship when under way shall carry — (\irt« have a|i|ilii'il tlioni ( T/h' Siilt'otlfr Ilnlr, (i llenfdiit. r>2a ; The I'n, SIkIi; Hrown. Ad. ".'.'il, L'tU ; '/'/'<■ Si'oliii,'! Hlaclif. :m. U Wall. 170 ; I'lf /t././mlu,,,/, 7 Davis. .V)". ; TA.' Jtolf, 47 F.'d. K.'i.. (ISlMl 'J'.'O ; Tin /.i^h„„e,isr, .-);« //././. •_'(»:! ; 7V,c .S7. ./../,», 54, /l>i,l. l()l,->), (/,) S,r Thr Aiujln Iwluin. 'JH W. K. )5.s2, .U L. T. N. .S. 2:« ; Th-- .\t'4; T'" /'/('"■., 14 I'. I). 7:» ; Th, Jioh /.'..i/, 3 W. H<>1>. IHO; The /."'■"(', 2 Stii.'V. Ad. 177 ; Tli'' Svi'tin, sn/tni, Henry's .Vdni. (Am. I 271'. liilL X(iri(/, a rml li^lit, so ooiistiuctfil us to Arte. 4.B. UH- Itetl to I tbo to lilt H llsM) show an iinirorni unti.aiiior«iiii cahle, or which Irom anv accident is not iimler command, ""' i'"'i<>> ' _ _ _ (MllUIIIlllll. shall at ni^ht carry, in the same position as the white light .which steamships are reipiired to carry, and, if a steamship, in place of that lieht, three reil lights in elohnlar lanterns, each not less than ten inches in diameter, in a vertical line one oxer the other, not less than three feet ai)art : and shall hy day carry in a vertical line one over the other, not less than three feet apart, in front of hut not lower than her foremast head three hiack halls or .shapes, each two feet in diameter ; (ti) Tliese shapes and lii,dits are to he taken byap-wi'itto proachinji; ships as signals that the ship using them is not under conunand, and cannot therefore get out of the way ; (<■) The Firf (^hiecn, 12 1'. I). 147 ; The [hmrlm, 'J 1'. \). \M. B.A.A. — IG IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I IIIM IIIIM ilia |||m m 2.0 1.8 1.25 1.4 1.6 ^ 6" — ► m. <9 /} A VI ^"3 . ^^ W^ ^v N> "h V "<* 6^ •f^ ^ £?< iP- C/a ^ iVfTW i'i !■■■ t : I H 1M I: ]:i 242 Arts. 6-9. Wlien to cari'y Bide lights. By sailing ships ill motiou. By small vessels in bail weather. Lanterns to be painted out- side. By ships at anchor. By pilot vosBels on duty. Ercliequer Court — Admiraltij. {h) The above .sliip.s, when not niakin^^any \vuy throui^'h the water, sliall not cany the .side liglits, but when niakino- waj' shall cany them {(I) ; Art. fi. A sailing- ship nnder way, or bein(>' towed, shall carry the same lights as ai-e provided by Article 3 for a steamship under way, with the exception of the white light, — which she shall never carry {c). Art. 7. Whenever, as in the case of small vessels durinor bad weather, the g-reen and red side liglits cannot be fixed, these lights shall be kept on deck, on their respective .sides of the vessel, r .'aily for use ; and shall, on the approach of or to other ves.;e1s, be exhibited on their respective sides in sufficient tin ft prevent collision, in such nianner as to make ihem most visible, and so that the green light shall not be Sv^cn on tb'. port side nor the red light on the star- boa; i side ; To make the '.,.- of these portable lights more certain and easy, the lanterns containing them shall each be painted outside with the colour of the light they respectively con- tain, and shall be provided with pro]ier screens. Art. gl--s on the one .side and a ml ' ",'"'" "'*^' ^^ S'^- -» the approach of or o tl ^T "" "" ^'""^- ^^''^ '-'^ «^a]l be exhibited in .nti^^^ ^^ '''''''^'' «"^J^ J-'tern that tl <-^'t'nt time to prevent coll umt tl.e green lio-ht shall not i ^ ''" *he red light on the start ''"^ ^'" "^^ ('') A fishi 'oard sicK IS ion, so port Hkh, n(u- anchor, shall exhibit 'i'»y vessel, and !^" open boat, \y] shall ('') A tish '"«• vessel u-he •jright white li.dit 'Cn at the w he 'II nt aiiciior. lin carr\' on one of ] Ji eniplo^-ed in drift le, one over the otl 'er masts tvvo i-ed li-dit net fishin-,' ]• ■is), iiR vpBseln tw (^0 A t. ler, not less than tl 'iwler at n-ork shall '- %hts in a v..rtic.U lin '"^' "" '"^^ '^f ''^'- > '^hts in a vertical nZuf' "'' iiree feet ajiart ; than three feet green, and shall al' ■ipfirt, the "»e oxer tJie otlier nasts upper light not 1 for oth ■^o either cai-ry the sid i-ed, and the Iom- ess I'.nvli; work. I's nt er ■ve «r ve.s,sels, or, if the sid '•eady at hand tl « ', or a lantei ha Articl scribed (^) Fi.sh vented from using fla so to do '« J'fiiits cannot b e lights required '« coloured lights ■" with a red and e carried, 'i« p)-ovided in '" I»>'»S.apl, („) of thi. Article': ""'""' "'"'"' "' ''''■ using tJare-un ol.f .•.. ..1 ,-,. "P light in addit not be pre- Fi are-up for th (/) The lights mentioi •on, if they desire''""" 'ose mentioned in the 12tl led in this Article the Convention bet\v «re substituted t{ 'j« s/iiil litilits The Ii I,,,, , '"Jii^iiiL'a ■■" '."in limits 'j I'itli and 74fli a,.j.- i „r,"'"^'itiiti.i .or "lu l^Ui Articles of "'"«*! mill' r '■^^'•''A .S'm Fisherie, A ''" France and England (9) All lights shall be in globul <^'t, J'SO'S seheduled to "'"''^ (-'nllVi'lluoll rasice. required by thi.s \rticl «hall be in globular htnterH ZZ 'f'''''''l'' «' round the horizon (h) ' '""■^tructed as to Iff) nej>unelm •^cept side lights, show all r-iiuteriis for 'If,' I Us. I>unelm. ('>) The Wanvick *iipra. » I*. J). 1(54. 1'' V- D. m ; T/ie Tnve,l •'•''■^■'Me, U P. D. 104; n. i i>r If > miii 244 Exchequer Court — Admiralty. ^^^- ^^'^^ Art. 11. A ship which is beinj^ overtaken by another Ship overtaken shall show from her stern to such last-mentioned ship a yanotiei. ^yj^j^g ijgixt or a flare-up light (i). SteamsliipH to have certain 8ound BignalH. In fogs, etc. BlastB at interval by Bteaiuships, Signals by fog- horn by sailing ships. Byriuyiugbell. Sound Sifjnalsfor Fog, etc. Art. 12. A steam-ship shall be provided with a steam whistle or other efficient steam sound signal, so placed that the sound may not be intercepted by any obstruction, and also with an efficient bell. A sailing-ship shall be provided with an efficient fog horn, to bi; sounded by a bellows or other mechanical means, and also with an efficient bell ; In fog, mist, or falling snow, whether bj^ day or night, the signals described in this Article shall be use ^ < s follows ; that is to say : — (a) A steam-ship under way shall make with her steam whistle or other steam sound signal, at intervals of not more than two minutes, a prolonged blast ; (b) A sailing-ship under way shall make with her fog horn, at intervals of not more than two minutes, when on the starboard tack one blast, when on port tack, two blasts in succession, and when v.'ith the wind abaft the beam, three blasts in succession ; (c) A steam-ship and a sailing-ship, when not under way shall, at intervals of not more than two minutes, ring the bell (j). B I i1 111 J I 1 Speed re- stricted in fog, «tc. Speed of SJtips to be moderate in Fog, etc. Art. 13. Every ship, whether a sailing-ship or steam- ship shall, in a fog, mist, or falling snow, go at a moderate speed (/l). (0 Thf Stakfsh}/, 15 P. D 166; The Imhm, 14 P. D. 73; The PaUmmi.t, 13 P. D. 14; The I'atrodus, 13 P. D. 54; The /Cssei/iiibn, U P. D. 5 ; The Main, 11 P. D. 132; The lireudttllmne, 7 P. D. 180; The Pacific, P. D. 124 ; The Sardinian, 2 R. & G. (Nov. Sco.) 49!>. (/) The X. Strong, 1892, p. 105; The Love lUnl, P. D. 80; The Rosalia, 5 P. D. 245'; The /adok, 9 P. D. 114; The Zambesi, 3 E. C. R. (Can.) 67. (A-) The Ehor, 11 P. D. 25; The I>nrdo,pie, 10 P. ]>. C; Thf lieta, 9 P. D. 134 ; The Zaduk, 9 P. D. 114 ; The Kirhi/ //all, 8 P. D. 71 ; The /.ore /iird, supra ; The t/eather /ielle and Fastnet, 3 E. C. R. 40 ; Lohnes v. The Barae- luiia, 10 q. 4. R. 305. Navigation. Steering and Sailing Rule, ,l) Art. 14 When t t Arts. 14,15 »"othe,., „„■„, to invZ Ak'Sti;: """ "PI"-"-'""-" one«I^ »to-l„.„,| i„ek : * """»P V, l„ch « clo.,e-l,a„WI on tlie »'» Hx,.p „„t of e,,^ ,™;':/:t ^^,;;™'' o. the port .i,ie shall alter Jier course to st-i-v,....! . ^o">«on, each "'^^•""«- on the port side of the other (/" ' " '''''' ''''' '-^^^' P^^«« (") This Article only aonlfp " f ^eetino. end on, or near vtn ■ '""'' '''^'''' ■'^'^'P« are,. . -volve risk of'coll ^: \: ',7' '" ^^^ ^ --^er as to-=-°^ ^-^^■•eh must, if both ke p tl ■' '"' '^P^'^' '' ^^^ ''^'"1- clear of each other ; ' '^"" ^■^'■^1^^'^^'^'« courses, pass C^) The only cases to ^yh■wh h i each of the tu-o ships is end "" "^'^'^y '^''^'' ^vJionc.- . , ^4-u • , '^"'j'rt is enu on oi- do.h.i,, 1 S'l'-c"! to which other; ... ol],«. „.„,.,|,, to e,«, i ° , ■> ■-;"' »"■ 'o the '"■•.■«••• sees «,e ,„,«t, of tl,o „ |„; '^ :'""''■ ^r ■>V. cad, ship her own ; anil by „,Vht LI , ' '"' '"""''^ '"' " '""= «-ith (/ir/.y,. ^""™<^. or bv inoJif f ,, '^ 'loes not •^""""' ^'f- L. K. 341, l8^<). 81'' ; ■■^■^a-MV.tOii-mfM: 246 Arts. 16-19. It i< m SteamB)iips crosBiug. Bteainshii'S and sailiij(j ships. Steaiiisbipa Hearing a vessel. How steam- ships may si^jiial by steaiu. Exchequer Conrf — Adiniralfi/. cases where the red light of one ship is opposed to the red light of the other, or where the green light of one ship is opposed to the green light of the other, or where a red light without a green light, or a green light without a red light, " is seen ahead, or wdiere l)oth green and red lights are seen anywhere but ahead. Art. IG. If two ships under steam are crossing, so as to involve risk of collision, the ship which has the other on her own starboard side shall keep out of the way of the other {m). Art. 17. If two ships, one of which is a sailing-ship and the other a steam-ship, are proceeding in such directions as to involve risk of collision, the stoam-ship shall keep out of the way of the sailing ship (;;). Art. 18. Every steam-ship when approaching another ship, so as to in\olve risk of collision, shall slacken her speed or stop and reverse, if necessary (o). Art. 19. In taking any course authorized or x ;quired b}' these regulations, a steam-ship under way may indicate that course to any other ship which she has in sight by the following signals on her steam whistle, that is to say: — One short blast to mean "I am directing my course to starboard ;" {,11) The nan/ iiig another. preceding Article, every sliip, whetlier a sailing-sliip or a steam-ship, overtaking any other, shall keep out of the \, iy of the overtaken ship (p). Art. 21. In narrow channels every steam-.ship sha!l, ^^rrow'^''^^'° when it is safe and practicable, keep to that side of the <^'"*°"«'^- fairway or mid-channel which lies en the starboard side of such ship (q). Art. 22. When by the above rules one of two ships is ^i'i'^S'^'f y to keep out of the way, the other shall keep her course (/•). Art. 23. In obeying and construing these rules, due [|a,uo^datf^tis regai'd shall be had to all dangers of navigation, and to °* "'^^'fe'^'^'o"- any special circumstances ^\ nich may render a departure from the above rules necessary in order to avoid innaed- iate danger (s). No ,s/d[), under any ciirarastancrs, to neglect proper precautions. Art. 24 Xotliing in these rules shall exonerate any Rules not to , excuse. ship, or the owner or master or crew thereor, trom the consequences of any neglect to carry lights or signals, or of any neglect to keep a i)roper look-out, or of the neglect (/■) Th:' Enrl S/i,;u;;; :« L. T. X. S. '2?> ; 4 A. & K. iU : The .Uni),, 11 P. D. l;{2; The Kirhij UatI, 8 1'. 1). 71; Th,' .]/,.lin;; ISll.l, |'. lM7. (7) Thr Ithuddtt, 8 App. Cas. 54>,l; The /,.■,■,,■/,(;//.-„, 11 V. 1). 117; The Cli/iluc/i, .5 As]). 330 ; The F. J. Kin.j, 8 C. L. T. l.^'.t. ((•) The Warrinr, mqim; The AYnnna, siiprti ; T' e Titsinaitia, siipru ; The Leeerinytmi, 11 P. D. 117; The liernl, P. D. 1H7. (,?) The Mho and Amelia, 'Z\ \\. K. 707 ; 2!) L. T. N. S. US; The Amerieiut and The Si/ri(t, supra; The W'aericr, uttpra ; The A(/((, sit/)m ; The Jli/icell CaMk; 4 P. D. 21il C. A.; The /kiutre.s, 9 P. D. Iti ; The Tasmania, ^iipra ; The Tweeihdale, 14 P. 1). 104. mi.> Ml iniivpupiippnpp w^"iiiilii ii-^i 248 Exchequer Court — Admiraltij. Art*. 26-28. of any precaution required by tliL ordinary practice of seamen, or by the special circumstances of the case (t). Reservation of Rides for Harhoivrs and Inland Naviga- tion. Rules by local -authorities. Squadrons or couvoys. Art. 25. Nothin. If, in anj' case of collision, it appears to the court before which the case is tried, that such collision was oc- casioned by the non-observance of any of the rules pre- scribed by this Act, the vessel or raft by which such rules have been violated, shall be deemed to be in fault: unh'ss it can be shown to the .satisfaction of the court that the cir- cumstances of tlie case rendered a departure from the said rules necessaiy. 43 V. c. 29, s. 6 (r). tt. If any damage to person or property arises from the the non-observance by anj- vessel or raft of any of the rules prescriljed by this Act, such damage shall be deemed to (V) S.-e Th,- Iliherni.i, 31 L. T. X. S. 804 ; 4 W. R. (iO ; 7V(c .I/,/./,/-', 4 A. & E. 417 ; The iiurkhuiM, ll P. \). l.VJ. Sees. 3-6. I'l'ovisiiiii fts tr) local by- laws aiul luios. XV imlty for wilful (li-i- olwdk'iice of tin.-, .Vet. Collision from i!ou-ol)serv- luioe of rules. T.ialiility for damage oc 'a- sioiied by non- obscrvaiico of rules. :■■ I f>n,mmmmmmmmmilim il 2.10 BecB. 7, 8. Civil or crituiiial. Caso wlicin botll VCHHCls aits ill fault. Iinp. Act HO- ST V. c. 00. Recovery of liemiltics. If not imifl. Ap|)liciitioii. Exception. E rcht't/iirr Cmirl — AfhnirdJff/. liiv\e boon occasioned by the wilful ilnl'ault of tlio person in cliiir«fL' of sufli raft, or of the deck of such vessel at tho time, unless the contrary is provt^l, or it is slunvn to the satisfaction of the coui't that the circumstances of tlie case rendered a dejiartui-e fi-oin the said rules necessary; and tho owner of the vessel (jr raft in all civil proceedinj^s, and the master oi' person in charge as aforesaid, or the owner, — if it appears that he; was in fault, — in all proceeding's, civil or ciiminal, shall lie subject to the lej;al coiise([Uences of such default. 4:{ V. c. 2!), s. 7 (<(•). 7. In any cause or proceeding" for damages arisiiiff out of a collision between two vessels, or a ves.sel and a j-aft, if Ijoth vessels or both the vessel and the raft are found to have been in fault, the rules heretofore in force in the Court of Admiralty in Kno-land, anil now in Her Majesty's Hi^di Court of Justice, under the " Haprcinc Court of Jiul leaf lire Act, 1S7-1" so far as they are at variance with the rules in force in the courts of conunon law, shall prevail, and the dama<;vs shall lie borne equally by the two vessels, or the vessel and the raft, one-half by each. +3 V- c. 20, s. S. H. Uidess herein otherwise provided, all poJialties incurred inider this Act may be i-ectivered in the name of Her ^lajesty, by any inspector of steam-boats, oi- by any person a;^. Whenever foreij^n shins ai-e witliin Canadian watei's, Fmcimi siiip^ the rules tor preventing' colhsioiis prescribed by tins Act, waters, and all [)rovisions of this Act reiatimf to such rules, or otherwise relating; to collisions, shall a[)ply to such foreign ships; ami in any case arisine- in any court of justice in Canavi'on<;ful act, ne;L;lect or default (.''). 4>:]y.c.2<),H. 12, purf. 11. Every master or person in char, to render such assistance, or to ,<,dve such information as aforesaid, is ;^uilty of a misdemeanour: and if he is a certificated otHcer under Canadian authority, an iiKpiiry (x) T!i>- Qwni, 2 A. it !•:. :r)l ; T/f Atlri'i/ir, ;!3 L. T. 1(12. tiTS llf vessels ill easo i>r LMillisiciii to I'ciiiltii'assiHt- li'luult. I'lirllifr lnjimlty ■^'1- , ji'iijw" wif«Ti' AlilMTY IX CASKS OF DAMACK HV COLLISIOX. In mklition to the statuttiry provision set forth, date p. 2.")2, limiting the liability of owiu-rs of sl!i])s for loss or (liiiimge occasioned by the improper iiavig-ation of a ship corresponding- wi.h jiart 0, M. S. Act (lu)p.) except in some particulars, thei'e is also a limitation in case of loss of goods contained in the — Act respecting the liability of Curriers by Wiiter. ii. S. C. c. 82, as follows : — m\ ! h luterinvtatioii I. In this Act, unless the context otherwise ivijuires, — "Good!-.." ()i) The expression " goods " means and includes go(jds wares, merchandise, and articles of any kind whatsoever: (/() The expression " valuable securities " includes every tlocument forming the title or evidence of the title to any property of any kind whatscjever. 87 V. c. 25, s. '.i. " Viiliiftblc Becui'itios.' Carriers by water to re- ceive mill Clin- vey ims^-oii- gers and goods. Hesiioiisibility as to Roods recei%'ed by and deliveied to tUeiu. Loss or damage. Proviso : exception in certain cases. 2. C'arriei's liy watei' .shall, at the times and in the man- ner and oil the terms of which they liave respectively triven iniblic notice, receive and convey accordino- to such notice, all persons applying for passage, and all got)ds otter- ed for conveyance, unless in either case there is reasonable and sutlicient cause for not doing so : 2. They shall be responsible notonh' for goods received on board their vessels, but also for gooils delivered to them for conveyance by any such vessel, and they shall l)e bound to use due care and diligence in the safe keeping and punctual conveyance of such goods, subject to the provi- sions hereinafter niaile ; 3. Tliey shall l>e liablt; for the loss of or damage to goods intrusted to them for conyeyance as aforesaid : 4. Provided, that they shall not be liable to any extent whatsoever to mnke good an}' lo.ss or damage happening ^vithout their actual fault or privity, or the fault or neglect of their agents, .seryants or employees, — SL niKnnu'r s Lidhllifi/ T.'nnited . 2or, {«) () an y o'oods s on liiiavd aiiv such vessel, or < le! IVerei Sec. 3. to tliem for eonvoviuice therein, l>y reason ol' Hiv oi' tlie dangers of navii;-ation : (li) Ai'isinu; from any defect in or from the nature of the tl oods themselves, sistiblo for -or )1.)1 rom armed roijherv or otiier irie- th Xatiiif of liobljurv. te ('•) 'I o an\' ^'olil, silver, iliamonds. watches, jewels or\iiiuai precious stones, money or vahialjh' seiairities or aitich.' of lH]ll'^S VlllllO gl- oat value not lieinu' ordinarv merchandise, Iiv I'easun of lieclai'ud. any rohhery bh theft, ■mliezzlemeiit, removal oi' secretin' thereof, unless the true nature and value thei'eof has. at tin- time of (h-liv(-ry for con\eyance, lie(-n declared hy the owner or shi^ijier thereof to the carrier or his aj;ent or sei-- vant, and entered in the lull of ladiiij:' orotherwise in writ- ing. 37 V o-; .). s. 1 ;t. Carriers bv water shall he liable for the loss of oi- lamau'i to th ill le personal r)ae-o-;ine ot pas.sen;;-ers f bvtl leir ves- As to loss o ilainHKi.' to ]MTs" V. c. 25, s. 2. 1 11(1 intl )vi- to nit ling or Iiiipi'oji'r Xuvhjdf iDii . — 1'. S. C. c. 7!', s. 12, iiri<', p. 252: and 25 k 20 V. (Imp.) c. 03, .s, 54, s-s. 4. The.e words are not restricted to the neylit'ent naviifation of a vessel by her master ami crew, for the statute includes all damap;e wroniffull}' done by a ship to aiujther while it is beinj^ navigated, where the wrongful act is due to the negligence of a person for whom the owner is responsiljle Therefore, when a vessel, owing to the negligence (jf a person on shore in overlooking the machinery, steeri-d so badly that she came into collision with another vessel, and wmmmm.. ■yvv 256 ExcJiequcr Court — AihuiraJtij. was held to blame, the owners of such ship were entitled to a decree limiting their liability {z). LmiUtdlon of Luihillty. — Actions of limitation of lial)ility are not in ordinary cases instituted until after proceeiliiiji's have been connnenced to recover damaj^'es from the persons who seek to limit their liablity, and where this is the case, those who have taken such proceed- ings should be named in the writ as defendants to the action (a). 'J"he ^-hips S. and V. came into collision ; both ships were damag(;d, Init the V. was sunk with her cart,'o and lost. In an action by the owners of the V!, and counter-claim by the owners of the 8., both ships were held to blame and con- dennied to pay the moiety oi each others dama<(e. The damage payable by the S. was £14-,000, and that payable by the V. was .t'i.OOO. The ownei's of the S. then brought acd1<> is made liable for the re])aynient of the money in the event of the safe arrival of the ship at its destination. IVot only the ship but tlie tVeight and cargo may be the subject of hypothecation. When the cargo alone is hypothecated it is termed rcxptnulcaiia (j). In all cases it is on the necessity of obtaining what is absolutely reipured for the ship or cargo that the contract is based. It is necessity alone that supports bottonu'v bonds, the absence of necessity is their undoing {k). Any shipmaster in a foreign country, is, for some jjur- poses, the agent of the owners and for some purposes the agent of the freighters. The agenc}' spoken of is devolved upon him In- the law of his Hag. The same law that eon- fers this authoi'ity ascertains its limits : and the tin g at the mast head is notice to all the world of the extent nf such power to l)ind the owners or the fivighters by siieh acts (/). (!() Iltc Aiiialid, si'/i/'d. ((■) n,; Vietoria, 13 1' I). IL'".. (./■) Wins &B. 43. (A) Till Xil.toii,! Hai;g. Itiil, 170 ; Tlic I'lincc of S(Ui Cohouiy, -i '^\'^>■ r. c. 1. (0 ^^;l(:laclllllI^s Mim'. Slniiiiimr, Itli Kil., iri-'). p HI, Buttomrij. 250 - port of ,ii„t.4.s. a 4, ti " t ' '■■'°'".'""' ~«° *"• » ly the la,v of hi, fl„„ , "™ J;.>»"«o.l in ,loi„. ■nakini; tliu cli-ut,.,- :,° , ' "'" ''"S''»l' "^reliant in tl,»t ]„;•(") -"'l'l'-".>' eou.,,nt„d to bo l„u,„l ,,y "f th': ;:!;:;'::;, '• .:::;r:r °' f ^'"■"""' -"•' «- — >' "-.K-of tl,o«hi, J t, """'■••'""'■ '»">I contain.,, the to be i„c„,.-od ,,/) ■ "" *""'" "'"■='" "'" ™k i» of the sea, „,„! ,|„.t , V>. ",' "'y""'" 'y '!'« Penlx P-«."l ».■«„% i.,,n-.,n:.,He the b,„„l is i„v,,,i4,,, ' I"' niaster must ii, ,,..,„.,. „.,^ , .. '-'"'MO P.-"e.ic..ble, eonnn„nie„te v Z ::^^ ',' '; 'T"^^ i»!4'. nii.l should Jnfn,.. .1 \"^ "^'''^'i« '"'tore LoiTow- ternplat,.,! (" '" ''''^' 'OTotheeation i, cou- Aiul a .separate coniinniiication f,. fl, . oai;i''(.. wh, H ,n-netical,|., is , / '"''""''" "^' *''^' where the ,|..fer.,hn,ts pi,.,,],.,, th- 1 '; ' '"^ •"'"""' con,nn;nic-ate,l with th ',„ L ' '^'''^' ""^''t ''''^•'•^" M U..L.!.,„„ M,, ,, . ;■■ ■ -^^ ^'"-'"P -US un Italian { /') Wins. & 15. :,) ritf: aao,2\\nU. \m U)Tlu()n,nt„J, 7 .A[o,, p'r- •^...- 1 260 Exchequer Court — Admiralty. l\ I % '■ i , i ■'} 1 ll )', M§' 1 II k ship, and that by the law of Italy such comnmnication was unnecessary. The reply was on denuuTor held bad (c.). Foreign Lent'. — The (]uestion by what law the validity of the transaction should be detei-niined in cases where the l)ond is granted by the master of a foreign ship in this country, or abroad, or by the master of a British ship abroad, has given rise to much discussion. And although it appears now to be settled that pui-el}- maritime contracts are in many respects to be regulated by the law of the flag, it by no means follows that the Admiralty Court is bound to lend its process to enforce a boml in a case where there is an absence of proof of tlie validity of the bond such as is re(|uii"ed by the law of England. Until the decision of the Court of Appeal in the case last referred to, there was no case in which Admiralty process in Eng- land had been allowed to be used to give effect to a bond not valid according to the law mni'itime as administered in this country, and in many cases the court had declared its unwillingness to interfere to enforce the rules of foreign law which conflict with the principles of jurisprudence recognized in England ('•). Lira, (ii)il Prlui'itics. — The lien of a bottomry bond hoidt-r ranks after liens for damages, wages, and sub.se- (|Uent salvage, subsequent towage, iind subse([uent pilotage. But where the damage has been done Vtefore the bond was ffiven, and the holder of the bond is a sti-anjier who has in good faith advanced money for repairs, it seeujs that he has alien to the extent of the increased value of the vessel arising from the I'epairs, M'hich is entitled to precedence of the claim for damaoes. Wages earned on the same voyage on which the bond is given, whether before or after the giving of the l)ond are to be pi'eferred to the bond. Biit a master who has given a bottonny bond, binding himself, ship, and freight, cannot claim wages, to the prejudice of the bondholder. But this rule is not to be pushed beyond the exig(Micy of the case. Where a suit is instituted by a bondholder, and seamen make a claim against the .ship for (u) The (liul'tnnawl Mitiiii, 7 I'. 1 ). 1. ('■) Www. & H. (id. Bottomnj. 261 a M. nd a lor waj^es which he does not dispute, if the bondhohler wishes to save the expense of a separate suit f(jr waj^es, the pro- per course for him tf) adopt is to apply to the court to sanction the innnediate payment of the wages to the seamen by him, then the court will afterwards order the repayment of the amount so paid by him out of the pro- ceeds. But if the bondholder pays the wages without the sanction of the court he does so at his own peril. The claim of a bondholder takes precedence of a possessoiy lieu for necessaries afterwards accjuired by a shipwright, and a claim for necessaries supplied before the bond, even though the claim for necessaries may have been pronounced for before the bond is put in suit. It also takes precedence of the claim of a mortgagee, and the bondholder is under no obligation to connnunicate the existence of the bond to the mortgagee, nor is his claim affected by the owner of the ship concealing the existence of the bond from the mort- gagee (w). In the case of a respondentia liond, where the cargo is transhipped after the bond is given, and the subsequent carrying on of the cargo is essential to make it availal;)le for the holder of the boml or anybody else, the freight payable for currying on the cargo will be regarded as in the nature of salvage, and the lien of the master of tiie ship which has carried on the cargo, for such freight will take precedence of the claim of the bondholder. So under similar circumstances where a loss has been incin-red for the general benefit of the ship and cargo, so long as the master retains his lien for general average, the claim of the bondholder will be treated as subject to the claiin (tn the cargo fur general average {x). Where several bonds have been given on the same voyage, that which is last in point of date nuist be first paid, since without the subsidiary ai). If a bond be declared invalid by the Admiralty Divi: ion (Eng.), no otlier court has power to enforce the claiu), an 1 the lender loses his money altogether {c). FORMS FOR noTVOMllV AXD KESPOXDEXTIA ( ir.KKSMT. Kxow all men by these presents, that I, A. M., master of the ship Alhdvi/, of London, am held and tirmly l)ound unto C. D., of Bombay, merchant, in the sum of lawful British money, to be paid to the siiid C. D., or his certain attorney, executors, administrators, or assigns, for which payment well and truly to be made, I bind myself, mj' heirs, executors, and administrators, and also the said ship, her tackle, apparel, and furniture, and the fivight to be (ij) Wins. & B. 00. (,') The Bonaparte, 3 W. Kuli. 2">2. (a) The Emancipation, 1 W. Rob. 127. (6) The Pontida, <) V. 1). I0;t, 177. ('■) atninhankw Shephn-il, V.i C. I?. tlS ; .Siintirs Ad. I'r. 4tli V.d., It!). ('/) Maelachlim on Sliijipiug, 4tli K<1.. !Htl ; Aljhott, 13tli El., 124.".. m lUiUoinnj. 2(>3 t;iriit'(l In- luT im tlio voyage at'tor uit'iitionod, firmly by tlu'se presents. Seiili'(l with my seal. Dated this (l.'ty ot" one tli at the said ])ort of Bondjay, hath ivipiested the said C. 1). to lend the sum of for the aforesaid purposes, and the .said C. 1). hath acc'ordinj^ly k-nt the said sum for the aforesaid pur- poses, on the hazard and adventure of the said ve.ssel on her saitl intendetl voyap;e from Bond)ay to London. Now the condition of the above obligation is such, that if the said ship do and shall with all reasonable and con- venient speed, sail from the port of Bond»ay aforesaid, on the .said intended voyatje to London, and that without deviation (the jieril.s, daniaiics, accidents and casualties of the seas and navii^ation excepted); and if the above l)oun- den A. 1)., his heirs, executors, or ailmini.stratf)rs, or the owners of the said ship, do and shall within ten days after the said vessel shall arrive at London aforesaid, well and truly pay or cause to be paid unto the .said C\ i).,his ayi-nt, attorney, executors, administrators, oi- assio-ns, the said sum of lawful British money, to;,fether with pounds per centum, b(ittomry prenuum thereon : or if on the said voya shall be utterlv lost, miscarrv, be cast awav, or otherwise destroyed in conseiiuence of tire, enemies, pirates, and au}' other perils and dangers of the seas and navigation, before her arrival at the said port of London from the said intended voyage, that tlien the payment (jf the said £1.220 shall not be demanded, or be recoverable by the said C. D., his executors, administrators, or assigns, but shall cease and determine, and the loss thei'eby bewhoUy liorne and 8ustaine. f ■ 4'- m Know all men hy these presents, that 1, A. 11, master of the ship Alhtd)!/. am held and tirndy honnd luito (.', 1)., of Odessa, merchant, in the sum of lawful l>ritish money, to be paid to the said C. 1)., his certain atbn-ney, or his executors, administrators, or assi;;-ns, to which payment I bind my.solf tirndy by these pix-seuts. Sealed with my seal. Dated this day of one thousand eight hundred and Whei'eas the said ship ..4//'.'/('/, having laden on boai'd a cargo of corn, was accidentally stranded ami suti'ered gi-eat damage, ami was taken into the harbour of Odessa by salvors, and her cargo dischargeil, some being tlamaged; ami whereas, great expense for salvage and othei* charges were neces.sarily incurretl, and were charged on the said cargo, and which the .said master was unable to pay: antl whereas the said C J), did contract and agree with the said A. B. to advance the snm^ of money necessary to enable him to pay the same charges and expenses upon the goods and merchandi.se, lately the cargo of the said ship Albany, to be re-shipped and forwarded from ( )dessa to their desti- nation, that is to .say, to the port of London in England, it being expressly agreed before any part of such advance was made, that such advance should be by way of rcspon- deiitia on the said cargo on the voyage last aforesaid ; and whereas under and pursuant to the agi-eement last afore- said the sum of was advanced as aforesaid, and a Jidthilini/. 2()7 fees ItlKl Iblc Is lOO Isti- ll.it kvas land lore- lid a ]))ii't of tlif Hai'l iiu'irliJiii(lis(. was lailcii at ()iK'ssa in .uiil biianl till' slu[) 0/.srn/////(', ti> lie carrk'il to L)niliiii afi)rt'saii|, in a voyaLfc ti) Iti.! thei'i-at'tcr eoiniiH'iicnl iiinl prost'cutvd \>y the .said sliij) Olsioiillif; ind wldlf tlif inocfsH of ladiui;- tlic saint* was y;i)iii,n' on, tlit? .said shiji OUrtnitln' took lire, and together witli a part of the said nn'rcliandisc thi-noii lioai'd was dosti'oyiMl, and the n'sidnc of tin- said nn'i'diamlisf on board was so daniagc'(l as to rt-ndi-r a sale theroof noci's- sary. Now, in ]iursuanco of tlic ori;;,'inal an'roonn'nt, ami in execution of tlic same, so far as the exccntion tlioi-cof lias not been rcnik'ri'd imiiossiblt- l)y tlie act of (lod, and witliout intondino- to displace or iirejudioe an}' claim, ri^^lit, oi' lion of the said C. 1)., in or to what was saved from tht! merchandise so sliipped on lioard the ( Hsriinf/n^ but on the contrai'v exi>resslv admittin;;' and deelai'iiin- that accordinu' t(j the understanding- of the under.sij^ned A. M., in eipiit}' and good conscience, the same is to staml att'ected and ! lound inito him the said C. 1)., in like manner as the residue of the said <4'oods and niereliandise which have now bi-cn laden at Odessa on board the siiip called the Triupr^if, and bound for London, are hypothecated and ;issii;neil over Iiy wa}" of fcsjuHul'iitid security, as the same are hereliy declared to be liypothecated and assigned over for that end, ami that the same are to be delivered to no other use whatsoever. Now the condition of the above written obligation is such, that if the said ship Tnn/trsf do ami shall depart from Odessa, ami sail to and arrive at London, and if the said A. B. shall pay unto the said C. 1)., oi- his legal representa- tives, within ten days aftei- stieh ai'i-ival, the full sum of together with a pivnuum thereon of pounds ]K'r centum: or if iit the said voyage an utter loss of the said ship by any perils of the sea which are insured against under policies, a form of which is hereto amiexeil, shall unavoidably happen, and the said A. B. oi- those for whom he acts shall well and truly, without delay, account with the said C. D., or his i-epivsentatives or assigns, for the just salvage which shall be received from and on account of the said hypothecated merchandisi'. and sliall u 268 Exchequer Court — A dmiralty. well and truly pay or deliver the same unto him or them^ and shall not deliver the said merchandise to any other use whatsoever, without payment of the principal and interest, and premium due on this bond. Then this obligation shall be void, otherwise to remain in full force. Signed, sealed, and delivered, where no '\ stamped paper is to be had, in the .-A. B. presence of J (e) (Seal.) Seamex's Wages, ^nd Master's Wages and Disburse- ments, mode of recovery — statutory provisions. The Inland Seamen's Act, R. S. C. c. 75— defining (s. 2) expressions used therein, viz.: — {(i) The expression "ship" includes every description of vessel used in nnvigation, not propelled by oars ; (Jt) The expression " master " includes every person having command or charge of a ship, except a pilot ; (f) The expression " seaman " includes every pei'son employed or engaged in any capacity on board any ship, except masters and pilots ; {(l) The expi'ession " Consular officer " includes Consul- General, Consul, and Vice-Consul, and any person for the time being discharging the duties of Consul-General, Con- sul or Vice-Consul. (e) The expression " the Minister " means the Minister of Marine and Fisheries ; (/') The expression " ship subject to the provisions of tlii?Act" includes every ship registered in Canada pro- pelled by steam, and of more than twenty tons, registered tonnage, or propelled otliei-Avise tlian by steam, and of more thar fifty tons registered tonnage, and employed in navi- gating the inland waters of Canada above the harbour of Quebec, and excepting barges and scows navigating rivers and canals from the operation of the Act - provides, amongst other things, as to jurisdiction over wages, as- follows : — (c) Maolachlan on Shipping', 4th £d., p. 991, Wages. 269 MODE OF RECOVERING WAGES. Sees. 30-33. 8©. Any seaman or apprentice belonging to any ship seamen may subject to the provisions of this Act, or any person duly in a summary ,. 1-111P • manner. authorized on his behair, may sue in a summary manner befor ..ny judge of the Superior Court for Lower Canada, judge of the sessions of the peace, judge of a county court, stipendiary magistrate, police magistrate, or any two justices of the peace acting in or near the place at which the service has terminated, or at which the seaman or apprentice has been discharged, or at which any master or owner or other person upon whom the claim is made is or resides, for any amount of wages due to such seaman or apprentice not exceeding .S200 over and above the costs of any proceeding for the recovery thereof, as soon as the same becomes payable : and such judge, magistrate or jus- tices may, upon complaint on oath made to him or them by such seamnn or apprentice, or on his behalf, summon such summons, master or owner, or other person to appear before him or them to answer such complaint. III. Upon the appearance of such master or owner, or Judges may in default thereof, on due proof of his having been so sum- moned, such judge, magistrate or justices may examine upon the oath of the respective witnesses of the parties, if there are any, or upon the oath of either of the jmrties, in case one of the parties requires such oath from the other, before such judge, magistrate or justices, touching the com- plaint and amount of wages ' e, and may make such order for the payment thereof, as to such judge, magistrate or justices appears reasonable and just; and any order made by such judge, magistrate or justices shall be final. tJ2. If such order is not obeyed within twenty-four wanant of . . ilistress may hours next alter '.he making tliereot, such judge, magistrate i^e issued. or justices may issue a warrant to levy the amount of the wages awarded to be due, b}' the distress and sale of the goods and chattels of the person on whom such order is made, — paying to such person the overplus of the produce of the sale, after deducting therefrom all the charges and ata)sti!f^mmi jCi' 270 Exchequer Court — Admiralty. If sufficient (lietress not fouud. Kestrictious ou Buits for WHi^es ill BUperior ciiiirts. Sees. 33-35, expenses incurred by the seaman or apprentice in the making and hearing of the complaint, as well as those incurred by the distress and levy, and in the enforcement of the order. J$3. If sufficient distress cannot be found, such judge, magistrate or justices may cause the amount of such wages and expenses to be levied on the ship in respect of the ser- vice on board which the wages arc claimed, or the tackle and apparel thereof ; and if such ship is not within the jurisdiction of such judge, magistrate or justices, they may cause the person on whom the order for j^ayment is made to be apprehended and connnitted to the coumion gaol of the locality, or if tliere is no gaol there, then to that which is nearest to the locality, f(jr a term not exceeding- three months, and not less than one month, under each such condenmation. J$4. No suit or proceedings for the recovery of wages under tlio sum of two hundred dollar's shall be instituted by or on iiohalf of an\' seaman or apprentice belonging to any sliip subject to the provisions of this Act, in any court of Vice-Admiralty, or in the Maritime Court of Ontario > /), or in any superior court, unless tlie owner of the ship is insol- vent within tlie meaning of any Act respecting insolvency, for the time being in force in Canada, or unless the ship is under arrest or is sold by the autht)rity of any such court as af()resnid, or unless any judge, magistrate or justices, actin"' iiuder the authority of this Act, refer the case to be adjudged by such court, or unless neitb.er the owner nor the master is or resides within twenty miles of the place where tlie seaman or apprentice is discharged or put ashore. If suits are i^^p, if any suit for the recover v of a seaman's wages is brought uu- . i i • " , i necessarily instituted .-vTainst anv such siui), or tlie master or owner before superior '"^ " . ... . i • i • i ^r • • court. thereof, in any court ot \ ice-Admn-alty, or m tlie Maritime CoiU't of Ontario (ryi, or in any superior court in Canada, and it appeui'.s to the court, m the course of such suit, that the plaintiff might have had as eli'ectual a remedy for the (/) XdW abolished, cil'Uinti-, \). 'i. t.y>^fi>^j;-;^'>;rl;;ry;; ■^^a^Mi HUH Wages. 271 to nor the S IS Iner lime an«i 1 the the recovery of his waj^'es by complaint to a jiitlge, niagistrato sees. 3S a, 3g. or two justices of the peace under this Act, then the judge shall certify to that eftect, and thereupon no costs shall hu awarded to the plaintiff (/t). By 56 V. c. 24 (Can.), assented to 1st April, LS!)3, it is provided as follows : — I. The Inland Waters Se-'i" '•'iiJ of any Act amending the same and W(t(jes. 273 fonning Jind to be construed as part thereof, relating to Beca. 82, 83. ships registered in either of the said Provinces, as is incon- jm,,. gtat. 17 sistent with it is repealed, — by which also (s. 4) the Act isfoi. ^**^*'- not to apply except as therein specially provided, to ships belonging to Her Majesty, — provides among other things, as to jurisdiction over wages, as follows : — tsul dis- ice- !om- )n of and and Mode of Recovering Wages. H*2. Any seaman or apprentice belonjfing to any shiii seftiueu may / . _ ' ^ . . sue for waMes reijistered in either of the said Provinces, or any person in a summary ° . , _ . luauner. duly authorized on his behalf, may sue in a sinnmary m. s. a. s. iss. manner before any judge of the sessions of the peace, any judge of a county court, stipendiary magistrate, police magistrate, or any two justices of the peace acting in or near the place at which the service has terminated, or at which the seaman or ai)preniice has been discharged, or at which finy master or owner or other person upon whom the claim is made is or resides, for any amount of wages due to such seaman or apprentice not exceeding two hundred dollars over and above the costs of any proceed- ing for the recovery thereof, as soon as the same becomes payable : and such judge, magistrate, or justices may, upon complaint on oatii to be made to him or them by such sea- man or apprentice, or on his behalf, sunnuon such master or owner, or other person to appear before him or them to answer such complaint. »55$. Upon appearance of such master or owner, or in c»■'l'-■rfor^av■ '^ ^ "^ ' ... . went of wayes. default thereof, on due proof of his having been so sum- moned, such judge, magistrate, or justices may examine upon the oath of the respective witnesses of the parties (if there be any), or upon the oath of either of the parties, in case one of the parties should reijuire such oath from the other, before such judge, magistrate or justices, touch- ing the complaint and amount of wages due, and may make such order for the payment thereof, as to such judge, mag- istrate or justices appears reasonalde and just ; and any order made by such judge of the sessions of the peace I.'.A.A. — 18 Ofc-VMSl-iStJi;!,^,;, t.iAt^mtgifmt.-Am^^i^ftf^Y^ m i 274 Exchequer Court — Admiraltij. 8ecB. 84-66. judge of a county court, stipendiary magistrate, police magistrate or justices shall be final. Warrant of distress may be issued. »54. If such order is not obeyed within twontj'-four honrs next after the making thereof, such judge, magistrate or justices, may issue a warrant to levy the amount of the wages awarded to be due, by the distress and sale of the goods and chattels of the party on whom .such order is made, rendei'ing to such party the over-plus (if an}' remains) of the produce of the sale, after deducting there- from all the charges and expenses incurred by the seaman or apprentice in the making and hearing of the complaint, as well as those incurred by the distress and levy, and in the enforcement of the order. dL\"?98'iiot ****' ^^^^ ^^ ^^^'^ sufficient distress cannot be found, m.^s.'aci s.-'jea, '^^^'^'^ J^^'^^"*^' lUi^gistrate or justices may cause the amount of such wages and expenses to be levied on the ship in respect of the service on board wliich the wages are claimed, or the tackle and apparel thereof ; and if such shij) is not within the jiunsdiction of such judge, magistrate or justices, then they may cause the party on whom the order for pay- ment is made to be apprehended and committed to the common gaol of the k)cality, or if there be no gaol there, then to that which is nearest to the locality, for a time not less than one, nor more than three months, under each such condemnation. lii'sti'ictKii.s . Every master of a ship registered in either of the Pruviso. •' . Master to have said provinces, shall so far as the case iiermits, have the ^"•"^'^ remedies ■• _ ^ ^ iiir wayes as same rights, liens and remedies for the recovery of his :;V"-?^^."- ,„, f ' '' M. S. A. 8. lUl. wages, which by this Act or 1»y any law or custom any sea- man, not being a master, has for the recovery of his wages, (a) See note p. 271, ante. ■ ■*. •'^''.■>iA«.'isi^V«4»fs,i„,j„ ■>-'^-'^'>'imm:^'imimimmimA-mii. r li I! '' i li m - w\ 276 Exchequer Court — Admiralty. gect. 113. 128. and if, in any proceeding in any court of Vice- Admiralty^ or court possessiny Admiralty jurisdiction in either of the said Px'ovinces touching the claim of a master to wages any right of set-oft' or counter claim is set up, it shall be lawful for such court to enter into and adjudicate upon all (juestions and to settle all accounts then arising or outstand- ing and unsettled between the parties to the proceeding, and to direct payment of any balance which is found to be- due {}>). Limitation of 113. The time for instituting summary proceedings uiary proceed- Under this Act, sliall be limited as follows, that is to say :— No order for the payment of money shall be made in any summary proceedings under this Act, unless such proceeding is commenced within six months after the cause of complaint arises ; or if both or either of the parties happen during such time to be out of either of the said provinces, unless the same is commenced within six months after they both first happen to arrive or to be at one time within either of the said provinces. 125. Nothing in this Act shall authorize or justify the execution of any wai'rant or process of any justice of the peace within the jurisdiction of any court of Vice-Admir- alty in either of the said provinces, ludess such execution has been previously authorized Ijy the judge of such court of Vice-Admiralty (c). Although the agi'eement engaging the crew of a ship is not in writing, or not in the authorized foi-m, it is biniling and provable in favour of the seamen, but inadmissible in evidence for the owner or master against him {d). Any seaman may bring fox'ward evidence to prove the contents of any agreement under either of the Acts referred to or otherwise to support his case, without pro- It) See ftineiidnient as to Inland Waters, nnte, p. 271, and a.« to M. S. A. (Imp.), }msl, ]). 280. (o) kSubstitute "Colonial Court of Admiralty," for " Vice- Admiralty," vide ante, p. 180 ; see, also, The Canailienne, fi Q. L. R. 91. ((/) Maude & Pollock, 4tli Ed., 19(i, note {e). "1jr- ; Mi Warjes. 277 ble the lets Iro- A. ry- dnciiig or j^iviiit; notice to produce the ag^'coment or any copy thereof (c). And no jnHtico of the peace sliall entertain or act npon any complaint or information under this Act, liy or against aivy person belonging to or connected with any such foreign merchant ship, and not being a subject of Her Majesty, or exercise jurisdiction under this Act over or at the instance of any such person, without tiie consent of both parties to such complaint or information, or the consent, in writing, of the Consul, Vice-Consul, or conun'er- cial or other duly accredited agent of the country to which such ship belojigs, first had and obtained, iniless the parties to such complaint or information be sul)jects or citizens of a country or countries by the terms of treaties in force between Her Majesty's government and the government or governments of which country or countries it is stipulated that th(i assistance of British courts and magistrates shall be granted to the subjects or citizens of such countries, or one of such parties be a subject or citizen of any such country and the other be a subject of Her Majesty (/). In addition to the foregoing provisions of Dominion stjitutes it is to be noted that by the application clause of Part III. of The Merclixnt Shipj^in;/ Art, 1854-187(3, certain of the provisions contained in that part apply to all shi|)S registered in any of Her ^fajesty's dominions abroad when such ships are out of the jurisdiction of their respective governments, and to the owners, masters and crews of such ships ; and that the whole of such Third Part applies to all ships registered in any British possession and employed in trading or going between any place in the United King2 ; Reg. v. Wheten, 3 Allen, „taii I III ^^\ : I m 278 Exchequer Court — Admiral ft/. All the foregoinj; statutes provide for the enj^afjement of seamen Ijy articles of agreement in the form there prescribed with provision as to rate and payment of wages, etc., but the High Court (Kng.)) ^^nd, by force of the Colon ial (.'oiirfK of Adiuiraltij Act, the Exche([uer Court of Canada has "jurisdiction over any claim by a aeanuiii of any ship for wages eai'ned by him on board the ship, whether the same be due under a special contract or otherwise " (g). A seaman has a maritime lieu on ship and freight for wages earned by him on board the ship (h). His legal remedy for recovery of wages due is either by action in rent (I) upcm the lien, in which the ship may be arrested by the court; or by action in p/rnonam insti- tuted in Admii'alty or other courts against the master, or owners, or both (_/'), or against a part owner [k). A decree was made in iwr/iona m, against a part owner for a proportionate part of the wages sued for (l). Mariner's wages have prif)rity over pei-sons with a possessory common law lien up to the time of the begin- ning of such lien (»(-). The maritime lien for damages arisinj; out of damage done by a foi-eign vessel in a collision for which she is to blame, takes precedence of the maritime lien of the seamen for wages earned by them since the collision on board such vessel (ii). If the slii]-) on board which the wages have been earned is lost, and insured, it has been held that the seamen are entitled to be paid out of the insurance money, on princi- ples of equity (a). (;;) .1. ''. .-I'^ IKCl, (Imp.)s. 10. (li) Th, IliHiuv'i, •! W. Rob. T22 ; Th,' Miiih.nnii D'Jilrii, siiprt' ,■ The Xijituiii', 1 Hagu-. L':W; The Sidney Core, 2 Dods. 13 ; The (inlidiehirL; 1 W. Kob. 148. (t) The Xe/itinte, supra. (j) Abbott on Sliipjiing, 13 Ed. CAi ; Bavlpy v. Grant, 1 Salk. 33; The J«ek Park; 4 C. Rob. 311 ; Davis v. Rotcli, Marsdeii's Kt-p. -'"•». ik) Rare V. Kin^^ 2 Stra. 8.-)8. (I) Itawlinson v. Pagan, Marsdcn'.s Rep. 2('il). ("() The Imnmeijdtta Conccztunr, It P. ]). 37. (n) The Linda Fh>r, Swa. 301) ; The Klin, S P. D. 3l>, 120 C. A. (o) In re Dawson, 17 L. T. Bankruptcy, 100 (1851). tif,,) iHaHMMHi Wages, 279 ?u The lob. f.-fc Wmvufiil Di''e before the term of liis en:). Shijynuister's Disbursements and Liahilifies. — It was held by the House of Loixls, May 27, 1SS9, in the case of Hamilton v. Baker (w), reversing the decision of the (/-) The (Imit Eastern, L. R. 1 A. & E. 384 ; The litessunj, 3 P. D. 35. (' (Hrvtavver, Sw. 415; The Marif Avn,L. R. 1 A. & E. 8 ; T/h- Frroii'w, L. R. 2A. & E. fio:'iin(l 77u- R'niiiih.r,', 11 P. I). 120, that 77/^ Ad in half >/ Court A('t,JS(]], dot-s not f;ivt.> tliu master a maritime lien on the ship for rlislmrsements. Since tlie date of that decision an Act lias been passed providintj that : — "Every master of a ship and ever}- person lawfully acting as master of a ship l)y reason of the decease or in- capacity from illness of the master of the sliip, shall, so far as the case permits, have the same rights, liens, and reme- dies for recovery of dishurst iients properly made In- him on account of the ship, an). iiittite ■MiMiBiilil W(irje.\ 28 1 IH In • li'lM'iuls iipDii tho liiibility 1)1' tliu sliip tntittiichiiu'iit l'>irthe siuiu- tlobt (:). The iiiiiHter of a vessel re^^i.stert'd at WiiiniiH';;', in the ])i(ivince of Mivnitol'ii, and tmtlini^ on lake Wiiinipoij, liad in till' yt'iirs IM.SfS-lsf'O no lien npoii tlic! vessel i'or wap's earned hy liini as master. Ami even if such lien existed there was no court in .Manitoha in which it could be enforced (n). The master of a vessel should render an account before brin^in^ an action, otherwise costs of action may j;o a^oiinst him (//). A master's wa;;es may l)e forfeitey order in council of August bS, bs!i2. ]';,/, Canmlu (niu'ttc, Vol. (0 Nil. also {{. ,S, C. f, 74 X- :.'• XXVI. p. ,5(J2 (/). :is to [) 'I'^lTti'l'.- *6«*saw««a*fete«ss-*^^ •284 Exchequer Court —Afhuiralf//. OwNEriSiiii", Possession', Resikaixt. Before the A. 0. Act, 18G1, Admiralty only lijul juris- diction to decide questions of title or ownership of a ship, or the proceeds of a ship remaining in the i-ogistry, when snch (luestions arose in a cause of possession, salvage, damage, wages, or bottomiy (j). Ihit the Sth section of that Act extended the jui-isdic- tion to the deciding of all (juestions arising between the co-owners, or any of them, touching the ownership, pos- session, employment, and earnings of any ship registei'ed in any port in England or Wales (for which " Canada " is here to be substittited as to the jui'isdiction of the Exche([uer Court as a Colonial Court of Admiralty, (wf 2 Col. Cts. Ad. Act, 1890, p. 179, (ivf('),— i>v any share there- of and to the settling of all accounts out standing and unsettled between the parties in relation thereto, with power to direct the ship or any share thereof to be sold, and to make such order in the premises as to the court should seem Ht. Where a ship is wrongfully detaineil, tlu' ship itself may be arrested and proceeded against, find a decree ob- tained restoring it to the owner's possession, an ; Thf Aii!:lniliii, Sw. 4S(J; Thr llniita, Lush. '-'">•.'; The H'niork, '.i I'- D. '-M3 ; Thr J!;h,; \.. R. 4 \. & K. ti. U) Thr Hector, 24 U. C. L. J. 281. (-») Thr Victoria, Sw. 40rt ; ."> .Tur. N. S. 204. («) The /leatriec otlwrwiae The Happnhannek, 30 L. .1. Ail. D. m %:k Ownership, Potasession, Best ra int. 'i^55 Where there are several owners of a sliip, and the majority in interest wish to .sentl her upon a voya<:^e, and the minority have possession of the ship and decline to let her go, the majority may arrest the ship and proceed for a decree of possession to enable them to send her upon the voyage (o). But the plaintiffs may be compelled to give security i'(jr the safe return of the ship to an amount sufficient to cover the value of the shares of the minority ( 2>)- The minority on the other hand may bx-ing an action of restraint against the majority, arrest, and detain the ship until security is given for her safe return (7). The coui't will entertain actions by part owner or owners against co-owners to prevent them from tliiniaging their rights or interests (/•). Restraint. — In an action of restraint by the owner of ,1/G4th shares against the other owners he obtained bail (.s). Where there is an ei|Ual division of voices and interests as to xmdertaking a particular voyagt,' or adventure, Admiralty Courts in the United States have decreed a sale of the ship (0- In England a change of possession upon petition of the minority of interest has been refuseil {n). The Admiralty Courts Act, INGI, s. i), empowers the court in suits between co-owners to diiect the sale. But it will n(jt exercise the power of sale conferred upon it by ordering the sale of a ship, unless u part owner — whether he be the owner of a minority or majority of shares — makes a very strong case, and in the opinion of (0) Tlir Niir Jh-iiihi; 4 KmI). L'ST ; The Kmt, Liisli 4'.l.". ; Tin Kli-.iihith n Slii|)i>iti>r, \:M\ Kd. .SK, U7, 740. (.v) Thr K,„i/>n,tl, 12 1'. I). 32; '-'/"(r A. ]l< rnntorir, 2 Spk., .Sn ; The Fi'leon, r> r. I). WX (t) Skriinc v. Tin Shto/i //o/ic, IJcc. 2; The liri'i Sniica, (iilpiii 10. (h) Srf The ynliiiiil, 1 W. K()l>. 04; Tht EqiiiitUnw , 1 Hiigg. ;t4t; n; The EliMlKth nml Jaw; 1 W. H.iU. 27H. Vks- miimimMMtmmmi.,,,:.,^..^*^,^^^^ ^ 28C ExcJieq u er Co u rt — ^1 dm iraJtij. li the court the sale will be to the advantage of all the owners (<•)• In such actions the shares of the plaintiffs may be appraised, and before a sale by auction is ordered, the defendants are driven the option of purchasing,' such shares at the appi'aised value [v.'). Oumership. — It was held that the provisions of the M. S. Act would not prevent property in a ship from passing to the assignee in insolvency, under the Insolvency Act, 187G, Canada (.<•). In I'^ngland the Admiralty Division will appoint a receiver in a co-ownership suit where circumstances exist, which, in the opinion of the court, render such a course just and convenient (;/). In actions of possession, if the ship is foreign, notice of the action must be servtMl on the consular officer of the State to whicli she belongs {z), before a wari'ant for her arrest will issue. It is with the greatest reluctance that the court adjudicates in suits of ))Ossession where foreigners alone are concerned {ii). But the Admiralty Division in England has juris- diction to, and will, on the intervention of the repre- sentative of a foreign State, or by consent of the parties, entertain a cause of possession or mcjrtgage of a foreign ship belonging to such State, so far as to ascertain the true ])osition of the claimants and the nature of their title, ami will, where it is for the advantage of the parties, order a sale of the ship (/>). All courts having Admiralty jurisdiction in any of Her Majesty's Dominions have power to remove the master of a sliip upon application 1)y the owner, being within the juris- (i!) The Marinn, 10 V. 1). 4. («•) Wins, it 15. 28. (r) Jones v. Kinney, 11 S. C. R. 708. (I/) The Ampthill, 5 V. 1). 224. (;) Rule 37, i). 27, mile, (a) The Ori'ff A. liernatorf, 2 Spinks, 30. (6) The Evanyeliatriu, 4t) L. J. Ad. 1 ; 3 Asp. X. S. 2(54 ; 35 L. T. 410 ; 25 W. R. 255. Oicnemltip, Possession, Best nil nt. 287 diction of the court, or by the part-owner or consionoe, or by the a^ent of the owner, or by an}' certificated mate, or by one third or more of the crew of sucli ship, an\ lid improve the practice of the High Court of Admiralty, it was further provided that the High Court of Adii'irolty should have jurisdiction over any claim in respect t^f ai.^ mo • jo duly I'egistered according to the pi'ovisiona of The JJr,yh<( tf ^^hipplnfj J.cf, y<^.7.^, whether the ship or the proceeds thereof were under the arrest of the said court or not (I). This latter provision was adopteil by the Parliament of Canada by 51 V. c. 89, as to Ontario which enacted that the Maritime Court of Ontario should have jurisdiction over, any claim in respect of any mortgage upon any ship or vessel now or hereafter duly registered in the province of Ontario, whether the ship or vessel, or the l^roceeds thereof, be under arrest of the court or not; and that the jurisdiction thereby conferred might be exercised by iiroceedings in rem or in personam. 'i'he I'ights of mortgagees were protected by TIti' Muri- time Court Art for Ontario (j), s. 14, s-ss. 5 it (i, as follows : — "No right or remedy in rem given by this Act only shall be enforced as against any subsequent honn jidc pur- chaser or mortgagee of a ship, unless the proceedings for the enforcement thereof are begun within ninety days from the time when the same accrued : (h) 3 & 1 V. c. 1)5, M. 3 ]). 1!)3, null- ; Miiclaclilun's MtTcliaiit .Sl]i|)i)iiig, 4tli Ed. .■)'.'. (0 .1. r. A,t, ISO], H. 11, p. VM, it,iti\ (j) K. S. C. c. 137. Mortfjage. 289 it- Ivs y " Xo ri^^lit or vemerly in rem {;iven by this Act, except a right or remedy "' ''t'//' i^or the wayes of seamen and other persons employed on lK)ard a sliip on any river, lake,, canal or inland water, of which the whole or part is in the province of Ontario, shall be enforced as ai^ainst any bona fide mort<;'ag-ee under a mortgage duly executed and regis- tered prior to the first day of October, one thousand eight humlred and seventv-eight." As to which provisions of The Mdi'itlme Court Act, it is enacted by Tlie Admiraltij Act, lS!)t, aate,\). 9. that they shall apply to any proceedings instituted in the registry of an}' Admiralty district in the province of Ontario." A mortgage of a ship shouM be in the form pi'escribed by statute, and registered with the registrar of shipping at the poi't at which the ship is registered (k). A power of sale is incident to the mortgage (l) ; but a power of sale ifi not essential to a mortgage ( m ). The mortgagor retains all the rights and powers of ownershi[) subject to the mortgage, and all his contracts re- lating to the ship will be valid, jjrovid d he does not impair the security of the mortgagee (//). Where a beneficial charter-party has Ijeen entered intO' by a mortgagor in possession, the mortgagee cannot object to its being carried out, sim|)ly upon the ground that the effect of carr^'ing it out will be to remove the ship out of the jxirisdiction of the court, and to render it difficult for him to enforce his mortgage security (o). By virtue of s. 11, above cited, of the Admiralt}- Act, LSGl, a registered mortgaget' can institute an action and have the ship arrested and detained until bail be given to the amount of his claim. The jurisdiction thus conferred may be exercised in rem or /(( persoan m { p]. It is confined to registi'red moi-tgages (ry). br im (/.) R. S. C. c. ;•-', i>t. 3 ; M. S. A. s. OC. (/) K. tS. C. c. 72, s. 7;^ ; M. S. A. s. 71. (,/0 Dickenson v. Kitclu'n, 8 El. & 111. JSO. (,i) K. S. C. c. 72, s. 3(! ; Collins v. Lainiioit, 34 L. .T. Cli. 190. (») The Fam-hon, '• P. D. 178. (;-) 21 V. c. 10, 8. 35. (v) /''/(/. 8. 11. H.A.A. — 19 ''^•^'*ilOT»aW(B||i1|iiri 290 Exchequer Court — AdDtiraltij. As a general rule the court exorcises its juiusdiction by selling the ship to meet the claim of the plrtintifi"(7-), Tlie jurisdiction as to mortgages not so registered is only exercised where the ship is under arrest or the pro- ceeds in court (•«). AlU'im. — It has been held that there is nothinu' in the M. 8. Act to prevent an alien from being a mortgagee of a British ship (0- The mortgagee is not 1)}' reason of his mortgage to be deemed to be the owner of a ship (a). But he may take possession on default, and to enable him to do so may pay a claim to obtain the release of the ship as in the following case : — The plaintifi's were mortgagees of 4(S-()4th sliares. The master having brought an action in rem against the vessel and arrested her, the plaiutitls paid the amount of his claim in order to obtain her release, and to enable them to take possession under their mortgage. The plaintiffs tlien sued defendants, the owners of the l()-64th shares, to recover the amount paid to the master, and it was held that as the mortgagor and the other co-owners were sever- ally liable for the disl)ursements paid by the master, and as the plaintiffs could not obtain possession of their shares as long as the vessel was imdor the arrest (jf the court they were entitled to recover from the defendants the amount paid by them (■?•). Under the ^[. S. Ad, 1S54, and the 3rd section M. S. Amendment Act, 1HG2, the court will look behind the recister to the real character of transactions between co-owners, and treat as a mortgage that which is on the face of it, an absolute transfer, if it should appear that such was the intention of the parties (w). (r) The FairHt, 37 L. J. Arl. 60. — TIw KvntKjdlstria, uhi snprn. (n) 3 & 4 V. c. 65 s. 3, p. lit.S ; riie Dntrthnrpe, 2 W. Rub. 80 ; The Forti- tude. Ihiil. 222 (0 Comstock V. Harris, 13 O. R. 407. (») R. S. C. c. 72, s. 36 ; M. S. Act, s. 70. (v) The Orchi), 15 P. D. 38 C. A. (w) The InnisMlcn, 1 A. & E. 72. 35 L. J. Ad. 110 ; 2 Asp. 470. mf: M<))i(jO(jP. 201 ItUe ken the that Ifoi'fi- A mort<;'a<;'oo not in possession is not on!iV)!i'(l to main- tain an action of restraint by s. 70, M. S. Ad (x). Priority. — The claim of a mortLfa<;oe, whether in posses- sion or not, ranks below the claims of persons having mari- time liens on tlio mortifasxed shin f(jr bottoinrv, salvau'e damage, wages, oi" master's wages and disbursements (^y). A pei'soii having a possessory lien for work done to the ship 1 >y order of the mortgagor in possession can hold same as against a mortgagee (~). A registered mortgage is entitled to take precedence of a claim for necessaries or repairs {a) By the sale of a ship under execution in action in pi'r- sonam,the purchaser acijuires only such title as the parties to the action possessed; and the judgment though of a foreign court (viz., at New Orleans) was held not binding on tlie mortgagees or on the courts in England (h). The claim of a registered mortgagee is entitled to pre- cedence of a claim for damage to cargo under the 6th section of A. C. Act, 1861 (r). Where there are several mortgages they take priority inter se according to the oriU'1h'c, tlif court at tliL- same time considfriuLC how far tlio provision was or was not rcpu;;iiant, to section .'557, M. S. Arf (Inip.)("). ToWAfiE. TowayT is one of the matters spo(;iHe.'lit, STS. (jo) W'e.stiui) V. (hfiit Yaruioiitli Stfivui Carryiii;,' Co., L. II. IS C. D. 'Jll ; The Sara, 14 Ajip. Cas. 20;). m 294 K.rcJii'/nrr Court — AdniiraJf'/. When,' tluMV is M('i.'Ii;feiice in the pei'fonimuco of tovv- ajre services resiiltiu;/ in the loss of the vessels to which the service is heiiiir reii'lereil, the owners of the tu.3,(^«7»7e, jurisdiction was conferred upon the High Court of Admiralty to decide all claims and demands whatsoever for necessaries sujjplied to any foreign ship or seagoing vessel ; and by 24 V. c. 10, .s. o, p. 11)5, ante, that jurisiliction is over any claim for necessaries supplied to any ship elsewhere than in the port to which the ahiiJ be- longs, unless it is shown that at the time of the institution of the cause no owner ov part owner of the ship is domiciled in England or Wales. These two statutes are to be read in purl muti'rla {a ). Tlie following things have been held to be necessaries : Cables and rigging. Tin'. Hophlc, 1 W. Rob. SOfS ; clothing for the crew, The Feronii, L. R. 2 Ad. 05, 37 L. J. Ad. 60 ; a screw propeller for a steamship, The llecla, 1 Spk, 441 ; Iq) Sewell V. Lritisli Columbia Tuwing and Transportation Co., 9 S. C. R.-I). 52!t. (r) IVie AthabuKcii, Canadian Pacific Ry. Co. v. Xeelon, 5 C. L. T. COO, and Cassel's Dig. supra. is) VUli: ante, p. 217 ; see also The Uennau Luda-ij. Y. A. D. 211. (0 The Henrich Ujorn, 10 P. D. 44, GO. (u) The Chaltenycr, 14 q. L. R. 135. ■Ml Xeceftsai'ies. lung 60; IS. c. 600, cojuit'riii;;, Tliv Tltnil<(iii, .'J2 L. T. \. S. Ml ; iiioncy jiai"! tor tlio iiisiinince of frt'ijjht, T/i> Jiif/d, L. R. li Ail. oUi, -U L. J. A.l. -v.): /•/, Tlio Anna, 45 L. J. A.l. !is. A claim for lirokerai.;e on a charter party (ihtaincd for a foreit^ni ship is not a claim for nccossarie.s sup])lied to a t'ort'ipi ship ('). The insurance of a ship is not a " necessary " (<"). The extent of the Jurisdiction of the High Court in Admiralty and the rijj;hts of material men have recently Iteen detineil in certain ca.ses .severally appealed to the Privy Council and the House of Lonls. The first of these cases was on appeal from the Vice-Admiralty Court of Gib- raltar, and it was held that no maritime lien attached to a ship in respect of coals or other nece.ssjiries supplied to it, and that Vice-Admiralty Courts had noi (aparc from stat- ute) more than the ordinary Admiralty jurisdiction, i. e. as it existed before .S & 4 \'. c. (io enlar the shares of G. A. were sold to X. A. and others who woi'o defendants in the action. Fry, L.J., in giving the judg- ment of the Court of Appeal said: — (v) The Mnriiiiuu- ISiH. P. ISO. (jr) The (InUUn Sut, 7 I*. D. 1!I4. (//) Thi Ki'-i Tinfn, App. C.is. X)(\, ISP.S. i^Uni 29(3 E vclirqiicr Court — A^/ui/rali//. " The question in this action is wlicthor the present owners can be atlected with liabiiit}' under the contract of 23rd ^larcli, 1SS2, and as they were not parties to tiiat transaction, they can only be so affected if the contiact in question created a char^^e upon tlie ship wlncli they pur- chased." And at p. 00-61, — '• In oui- opinion tlie two statutes 1840 and 1(S01 oug'ht notwithstanding tlie observations of Mellish, L.J., in Tla; Two EUcns, L. R. 4 P. C. 1(31, to be con- strued in /)(.'''/' 1)1(1 fi'i'iii, and we tliink tliat the decision of the I'rivy Council in that case lends confirmation to the con- clusion at which wo arrive, namely, that whilst the statute of 1840 has enabled the material man to enforce his claim in the Admiralt}- Court, and as one nu/ans has oi\t'n him a riyht to arrest the ship, it has oiven him no maritime lien, and consequently no riyht of actiijii against the ship •until action broujfht " (//). "It does not appear to us pi'obable that the leg-islature, whilst givinj;' a renieily against both foreign anil Jh'itish ships, should have created a lien in the one case which it did not ci'eate in the other. To hold that the remedies are alike in the two cases is, we think, more consistent with international comity than •m opposite tlecision would be." And it was held, i reversing the decision of Sir J. Hannen) that Ijefoi'e the Act 8 i.^' 4 V. c. (i.j, s. 0, thei'e was no maritime lien on a foreig-n ship for neces.sai-ies supplied to her, that that section did not give any maritime lien, Ijut only a right to seize the ship on the institution of an action, and therefore that the plaintiffs were not entitled to recover against the vessel (:). When the case came before the House of Lord the only question, as stated at p. 271, raised l)y the appeal was whether the plaintiffs had a maritime lien for the advances, and the argument of Sir K. Webstei-, for the , 10 ]•. ] ). U. Il(t. (:) The Hcinrieh lijorn, Und, ii t A' ece-s.sane.s. •J! I' ■u is not a coiTL'ct stiitiMiienfc of law to sav tliat wlioncver tlici'L' arc pr oc'tMiinn's / /; ri'iii tl RTt* IS a iiiantmu! Iicii. It IS dearly estalilislu^l that siniilai' wnnls in 24 \'. c. 10, ;nnl other Acts do not eoui'i'i- a niaritinu' lii'n : citing T/n 'I'n;, Ellens {a) ^MxA Tl>e Jlin Ti nfn (h). And the IcMi'Ut'd oiiiuis.'l adinittfd tliat tin; decision of this case would not etfect the authdrity <.'" tln'se cases decided upon iniestions of priorities when I ln' Admiralty Coui-t ex(n'cise< Itenii;' si'i/.ei 1 it s eiiU! 1 of th tahh )l'occ'e( Is of tl s;de of junsdietioii ni distnliutiiiL; thosi )) proceeds aniontist the various claimants, ip. 27 Lord Watson, in •^•iviiiLj- judLi'ment said, (p. 277) : — " The remedy /// /v,,/ is ohviously an .-ippi-opriate oni' in the case of a plaintiH' who has a rii^'ht of propn-ty or other re^il interest in the ship, or a claim of deht secured hy a ii(!n which the law reco^ni/.es. We have Ix en informed that under the recent practici' of the Admiralty Court thr remedy is also ;^'iven to credi-tors of the ship owut r for maritime del its which are not secur(>d hv lim; and in that tl le court, o\ci- the case the attachment of the ship, hy [irocess of has the effect of ^'ixiny; the ereditor a le^al /"'■ pro[)rietory interest of his dehtm'. as from the date of the attachmi'ut. ' The jndynifut of th.i'ir lordshi]is as stated in the lead- note of the I'epoi't was that : — Statute ;') am 1 4 \' C. ()."), not u'ive a inai m an Imil' lish itime lien in respect of necessaries supplied lo a foi'ei'^n port. Thi' plaintiff's ad\anceil to the oi'ei^'u ( Norwegian!, ship then at Ia\i'r- ler ship part-ownei' of a f pool, money for neces.sari"s for tln' slnp, Thf part-owi having .sold his interest in the slii[) ti> the ili-feiidants, th ilaintitl's hrouiiht an action /'(* for the amount of th advances: and it was held 'ly tin- llousi' of Loi'ds atlii-m- ing the decision of tln' Cuirt of Appi-al •, ]<> I' I). 44 reported thei'<;asthe Jhi urirh /{jurii). that the action I'ould not lie maintained " (r). {. rin Hinrn-h ll'.'rn, 11 '*«**«M««fe4safeiis, '^^^'^■imsi^^mi^^^is^m 298 Exchequer Court — Admiralty. ^.: uL... viz., after a writ of summons has issued a warrant for arrest of the property may be issued upon an affidavit stating inter alia, the national character of the ship, and that to the hent of the deponent's belief, no owner or part oivivr of the sliip was doraicileil ivithin Canada at the time when the necessaries were supplied (d). The Admiraltv Division of the High Court in England cannot entertain an action for necessaries supplied to a Britisli ship the owners of which are domiciled in Great Britain (e). BUILDIXG. EqUIPPIXG AN'l) REl'AIHINf;. Those whose trade it is to build, repair or equip ships are commonly called material men (/"). The possessory lien of the ship-wright is superior to all claims except liens actually attaching at the time of the ship coming into his hands {(/). And Admiralty in taking the vessel out of his posses- sion will respect his claim (//). Under The Vice-Admiralty Courts Act, 1802, repealed by J'hc Colonial Courts of Adiairalty Act, 1890, there was jui'isdiction over " claims in respect of liuilding, eijuipping or rejiairing, witliin any British possession, of any ship of which no owner or part owner was domiciled within the possession at the time of the work being ilone." The pro- vision of The Admiralty Court Act, 18G1, p. 195, (i?jYe, gives Admiralty jurisdiction over such claims — " if, at the time of the institution of the cause, the ship or the proceeds thereof are under arrest of the court,"' without reference to the owners domicile. The liability of owners of ships, and the power of masters to bind them, is governed by the law of the country to which the ship belongs, rather than by general maritime law (j). (./) I Vc8 L>(>-'.>8 ; and see The Kmm,', Y. A. I). 282. (/) n, y/ A"/*.— The lien takes otl'ect from the moment of the arrest of the ship. Where, therefore, such an action was coiiimenceil against a vessel bi'louging to a limited conijiany, ami the com- pany, after a warrant of arrest Inul iteen served, was ordered to be wound up, it was held that the otiieial licpii- dator had no claim to the pniee^ds of the vessel in the hands of the court as against the ])laintit!"('»>. Hut in actions for necessaries the Cdurt exercises its iurisdictioii i ii n-m in the imjiiiimt indientfd in Kiiles '^o-'-M l>i"?< (j) licnry .,n Adiiiinilty (Atii.), l.S'.l, 1 II. (A-) Tht (i,,t m rtl Jii'-!.:i.,n, 1 S|(n>i^uc, 5.14. (ii) Xiirtlicdti' V. Tlif (IwiiiTs iif Tlic llciiricli Ijjoin, iilii mtj^rti. (o) The cnn. I,'! P. I J. M' C. A. i»teaS«), and in that case it must be shown that no owner or part owner of the ship was domiciled within Canada at the time when the necessaries wei-e su])])lied, as well as the national character of the ship. Rule IM (b), aiite. An action ni rcui may be instituted and a warrant of arrest issued uj^m a claim for building, e(juip]iing, or repairing any shi]>, if the ship, or the prijceeils of the ship, are under the arrest of the court; Rule 37 (c), a rite. M.\TTi:rvs Ani.sixt; Ix('ident.\llv. i ■< iff. I ¥- British Admiralty Courts have jurisdiction as to charter- parties, general average, l)ills of lailing, freight, demurrage and insurance when claims ri's|)ecting them arise incident- ally in actions within its s[iecial jui'isdietion (7). (/,) Th,- Alhcrt r,-,,.,/,,/, Lusli. 44. ((/) Cliiu'tci\i, Th,' J,i.,l,r>,\, ls;H', I'. 3.">1 ; T}i- .\n,in,liw\ iil'i. .s"/en thev aro n.co v , ' T" ''' '"' '^'^'^^ '» - i" an .eUon .... Jt^^^^^^^^^^ Tlio oun.rs notion „F .,'"'""'""'"• <'■'• ^'- «• c. c. 7., . 47: ;:;;/:' ""■" '^ '"■^•^*"-' ^" '■■■" ^^y Tl.e court will nnmslml th,. ass,ts -.s f..,- •. out contnu.nin, t,., H,hts or th.:^::;:j:: ;:: '^ ^---^ Loiii. (".\.Mi-iii:i.j,.s' A^<- Fmi;,.;„;v Smh-s. '-actionforwa.es\w. '''''"'''"' '"""^^^^ ac-tion Ims heen ti^st' V'''"''"''"' ""'''" "'^ '" ^'"" ir^ ne Sonr.,,..^ , y ^ n .,, , '^ ""e re.s„|,.nt in 1') '/'/„■ /;,,■„/,,„, II. J., jj -x „.r A. C. 5-.. "■ "'• '^'^ • J'' ' "•" tV„:. X,, .,, , p ,, ,,^ . j^^ («) /''(■(/, 1 1, (i.i. ''■■;; I'M 802 Exchequer Court — A(hniral//j. the district witiiin whicli the ship is at the time of the institution of the suit (c). Tlie Court of Aihniralty has a riL^lit to interpose in suits for wa'). The seaman who has signed articles is bound by the law of the flag, and upon protest of the consul of the foreign country to which the ship belongs, proceedings may be stayed (,'/). Should the consul, after receiving the notice enter a protest against the cause being entei'tained, and state reasons for it, the plaintiff must answer the objection ami the judge, in his. discretion, will decide, wiiether the action shall be allowed to proceed, or be dismissed (z). In wages cases, if the consul undertakes to do justice between the foreign seamen and the foreign ship or owners, the court generally gives effect to his intervention (a). The rule I'eferred to also applies to masters of foreign ships (h) Wiiere a consul had entered into a bond for the release of a vessel belonging to his country (Norway), and sub- mitted to the jurisdiction of the ce„t, it was h t u.h charge shoul.l have priority over a solicitors rank next to salvage (d). ' who^" ^\^^''i'''^ ^'^'^^ "f America it has h.on l.ld that vl re a orcgn vessel has been soM under a decree o consul o'; T "' '" ""'"■ ''""' '-P'---ntative, the consul o the country to which the vessel helon-.d n.v pet,t,on to have the proceeds of sale paid into court ,.,' A Russian vessel had been sold by order of court in another su,t n. which the proceedings ^had be.-n in d „ ^appeara^^nid the proceeds of the sale n.n.ain^^^ re^isti^ An application being made on b.hnif of the naster and a portion of the crew, that the wa^es lue , hem. and asum by way of W,./oh., as well ns i,^^;.;^^ o paid out of court at once without requiriir. them to file P e.hn,s or take other steps customaiy in a ^a e ^de lu of appearance, the registrar read a fetter from the " mi. consul, stating that he had made advances to the c v for their expenses, and that by the law of P, .i -oney payable to the crew ou'ht o p d ^r their behalf. The court ma.le •„? i ""' "" '. ^"'^"'•^'''^ an order waivino- ,,1'derfh,. cir umstances,all the preliminary steps in aca.^o . ., and ordering the money to be naid out ,. ''^ "' ''* '""^- «oHcitor of the parties l^forethrr;lL^^ the Russian consul the sums he had ad^■aneed f.Tr n..' saries on producing his receipt (/). ''^' (y iif till' notice slimild In- iiiimxi-d to tlif iitlidiivit to lead the warnint : Wins. iS; I!. •J-Jll. (')) TluN protc'st i.s aeouniiiiinii'd by an atlldavit vcriK In^f ;ind somewhat amplifying it; Tin Lavittta, .<«;.., and shonld the plaintitf desin; to have any chance of inducing' the Conrt to entertain the action, he aiiswei-.s the Con.sul's reason- :d«o liy allidavit. Aiul in the case of forei^'M seamen the e,\jion.ses of thwiv retiirii to their own conntrv are taken into consideration : Ihiil. ift:' Sales. 305 t:i:!;:,r'^^^'""''^--f^---w..,.,....,,^^ S,>e.l ami .soalocNvith the offi <^01isultlt0 ill ^,j^ cifil seal of this lay of 18 T. C. «ALE,S UX„EK (),uiE,J OK CoURT. .,, ,„ '"^'^'^'^S OK SALE. t>on as the j„d^.e may .liree" vt ' ■"'' '" "'>' ^■'^^•'■'^- 7"'.'-".- w„i.i,t„, k.,„ti; ::, 7 »"-•"•'"« <«• .i.at„- 2- Tl,e buver i. i, """""<•■''■ <"« "nrranfe,,. 7- B.. H,„., ,„i:.:„ ";^, : t"' r^ ■■""■ '"- '"-•» -f fourth |«rt of tl,o mur ,tr ■' f'"' '"» ''"l'"tyJ o„e- «.e auctioneer to IMT'CO^y- '"«' '™ .i""i to thereof within £„„,,„„„,,,?, «" "■ ""'1 'Lo ren.ain.ler P;'W ; a„,l „,,„„ pay,„ent iL ■ ' r "'•■"■■"''"' f'"' '"» *- of the ,,„i,| ve.«l. he, t, - '" '"^ I""""" l">«»i„n atore,ne„tione,l. But „t! ;,;'''""'■"' '""' ''""'■""-'. "» "■ainiler of the purch-.se ,T ""•'-i"V"""t of the re- "™«ono.l, the .ll; X :■{ 7"'"' ."- •"- '-lore- an,I i» herehy „Ju-e,l to e C J ;""-"""' "'"■' ■■""'" -r::^;:r!h:ir"^'^--^^^^ ***'»»»i«iiMHnnlhttu^. v^^S-7^ ' IJPWU 30() Exchequer Court — Adnii'rd/f//. "NrtH this sale, together with the expen.ses attending such re-sale; and neither the judge, nor the marshal, or his deputy, nor the broker shall be sued for the said money paid in part and forfeited as aforesaid : but the buver so nei'leetinjj: shall be liable for all loss, costs and damages which may arise thereby. 3. The buyer, if he reijuires it, may have the marshal's [or his deput3''s] bill of sale for the said vessel. 4. The vessel is at the risk of the buyer immediately after he receives an order for the delivery of the ve.ssel. Lastly, the marshal [or his deputy] is to be the judge who is the lawful buyer of the said ve.ssel. Not less than dollars to be advanced at each bidding ( j). The bill of sale given by the marshal is in the form prescribed by The Merchant Shippiii(/ Act, but refere to the order or decree and commission under which the sale takes place. Where the sale is in an ao-.ion by a mortgagee, if he desires to bid as a purchaser, an application should be made to the judge for leave {k). Though a shij) is in possession of the sheriff, Admiralty' will sell it (/). The title to a Bi-itish ship is not affecteaue. IX. Necessaries supplied to foreign ships (/*)• (j) Wins. & 15. ;n.S, n. (A) r/n- Wih,„ig, 1 W. Hill). 174. (/) T/i,' Fh'm, 1 HaK«. 21IS, \m\. (m) Caluxm v. Murniw, 1 Old. (Nov. Scotiii), US. (h) See further us to priorities tlie various lieiulings, mili', .aiul IJoyd's M. S. Laws, 418 ; and Cootes Ad., 2iid Kd. llilUl. II' Jiirisiliction. mi Where a maritime lion exists tlie coiiit j^ives preference to the party wlio is first in ])ossesHion of a (lecrec of the court ((>). Where parties, who were owners of a vessel and of part of the car^jo lost in collision, sued the wron). Subject to this v\)f\\t, and to preference in rfsju'ct of posterior date, all liens suable in Admiralty, and arisin<^ ex coDfviii'tn or qvitsi I'.i: confixutn, us for wnj;'t!s, bottouny, pilotai^e, and salvage, are esteemed to l)e eipial and co-oi'di- nate (7). of be |re- of lea- Ivi. lire. ll. S. Jurisdiction' under the Ixlaxd Revenue Act. The provisions (jf this Act (c) which i;ave Nice- Admiralty Courts jurisdiction in prosecutions for jM'nalties and forfeitures incurred thereunder were held by the Su]neme Court of Canada to l)e lutnt viirn, and a writ of prohiV)ition granted by the Supreme Court of Nova Scotia against the Vice-Admiralty Court therein was i plashed (si. The Judicial Committee (jf the Privy Committee reversed the decree of the Vice-Ailmiralty Court of Sierra Leone in the proceedings ii) rem foi' breach (jf the revenue laws of the Colony, comiemniiig tlie goods sei;eil, ami the owners in penalties, so fjir as tin' jienalties avciv eoncei-ned, with C'sts, it apjieai'ing that though the claim of the ownei- of the goods was riL^litly rejected, because he failed to com- ply with the rule of the \'ice-Admii-alty Court re(|uii-ing security for costs, yet that such rule did not a]i]ily us regarded the penalties, against which he was eiititlfd to be heard in the court below without giving an\- such seeuritv. (.() T/n \\'/i:ifim I'. S,iirn,;!, Liisli. 71. (/)) Tlic S,(ntr>'>i, ('. Mdo. 1". C. ."if. (7) Al)lx)tt nil Sliippin^', IMtii Ivl., S7!. (-•) R. S. C. l: :U, s. 113. (v) Att"y-(n-n. V. Flint, Ki S. C. H. 7i*7, 1SS:1. 308 E.tclieqiier Court — Aduiira/f//. V I .1 • And pennisHion was «(i\on to appeal in forvKt pauperis in a case in which the appellant was not heanl in the court below aiiing Act, made applicable by section 17 to the whole of Her Majesty's Dominions, as follows : — IS. No ship shall be deemed to be a British ship unless she belonj^s wholly to owners of the followinp^ description, that is to say : — (1) Natural-born British subjects: Provided that no natural born subject who has taken the oath of allegiance t(j any foreii^n sovereign or state shall be entitled to be such owner as afore- said, unless he has subseipiently to taking such last-mentioned oath taken the oath of allegiance to Her Majesty, and is and continues to be iluring the whole period of his so being' an owner resident in s(mie place within Her Majesty's dominions, or if not so resident, a meu»ber of a British factorv ■ i partner in a house actually carrying ' ness in the United Kingdom or in son place within Her ^lajesty's dominions; (0 (Jeorpc V. T":f» (Intvw, L. R. 1 1'. O. as'.t. (») Ah Ui iiiipt'riiil contiol iivcr culoniiil lf(,MMlali()ii, see TihIiI - I'ar' luen- lary Governmuiit in Rritisli Colonies (1880), 12j-14!». i\> i liftji.sfrdfioii of Sln'jis. m\) or ore- lUce ring lent H, or v.ot iiesa lUice men- (2) PorsouH made donizons l)y Icttt-rs oi- iltMii/iition, or imtunilist'd 1»^ or ])ursumit to any Act of the Jiuporial Legislature, or liy or pnrsdaiit to any Act or Onlinance ol" the proper le^iHlative autiior- ity in any British possession ; I'rovideil that sueli persDiis are and continue to he (hu'in^' the whoh- period oF their so heini;' owners resident in some place within Her Majesty's dominions, or il" not so i-csident, meiiiKers ot" a Ih'itish I'actory, or partners in a house actually carryinj^ on husiness in the L iiited Kingdom or in some other ))lace within Her .Majesty's dominions, and have taken tiie oath ot" alle;;iance U) Her Majesty Huhse([Uently to the period of their beinj^ HO made dr-nizens or naturalised ; (3) Hoilies corporate estahlished under, suhjeet to the laws ot", and having their princii>al place of business in the United Kinj^dom or some Jiritish )H)ssession. No shi]) liy the Act reipiireil to be rej^istered shall, unless registered, be recognized as a British ship. Section 19, M. S.Acf. Falselv assumini; the British National character, or sailing umler a certirtcate of regisiiy illegally obtained ren- ders the ship liable to forfeiture : M. S. A. sec. 103 (r). An alien is not entitled to own oi- register a ship or vessel of the United States : Parsons on Shipping, Am., Vol. I. pp. 2>S-9. As to unqualitied owner becoming entitled by trans- mission, riilf (iiifc, p. 202. jf7/e DominUtn Avf, K. S. C. c. 72, s. .'i*, expressly re- peals sf much of The Mercliunt Shippin;/ Act relating to ships registered in Canada as is inconsistent with it. S/ilp. — The meaning attached to the word " ship," by the interpretation clause of the Rules, mtti', p. 13, viz. : that it "s/idlt ivi'linle t'rcrtf Jf, and T/w A. C Art. ISCt, and the (v) .SvTlie t^u'cn V. Thi' S. (1. Minsli,,!!, 1 V. K. I. Ki-p. 310. l^TO. 310 Exchequer Court — Admiralty. * i^: Canadian Statutes respecting Registration of Ships, Sea- men, Navigation Pilotage, Wrecks and Salvage, and other statutes,— R. S. C. caps. 72, 74, 75, 76, 77, 79, 80, HI, 82,86, etc., with the addition of the word " only " in the clause cited. Ynchtfi and Fixkinr/ Boats. — Pleasure yachts not carry- ing passengers or goods for hire are not subject to the provisions of the Act respecting certificates to ma^iters and mates (w) ; nor ships employed solely in fishing, or barges or other vessels having neither masts, sails nor rigging, and not being steamships (.<•). A hopper barge not furnished with apy means by which she could be propelled, and used only for dredging purposes, was held to be " a ship or boat " within the meaning of The M. S. Act, s. 458 (//). It has been held in the case of a vessel built by a Brit- ish subject for a foreign purchaser to be delivered to such purchaser at a foreign port — and which was, when com- pleted, assigned by the Ijuilder for valuable consideration to the plaintiff. The assignment not being registered under the Bill» of F ale Ad, nor under the M. S. Act, 1854' 8. 57, nor the vessel registered as a British ship under s. 19 of the latter Act ; it was held (1) that the assignment did not require registrsition under the Jiilln of Sale Act ; (2) that the ship was not a British ship within the meaning of the }f. S. Act, 1S'>4, and that an assignment of her, need not be V)y bill of sale under the 55th section, and did not reijuire registration under the 57th section of that statute (z). Electricity. — The provision s ofthe Merchant Shipping Act, I'S'iJf, and the Acts amending the same, with respect to steamships, apply to ships propelled by electricity or other mechanical power, with such modifications as the («•) R. S. C. c. 73, 8. 13. (.r) /hid. (,«) The Mac. 7 P. D. 38 ; Hee The ll.rfnr, 24 L. J. U. C. 281. (--) Tilt" ITnion Bank of Loticlcm v. L.-nanton, L. R. 3 C. P. D. (C. A.) 243; 47 L. J. C. L. (C. A.) mi. Iteyistiation of Ships. 311 1*3; Board of Traile may from time to time prescribe for pur- *•<*• !■'• poses of adaptation (a). The re;i r"Miuigter.* of Marine and Fisheries ; {h) The expres.sion " ship " includes every description " s^ip." of vessel used in navigation not propelled by oars ; ('•) The expression " ships belon;,'ing to Her Majesty " lu^g^'tS "ne'r""^' includes ships the cost of which has been defrayed out of *'»J«8'y" the Consolidated Revenue Fund of Canada, and ships described as the property of Canada by the one hundred and eij^hth section of " The British North Avieriea Act^ 1SG7 ; " (d) The expression " master " includes every pei"son " Master." having command or charge of any ship. 8G V. c. 12S, s. 4. 2. Nothing in this Act shall apjdy to ships belonging to Kxemption of Her .Majesty. 86 V. c. 12.S. s. 5. " "' "'' 3. This Act is divided into four parts : DiviBionof The first part, relating to the measurement and regis- Kogistrr.tion. tration of ships ; The second part, relating to the licensing of small '^'•"""sitiK of '■ ^ o Biiiall sliips. ships and other vessels ; The third part, relating to security for advances on Advances, ships in coui"se of construction : The fourth part, relating to the inspection and classifi-M"'P''S""*^*"'* . ' " ' clnMBittuatiuu. cation of ships. 'Mi V. c. 12«, s. G. («) r}2Xi V. c. W, s. ;-). (I>) M. H. A. s. 107 ; Al>lH)tt on Shippinf?, 13th Kd., 50, !I.3M. (c) /iiiitmiroir Afanufactur von Carl, .Schi-iblcr v. Furness, C2 L. J. X. S. 201, H. L. (1893). 312 Exchequer Court — Admiralty. SeoB. 4^ PART I. 3ti Ships exempt from the pro visions of l)art of Act MEASUREMENT AND UEGISTUATIOX OF HHII'S. 4. The following ships are exempt from the provisions ""* of this part of this Act, that is to say : — What shins only shall be recognized in Canada as British ships (rt) Ships havintj a whole or fixed deck, not propelled wholly or in part by steam, and not exceedin<^ ten tons burthen : (^>) Ships not propelled wholly or in part by steam, and not having a whole or fixed deck, whatever their burthen. 3G V. c. 127, s. 7. •>. No ship prop(.'lled either wholly or in part by steam, whatever her tonnage, and no ship not propelled wholly or in part by steam, of more than ten tons burthen and having a whole or fixed deck, although otherwise entitled by law to be deemed a British ship, shall, unless she is duly registered in the United Kingdom, or in Canada, or some other British possession under " Tint Merchant Shi))- piny Act, IS.'iJf" and the Acts amending the same or under the provisions of this Act, be recognized as a British ship, or be admitted to the privileges of a British ship in Canada : but any ship whicii was duly registered under Case of vessels the provisions of the " Ad rcsnrcfiiin thf n'oistrntioa of registered , ' . ! .' underc.4iof Inland fcssi'l.^)," formiui; chanter fortv-oue of the Consoli- Con. Stat. Can- ' ■■? 1 J ada provided Jated Statutes of the late Province of Canada, need not be registered in pursuance of the provisions of this Act, except for the p\npose of enabling her to proceed to sea as a British ship : 2. No ship wliich was registered by the said " Act respcci nuj tl c Jicf/isfrafion af Inland Vessels," shall, unless she V as duly i-egistered under the provisions of the said Act, Ije recognized in Canada as a British ship. .'3(5 V. c- 128, s. Hand s. \i, part. II. No officer of customs shall grant clearance to any ship required t(j be registered under the provisions of the Act in the next preceding section mentioned, or of this Act, for the purpose of enabling her to proceed on a voyage, Liabilities of nuregistered ships. No clearance unless certifi- cate is pro- duced. liegisfration of Ships. 313 .'pt the ict, unless the master of such ship, upon \n\'iw^ re<|uinMl so to 8ec«- 710- do, produces to him the proper certiticate oF rei^istry : and siii,, in surh if any sucli sliip attempts to proceed on a voyajje as asropi'iox British ship, without a clearance, any officer of custonts may detain such ship until such certificate is pniduced to him. Hi) V. c. 128, s. U.purt. T. When it appeals to the Lieutenant-Oovornor of any Liiuteimnt Province of Canada, that hv reason of sijecial oireumstances may mhimi it is desiral)le that permission should he i^ranteil to .my itritisiisiiii>8. British ship to pass, without l)ein<;f previously n';j,isteri'(l, from any port or plac!> within the Province of which he is Lieutenant-(Jovernor, to any other port or place in Her Majesty's Dominions, such Lieutenant-CJoveriior may ;;rant a ptuss acconlingly, and such pass shall, for the time and within the limits therein mentioned, have the same effect as a pass granted by the Governor-General, or as a certificate of registry : and such Lieutenant-CJovernor shall forward, without delay, to the Gcjvernor in Council, a copy of each pass granted hy him. 'M] V. c. 128, s. 9. H. The Governor in Conneil may appoint at and for (iovomorin ,,,.,,, . ',. , . . (Oiincil may e^ery port at wlucli he deems it expedient to authorize tfieiii>i"'iiit . p , . , ... ,. ri'uistriirs or regLstry of ships, the collectin* or other principle officer or siiii'i'inK customs who shall be the registrar for all the purposes of "The Mercltdiit Sh'ij)in'iiif Act, IS't.'f," and the Acts ameiul- ing the same, and of this Act. 'M V. c. 128. s. U. O. The Governor in Council may appoint at every such also suivb.w/>-/j. port, and at any other port in Canaila, an officer to super- intend the survey and measurement of ships in eonformitv with the said Acts and this Act; and the same person n ly be appointed both the registrar and surveyor at au}'^ such registry port. 3(5 V. c. 128, s. 11. I<>. Such surveyor shall be entitled to sucli fees for the ^'"^fvor* measurement of ships about to be reifistered for the first time '"ivhIHuk under this Act, or requiring measurement for the })urposes of registry, and to audi travelling e.vpenses, when reipiired to travel for the purpose of making any such measurement 08 the Governor in Council, from time to time, sees fit to 314 i :i r.!- ■ M m m By whom paid. Exception. Exchequer Court — Achiiiraltij. ^1'^°- esttibliHh ; ami such fees and travelling expenses shall be paid to such surveyor by the persons recpiirinj^ his services; and any surveyor may, in any case, withhold his certificate of metusurenient,or any other document that is reijuired of him, until his fees and travelling expenses are paid ; and such fees shall be in lieu of all salary and other reuuxneration whatsoever for such services. 30 V. c. 128, s. 12, part. 1 1. No fees shall be charged in Canada for registering vessels or reconling transactions relating to the registry of vessels umler this Act or under " Tin' Merrhaat Skipping Act, JS~)4," or the Acts amending the same. 86 V. c. 128, 8. 12, part. Case of con- |jj. When two or more peraons clainj to be builders or flictiiiK claims 1 reitiHtr'yuf a ownei*s of any ship, or present the builder's certiricate to ■'''»'■ the registrar of shipping at any port in Canada for the pur- pose of obtaining registry for such ship under the provisions of section fpiii(f Act, /.V.7.^," and are not agreed as to who is the builder or owner of the same, such registrar nuiy refuse to grant registry for such ship, and may sununon witne.sses, a rt'Kii* uiori\''^.?tVio "ictually or constructively wrecked, and the register thereof coS.' '" '" closed and the certificate of registry is delivered up to tho m mnnififl TMimnirtirtMiMMtltMTlil waili rw TMH HeijiHtration of Ships. 315 [on l)ub proper officer and cancelled ; or, if any ship, sailing under u 8ec». I6-I8. pass from the Governor-(jleneral, or under a pass from a Lieutenant-Governor under this Act, is either actually or constructively wrecked on the voyage, and during the time and within the limits mentioned in such pass, the Governor in Council maj' direct that such ship may be registered as a British ship in any port in Canada at and for which there is a registrar of shipping, on proof being adduced to the satisfaction of the Governor in Council that such ship has been thoroughly repaired and made seaworthy, and also that all the ti'ansactioiis connected with the wreck, con- demnation and sale of such ship were in good faith, and that all the reipiirements of the law have been complied j.^o^jg^, with; but no registrar of shipping shall register any such ship without the authority of the Governor in Council. 3G V. c. 128, s. IG. 10. Every person may, upon payment of a fee f>f' ^.^^^"rs^of twenty cents, have access to the register of any ship regis- •'"i'"' tered in Canada, at the port of registry of such ship, at any reasonable time during the hours of official attendance of the registrar ; and such fees shall, from time to time, as directed by the CJovernor in Council, be paid by the regis- trars receiving the same to the Minister of Finance and Receiver-General, and shall form part of the Consolidated Revenue Fund of Canada. .SO V. c. 12.S, s. 17. IT. Subject t*) the provisions of this Act, collectors or other princii)al offieurH of customs in Canada, not being registrars of shipiiing, shall have the .same power and be luider the .same (ibligations as registrars of sliip})ing undei" " Tlif Mirrhtt lit S/i i/'/il IK/ Alt, /■^'■'.^, ' to indorse, from time to time, on the certificate of registry of any .ship at any port in Canada wliere the said ship is, any change of ma.s- ter which takes place at that port. 3(1 V. c. I'lH, s. IM. IH. Xotwithstiiniling anything to the contrary con- tained in the forty-sixth section of " Tlu- Mfrrlia nf S/i ippiixj Ai'i, /'VJj," if an}' registrar of shij)inng, or C()lIector or other ])rineipal officer of the customs at any port or place Collt-rtcirB of c'liKtoiiiH to intlorHB clinii^'eH of inuBti'is on cvrtiticuttis. Iiiilnmeuaent i>r chniiut) of uinBter by it'cihtrar or c-olluctor, on what proof to l)e made. 316 Exchequer Court — Admirnltij. Sec. 18. H De3lariitioii, how uiiide and sul>- sci'ibud. Further evi- deiico may be reijuirod. Further in'o- visious if tlie ship is at cr uearBUuhport Penalty for refUHiiiR to deliver up certificate. in Canada receives conflicting directions from owners of any ship rej^istered in Canada as to a change of the master of such sJiip, such registrar or collector or other principal officer may refuse to endorse a memorandum of the change of nuLster c^n the certificate of registry' of such ship until he receives a declaration, acccn-ding to the form in the Hrst schedule to this Act, or as near thereto as circumstances permit, from the registered owners representing a majority of shares in such ship, or from their duly appoiiitereviou9 name to be adhered to. Ships may be detained. Statements to be made l)y tlie master of a liritisli aXdyi to whicli a casualty lias hai>pened. 3. Any registrar or principal officer of customs may detain such ship until the provisions of this section are complied with. 36 V. c. 128, s. 22. 22. Whenever a shipping casualty happens anywhere in tlie case of a ship registered in Canada, or within the limits of Canada in the ca.se of anj^ other British ship, the master, or if the master is dead, the chief surviving officer, and also every such other person belonging to the ship as the minister, from time to time, directs, shall, within twenty-four hours of his fii-st landing in Canada after the happening of such casualt}', attend and submit himself for examination at the office of the principal officer of customs I'esiding at or near the place where such casualty occurred, if the same occuiu-ed on or near the coasts of Canada, or any island or place adjacent thereto, but at or near the IMMW lit'f/i.sh'ution of SIiijiH, 319 place of such landing, if the casualty occurri;i> conse(|Uence of her non-arrival or otherwise has reason to ij'vt'ii to tho ' _ ... Minister apprehend that whe is lost, he shall forthwith semi notice of such loss or apprehended loss to the Minister, and shall upon reipiisition by the Minister, furnish to him such in- formation as he is rei]uired and is able to furnish respect- -• ing such ship, and the loss thereof, and the ])roperty and pei"sons on boanl ; and if he makes default in obeying the provisions of this section he shall incur a penalty not exceeding two huntiiiiiiiif< ' ... Bucii liceiise. lector or other principal officer of the cu.stoms the follow- ing provisions shall take efl'ect : — ((0 I'he collector or principal officer of customs sliall furnisli the ;vpplicant gratis with a printed blank for a declaration in tlie form A in the second schedule to this Act: (h) The applicant shall fill up the said form with true statements, in their ])roper places, of tln' length, breadth, deitth and appr«)ximate tcjunage of the ship or vessel, the names of the owners thereof, and, if (lie property in the ship or ves.sel is divided into shares, the number of shares held by each owner, and shall subsciibe the same and return it to the officer : ((■) The officer shall then fill up a license with the par- ticulars statecf in the declaration, adding thereto the name of the port and the number of the license, which shall be consecutive for each port, and fie sliall sign such license anii8 lU) V. c. 12.S, s. in. kfpt 27. Kvery ship or vessel ho reipn'red to he licetiseil >•■""•<'"' )""« _ ' _' rill I iniiiilK'r of Khali, lit all times, have the name of the i)ort or place at '''•"'^'''"'"' ' • piiintt'il on which she was last licensed, and the number of lier last"''!'"'*""""' liccn.se painted on her bow or stern in letters not less than three inches lon<^, of li<,dit color, on a dark j^round, and Huch port or place shall be considered, for the time bein^, hei' j)()it of license, .'{(i V. c. 12S, s. ii'2. *2H. Whenever the pro])erty in a ship or vessel aoOn (iinnypof ,,. , 111- owiii'T. new reiiiured to be ncensed pa.sseH whollv into new liands, then is., to 1.0 ' . tiikiii out, master or the new owner or mana;jniji^ '«\vner, or one of tlie new uiannj^inij owners, if there are more than one, .shall within one month after such chanjfe of ownership as afore- said, take out a new license at some ])ort or place in Can- ada, and upon receiving the same shall deliver up the former license, if in his possession, to the collector or other principal otlicer of the customa at such port or place. 30 V. c. 12.S, .s. nil 21>. Every master, owner or manai;in<( owner of anvsonaity for ship or vessel so reipure*! to be licen.sed, who nejjflects, oi.tum iicmise without rea.sonal)lo cause (the proof of which shall lie upon him), to apply for and take out a license for such ship or ve.ssel within any delay allowed by this Act for that pur- pose, or who nej^lects to keep the name of her last port of license and the number of her last license painted on her bow or stei'ii as aforesaid, shall incur a penalty of twenty dollars. 'Mi V. c. 128, s. .'U. JIO. Every othcer of customs authorized bv this imrt i!""i>i> "f *' ^ _ ^ I shijis mill von- of this Act to liceii.se ships and vessels, shall, on or before ^'i^ I'ci'iso'i the twentieth day of January in each year, make and for- 1'>" ^'i"'" ward to the Minister a return in such form and coiitaininj^ such particulars as the Minister, from time to time, directs, of all ships and vessels licensed by him durini^ the year ending on the thirty-tirst day of December then last. 36 V. c. 128, s. 35. to iHtor n.A.A. 21 ill m 322 K.rchvqHcr Court — Admiralfij, geci. 81-33. PART III. SECUUITY FOR ADVANCES ON SHIPS IN COURSE OF CONSTRUCTION. siiijjH about to ai. A ship al)out to be built or being built may be beiiiK imiit recorded under a temporary name by the reciHtrar of may bo record- _ _ i J ./ i-< of'sWprUiK'""^*'''^!'!""^' *''*' ^^ "^''•"■•-'•'^t to the port at which she is al)out to be built or is being built ; and any builder desirous of raising money by a mortgage on any ship about to be built or being Imilt, shall furnish to the registrar of shipping at the port at or nearest to which .she is about to be built or is being built, a full description of such ship, and a state- ment of the port at which she is intended to be registered, according to the form A in the third schedule to this Act, and shall indicate the ship to be liuilt or being built by painting on a board near the place of such building in his ship yaril, on a dark ground, in white or yellow figures and letters of a length not less than four inches, the num- ber given to him by the proper registi'nr of shipping for that purpose, the temporary name of the ship, and the name of the port at which she is intended to be registered. 36 V. c. 128, s. 30. Ship BO record. SS. A ship about to be built or being built, and so ed limy bo *^ i-i > iiiado security recorded as aforesaid, may be made secui'ity for a loan for a loau. . . , or other valuable consideration ; and the instrtiment creating such security, hereinafter termed a " mt)rtgage," shall be in the form B in the third schedule hereto, or as near thereto as circunistances permit ; and on the pro- duction of such instrument, the registrar of shipping at the port at which the ship is recorded shall enter the same in a record book to be kept by him for that purpose. 36 V. c- 128, s. 37. Mort^agoi) to be recorded in the order of their produc- tion to tliu regiBtrar. ( AS* Every such mortgage shall be recorded by the proper registrar of shipping in the order of time in which the same is produced to him for that purpose; and such registrar of shipping shall, by memorandum under his hand, notify on the instrument of mortgage that the .same has been recorded by him, stating the date and hour of such record. 36 V. c. 128, a. 38. Iteyist ration of Sliij'. 323 ay ^ rar of out to :)U8 of e built ling ftt (uilt or a atate- istered, his Act, iir built Iding in f tiguros ho num- ,ping t'ov ami the (ristered. ;, ami so [,r a loan istvuiuont lortgagc," kereto, or |i the pro- ing at the same in a a6 V. c- |(l by the in which 1 and such I under his the same Id hour of 34. Whenever any recorded mortgage hivs l«'en dis- ••«•• »* -»^- charged the proper registrar of shipping shall, upon the pro- itococHhub duction of the mortgage deed, with a receipt for the niort- *„',nyftUB u gage money endorsed thereon, duly signed and attested,' *'' """^ ' make an entry in the record book .to the etfoct that such mortgage has been discharged ; and upon such entry being made, the estate, if any, which passef uiort)jii){i's. TrRiiRtnittsioii of iiitt^rost of n)ortKii(;i'i' l)y death, IuhdI- veiicy or iiiariiii(,'o. Proof of micli traiiHiutHBiou. E.rcheqiicr Con rt — A (hniralt//. the record Itook in the onler of their pnxluction to the rejfistriir of shipping. ,*JG V. c. 12S, s. 42. lis. A recoideil inort<,'ajfe of any ship may he trans- forreil to any person; any liim, stating the date and liour of sucli recoril. 8() V. c. 12.S, s. 44. Jtn. If tlie interest of an}' moi'tgagee in any ship recorded uniler tliis Act becomes transmitted in conse(|Uence of death or insolvency, or in conse(|ueiice of the marriage of an}- fi;male mortgage*', or by mi}' lawful means other than by a transfer according to the provisions of this Act^ 8uch transmission shall l)e authenticated by a declaration of the person to whom such interest has been transmitted, made in the form ]) in the third scheduh; hereto, and con- taining a statement describing the manner in which and the party to whom such property has been transmitted ; and such declaration sliall be maile and subscribed in the presence of the registrar of shipping at the port at which such ship lias been recorded under this Act, if the declar- ant resides at or within five miles of the custom house of the port, but if beyond that distance, in the ])resence of any registrar of shipping, collector of customs or justice of the peace. 86 V. c. 12N, s. 45. 40, If such ti'ansmission has taken place by viitue irriiii?e us other this Act, olaratiou ismitted, iiiul eoii- 1 ami tlie te.l ; and 1 in tlie at which e (lechir- house of c(! of any oe of the virtue of the Haiil le as is for proof ol ;y ; an under Tin' Mi'i'duitif Skipping Act, IS-l.'f, or any Act or Acts aniendin;jf or ap])lyin«]f to the same. 3(5 V. c. 128, s. ')\. 47. Nothing in this part of this Act shall take awav suvinuof the rij^ht of the owner to his action of aceount, or sucli ow ur. other remedy as he has by law a<;ainst the ;idvancer. 30 V. c. 12S, s. 52. •%H. This part of this Act shall not be construed in .sueh ,ii'Tl,,'MModeof a way as to att'eet the mode of executin;,' d-" ds in tlie Pro- ;i^,;!;i"Vi','*'' vinei- of Quebec, but deeds and doeiuiients executed in the*^"" said Province may be made and jtassed in the form ami accordlnt; to the manner prescribed in the sniil Province. 3() V. c. 128, s. 53. PART IV. It which •cyor of |i every lurveyed I' person, Id undi - ce under I parti cu- lcharg'>d iN'.sPEcrrox .VXD classii-icvtiox ok siiii's. 40. Tlie Governor in C«)uncil may make s\K'h rules and f|"veriiiirin •' _ Ciiiiiiril limy rejiulations as he considei's necessary for the insiiection and '"«•>'' ;"«<;i'i- " J I ticiiiK fi)r Itio classification of vessels built or registered within Canad.ai|,f';|,7i"'^''|;|,'"|j and may, from time to time, alter and amend the ^ame ;J',''}!|J',j^'','^"'' and may, from time to time, appoint suoii otlicers as are necessary to carry out this part of this Act, and prescribe the duties of such otlicei-s, who shall be under the control of the minister. 30 V. c. 128, s. S-i. flO. The Governor in Council mav, by such rules and ,^'"' V"'.'* "' regulations, establish a table of fees to be paid for such h'^ 328 lyrrlir(/)irr I '(nirt — Aihuira/fi/. Beci, OX, 82. iiisju-etion and classiHcatioii.iiiitl may tluTeby aiitl\<»i'iz».! the uraiitiiiir of (Tililinitrs of classiticatioii in such maimer »18 is tht'i-fin |)i('sciilti''}. riibiiffttici. ..f ,^51 \|i ,.„i,,^ „,„i ivn-uliitioiiH madi' uikUt this part of tliis Act shall lie imlilishi'il in tliii l!ii aailn UazrHc. ;{(j V. e. 12.S, s. 5(). i{i;i'i:.\i. cinitfu. ♦5*.?, ['i»im the coiiimiMictiii.'iit of this Act, so mucli of \\\f jirovisious of tlic Act of the I'ailiami'iit of IIm- riiitcil Imp Ht lit 17 Kii|..(l()iii, known as " Tin- Mrrrhn i}t Slnnitiml A<'f. fS't/,," and IH \ .- ' II.' aiiil of any Act of tin- said rarliamciit amcndjii},' the saiiie and formiii;^ antl to hcct)nstni«'d as |uirt thereof, )clatint'|'tli .. Feet. IncllHH, Toiinngc. No. of tons Ai>iii-.i.\iiiiiit \> ■ . lie La\ IK! led. Iiej,'iiitry. Intended to Meiisiire. • Intended 'l'oniiii(?e ami Teiiijiorary Xame. Lpntftli, Hreiidtll, Deplli, feot fuet feet TniinilKe, Name, WliciTiLs {utatc (hat tht'rr is on (ircoaiit curi'inf lirlieeen miii'ty the record of the said ship. N.li. — The last words to he omitted if the ship is free from i nen ndira nees. 383 liegiHtration of Ships. In witness whe.v„f (I nr wo) have Iwivto sxxhHcrih^l (n.y or our) nan.e a.ul atHxe.l (n.y nr .„„•) s,,,!, at *'"" ''*■'>' "*' <'"L' thoii.saml eiolit hinidnd and Executed l,y tlie ahove imiiied ill the |ire.sence of { Font) (I o>. ^y^~! ''!]'''' ''f*^'^>->^>- it ,.,a,/ h, tnadehy indorse (a). " I •• or "Wo. " (*). •• Ml, " or " Us." ici ••lliiii "or "Thoiii." ((/). " I" or " Wo." (e). " My name'' or '• our iiaiiies.' (/;. ".My Houl ■■ or "oill-KOftlH. " THAX.SKKK OF .MOItT(j.\GL. (") the witliin mentioned {„ j.^^. ■sideration of fi,,v ,i.„, . • , , this day paid to 'J '^' herel»y transfer to ('•) tiie benefit of the within written securitv. Ill witness whereof (,/) h,ue h<"reunto sub- sen Led (e) and atJixed (/) this , '^'^y '*^' one thousand eidit liundred and Executed l)y the above named ) ill the presence of j" KIl~In ras. a v,url,/ai,f is p„ U off, the foljowinn memomndiua of it, di,ckar,je ma,, hr ami Received the sum of i„ ,n,,^ „f t,.^. ^^.j^, written Hecunty. JJuted at this .ht]- of Ls Witness of 334 Exchequer Court — AdmiraUi/. Form D. Dt'cliiratinn liy Ut.'i»rc'scntutivt' of iiiiHsion* Fi)r f * (or ili-ccaBP or inarriii>rt< or bankriiptcy). t (SttMUutT or for Huiling). taking by Tmns- R«>c<)r(l No. Date of Hiconl 18 Tj'inporary name of sliip Where buiUling Proposed ujeaNurenient, Iniytk ft., hrrmlth, ft., depth, ft. PropoHeil tonna^'o, tonf<. (lorwe)the nnn .i'>;. ;i'.i aii'l IH. IXDEX TO FORMS AND GENERAL INDEX. .%., ^>.^.A% .:» .^^.\V IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I IIIM III 2.5 lU II IIIIM iiiiA ,* ■10 12.2 12.0 1.8 1.25 1.4 16 •• 6" ► V2 ^ //, o el. 'W^%'^' /. V /A Photographic Sciences Corporation ^%.^ <#^ ^v ^N^ s. iP \^> :\ \ '^O' ^^ ^'^•:^<^ '^V. 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 <*■ Q>. i/x :A .->«*w.4»iit-.#4r'i^i;'sa»/*i! ( ( I II INDEX TO FORMS. Action, title of, in rem in personam to lead warrant of justification to bail bond ." ' discovery Answers to interrogatories!! Appearance Appointment to adnniiistoi.,.'„*i •" Attachment . ^'''''''^';''' °^"' '" -vny particular proceedin Bail bond affidavit of justification iiottomry bond Caveat payment notice for., release .. ;^;'""^rawal of !! \ notice for warrant . . r, ..^ notice for to take bail .. of sale . . appraisement and sale removal for discharge of cargo !! examination of witnesses!! 00.™.^, .'':-':"°» »•■ »i= ■;':'""!.'° .■■ order for . . Conditions of sale Consul, notice to ."." protest of . Declaration in lieu of oath !." .'; "• '• •• Tw. . ^°^ ""egistration of shin Decree, minute of .. .. ^ •• n.A.A.— 22 ' " "' 328, PAOE 97 9S 98 105 106 109 139 138 105106 113 159 108 109 262 157 156 157 156 156 155 155 108 148 109 149 150 150 151 1-15 146 152 160 159 305 304 304 144 384 166 338 Index to Forms. Indorsementa to be made ou writ before issue of claim for damage by collision salvage distribution . . pilotage towage . . master's wages and disburficments, seamen's wages necessaries, repairs, etc. . . possession mortgage co-owners bottomry derelict piracy . . slave trade . . restitution of ship .. under Pacific Islanders Protection Acts Foreign Enlistment Act . . Custom's Act. . recovery of pecuniary forfeiture . . or penalty of set off or counter-claim . . Interrogatories answers to . . Interpreter's oath . . Interpretation, form of jurat . . Jurat, wliere deponent sworn by interpretation . . Judgment. {Sec Decree, Order.) for costs, notice to enter . . Minute of order of Court . . on examination of witnesses . . decree of filing any document . . Minutes in action for damages by collisiou . . Notice to produce admit documents facts of motion bail objection to bail . . in lieu of writ for service out of the jurisdiction . . of tender accepting or rejecting tender . . of motion . . . . . . . . . ■ • • • • trial discontinuance PAOE 101 102 10-2 1(12 102 102 102 103 103 103 103 103 103 101 104 104 104 104 104 104 105 105 105 106 i;?8 138 143 144 144 153 161 161 161 160 166 140 140 141 142 110 110 101 142 142 142 147 153 » t!,i ifi ; Index to Forin>i. Notice of motion on appeal for caveat payment of withdrawal oi caveat "' '" "• for caveat release warrant . . to enter judf/ment for costs." consul Oatl. to be adminisVered Vo wi;nes.s W \\ ^ tleponent appomtment to administer '• •• of shorthand writer . . interpreter . Order for payment .. out of court . . receivable order., committal . . e.xamination of witnesses " ' inspection . . jnrat P'l.vment, order for ' Pleadings, action for dama;;s by U-,i,;; ;• - statement of claim defence and count, r-ciiun, reply .. salvage, statement of claiiV, defence reply distribution of salvage- • " ' statement of cl;um masters \va"cs nnrl ,i;.i statement of claim defence . . I'eply .. «^'nen'8 wages, statemeni 'of H;;m oottomry .. '"ortgage, staten,e„"t'of .lai'm "" " -t,on between co-owners Morac;"„mtl' statement of clami .. . ' defence . . reply . . • • • ' condemnation of ship, ^tc' restitution of ship, etc Ju a piracy case recovery of any peo„„,„;,; Protest of consul .. forfeiture 339 PAGE 153 156 157 156 155 153 301 143 144 113 146 143 158 155 154 159 145 162 144 1.^8 111 111,114 n'A, 116 114,117 117,120 lli>, m 120 12.^ 124, 125 127 128 128 129 181 l;i2 133 133 134 VAo ]3« 137 137 I. 38 304 iiijiiiiliiiiM£ii»iuL 340 Index to Foniis. llelease . . Removal (see Commission.) . . Report, registrar's .. Return to commission to examine Shorthand writer's oath .. Subpoena duces ti'.cuvi . Summons (see Writ.). Tables of fees . . Tender, notice of . . accepting or rejectinfi . . Title of action in rem jtersoiKim in name of Crown Warrant certificate of service of . . Writ of summons in rem personam for service out of the jurisdiction (See Indorsements.) PAGE . 110 111 147 146 146 158 158 168 ICA 142 142 97 OS 08 107 108 98 99 iurisdiction 100 OEXERAL INDEX. Account, endorsement of claim for Arf /c *'c"'' ^'"' '^""*''' •'■"''8'-' '»«y fix, ■.' ■ ■ ■^ct. (See Sttitute.) " Action," interpretation Action, two kinds parties nun ,er of persons joined!.' adding persons to . . wl.ere instituted .. for removal to other distric't »« rem and //, personam sliall be numbered . . how commenced in name of Crown ., for condemnation of ship,' etc wages ■ ■ ■ • ownership, possession accotmt . , " " . ■ ■ several may be tried'at the .same 'ume'" consolidation of .. dissevered . . tesf '?' '" ""' ""^"''' "^''^''' '" '^"""'^ '-■' .' for bottomry wages, necessaries, moi-tL'aoe" etc " co-owners . . . ^ ^ ' ' certificate, state of ' * discontinuance of . . uncontested .. Acts, preliminary Address for service Admiralty, The droits of . . ^^»uraUy I^Tsol '''''''' ^ '-Acin.i;;ity C^.t.: Admiralty, districts in Canada .'; " ^ •• registries . . C°J°'"aI Courts of, Act", "lN!(o" "' Admission of documents and facts ' ' " " liability Admit, notice to Advertisement of sale for claimants PAGE 17 67 12 13 •2i •24 24 5 (! 18 1 -, 15 15 15 27 28 17, 301, 327 20 25 20 26 26 28 17 28 76 59 59 34 17, 2i, 86 184 184 1 3,5 5 17emurrer .. " •• Derelict.. Disabilities, persons under :: iufants.howtoLueo^iiefend' : A(lmirrtl(\ H43 I'AOK 72 72 72 74 !».) 71 1(18 12 12 !';•; !i'^, 172 (il ^■'. ^f', :)7, 250 2 12 12 4 4 15 209 •JL'8 250 -•'i'i, 21!), UoO 252 22.S • 2.f;{, 252 2;j5 2;i2, 248 25, (;,•{ 2'M] 254 252, 25G 63, 64 48 !)3, 101 8f) 107 .54 56 260 104 20 xxi, xxii 34G General Indt I PAGE Disabilities, persons of unsound luind . . xxi forms xxiii Discontinuance of action 75 not to prejudice other piirtiea . . 75 Discovery and inspection 10, 198 affidavit of (See IiiKpcctinit,} . 40 Districts, Admiralty r,, i;, 11, 12 whole of Canada, when 12 Districts, Quebec, Nova Scotia, New Brunssvic!?, P. E. Islai,;. British Columbia, Ontario V Documents, admission of . . 41 production 40 wlicn deemed to be issued . . 90 D/-oi((( of the Admiralty 184 Crown 184 Electricity, ships propelled by ;iio Evidence Act, 1893 .. .. 4.), 47 modes of fjiving 44 on motion or hearing 47 cross-examination on affidavit 47 order in which witnesses examinod . . 47 by interpretation 48 proof, onus of C8 on reference 01 oath 48 on appeal 79, 81 Examination, before trial, of witnesses 50 of witnesses before jiidt^e or registrar . 50 on coiamission 50 before commissioner 50, 51 cross, on affidavit . 47 by interpretation 48 copies of 51, 52 counsel fee on 51 to be taken in writing and certified to . 51 lodged in registry 51 to be transmitted to registry .. 51 may be filed by either party . . 51 taken in shorthand 51 amendment of 52 Exchequer Court, a Court of Admiralty 2 (See Court.) J^xecution, enforcement of decree, etc 89 Fact, stated concisely 37 question of application to decide . . 38 Fee, search 93 Fees to district registrar 7'2 tables of 94, lti8 half 95 m '.it if General Index. Pees paid in stamps, wheu (.Set- Coits.) Filinji of documents . . minute on . . Fisl) in-,' boats \ license . . Flag, national character Folio, 100 words Foreif,'n ships Jinlistment Act Forfeiture, of ship under Customs Act ". '. action for Forms, rule as to . . . . appendix of . . Freight Governor, of British possession General's proclamation. . ej-o/;jc(o vice-admiral, when ., commission, Canada Hearing. (See Trial.) Uom'^jT °^ '^"'*'°'' ^"^- ^'^ "' '''' ^"^'^^ *° '"^ Hypothecation Indorsement. {See Writ.) Infants. (See Bimhilities.) Inspection or discovery on oath, how obtained notice for order for .... of property under arrest .. [', Instruments to be prepared in registry . . service of for execution, to be left with marshal. Insurance, not invalid, when premium . . ' * Insurer or underwriter, deemed ' intorea'ted •international law Interpretation clauses in the Acts . ." rules words used in Acts .. ,, expressions used in Acta Interpreter, witness examined by . , sworn Interrogatories, leave to adminis'ter .*." when and how obtained objectionable amendment of .. neglect to answer provisions A. C. Act, 18G1 followed 847 'J4 90 90, 91 310 319 '-'03, 211, 358 9i 301 • • 101,18.-, 10.3, 209, 210 15 94 97 18, 133, 300 XV, 180 174 186 xviii xix, 95 92 • xvii, 238 etc. 40 40 40 75 90 90 90 253 300 25, 287 180 -'72; 187, 309 11 2,187 • ■ 179,187 48 48 39 39 40 40 40 198 ;}48 General Inde.r. Judge, of Exchequer Court . . appointment of local deputy or Surrof^ato . . appointment of by Admiralty, when oath of oHice of . . may decide questions, etc., forthwith . . Judgment default of appearance .. in uncontested actions .. includes decree, etc. Judgments to have effect of judgments at law, wl.in . . Juris liction, .. conferred on li.xohecjuer Court . . under C. C. A. Act, 1890 unlimited civil, dtlined of Admiralty Districts territorial jurisdiction tidal and nontidal waters . . whether within body of county or on iii.sh si.nm statutory power of coloni;ii legislutioii, as to . . seaman's wages master's wages salvage . . pilotage towage . . damage bottomry mortt,'agea ownersliip, possession and restraint employment or earnings necessaries, buihling, ecjuii)iiint!, re|):uriiig accounts matters arising beyond limit of poi-si'Hsion incidentally . . droits of the Admiralty Foreign Enlistment Act slave trade naval prize forfeitures to the Crown customs revenue . . none as to offences punish.ihle by indii-tnKul Law, question of Legislation, Imperial control over.. Liability, admitted, procedure limited I'AOE il, 12 xviii :5, 4 . . 4 5 18.1 •1, 5 88 , , 54 r>\) 187 1!I7 . 207 li, 3 . , 170 , 1 6 '20, LSI . ->11 , 3 . i;i:) L'U IT'.t, 180 •_>o<» , 181 2(18 . 271 280 212 202 203 228 258 . I'JH 288 284 . 10;{, 28t . liiil 208 :i()l . 211.' 23G . 201), 300 184 185 180, 180 180 . 184, 210 200 307 180 41 181, 308 57 2.VJ, 254 Ne Nc General Inch r. liien, maritime (^<'c Jurisdiction.) Limitation of time for proceeding under Seaman's Lord r„ , ,?'\ °''""''' "''•''''^y- <=o"i**io» • • ■Liorct Campbell's Act Lunatic, party. (See Dimb'ilities.)" Maritm.e Court, Ontario, a'.olished "Marshal," interpretation .. appointment of .. of ViceAdmiralty and Maritime Cour'ts service hy, or his officer . . to execute instruments addressed to him or employ perHon payment of fees on release account sale to be taxed in^^trmnents to be executed by, 'to be iVft wi Master of ship, removal of .".' change of . . to deliver papers to successor Master's wages and disbursements Minute book .. Minute on filing of order or decree forms "Month" Mortgage, jurisdiction as to of foreign ship . . security for advance on" ships ■■ " *' Mortgagee, interveniig .. •• . rights of, protected Motion, notice of . . what notice sliall state notice filed (24 hours) atlfidavits on to obtain order evidence on . . National character of ship Navigation of Canadian waters. Act respe'cting" " ' " nnproper .... rofe'dations for preventing collisions" ' [See Danniijc.) Navy Naval Prize Act, 18()4 .' ." _" Necessaries . . _ _ Notice to admit. (See Admi't.) ill lieu of service . . of motion . . , _ appeal (See Appeil.) Act th 349 PAOE 13, 307 271, 27(!, 288 • • 232, 254 301 9 12 4 8, !) 29 !»2 92 34 74 90 72 28(1 315 2^^7 80 92 90 92 11)0, lOl 13 I'M, 288 28(J 322, 332 23, 24 288 42 42 42 43 42 47 27, 211 2;i9 2(;8, 271 289 180 180 294 22 42 78 350 General Index. Notice of writ from rej^istry, service time Nuir.ber of action Oaths by whom administered declaration in lieu of appointment to administer . . of office of local, deputy or snrrofi: shorthand reporter forms of false Offence punishable on indictment. {Sec Office, tenure of hours . . Order, disobedience to varyintf or resciiidin^^ Order, for sale (in action in rem) . . for payment, personal effect of for committal, contempt of court, Orders in Council . . .... Owner of ship liability limited Ownership, possession, and restramt transfer, prohibition of > {Sec aho Action.) Pacific Islander's Protection Acts . . Particulars Parties, rule as to adding,' person interested . . third parties under disabilities . . Paymc.it into court, mode of receivable order .. of proceeds of sale into court out of court caveat against order for by party liable. . Perjury " Person'' or " Party " rcrnoniiiii, action in . . Pilots Pilotage Pleadiui^s, actions heard without . . when to be tiled . . default of defence and counterclaim paragraphs ate judf^e Jiirindiction. \ PAOE 20 90 42 15 48 48 48 48 4,5 51 143, 114 •JOO 5 92 88 4)} 72 l'.)7 S8 174, 187 •2:>'2, 2')() •_>84 203, 204 185 37 24 24, 25 •25 xxi, 20 84 84 74 85, H8 8tl 88 200 13 13 230 29-2 30 86 m 30, 113 37 »«iii ] J (, 1 1 h i; El- Be Ke Re: aii General Index. ith Pleadings, forms of . . question of fact or law raise,!, bv d.^ci'l.,! fm-H amendment of .. .. ' "> •"-'^'■''■'i foi tluv striking' one . . piMntint; of . . ' ' ' ' signed by party tiling Jt ' ' >K.ne beyond reply «,ept by penn:..;:„ ,nud..o to state concisely tbe facts . ■ minutes, wli-n ordered ■Possession, action of . . Practice, rules of . . " ■ • • • ""P'-'5vidcdforin Actor'rulf/' Prehmmary Acts, contents of .. [] printing,' of . . . opening Pnntingofpleadin.'sandwrittenpVoofs.".' '" ^ pit'liniinary acts . ' ' evidence on appeal Pi'iorities Privy Council, appeal to .\ \\ powers of '"'■"■ Prize, naval . . P'-oceeds in court, service" 'on "" " '' ■Irrooediire Prochuuation .. . ' " '' "• ■• -'", Proctor. (Sec Solid to',:) " " " '^ ■• '• Production, (.s;,, i,i„;,rcn/ ) Prohibition to Vice.Admiralty Court i roof, onus of . . Question of 'aw l?afts . . Pankini,' of claims Keceiver will be appointed, wlun " " ' ' " ' ' ' • Pecords of court, (.sv. noo/c,] " " ^ •• •• iieference, practice on ....'"' of assessment of .lama^es, etc rules of evideico on . . counsel fees on .. report in case of . . "otice of report bein- read v .".' notice of motion to vary Jiearing of motion Po.istor shin''"" '"''"''' '''^" ^"^"'^ 'couiwiued " ^ Po« St a;. «7' ^- 7'""^-'<' ovi.lence of ownership ' ' ' ■i^i^istrai, appointment of .. , i> ■ ■ duties of . . Registration of ships Pegistries, Admiralty district .".' ."; provisional . . " " ' ' • •^. Hoi l'A(,E 37, in as 39. 5a 37 30 :>7 iDi; •Js t 11 •I", H4, 0.17 r,7 r,:i r,.i s2 Si, 182 182 xviii, ISO 19 H). 17J, IMS xviii ;J8 41 a3L', ii-J8 30(i 286 02 1,0 .V.t f.l CI 01 02 02 .12 311 4 !»2 !» 6 352 General Index. " Registry " interpretation . . Eegulations for preventing collisions at sea . . Ee-hearing Release for property arrested caveat . . • ■ • • • • property arrested for salvage how served . . properly free from arrest on service of . Hem, action in Removal of property under arrest Report (Sec Reference.) Respondentia. {See Bottomi-y.) Revenue {See Jurisdictiou.) stamps Rules of court may bo made . . practice, H. C. J., Eng commencoment of operation of publication in Gazette, June 10, 18tt3 certain, may be revoked, varied, or added to approval of H. M. in Council . . cases not provided for in . . Rules, repealing clause statutory references to Sale, appraisement and . . of |)roperty under arrest . . property deteriorating in value property of small value . . order for conditions of . . bill of, purchaser may have {See Appraisement Sale.) Salvage, jurisdiction as to . . of life property . . apportionment of . . bond, form . . property arrested for, release . . {See II'nrA's.) Seal of Court instruments to be issued under . . Seamen's wages (See also Wages.) Searches . . . . . . . . Service of writ of summons .. warrant (see U arrant) .. out of jurisdiction .. on Sunday, or, etc. . . certitio ite of . . PAGE 12 239 77 32 80 33 34 U 13 73 91 10, 11 183 95 95 174 without .. 170,173 95 96 10, 183, 188, 191 72 72 73 73 72 805 74, 306 212 212 214 222 224 33 89 90 268 93 18, 19, 20, 21 29 20 30 30 General Index. 353 Service, none required where solicitor undertakes .. .. ^'^20 judge may direct mode of, in cases of doubt, diffi- culty, etc. general rule as to 20 by posting from registry address for .. .. 17 o. p Set off or counterclaim .. '.\ \\ " "' " •^^'2-*'_^'^ Setting down for trial. (See Trial.) "Ship," interpretation .... Ship, British character of *.' .'.' "^ " 211 308 when within district registry suit may bL'instituted '.'. ' 5 or if port of registry in district .... c unseawortliy (slat.) or shares, prohibition of transfer . . „„., barge ,. ^"^ yacht .. 310 • • • • • . . . . , . Qin registration of Shorthand, examinations in .. ,. "/. " " '^f® certified copy . . •' •• ■■ ,, ,, ^2 writer to be sworn Sittings of court .. ,. " Slave trade .. ^'^ " Solicitor," interpretation ;; '.'. [', ]\ [[ lOJ, 180, 186 Solicitor, indorsement by, on writ.. .. .*.' ' "' ,„^ appearance bv . . acting as counsel undertaking ' " " provision of Exchequer Court Act as'to .".' asent .... " Solicitor's lien for costs .. .'." .".' " " " ^^'■'''^^} Special case by agreement ^^ question of law may be raised by . " 4, Stamps, fees paid in registry at Ottawa . !! Statutes, The Admiralty Act, 1891, (Canada) .*.' '.' "■ J Colonial Courts of Admiralty Act, 1890," (Imp.) 179 Vice-Admiralty Courts Act, repealed . , . . 192 Seaman's Act, sections relating to mode of recovery of wages 208 273 Navigation of Canadian Waters . . . .' ' 239 Registration of Ships ,' [ „,, 3 A 4 Vict. (Imp.) c. 65 (sections) ."' '' ^93 Admiralty Courts Act, 1861, (Imp.) . . ' " jg^ M. S. Act, (sections) " 202 Carrier by water, ji. ot Wreck and Salvage Act, (sections) "". '.' 214 other statutes, passim Steering and sailing rules . . Subpcena . 246 ' ' ' ' * ' ■ ■ * • • • . • 87 may contain any nnmber of names . . sa service " ' " H.A.A.— 23 ■ ■ ■ ■ ^® m i m m 354 General Index. Summona. (See Writ of Summons.) ^^ ^, " Sum in dispute " g^ Supreme Court of Canada, appeal to ^^^ Tables, of fees ^j Taxation (S