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Williams' Bankruptcy Practice. — The Law and Practice in Bankruptcy, comprising the Bankruptcy Act, 1883 ; the Bankruptcy Rules, 1886; the Debtors Acts, 1869, 1878; and the Bills of Sale Acts, 1878 and 1882. Fourth Edition. By R. V. WILLIAMS, W. V. WILLIAMS, and E. W. HANSELL, Esqrs., Barristers-at-Law. Royal Svo. 1886. Price 11. 8s. cloth. All Standard Law Works are kept in stock, in law calf and other bindings. REFERENCE INDEX MARITIME LAW DECISIONS. ALPHABETICAL REFERENCE INDEX TO EECENT AND BIPORTANT MARITIME LAW DECISIONS COMPILED BY ROBERT R. DOUGLAS. LONDON : STEYENS AND SONS, 119, CHANCERY LANE, 1888 T LONDON : PIONTED BY C. F. EO"WORTn, GEEAT NEW BTEEET, FETTEE LANE— K.C. ^ PREFACE. V ^ In the following pages will be found the result, in a condensed form, of most of the recent, and several of the more important and less recent, Maritime Law Decisions, with complete Alphabetical References to the various points decided thereby. In each case the date of trial is given, together with the weight of legal authority in favor of and against the decision arrived at, and the decision itself very briefly, but, where possible, in the words used in the judgment. Although I have taken every care to avoid errors, I fear I shall not have succeeded entirely, and I have to crave the leniency of my readers. I think a work of this kind, gathering within itself information extracted from a variety of soui'ces, vrill be found useful to mercantile men. Our law is based almost exclusively upon prece'dent, and the merit I claim for this jDub- . fr. lication is that, to some extent at all events, it enables parties, in case of a dispute, to ap- praise their relative legal positions. ROBERT R. DOUGLAS. LiVEEPOOL. December, 1881 lyozs INDEX OF CASES. PLAINTIFFS. PAGE A. M. Brunch-it, The 95 Acacia, The 165 Adamson v. Newcastle Steam- sliip Freightlnsurance Asso- ciation 53 Agamemnon, The 204 Agnes Otto, The 66, 80 Aitchison v. Lolire 2, 22o Akerblom v. Price 204 Albano, The v. Nettuno, The 147 Alhambra, The 54 Allen V. Coltart 16, 139 Alhson V. Bristol Marine In- surance Co 117 Allkins V. Jupe 129 Andalusian, The 65, 149, 209 Anders Knape, The 203 Anderson v. Morico 93, 213 Anna, The 145 Annandale, The 216 Annot Lyle, The 67 Ardandliu, The 72 Arizona, The 22 Atkinson v. Wordall 198 Atlas, The 202 Atlantic Mutual Insurance Co. V. Huth 239 Attwood t'. Sellar 179 Augusta, The 81 Austin V. Hardy 96 Australasian Agricultural Co. 'V. Saunders 129 Barker v. Highley 94 V. Janson 234 Barrow-in-rumess Mutual Ship Insurance Co. Limited, V. Ashbumer 170, 178 Basse Indre, The 59 Beeswing, The 162 PAGE Behn v. Biu'ness 52 Belfort, The 53 BeUcairn, The 71 Benares, The 64 Bemina, The 70, 71 Berridge v. The " Man on " Marme Insm-ance Co 128 Bertie, The 199 Beryl, The 59 Beta, The 70 Betthyany v. Bouch 21 Bepion r. Godden 155 Bu-kett, Sperling & Co. v. Steel, Young & Co 217 Blackbui-n, Low & Co. r. Vigors 84 Blenheim, The 33, 106 Bliss V. Gorney 39 Bolckow, Vaughan & Co. v. Fisher 132 Bonnie Kate, The 96 Booth V. Gail- 222 Bradford v. Symondson 180 Briggs, Sons & Co. v. Bailey, Parker & WeUesley 217 Bristol Steam Navigation Co. V. Indemnity Mutual Marine Insurance Co 102 British Columbia Sawmill Co. «^. Nettleship 42 Bruce v. Jones 234 Bryant & May v. London As- surance Corporation 221 Buckhurst, The 63 Bumand v. Eodocanachi .... 233 Burness & Sons v. The Persian Gulf Steamship Co. Lmtd. 38 Burt r. Livingstone 109 Bui-ton V. English 1 22, 2 1 8 Burrell r. Dwyer 237 By well Castle, The 61 VIU INDEX OF CASES. PAGE Cachapool. Tlic 64,79 Capper r. Wallace Brothers . . 48 Carlotta, The 39 Carmichael c. Liverpool Sail- ing Ship Ownier.s' Mutual Assooiatiou 130 Cannclla. The 207 Carr r. ;^^olltctiore 12 f. RovalExehange Assu- rance Co' 218 Carswell A: Son r. Finlay .... 9(5 Carter r. Boehm 83 Casebounie r. Avery 11 G Castellaiu v. Thompson 201 Castledale, The 126 Catharina Chiazzaro, The .... CO Cavzer Irvine v. The Cannon Co 74 Cecilie, The 2G Chapman r. Eoyal Netherlands Steam Navigation Co Go Chartered Mercantile Bank of India r. Nederlands India Steam Navigation Co. . .36, 112 Clieerful. The 207 ChiUan, The v. Augusta, The 81 Christiansborg, The 61 Cito, Tl\Q 1 Clark r. The Millwall Dock Co 146 Clj'de Navigation Co. r. Bar- clay 74 Colin r. Davidson 42 Collingrove, The 10 ColoDsay, The 166 Commercial Bank of Scotland & M'Eaohran r. Lloyd's General Itahan AssiU'ance Co 80 Commercial Bank of Scotland f. Head 91 Steamship Co. r. Boulton 141 Cooper, Ex parte, Re McLaren 220 Corrie v. Coulthard 121 Cor)' r. Burr 31 Crawshaw v. Homstedt and Garthome 191 Creadon, The 65 Cricket, The ; Endeavour, The 150 Crof;ker v. Jackson 106 Crooks V. Allen IS, 124 Cruickshank, Gass & Co. r. Maritime Insurance Co 91 Cumbrian, The 206 Currie v. The Bombay Native Insurance Co 5, 239 Cybele, Tlie 196 PAGE Czech r. General Steam Navi- gation Co 44 D. H. Balls, The 25 Dahl V. Nelson, Donkin & Co. 135 Daoiz, The 81 Davidson v. Bumand 211 Davison r. Donaldson ...... 95 DeBav, The 197 De Bussche v. Alt 191 De Garting v. The Mersey Docks and Harboiu- Board . . 126 Dewa Gungadhur Ship Co., Limited r. United Kingdom Mutual Insurance Associa- tion 169 Dick and Page v. Badart Freres 108 Dickinson v. Jardine 123 Dione, The 150 Dixon V. Saddler 209 V. Sea Insurance Co. . . 223 V. Whitworth 223 Dora Tully, The 156 Dordogne, The 75 Dormont v. Furness Rail. Co. 224 Douglas, The 224 Dudgeon v. Pembroke 213 Earl of Dumfries, The .... 75, 109- Earl of Eglinton «;. Nonnan. . 187 Earl Spencer, The 68 Earle i'. Rowcroft 14 Eastern Belle, The 97 Ebor, The 76 Edwards v. Aberayron Mutual Ship Insurance Society, Limited 168 Eileau Dubh, The 69 Elin, The 146 Elliott ^■. Lord 140 Elliot, Lowi-ey & Co. v. R. R. Dobell&Co 21 Elysia, The 66 Emmy Haase, The 57 Endeavour, The ; Cricket, The 150 Endora, The 26 Englishman, The 64 European, The 73 Evans v. Bullock 105 Fail-port, The 100,161 Famenoth, The 23 Fanny, The ; Mathilde, The. . 158- INDEX OF CASES. IX PAGE Pam worth v. Hyde 88 Fauchon, The 164 Fenwick r. Schmalz 134 Feronia, The 161 Figlia Maggiore, The 41 Fisher v. Smith 146 Fitzjames, The v. Agnes Otto, The 66, SO Flamingo, The 27 Fletcher v. Alexander 123 V. Newcastle Steam- ship Insurance Co 181 Foley V. United Fire and Marine Insui-ance Co ^i Ford r. Cotes worth 138 Forwood V. North Wales Mu- tual Marine Insurance Co. . . 91 Foscoliua, The 1-50 Fowler v. Knoop 17, 1 38 Fran conia, The 149 Frederick, The 203 French r. Newgass 50 Fry V. The Chartered Mercan- tile Bank of India, London, and China 19 Fyenoord, The 19o Gaetano and Maria, The 24 G-ambles r. Ocean Marine In- surance Co. of Bombay .... 236 Gardner and Son r. Trechmann 1 1 4 GarstonShipCo.t'.Hickie. .50, 117, 124, 151 General Steam Navigation Co. I'. Slipper 47 George Gordon, The 195 George Roper, The 65 Glenfruin, The 205, 210 Glvn, Mills & Co. v. East and West India Dock Co 17 Godiva, The 69 Golden Sea, The 22 Grant v. Coverdale, Todd & Co 140 Great Eastern Steamship Co., The 209 Great Indian Peninsula Rail- way V. Turnbull 41 Greer r. Poole 26 Grew, Widgery & Co. r. Great Western Steamship Co. , Limited 40 Grill r. General Iron Screw ColUer Co 35 Gullichsen v. Stewart Bros. . . 49 Guy Mannering, The 78, 82 PAGE Haigh V. Royal Steam Packet Co 147 Hall V. Biliingham & Sons . . 47 Hall r. Jupe 159 Hamilton v. Harland and Wolff 165- Hamilton Fraser v. Pandorf . . 39 v. Thames and Mersey Marine Insur- ance Co 154 Harris and Dixon v. Marcus, Jacobs & Co 140 Harrower r. Hutchinson 85 Harton, The 74 Harvest, The 61 Haiighton v. Empire Marine Insurance Co., Limited. ... 12 Hayton «'. Irwin 48- Hector, The 58 Heinrich Bjorn, The 171 Helene, The 41 Henrv Coxon, The 152 Hercules. The 70 Hillr. Wilson 123 Hingston r. Wendt 199 Hjermitt, The 229 Hope, The 208 Hopper r. Burness 183 Hopper r. Wear Marine In- surance Co 116 Horlock, The 97 Home r. Midland Rail. Co. . . 43 Horslcy r. Pi-ice 136 Hough r. Head 55- Houlder Bros. v. Merchants' Marine Insurance Co 99 Hudson r. Ede 137 Hughes r. Sutherland 99 Hunter r. Northern Marine Insurance Co 152 Huth r. Lamport and Holt . . 122^ Ida, The 22, 95 Immacola Concezzione, Tlie.. 144 India, The 2-> Inmaa Steamship Co. r. Bis- choff 56 lonides v. Universal Marine Insurance Co 30, 31 Isca, The 231 Johann Sverdrup. The 82 John M 'In tyre. The 75 Johnson r. Chapman 103 Johnston v. Hogg 31 Jones r. Adamsoii 141 IKDEX OF CASES. rAGE Jones t'. Holm o 1 Jubilee, The 20G Kaltenbach v. Mackenzie 3, 90 Karnak, The 23 Kav r. Field 140 — ^ f. Wheeler 39 Keith V. Burrows 165, 166 Kemp V. Hallidav 89 Kenmure Castle.The 201 Kidstone r. Empii'e Marine Insurance Co 89 IviUeeua, The 197 King r. Walker 1 EUeinwort v. Cassa Maritima of Genoa 25 Labiiiovicli v. Pacific Fire Marine Insurance Co 105 Lancaster, The 195 Laws V. Smith H5 Leduc r. Ward 40 Lee V. Southern Insurance Co. 222 Leo XIII., The 112 Leon, The 62 Leptir, The 1 Leuw f. Dudgeon 37 Leverington, The 58 Levy r. Merchants' Marine Insurance Co 6 Lewis r. McKee 17 Libra, The 73 Lilgctt V. Secretan 225 Limerick, The 66 Lippe, The 154 Lisliman f. Christie 53 Lloyd c. General Iron Screw Collier Co 38 r. Guibert 24 Longford, The 205 Lynch v. Hamilton 83 Mac.The 14 MacEachran v. Lloyd General Italian Insurance Co 85 Mackenzie r. Whitworth 186 McLaren, lie 220 Main, The 67 Maklerrid r. West 208 Marathon, The 45 Margaret, The 50, 74 PAGE Marie, The 198,202 Marie Joseph, The .. 19 Marine Insurance Co., Limi- ted r. China Trans-Pacific Steamship Co., Limited. . . . 107 Marine j\Iutual Insurance As- sociation, Limited v. Young 169, 170 Marion, The 94 Maritime Insvu'ance Co., Lim- ited V. Fire Re-insurance Corporation, Limited 1 74 Martin r. Grainger 4, 88 Maiy, The 09, 82 Marzetti r. Smith 18 Mathilde, The ; Fanny, The.. 158 IMatthew Cay, The . . !! 80 Maxima, The 164 :Mediua, The 194 Mercantile Steamship Co. v. Tyser 55 Merchant Prince, The 62 Metcalf V. Britannia Co 48 Meyer r.Ealli 90 Milan, The 38 Milanese, The 02 Mogul Steamship Co. v. Mac- gregor, Gow & Co 86 Morris v. Le\ason 51 Morteo V. Julian 178 I\[ortimer !'. Broadwood .... 128 Mud Hopper (No. 4), The . . 196 Mui-phy y. Coffin 138 Nasmyth, The 204 Native Pearl, The 94 Nelly Schneider, The 97 Nettuno, The 147 Newcastle Steamship Indem- nity Association, Limited v. Nicholson 167 Kielson r. Wait, James & Co. 136 Nile, The 199 North of England Iron Steam- ship Insurance Association, Limited v. Armstrong .... 234 Nortlicote v. Owners of Hein- rich Bjorn 145 Northcotc, The 51 Norway, The 50, 1 18, 225 Notara v. Henderson 183 Nottebohm v. Richter 52 Netting Hill, The 40 Nugent V. Smith 35 Nuniida, The ; Collingrove, Tlie 10 INDEX OF CASES. XI PAGE OakfieM, The 80 Ocean Iron Steamship Asso- ciation V. LesHe 168 Ocean Steamship Co. v. Ander- son, Tritton & Co 122 Ohrloff r. BriscoU -11 Owners of Steamship Wellfield v. Adanison & Short 207 Palermo, The 148 Palomans, The 11 Parana, The 42, 43 Parlement Beige, The 62 Paterson v. Haras 211 Paumben, The 44 Pearson v. Commercial Union Assurance Co 143 Pease v. Gloahec 19 Pellas V. The Neptune Marine Insurance Co 181 Peninsular, &c. Steamship Co. V. Shand 176 Peruvian Guano Co., Limited r. Bockwoldt 60 Peshawur, The 60 Peter Graham, The 70 Peter der Grosse, The 46 Pickup r. Thames and Mersey Marine Insurance Co 211 Pirie & Co. v. Middle Dock Co 115, 119 V. Steel 235 Pitman v. Universal Marine Insurance Co 90 Pontida, The 24 Porteous v. Watney 13.5 Postlethwaite v. Freeland .... 139 Potter r. Campbell 87 V. Pankin. Sec Rankin r. Potter. Prehn r. Bailey 150 Premuda r. Stewart 98, 113 Price t'. Li-\angstone 51 Princess, The 59 Ahce, The 206 Princetowu, The 79 Proudfoot V. Montefiore .... 84 P. L. Alston, The 72 Painbow, The 16') Paisby, The 205 Palli V. Universal Marine In- surance Co 190 Ralph Creyke, The 72 Rankin v. Potter 3, 56, 87 Rebecca, The 167 PAGE Reg. r. Judge of City of Lon- don Court 176 Reid i\ Standard Marine Co. . . 227 Reiher, The 68 Renpor, The 200 Rew v. Payne, Douthwaite & Co 6 Rhosina, The 126 Rigsborgs Minda, The 78 Ringdove, The 160 Ripon, The 81 Rivaz v. Gerussi 173 River Wear Commissioners v. Adamson 100 Robert Dixon, The 230 Robinson v. Price 120 Rona, The 44 Rosalie, The 63 Rosevear Chma Clay Co., Ex parte 220 Roux V. Salvador 87, 228 Royal Charter, The 82 Royal Mail Steam Packet Co. r. British Bank of Rio de Janeiro 120 Samt Cloud, The 42 St. Mark, The 217 St. Olaf, The 160 Samman r. Corporation of Trinity House 147 Sanders Bros. v. Maclean & Co. 92 Sanguinette v. The Pacific Steam Nav-igation Co 49 Sarpedon, Specie ex 201 Saunders v. Baring 228 Scaramanga v. Martin, Mar- quand & Co 45 V. Stamp & Gor- don 40, 106 Schiller, Cargo ex 200 Schloss V. Heriot 210 Sclunidt V. Royal Mail Steam- ship Co 18, 124 Schuster v. Fletcher 223 Scio, The 165 Scrutton r. ChUds 52 Seaton, The 68 Seraglio, The 11 SewiU r. Burdick 19 Shepherd v. Kottgen 121 Sherbro, The 165 Short «7. Clark 170 Silesia, The 195 Sim V. Lenders & Co 10 Simpson v. Thomson 57 Siuquasi, The 82 xu INDEX OF CASES. PAGE Skiblander, The 201 Smitli c. Dent l*c Sou 4S r. Kiiby 149 <•. WaUace 138 Smitli Edwards r. Tretrarthen. 16 Simirtluvaite v. Wilkius .... 19 Sublumstoiu. The 183 Spai-rht r. Tedcastle 231 Speuce c. Union Marine In- surance Co 227 Squando, The 45 Steanitug. kc. (Snnderhmd) Indemnity Association r. Sharp 169 Steel r. State Line Steamship Co 36,210,212 Stewart r. Merchants' Marino Insurance Co 13 Stone r. Ocean Marme (of Gothenburfr) 236 Stoormvart Maatschappy Ne- derland r. The Peninsular & Oriental Steam NaA-i^'-ation Co ...67, 149 Storey, Ex parte 22 Stornowav, The 144 Strathnaber, The • 206 Stumore Weston r. Breen .... 16 Summerlee, The 13 Sunniside, The 196 Svendsen r. Wallace 179 Swanstou r. Lishman 155 Talca, The 93 Tate r. Ilyslop^ 84 Tattersall v. National Steam Navigation Co., Limited . . 20 Taylor. Abrahams r. Budgett. 137 Temple Bar, The 161 Thiis V. Byers 141 Thonnan r. Burt, Boulton & Co 20, 21 Thrift V. Youle 44 Thyatira, The 34 Trent & Humbor Ship Build- ing Co.. Limited 215 Turgot. The 161 , 1 02 TurnbuU v. Woolf e 168 PAGE Undaunted, The 197, 230 United Kingdom Mutual Steamship Insurance Asso- ciation c. Nevill 167 United Service. The 230' U/ielli v. Boston Marine In- surance Co., Limited ... .5, 222 Vallance r. Fallo 209 Vandyck, The 199' Victor Covacevich, Th(> 64 Virgo, The 63. Warkworth, The 151 Welliield Steamship, Owners of r. Adamson & Short .... 207 West India and Panama Tele- graph Co. V. Home and Co- lonial Marine 213 White V. Ditchfield 94, lo* Whitecross Wire and Iron Co. Limited v. Savill 121, 124 William Symington, The .... 205 Williams v. British Marine Mutual Insurance Associa- tion, Limited 109- Williams v. North China In- surance Co 115, 131 Wilson, Harroway, Hender- son & Law i'. National In- surance Co 15' Wilson r. Bank of Victoria . . 119 r. General Screw Col- lier Co 216 V. Rankin .... 14, 103, 159 Wiugate r. James 37 Winston, The 79^ Woosung, Cargo ex .... 198, 200 Wordley r. Michell 38 Wright «;. Marwood 103 r. New Zealand Ship- ping Co 141 Xanthe, The 37, 69- Van Yean, The 203- INDEX OF CASES. xni DEFENDANTS. PAGE Aberap-on Mutual Ship In- • surance Society, Limited, Edwards f 168 Adamson, Jones v 1-11 , River Wear Commis- sioners V 100 ■ & Short, Owners of Steamship Well- field V 207 Agnes Otto, The, Fitzjames, The V 6G, 80 Alexander, Fletcher 1' 123 Allen, Crooks v 18, 124 Alt, De Bussche v 191 Anderson, Tiitton &;Co., Ocean Steamship Co. v 122 Armstrong, North of England Steamship Insurance Asso- ciation V 234 Ashburner, Barrow-in-Furness Mutual Ship Insurance Co., Limited v 170, 178 Augusta, The, Chilian, The, v. 81 Avery, Casebourne v 116 Badart Freres, Dick & Pager. 108 Bailey, Parker & Wellesley, Briggs, Son & Co. v.. 217 . , Prehn v l^'^O Bank of Victoria, Wilson v. . . 119 BarclayjClydeNavigationCo.i'. 74 Paring, Saunders v 228 Pillingham, Hall v 47 Bischotf, Inman Steamshix^ Co. v -56 Bockwoldt, Peruvian Guano Co. -y 60 Boehm, Carter v 83 Pombay Native Insurance Co., Currie v 5, 239 Boston Marine Insurance Co., Uzielli*^ 5,222 Pouch, Betthyany v 21 Boulton, Commercial Steam- ship Co. i' 1-11 Breen, Stumore Weston v. . . 16 Piiscoll, OhrlofE v 41 Pristol Marine Insurance Co., Allison V 117 Britannia Co., Metcalf t'. .... 48 British Bank of Rio de Janeiro, Royal Mail Steam Packet Co. y 120 PAGE Pritish Marine Mutual Insur- ance Association, Limited, Williams v 109 Proadwood, Mortimer r 128 Pudgett, Taylor, Abrahams r. 137 Pullock, Evans r 10-5 Purdick, Sewill r 19 Purnand, Davidson v 211 Pumess, Pehn v 52 , Hopper V 183 Purr, Cory v 31 Purrows, Keith r 105, 166 Purt Poulton, Thorman v. . . 20, 21 Pyers, Thiis r 141 Campbell, Potter v 87 Cannon Co., Cayzer Irvine v. 74 Cassa Maritima of Cenoa, IQeinwort v 25 Chapman, Johnson r 103 Chartered Mercantile Pank of India, London and China, Fryt' ; 19 Childs, Scrutton r 52 China Trans-Pacific Steamship Co., Limited, Marine In- surance Co., Limited v 107 Christie, Lishman v 53 Clark, Short V 170 Coffin & Co., Muq^hy v 138 Coltart, Allen v IG, 139 Commercial Union Assurance Co., Pearson v 143 Corporation of Trinity House, Samman v 147 Cotesworth, Ford v 138 Coulthard, Corrie v 121 Coverdale Todd, Grant v 140 Davidson, Colin v 42 Dent, Smith r 49 Ditchfield, White v 94, 155 Dobell R. R. & Co., EUiot, Lowrey r 21 Donaldson, Davison v 95 Dudgeon, Leuw v 37 Dwyer, PurreU v 237 East & West India Dock Co., Glyn, MUls v 17 XIV INDEX OF CASES. PAGE Edc, Hudsou r 137 Empire Mariuc, Hiiug-htou v. . 12 , , Kidstouo r. . . 89 English, Burtou r 122, 218 Fallp, Vallance v 209 Field, Kayr HO Einlay, Carswell & Son v 9G Fire ",Re-iusiirance CoiiH>ra- tion, Limited, Maritime In- surance Co., Limited r 174: Fisher, Bolckow Vaughan v. . 132 Fletcher, Schuster r 223 Freeland, Postlethwaite r. .. 139 Fumess Eail. Co., Dormontr. 221 Gair, Booth v 222 General Steam Navigation Co. , Czech V 44 General Iron Screw CoUier Co., Grill V 35 General L-on Screw Collier Co., Lloyd V 38 General Screw Collier Co., Wilson r .• 216 Gerussi, Rivaz r 173 Gloahcc, Pease v 19 Godden, Bcynon v l^o Gomey, Bliss v '-'''^^ Grainger, Martin v -1, 88 Great Western Steamship Co., Limited, Grew, Widgery &z Co. t' 'iO Guibert, Lloyd v 2-1 Halliday, Kemp v 80 Hamilton, Ljnich v 83 Hardy, Austin r SO Harland & Wolff, Hamilton r. 165 Harris, Paterson v 211 Head, Commercial Bank of Scotland t- 91 , Hough V 55 Henderson, Notara v 183 Heriot, Schloss r 210 Hickie, Garston Ship Co. v. . . 50, 117, 124, 151 Highley, Barker v 94 Hogg, Johnston & Co. v 31 Holm, Jones v 51 Home and Colonial Marine, We.st India and Panama Telegraph Co. v 213 PAGK Hornstedt & Garthorne, Craw- shaw V 191 Hutchinson, Harrower v 85 Huth, Atlantic Mutual Insur- ance Co. r 239 Hyde, Farnworth r 88 Hyslop, Tate r 84 Indemnity Mutual Marine, Bristol S. N. Co. y 102 Irwin, Hayton v 48 Jackson, Crocker r 106 James, Wingato r 87 Janson, Barker v 234 Jardine, Dickinson v 123 Jones, Bruce v 234 Judge, City of London Court, Reg. V 176 Julian, Morteo » 178 Jupe, AUkins v 129 , Hall V 159 Kirby, Smith r 149 Knoop, Fowler v 17, 13S Kottgen, Shepherd v 121 Lamport & Holt, Huth v 122 Lenders, Sim r 10 Leslie, Ocean Iron Steamship Association v 168 lyevison, Morris v 51 Lishman, Swaiiston v 155 Liverpool Sailing Ship Owaiers' Mutual Association, Car- michael v 130 Livingstone, Burt v 109 Price r 51 Lloyds' General Italian Asso- ciation, Limited, Commer- cial Bank of Scotland and M'Eachran v 85 Lohre, Aitchison v 2, 2l'.i London Assurance Corpora- tion, Bryant & May v 221 Lord, Elliott «; 140 MacGregor, Gow & Co. Mogul Steamsliip Co. v 86 M'Kec, Lewis v 17 Mackenzie, Kaltenbach v 3, 90 INDEX OF CASES. XV Maclean & Co., Sanderson Bros. V 92 "Man on" Marine Insurance Co., Berriclo-e r 128 Marcus, Jacobs & Co., Harris & Dixon V 1-10 Maritime Insurance Co., Cruickshank, Gass & Co. v.. . 91 Martin, Marquand & Co., Scaramang-a v 45 Marwood, Wright v 103 Merchants' Marine Insurance Co., Houlderr 99 Merchants' ]Marine Insurance Co., Levy v 6 Merchants' Marine Insurance Co. , Stewart v 13 Mersey Docks and Harbour Board, De Carting V 126 Michell, AVordley v 88 Middle Dock Co., Prrie v. .. 115, 119 Midland Railway Co.. Hornet'. 43 Mill wall Dock Co., Clark v. . . 146 Montefiore, Carr v 12 . , Proudfoot V 84r Morice, Anderson v 93, 213 National Steam Co., Limited, Tattcrsallr _. . 20 National Insurance Co., "Wil- son, Harroway & Hender- son Law V lo Nederlands India Steam Navi- gation Co., Chartered Mer- cantile Bank of India v. . . 36, 112 Nelson, Donkin & Co., Dahl v. 1 35 Neptune Marine, Bellas v 181 Nettleship, British Columbia Saw Mill Co. r 42 Netmno, The, Albano, The v. 147 Nevill, United Kingdom Mu- tual Steamship Insurance Association v 167 Nevv-castle Steam.ship Insur- ance Co., Fletcher v 181 NewcHstlo Steamship Freight Insurance Assocn., Adam- son V 53 Newgass, French v 50 New Zealand Shipping Co., Wright V 141 Nicholson, Newcastle Steam- ship Indemnity Association V 1'57 Norman, Earl of Eglinton v. . 187 No'th China Insiuance Co., Williams t' 115,131 PAGE North Wales Mutual Marine, Forwood r 91 Northern Marine Insurance Co., Hunter v 152 Ocean Marine Insurance Co. of Bombay, Gambles v 236 Ocean Marine (of Gothenburg), Stone V 236 Owners of Heinrich Bjorn, Northcote v 145 Pacific Fire Marino Insurance Co., Labinovich v 105 Pacific Steamship Co., Sangui- nette v 49 Pandorf, Hamilton Fraser «^... 39 Payne Douthwaite, Rew v. . , G P. & O. Steam Navigation Co., Stoormvart Maatschappy v. 67, 149 Pembroke, Dudgeon v 213 Persian Gulf Steamship Co., Limited, Burness v 38 Poole, Greer v 2r> Potter, Rankin v 3, 56, 87 Price, Akerblom r 204 , Horsley v 136 , Robinson f 120 Ralli, Meyer v 90 Rankin, Wilson r 14, 103, 159 Richter, Nottebohm v 52 Rodocanachi, Burnand v 233 Rowcroft, Earle v 14 Royal Exchange Assurance Co., Carrr 218 Roval Mail Steam Packet Co. , Haigh V 147 Royal Mail Steamship Co., Schmidt r 18, 124 Royal Netherland Steam Navi- o-ation Co., Chapman r 65 Royal Steam Packet Co., Haigh V 147 Saddler, Dixon v 209 Salvador, Roux v 87, 228 Saimder.s, Australasian Agri- cultural Co. v 129 Savill, Whitecross Wire & Iron Co. Limited «; 121, 124 Schmalz, Fenwick v 134 XVI INDKX OF CASES. PAGE Sea Insiirance Co., Dixon r. . . 223 Seeretan, Lidgett v 225 Sellar, Attwood r 179 Sliand, Peninsular, S:e., Steam- ship Co. Limited r 176 Sliaiii, Steam Tug, <.*cf. (Sun- derland) Indemnity Asso- ciation (• 169 Slipper, General Steam Navi- gation Co. V 47 Smith, Fi.-sher r 146 , Laws r 145 , Marzetti t' 18 , Nugent (' 35 Southern Insurance Co., Lee r. 222 Stamp i: Gordon, Scaramanga (• 40, 106 Standar.l Marine, Reid r 227 State Line Steamship Co., Steel t' 36, 210, 212 Steel, Pirie v 235 , Young & Co., Birkett, Sperling v 217 Stewart, Premnda v 98, 113 . Brothers, GuUich- scn r 49 Sutherland, Hughes v 99 Symoudson, Bradford «/• 180 Tedcastle, Spaight v 231 Thames and Mersey Marine, Pickup t' 211 Tliames and Mersey Marine, Hamilton Fraser v 154 Thomson, Castellain f 201 Simpson v 57 Trochmaun, Gardner & Sou v. 114 Tregarthen, Smith Edwards (t'Co. r 16 Turnbull, Great Indian Penin- sular Railway Co. v Tyser, Mercantile Steamship Co. r 41 Union Marine, Spence v 227 L^nited Fu-e and Marine In- surance Co., Foley v 54 United Kingdom Mutual In- surance Association, Dewa Gungadhnr Ship Co. r 169 Universal Marine, lonidesp. 30, 31 , Pitman v. . 90 , Ralli r. .. 190 Vigors, BlackLuni Low v. 84 Wait, James & Co., Neilson v. 136 AYalkcr, King r 4 Wallace, Capper v 4 8 , Smith r 1 38 , Sveudsen r 179 Ward, Leduc v 40 Watnej', Porteous v 135 Wear Marine, Hopper (' 116 Wendt, Hiugston r 199 AVest, Maklerrid r 208 Wheeler, Kav r 39 Whitworth, Dixon r 223 , Mackenzie v 186 Wilkins, Smm"thwaite i' 19 Wilson, HilU' 123 Woolfe, TumbuU v 168 Youle, Thrift v 44- Young, Marine aVfutual In- surance Association v. . . 169, 170 INDEX TO MARITIME LAW DECISIONS. Aba. Abandonment, abandoned vessel damaging pier. See "Damage." chartered freight. See " Chartered Freight." freight in dispute — derelict towed into port : Held unanimously, affirming the decision of Sir Robert Phillimore, that where a vessel is abandoned, and is brought into a port of refuge by salvors, the owners of the cargo on board are entitled to treat the contract of affreightment as abandoned, and, providing they act before the shipowner again gets possession of his ship, to have the cargo delivered to them on giving bail to cover an award of salvage without payment of any freight to the shipowner. T/ie Cito (Court of Appeal, Dec. 1, 1881, Brett, Cotton, and Lindley, L. JJ.). freight in dispute : Held, that where a ship is in distress and a vessel comes up with her, and the captain and crew leave their vessel, but on the follow- ing morning request to be allowed to return to her, which request is refused, and other men are put on board of her, and the two vessels are in company navigated into port, there is no such abandonment of the ship as to put an end to the contract of carriage, and consequently there will be freight due iipon the consignees requiring delivery of the cargo. The Leptir (Admiralty, March 4, 1885, Butt, J.), freight in dispute. See " Pro rata Freight." mutual insurance rules not sufficiently explicit. See " Constructive Total Loss." D. B y 2 INDEX TO MAIUTIME LAW DECISIONS. Aba. Abandonment — con tin ued. not compulsory — repairs exceeding' value insured : Held unanimously, afFirming- the decision of Braniwell, Brett, and Cotton, L. JJ., and a prior decision of Mellor and Lusli, JJ., that an owner is not bound to treat his ship as totally lost even if the expense of repairing her exceeds her value ; he may elect to repair, in which case the underwriter is liable for the expense of repair- ing the sea damage to the ship, less the customary deduction of one-third, up to 100 per cent, of the amount imderwritten by him, although it might be more than the amount of a total loss with benefit of salvage, subject to the repairs being bond Jide made, and the expenses of making' additions to the ship being excluded from tlie calculation. Aitckison v. Lohrc (House of Lords, July 15, 18, 31, 1879, Lord Chancellor Cairns, Lords Hatherley, O'Hagan, Black- burn, and Gordon), notice thereof, when it must be given — title —sale : "It was questioned whether or not the notice must bo given when the assured first heard of the loss, and the judges decided that the assured must have reasonable time to ascertain the nature of the loss. For instance, if the owner hears thut his vessel is damaged, that is not sufficient information ; he must know the nature of the damage. If he hears that his ship is captured in the time of M'ar, then it is obviously a total loss. If he hears that his ship is stranded, with her bottom out and her back broken, yet still is in existence, but is in such a state that any reasonable man must know that she is in imminent danger of being utterly lost, then he must at once give notice of abandonment. When he hears that the damage is such as to cause imminent danger of total loss, then ho must give notice of abandonment ; but if his information be otherwise, then he can have a reasonable time to wait. Notice of abandonment is a condition precedent, and must be given directly after the assured knows that his shij) is in so dangerous a condition as to bo likely to prove a total loss ; but in cases of uncertainty a reasonable time is allowed. But then there is this state of things IXDEX TO MARITIME LAW DECISIONS. 3 Aba. Abandonment — continued. to be considered, wlien tlie sliip and goods are put in danger and neither the assured nor the underwriter is at hand, then the captain of the vessel alone must act ; indeed, under such circumstances, captains have sold ship and cargo where they were not insured. As a general rule, as to the propriety of sale and the title a captain can give, I say that he has in himself no right without the consent of the owners ; but if it be a case of urgent necessity, then he becomes an agent, so as to bind the owner of the ship and goods. The rule is then, that, if the circumstances are such that any reasonable person having authority would sell, then the captain can sell, and what he does is binding on the owners. When, therefore, there is a constructive total loss of the ship or cargo, circumstances may or may not have arisen to justify the captain in selling, and he may or may not have sold. If the first infor- mation which the assured has of the damage to his ship or goods, although it be not of an actual total loss by the perils of the sea, is accompanied also by the information that the captain has sold them, and he has done so justifiably, that is the time when the assured should give his notice of abandonment. In the case of Potter V. Rankin, it was held that where no possible advantage could accrue to the assurer from notice of abandonment, then such notice was a mere idle cere- mony and need not be given ; but the decision in that case went no further. I Avill not say that, if it could be shown that the subject-matter was in such a condi- tion that it would disappear before notice of abandon- ment could be given, the assured might not be excused from giving notice ; but I say that nothing short of that would excuse him. I think to go further would let in all the dangers against which the doctrine of notice of abandonment was made part of the contract," Judgment of Brett, L. J., in Kaltenbach v. Mackenzie. notice thereof — insufiicient notice : Held unanimously, that where a managing owner, having received letters from his master that his ship has put into a port iu b2 4 INDEX TO MAUITIME LAW DECISIONS. Aba. Ahandomnent—conlinKcd. distress, that he had advertised for tenders for repairs, that the surveyors said the ship could not go home under temporary repairs, that in his opinion she wovdd not be vrorth the cost of repairs, and it -svould be better to sell her in the interest of all parties, forwards these letters to his underwriters, with the statement that this is all the information he can give, there is no sufficient notice of abandonment given to underwriters, and if the ship be sold he can only recover as for a partial loss. Kiiif/ V. Walker (Exchequer, May 25 and 26, and July 6, 18C3, Pollock, C. B., Bramwell, Channell, and AViide, BE.), notice thereof — delay inexcusable : Held, Martin, B., dis- sentino:, that where a vessel is sold as a constructive total loss abroad, and advice thereof is received by the owners in England on the 10th of a certain month, it is too late for them to give notice of abandonment on the IGth of the same month, and underwriters may refuse such notice of abandonment. Martin v. Grainger (Exchequer, May 11, 1863, Erie, C. J., Williams and Keating, JJ., Martin, Channell, and Wilde, BB.). notice thereof — delay reasonable : Held, that a notice of abandonment need not contain the word "abandon," provided the letter giving notice of abandonment con- tains any equivalent expressions which inform the underwriters that it is the intention of the assured to give up to them the property insured u^on the ground of its having been totally lost. Held, further, that although the assured is not to delay liis notice when a total loss occurs, in order to take his chance of doing better for himself by keeping the sub j ect-matter insured, the underwriters cannot complain of a suspense of judg- ment fairly exercised on the part of the assured, to enable him to determine whether the circumstances are such as entitle him to abandon. Where a vessel is stranded on the first of a certain month and surveyors on the sixth certify that attempts should be made to save cargo, and on the eleventh that it would be diffi- cult to save cargo, a notice of abandonment given on the tenth was held to have been given without un- INDEX TO MARITIME LAW DECISIONS. 5 Aba — Abs. Abandonment — continued. reasonable delay. Currie ^* Co. v. The Bombay Native Insurance Co. (Privy Council, December 10 and 18, 1869, Lord Chelmsford, Sir J. W. Colville, and Sir Joseph. Napier). notice to underwriters on a re-insurance : Held unani- mously, confirming the decision of Mathew, J., that where a vessel has been abandoned by an owner to his underwriters, and they refuse to accept abandon- ment, but ultimately, after floating the ship, effect a settlement with the owner which makes their loss over 100 per cent., underwriters on a re-insurance cannot successfully plead that they did not receive notice of abandonment, the notice on the part of the owner being sufiicient. Uzielli v. The Boston Marine Insur- ance Co. (Court of Appeal, Oct. 30 and 31, and Nov. 10, 1884, Brett, M. E., and Cotton and Lindley, L. JJ.). notice unnecessary. See " Chartered Freight." refused by underwriters and sale of vessel. See " Con- structive Total Loss." Refer p. 222. sale without notice of. See " Constructive Total Loss." salvors abandoning derelict, ultimately salved. See " Sal- vage," p. 197. salvors taking possession, refusal to replace crew oa board. See " Salvage," p. 202. too late. See " Constructive Total Loss." towing several miles before. See "■ Salvage," p. 207. voj-age abandoned after seamen engaged. See "Sea- man's AVages." wreck, duty to warn vessels. See " Sunken Wreck." About 1,100 tons, margin allowable. See "Charter-party," p. 51. Absolute Damage only, mutual insurance rules inexplicit. See ' ' Constructive Total Loss." Absolute total Loss, constructive total los^ becoming absolute — prudent owner: Held, that where a vessel having stranded is a con- b IXDEN. TO MAKITIME LAW DECISIONS. Abs— Acc. Absolute total Loss — coitiinued. etructive total loss only, but sulDsequently (after lying two months in an exposed position), in consequence of tlie perils insured against, becomes an absolute total loss, tbe owners of the vessel who have insured her against absolute total loss only can recover from their underwriters, and the underwriters cannot success- full}' plead that the absolute total loss might have been averted by floating the vessel, if it be proved no prudent owner would have incurred the expense. Levy V. The Merchants' Marine Ins. Co. (Queen's Bench, Jan. 24th, 1885, Mathew, J.). Acceptance .in exchange for documents — cargo, sale and purchase : Held, that where purchasers of a cargo are handed an indorsed bill of lading and a bill of exchange, the latter for acceptance and return, under a contract of sale and purchase of cargo, they cannot retain the bill of lading against a lien for part freight paid, or against loss on sales to arrive through the cargo not being according to contract, unless they forthwith accept the bill of exchange, but are compelled "to approbate or repro- bate" entirely and completely, then and there, and either return all the documents or accept the bill of exchange, and if they act upon the bill of lading with- out accepting and returning the bill of exchange, they are liable to pay damages for wrongfully taking posses- sion of the cargo, the ordinarj^ measure of such damages being 5 per cent, per annum upon the value of the cargo. Iteiv v. Payne, Donthtcaite Sf Co. (Chancery, Dec. 14 and 15, 1885, Kay, J.), not returned, voiding policy. See " IMutual Insurance." of salvage services not necessary. See "Salvage," p. 199. Accident beyond charterer's control, snowstorm. See "Lay Days," p. 134. during loading, full and complete cargo. See " Charter- party," p. 51. INDEX TO MARITIME LAW DECISIONS. 7 Acc — Age. Accounts kept by managing owners' firm. See "Managing Owner." outstanding, ten days double pay. See " Master'sAVages." unpaid by managing owner. See " Co-ownership." Act, neglect, or default of crew, re-stowage of cargo. See "Cargo Claims," p. 44. Act of God, definition of. See "Cargo Claims," p. 35. Refer p. 100. Action, both in Ireland and England. See " Collision," p. 60. both at home and abroad. See " Collision," p. 60. discontinued by consent of shipowners, cargo action. See "CoUision," p. 71. dismissed by consent of shipowners, cargo action, limita- tion of liability. See " Collision," j). 71. Actual Benefit, none conferred by salvors. See "Salvage," pp. 202, 207. Additions to ship, repairs enhancing value. See "Abandonment." Adjustment. See " Average Adjustment." Administering interrogatories, answers insufficient. See "Interroga- tories;" also "Collision," p. 69. Advanced Freight, See " Freight advanced." repaid in case of negligent navigation. See " Cargo Claims," p. 40. Advances, premium of insurance. See " Necessaries." Advice of Loss, confirmation of insurance after. See "Freight." After my arrival. See " Bottomry." Agent and Principal, carrier and warehouseman. See " Stoppage in Transit.'' confirming insm-ance after loss. See " Freight." 8 INDEX TO MARITIME LAW DECISIONS. Age— All, Agent and Principal — coiiii/iucd. duty of agent to telegraph. See " Concealment." master as agent. See " Master." master chartering in advance. See " Master's Agency." master engaging agent to salve ship and cargo. See " Salvage," p. 199. Be/er p. 183. master, illegal stowage. See "Master's Agency." master illegally shipping deck cargo. See "Deck Cargo." master selling stranded vessel. See " Master's Agency." master, agent signing by authority of, not of owner. See " Bill of Lading," p. 21. negligence of salvor's tug. See " Salvage," p. 202. shipowner arranging salvage. See " Sue and Labour Clause." sub-agent selling above minimum price. See " Sale of Ship." termination of agency. See " Concealment." withholding news of disaster. See " Concealment." withholding news of disaster — sub-agent. See "Con- cealment." Agreement to pay excessive salvage. See " General Average." to sot aside a judgment by consent. See "Collision," p. 71. "without knowledge of sailor's solicitor to withdraw from action. See " Seamen's "Wages." Agreement between Masters, cargo's proportion. See " Salvage," pp. 205, 206. exorbitant sum. See "Salvage," p. 194. must be to owners' advantage. See " Salvage," p. 200. must not be inequitable. See "Salvage," ji. 194. seamen trying to set aside. See " Salvage," p. 204. vessel afterwards lost. See " Salvage," p. 20G. Alongside, at ship's risk, perils of the seas. See " Charter-party, "p. 52. All liberties as per bill of lading. See "Deviation." on board delivered. See "13ill of Lading," pp. 20, 21. on board delivered. See " Short Delivery." other conditions as per charter-party. See " Charter- party," p. 49, and p. 134. tffiaes of the tide always afloat. See "Lay Days," p. 136. IXUEX TO MARITIME LAW DECISIONS. 9 All— App. Allotment note issued by charterers, claim on shipowner. Sec " Seamen's Wages." Always afloat, safe i)ort. See " Charter-party," p. 48. at all times of the tide. See " Lay Days," p. 136. Amendment of error or omission. See " Open Policy." Anchor and chains, warranty of test. See "Chain Cables and Anchors." duty of keel to dredge in river. See " Collision," p. 72. foundering at anchor. See " Seaworthiness." improperly carried out of place. See "Collision," p. 59. vessel at, light burning. See " Collision," p. 67, and p. 64. Anchoring before docking. See " Compulsory Pilotage." before docking in Eiver Mersey. See " Compulsory Pilotage." before proceeding to sea. See " Compulsory Pilotage." Annulling' sale of wrecked cargo. See "Wreck." Answers to interrogatories. See "Managing Owner." to interrogatories, insufficient answer. See "Interroga- tories." to questions, improper preliminary act. See "Collision," p. 69. Ante-dated bills of lading, master's duty. See " BiU of Lading," p. 16. Appeal. See " Court of AppeaL" Admiralty award. See " Salvage," p. 195. Board of Trade inquiry, master. /See " Board of Trade Inquiry." Board of Trade inquiry, owners. See "Board of Trade Inquiry." County Court, tender of 50^. found sufficient. See " Sal- vage," p. 195. 10 INDEX TO MARITIME LAW DECISIONS. App — Arr. Appearance, none entered — sale. See " Collision," p. 70. Apprentices or seamen, engaging. See " Crimping." Approaclung vessel, wliistle heard ahead in fog. See "Collision," p. 75. ■whistle heard in fog. See " Collision," p. 75. "wrong manoeuvre observed. See " Collision," p. 66, Approbate or reprobate. See "Acceptance in Exchange for Docu- ments." Arbitration, evidence taken in error : Held, reversing the decision of Day, J., that where in a contract of sale and purchase there is an agreement to submit matters in dispute to arbitration, the arbitration cannot be set aside on account of a mistake of an arbitrator in receiving evi- dence not admissible in a Court of law, unless his error amounts to misconduct ; the Courts have nothing to do in any other event with the way in which an arbitrator conducts a case as to the reception of evi- dence. Simv. Lenders Sf Co. (Queen's Bench, March 2, 1887, Lord Coleridge and Mathew, J.). no action to be taken at law. See " Mutual Insurance." Arrest of Ship, bottomry. See " Bottomry." commission on bail — damages for bad faith : Held, that if a vessel has been arrested and the owner has given bail, and successfully defended the action against his vessel, he cannot recover as costs the commission paid by him for such bail, though he may in some instances, where the arrest is made in bad faith, or as a result of gi'oss carelessness, recover it as damages. The Numida and I'he Collingrove (Admiralty, July 21 and August 4, 1885, before Sir James Hannen and Butt, J.). contempt of Court — warrant not duly signed : Held, affirming the decision of JSIr. Commissioner Kerr, that a warrant of arrest of ship signed in his own name by INDEX TO MARITIME LAW DECISIONS. 11 Arr — Ass. Arrest of Ship — continued. a clerk in a bailiff's office, the clerk not being himself a bailiff, is not duly executed, and the master of a vessel is therefore not guilty of contempt of Court in removing her when so arrested. The Palomares (Admiralty, Jan. 27, 1885, Sir James Haunen and Butt, J.). foreign government, mail packet. See " Collision," p. 62. in excessive amount. See " Salvage," p. 195. perishable goods on board, forwarding. See " Cargo Claims," p. 40. seamen arresting vessel (in excessive amount), same ownery, slight services. See "Salvage," p. 204. telegraphic arrest : Held, that notwithstanding the pro- visions of Order IX. r. 1 2, as to the mode of serving a writ, the Admiralty Court may give directions by telegraph to the officer of customs to arrest a ship immediately on the issue of the warrant and before the warrant itself can reach the officer ; and an owner or master who, under such circumstances, removes a vessel out of the jurisdiction after the officer of customs has taken possession of her, is guilty of contempt of Court. The Seraglio (Admiralty, May 1, 1885, Sir James Hannen). Arrival and for fifteen days thereafter. See " Voyage." before effecting of re-insurance. See "Premium." damaged ship, good safety. See " Termination of Risk." not at discharging berth. See "Voyage." As fast as steamer can deliver, dock crowded. See " Lay Days," p. 135. near thereto as she may safely get. See "Charter- party," pp. 47, 48, and pp. 135, 136. Assignment of freight by managing owner. See "Managing Owner;" "Mortgage." Assistance to disabled vessel after collision. See " Collision," p. 57. 12 INDEX TO MAKITIME LAW DECISIONS. At— Aux. At all times of the tide, alwfiys afloat. See " Lay Days," p. 136. At and From commencement of risk : Held, affirming the decision of Smith, J., and a jury, that a jiolicy of insurance is to be construed on the same principles as other contracts, and its language to be taken in its plain and ordinary sense. The risk under such a policy, therefore, con- taining the clause " at and from " commences from the ship's arrival -within the geographical limits of the port mentioned, jirovided only she be there in a state of sufficient rejiair or seaworthiness to be enabled to lie there in reasonable security till properly repaired and equipped for her voyage. Haiightony. Empire Marine Ins. Co. Limited (Exchequer, Nov. 22, 1865 ; Feb. 26, 1866, ChanneU and Pigott, BB.). See " Chartered Freight " : " Contract of Sale and Purchase." loading at port not named in policy — change of ownery : Held unanimously, affirming the decision of Cockburn, C. J., "Wightman and Mellor, JJ., that where in poHcies of insurance on ship and goods the voyage was described as "at and from the Eiver Plate," &C., "beginning the indenture .... upon the loading thereof {i. e., of the goods) aboard the said ship at, as above," the policies were not vitiated if, although the whole of the cargo had not been loaded at ports in the Piver Plate, a part thereof had been so loaded, and the vessel had there changed hands, and a new adventure begun. Per Bramwell, B. : " The risk is to commence on the loading of those goods which may be loaded in the Piver Plate, and as to other goods loaded for the voyage from the time of their being brought there." Carr v. Montefore (Ex- chequer, May 11, 1864, Erie, C. J., Bramwell, Channell, and Pigott, BB., Willes and Keating, JJ.). Refer p. 85. Authorities interrupting discharge. See "Lay Days," p. 138. Auxiliary screw, substituted expense. See " General Average." INDEX TO MARITIME LAW DECISIONS. 13 Ave— Bad. Average adjustment — bill of lading exceptions — fire. See " Gene- ral Average." adjustment — incorrect and paid upon : Held, confirming tlie decision of the Lord Ordinary (Trayner), that if an underwriter pay a claim in accordance with an average adjustment, which he discovers after payment to have been adjusted in error, it is competent for him to re- claim the amount so paid. The Summerlee (Court of Session, Edinburgh, May 19, 1887.) bond — Liverpool form. See " General Average." or claim arising from jettison or leakage. See "Special Clauses." under three per cent. — time policy — voyages : Held, re- versing the decision of Stephen, J., that where a time policy on ship contains the clause, ""Warranted free from average under three per cent., unless general, or the ship be stranded, sunk, or burnt," the amount of the average loss must be calculated at the end of every sejoarate and distinct voyage, when in the ordinary course of business the damage to the ship comes to be repaired, and general average losses settled, and that the losses on different voyages within the period covered b}' the policy cannot be added together to make the claim amount to three per cent. Stewart ^ Co. v. The Merchants' Marine Ins. Co. Limited (Court of Appeal, Nov. 3, 4, and Dec. 7, 1885, Lord Esher, M. E., and Cotton and Lindley, L. JJ.). Award, chances of appeal. See "Salvage," p. 195. rule as to two-thirds carrying costs. See "Collision," pp. 68, 69. salvors disagreeing as to distribution of, see "Salvage," p. 197. Bad faith, damages for arrest of ship. See " Arrest of Ship." weather preventing discharge. See " Lay Days." weather preventing loading. See " Lay Days." weather preventing vessel being made "free of pratique." See " Charter-party," p. 48. 14 INDEX TO MARITIME LAW DECISIONS. Bad — Bar. Sad — continued. TTOrkmansliip. iS'ce " Ship Eepairers." ■worlvmansliip, sliipowner's inspector overlooking same. See "Sliip Eepairers." Bail, commission on. See " Ai'rest of SliijD." bond, co-owner's liability. See " Co-ownersliip." Ballast or cargo ship, Mersey Act. See "Ilarboiu' Authorities." Bankruptcy of ship repairers, delay in delivery. See "Ship Eepairers." Barge not "propelled by oars" — ship " in distress on the shore," &c. : Held unanimously, reversing the decision of Sir Eobert Phillimore, that a barge used for carrying mud out of a river, having no internal means of propulsion, not being "propelled by oars," is a ship within the meaning of the Merchant Shipping Act, 1854. Held, further, that the words " in distress on the shore " have to be read so as to include vessels in distress without being actually aground or in contact with the shore. The Mac (Court of Appeal, June 30, and July 3, 1882, Lord Coleridge, C. J., and Brett and Cotton, L. JJ.). Barratry, illegal shipment of deck cargo. See " Deck Cargo." of master. "It seems clear, on the authority of Earle v. liotvcroft, that if the master of a vessel, acting within what otherwise would be the extent of his authority, contravenes some positive law, and thereby causes injury to his owners, this will bo barratry in the master, notwithstanding that the purpose of the thing done was to benefit the owners. But to constitute barratry there must necessarily bo an absence of con- sent and knowledge on the part of the owner." (Judg- ment of Cockburn, C. J., in Wilson v. Itanldn.) of master — warranted to tow : Held, reversing the finding of the jury, that the master of a vessel which, according to her policies of insurance, was warranted to be towed in and out of a certain port, was not guilty of barratry INDEX TO MARITIME LAW DECISIONS. 15 Bar— Bil. Barratry — contbuicd. in disregarding such warranty, and endeavouring to make the port under his own steam and without the assistance of a tug, there being no fraudulent breach of duty induced by motives of self-interest or of malice to the owners, or any disregard of a law it was his duty to obey, and that consequently the breach of warranty could not be set aside by a plea of barratry of master. Wilson, Harroicatj, and Henderson Law v. Nationallnsurance Co. (Supreme Court, Dunedin, 1886, before "Williams, J., and a special jury), smuggling — vessel seized. See " Capture and Seizure." wilful default not necessarily barratry. See "Cargo Claims," p. 35. Beaching Vessel. See "Harbour Authorities." Being a re-insurance, not so stated. See " Ee-insurance." Belligerents extinguishing lights. See " Capture and Seizm-e." preventing salvage. See " Capture and Seizure." Berth, ■ unsafe — liability of harbour authorities. /See " Harbour Authorities." Bill di-awn by master. See " Master's Wages, &c." Bill of Lading. See " Seaworthiness." action of holders rendering them liable : Held, that although the indorsees of a biU of lading indorsed simply for the purpose of enabhng them to recoup themselves for advances made to the indorsers, and with no intention of passing the property, are not liable under the Bills of Lading Act (18 & 19 Yict. c. Ill), if they, as holders of the bill of lading, entitled to delivery of the goods on certain terms as to freight, demurrage, &c., present the same and demand delivery of the goods, they thereby prima facie offer to perform those terms of the bill of lading upon which alone the goods are deliverable to them. Allen v. 16 INDEX TO MARITIME LAW DECISIONS. Bil. Bill of 'La.ding—couiiiiiu'd. Coltart ^ Co. (Queen's Bench, May 29, and June 12, 1883, Cave, J.). all liabilities per, see " Deviation." all other conditions per charter-party. Sec " Lay Days," p. 134 and p. 49. at less than chartered freight. See " Freight." ante-dated — master's duty : Held unanimously, that al- though a master is not bound to superintend in person the receipt and stowage of goods, he must inform him- self of the fact and time of shipment by an examina- tion of the mate's receipts or the log-book, or otherwise, before he signs a bill of lading for the goods, and he must not rely upon statements made by the ship's agents or others. Stumore Weston v. Breen (House of Lords, Dec. 10, 188G, Lords Watson, Blackburn and Fitzgerald). cargo forwarded partly in another vessel : Held, that if bills of lading be signed for certain goods as shipped on board a certain vessel, and the goods, or part of them, be not shipped upon such vessel, but upon another vessel arriving later at port of discharge than the first- named vessel, the owners of the cargo have a claim upon the shipowners for loss of market, &c., conse- quent upon the delay in delivery of goods. Smith, Edwards 8f Co. v. Tregartlien (Liverpool County Court, March 21, 1887, Judge Collier). charter making same conclusive evidence as to quantity shipped. See " Charter-j^arty," p. 52. conditions of same not consistent with terms of charter- party. See " Charter-party," p. 49. consignee retaining same in hand : Held unanimously, affirming the decision of Field, J., that the consignee of a bill of lading who has retained the same in his own hands and not indorsed it over to purchasers of cargo, is a consignee of the goods within the meaning of the Bill of Lading Act, 1855, s. 1, and liable to be sued by the owner of the vessel for demurrage, in con- sequence of detention in taking delivery on the part of the purchaser of the cargo to whom the cargo has been INDEX TO MARITIME LAW DECISIONS. 17 Bil. Bill of Lading — co)iti)iitcd. delivered upon orders signed by tlie said consignee. Fowler N. Knoop (Court of Appeal, Nov. 18, 19, and Dec. 10, 1878, Bramwell, Brett, and Cotton, L. JJ.). construction of, real and not proximate cause. See "Cargo Claims," p. 37. damage by rats not excej)ted. See "Cargo Claims," p. 39. deliver to , looking to them for freiglit and witliout recourse to us : Held unanimously, affirming the decision of Martin and Channell, BB., Pigott,jB., dissenting, that where a bill of lading is indorsed by a consignee in the above terms in favour of wharfingers, the said consignee is not relieved from liability for freight under the bill of lading, unless the indorsement has been seen and assented to by the captain of the ship ; the consignee being prima facie liable, it lies on him to show that the liability of third parties was in fact substituted. Leivis v. McKee (Exchequer Chamber, Dec. 3 and 4, 1868. Willes, J., delivered judgment of Court). delivery to holder of one part : Held unanimously, affirming the decision of the Court of Appeal (Bram- well and Baggallay, L. JJ., Brett, M. E., dissenting), reversing a prior decision of Field, J., that where any one of a set of bills of lading made in parts is pro- duced to the master of a ship by the consignee or indorsee, and the master has no notice or knowledge of any prior indorsement of one of the other parts, he is justified in delivering the goods upon the part pre- sented to him ; but if he has notice or knowledge of two conflicting claims he must deliver to the rightful holder at his peril, or interplead. Glynn, Mills &^- Co.\. East and West India Docks Co. (House of Lords, July 3, 4, and G, and August 1, 1882, Lord Chan- cellor Selborne, Earl Cairns, and Lords O'Hagan, Blackburn, Watson, and Fitzgerald). Refer p. 92. discharge from ship's tackles : Held unanimously, affirm- ing the decision of Grove and Mathew, JJ., and a prior decision of Huddleston, B., that where a consignee D. c 18 INDEX TO MARITIME LAW DECISIONS. Bil. Bill of liading — co>ituii(cd. demanded delivery of goods direct into lighters in- stead of upon the quay, under a clause in a liill of lading that same were to be delivered " from shij)'s tackles," the shipowner was entitled to refuse, in virtue of a custom of the port of discharge to deliver fii-st on the quay, the principle covering such cases being that, unless the terms of the bill of lading are clearly con- trary to the ordinary custom of the port, such custom must be read into it. Marzctti v. Smith (Court of Appeal, March 3 and June 19, 1883, Brett, M. E., and Lindley and Fry, L. JJ.). excepting dangers and accidents of the seas or navigation — collision. See " Cargo Claims," pp. 35, 38. excepting damage by fire : Held, that the proper construc- tion of bills of lading clauses, according to which owners are not liable for fire and its consequences, is that the contract of owners as common carriers is sub- ject to the specified exceptions, and not that their liability to contribution in general average as owners of the ship is to be taken away. Schmidt v. The Royal Mail Steamship Co. (Queen's Bench, May 12, 1876, Blackburn and Lush, JJ.). Crooks v. Allen (Queen's Bench, Nov. 23 and Dec. 20, 1879, Lush, J.). excepting damage by fire — water used to extinguish same. See " General Average." excepting damage to cargo : however caused — unsea- worthiness. See "Seaworthiness." excepting management or navigation — re-stowage. See "Cargo Claims," p. 44. excepting uogligenco of servants. See " Cargo Claims," p. 36. excepting perils of the seas. See "Cargo Claims," pp. 36, 37, 45. freight payable as per charter-party : Held unanimously, that tlie above clause in a bill of lading incorporates therein the conditions of the charter-party as to rate of freight and payment thereof only, and that a ship- corner has no lien upon the goods shipped by a char- terer under one bill of lading for differences in freight INDEX TO MARITIME LAW DECISIONS. 19 Bil. Bill of liading — continued. consequent upon other bills of lading being signed at a less rate of freight than the rate stipulated for in the charter-party, the lieu under the bill of lading being a lien for freight as per charter-party xipon the goods covered by that bill of lading. Fry v. lite Chartered Mercantile Bank of India, London, and China (Com- mon Pleas, June 21, 1866, Erie, C. J., M. Smith and Byles, JJ.). Refer ^.lU. general ship — charter unknown to shippers of cargo. See " Cargo Claims," p. 41. indorsement — indorsee not liable : Held, that where an indorsee of a bill of lading has indorsed it over, he not. being the person to whom the said property would ultimately pass, after such indorsement, he does not remain liable for freight. Smurthicaite v. Willdns (Com- mon Bench, Peb. 10, 1862, Erie, C. J., and Williams, J.). indorsement for value by fraudulent indorser : Held unanimously, reversing the decision of Dr. Lushington, that where a bill of lading which the indorser has got into his possession by fraud, has been by him indorsed for value to an innocent purchaser, such indorsement is good notwithstanding the fraud. Fease v. Gloahec, The Marie Joseph (Privy Council, Aug. 4, 1866, Eight Hon. Lord Chelmsford, Knight-Bruce and Turner, L. JJ., Sir J. T. Coleridge, and Sir E. V. WiUiams). indorsement by way of security : Held unanimously, reversing a decision of the Court of Appeal (Brett, M. P., and Baggallay, L.J., Bowen, L.J., dissenting), and affirming a prior decision of Pield, J., that where a shipper of goods has indorsed a bill of lading in blank and delivered it to the indorsee, simply by way of security for money advanced, the property in the goods does not thereby pass to the indorsee within the meaning of sect. 1 of the Bills of Lading Act (18 & 19 Vict. c. Ill), so as to render him liable in an action by the shipowner for freight, when the goods themselves did not realize on a sale at the port of discharge suffi- cient to pay the freight thereupon. Seivill v. Burdick (House of Lords, Nov. 4, 6, 7, and Dec. 5, 1884, Lord c2 20 INDEX TO MARITIME LAW DECISIONS. Bil. Bill of Lading — coii/imn'd. Chauccllor Selborne, Lords Blackburn, Bramwell, and Fitzgerald). lien for part freight. See "Acceptance in Exeliange for Documents." limitation of liability : Held, tliat wliere in a bill of lading for certain cattle the shipowners state that they will in no case be responsible for exceeding 51. for each of the animals, this limitation does not apply to loss or damage arising from a breach of the shipowner's duty to provide a ship fit for its purpose ; and that therefore they are liable for more than ol. per head if the cattle become infected with a disease in consequence of them or their servants failing to have the ship pro- perly cleansed and disinfected before receiving the cattle on board. Tattersall v. National Steam Naviga- tion Co. Limited (Queen's Bench, March 11, 1884, Day and Smith, JJ.). loss of market. See ■^. 18, and pp. 39, 42. naming improper port — lighterage. See "Charter-party," p. 48. nominal freight — cargo — ship's account. See "Mortgage." none made, charter-party lien — general ship. See " Lien." not accountable for leakage. See " Cargo Claims," pp. 41, 43. 72e/erp. 218. not conclusive as to quantity shipped. See " Charter- party," p. 52. lie/er p. 216. short delivery : Held unanimously, affirming the decision of Grove, J., that where goods have been floated along- side of a ship, and mate's receipts given for same, and bills of lading subsequently signed for the quantity stated in the said mate's receipts, and the vessel on. discharging delivers less than the bills of lading cj^uan- tity, all taken on board being delivered, the holder of the bill of lading is not entitled to make a deduction from the freight for short delivery ; a bill of lading, apart from the Bills of Lading Act, not being conclusive against a shipowner, and ho not being liable in respect of goods not actually shijiped. 77iorman v. Burt, Boul- ton ^' Co. (Coui't of Ajtpeal, March 2, 1886, Lord Lsh( r, M. li., Lindley and Lopes, L. JJ.). INDEX TO MARITIME LAW DECISIONS. 21 Bil— Boa. Bill of Lading — continued. short delivery : Held unanimously, reversing the decision of Pollock, B., that in the case of a timber cargo, not liahle to be stolen, if a shipowner can prove that all the cargo taken on board has been delivered, it rests ■with the consignees to prove short delivery, and if no tally of the output be kept either by the ship or re- ceivers of cargo, but the pieces simply counted after being stacked, the Court wiU hold that the shipowner has satisfied the burden thrown upon him, of proving that notwithstanding the bills of lading he had delivered all the timber received on board, and will not hold him liable for short delivery. Elliott, Lowrey ^' Co. v. Dohell ^- Co. (Court of Appeal, June 16, 1887, Lord Esher, M. E., Lindley and Lopes, L. JJ.). Refer pp. 53, 216. signature thereof by agent : Held unanimously, affirming the decision of Grove, J., that a signature to a bill of lading of an agent ''by authority of the captain" is not a signature by or for the owner, the agent being the agent of the captain and not of the owner, and the owner is not liable under such bill of lading. Thorman V. ^urt, Boulto7i ^ Co. (Court of Appeal, March 2, 1886, Lord Esher, M. E., and Lindley and Lopes, L. JJ.). triplicate, tender of two sufficient. See " Contract of Sale and Purchase." warranty as to seaworthiness. Refer pp. 45, 209, 210. weight, contents, and value unknown. See "Cargo Claims," p. 45. Bill of Sale, sale by agreement : Held, that a sale of a ship by written agreement, although the agreement was not a bill of sale, is quite vahd; that sect. 55 of the Merchant Ship- ping Act of 1854 apiolies to the actual agreement by which a ship is transferred, and not to an agreement to transfer ; that therefore the registered owner can en- force the written agreement of sale. Betthyamj v. Bouch (Queen's Bench, March, 12, 1881, Grove, J.). Board of Trade Inquiry, appeal by officers : Held, that by the Shipping Casualties 22 INDEX TO MARITIME LAW DECISIONS. Boa. Board of Trade Inquiry — con/imwd. Investigations Act, 1879, no right of appeal is given from tlio refusal of the Board of Trade to order a re- hearing of an investigation into the conduct of a certificated officer. T/ie Ida (Admiralty, Fob. 16, 188G, Sir James Hannen and Butt, J.). appeal by owners : Held, that by the provisions of the Shipping Casualties Investigations Act, 1879, no right of appeal from the Avreck commissioner is given to a shipowner, though he appear as a party in the investi- gation and be condemned in costs ; and although the Court may express an opinion that he ■was improperly so condemned in costs, it is powerless to give effect to its opinion. 77/ e Golden Sea (Admiralty, May 15, 1882, Sir James Ilannen, Sir E. Phillimore, and Xautical Assessors). master's certificate improperly suspended : Held unani- mously, that a wreck commissioner has no jurisdiction to suspend a master's certificate under the Merchant Shipping Act, 1854, s. 242, where a ship has been stranded but not damaged, the Act giving jurisdiction only in cases of loss, abandonment of, or "serious damage" to, a ship. Ex imrie Storey (Queen's Bench, Feb. 4, 1878, Cockburn, C. J., MeUor and Manisty, JJ.). master's certificate improperly suspended — negligence not proved : Held, that where the report of a court of inquiry into a shipping casualty does not show that a default on the part of an officer, directly or by neces- sary inference, causes or contributes to the casualty itself, his certificate cannot be taken away or sus- pended. The Arizona (Admiralty, March 11, 18, 22, and April 20, 1880, Sir James Hannen and Sir li. Phillimore). master's certificate improperly suspended — charges unex- pected — apj)eal : Hold, that where a wreck commis- sioner's court of inquiry has suspended a master's certificate and the master has appealed, he is entitled, if the charges against him in the said court of inquiry have been unexpected, to ajiply for leave to produce further evidence at such appeal ; and if his appeal is INDEX TO MARITIME LAW DECISIONS. 23 Boa— Bot. Board of Trade Inquiry — continued. successful he is entitled to costs against the Board of Trade. The Famenoth (Admiralty, May 18, 1882, Sir James Hannen, and Sir E. J. Phillimore, assisted by Nautical Assessors). Board of Trade vessel as salvor. See "Salvage," j)- 195. Boiler explosion, wear and tear — negligence of crew. See ' ' Sea- worthiness." Bona fide Purch.aser, master's lien after sale to, see " Master's "Wages &c." Bond, arresting ship hefore due. Sre " Bottomry." for safe return, minority shareholders. See " Co-owner- ship." general average bond. See " General Average." liability of co-owners on bail-bond. See " Co-ownership." master in fault, giving bond. See " Collision," p. 65. payable on arrival of ship. See " Bottomry." salvage, cargo-owners' bond. See " Salvage," p. 205. Both to blame. See " Collision." division of damages, cargo-owners. See "Cargo Claims," p. 38. Bottomry, cargo's liability : Held unanimously, affirming the deci- sion of Sir E. Phillimore, that where a captain having completed the repairs to his vessel in a port of distress, and having received no replies from owners of ship or cargo, fearing detention, raises money to pay for repairs on bottomry of ship, freight and cargo (the lenders not being the repairers of the ship), the bond is valid and binds the cargo. The Karnak (Privy Coimcil, June 18, and July 15, 1869, Lord Eomilly, M. E., Sir "Wm. Erie, Sir James Colville, Sir Joseph Napier). foreign flag : Held unanimously, reversing the decision of Sir Eobert Phillimore, that whoever puts his goods on board a vessel must be taken to authorise the owner 24 INDEX TO MARITIME LAW DECISIONS. Bot. Bottomry — coitin iicd. of the vessel and his agent — the master — to deal with those goods according to tlie authority of the law of the country of the ship on board which they are placed ; and that consequently although a vessel he in course of voyage between British ports, if she put into a port of distress the master may be authorised, al- though contrary to the law of England, to give a bond over the cargo on board his vessel without prior notice to the cargo-owner. 77ie Gacttoio and Maria (Court of Appeal, May 11, 12, and 2G, 1882, Lord Coleridge, C. J., and Brett and Cotton, L. JJ.)- liability of owner of foreign ship — master's authority : Held unanimously, affirming the judgment of the Coiu't of Queen's Bench, that the authority of a master to })ind the owner of a ship is governed by its flag, and that therefore in the case of a French vessel the French law applies ; but an English Court will decide a case according to English law unless the foreign law governing the case is brought properly before the Court. Lloydy. Guihert (Exchequer, June 17, and Nov. 27, 18G5, Erie, C. J., Pollock, C.B., Martin, B., Willes and Keating, JJ., and Pigott, B.). master's authority — overcharges : Held unanimously (Fry, L. J., doubtful), affirming the decision of Butt, J., that the authority of a master to raise money on bot- tomry is limited as against the owners of cargo to such an amount as is necessary to enable the ship to com- plete her voyage in safety, and that holders of a bottomry bond, even although they were not the ship's agents, and had no interest in the repairs effected, and believed that the money was necessary, cannot recover the full amount of their bond where gross overcharges are proved to have been made in the accounts. The Pontida (Court of Appeal, July 2o and 28, 1884, Brett, M.P., and iJowen and Fry, JJ.). master's authority — interest after cessation of risk : The rate of interest ordinarily payable upon a bottomry loan after safe an-ival is 4 per cent, per annum, and, if the master of a ship enters into a bond providing for the payment of 10 per cent., the payment of such INDEX TO MARITIME LAW DECISIONS. 25 Bot. Bottomry — cont'ui ued. interest is not binding upon owners of sliip or cargo, provided the provision was entered into without their knowledge ; in other respects, however, the bond may be held to be valid. The D. H. Balls (Admiralty, June 25th, 1878, Sir E. Phillimore). master's authority — cargo owners to be consulted : Held unanimously, reversing the decision of the Supreme Court of the Island of Ceylon, and restoring a prior decision of the judge of the District Court of Galle, that where a vessel puts into a port of distress, and the captain having wired the shippers and received a tele- gram and letter asking for further particulars, does not further communicate with them, but proceeds to repair his ship and gives a bottomry bond over ship, freight, and cargo, such bottomry bond is invalid, as the receipt by owners of cargo of general information that the ship is damaged and in need of repairs, does not impose upon them the duty of supplying money for such repairs without f ui-ther information, and they are entitled to have such further information, and the option of themselves providing funds before a bottomry bond is entered into. Kleimcort v. Cassa Afaritima of Genoa (Privy Council, Jan. 18, 1877, Et. Hon. Lord Blackburn, Sir James Colville, Sir Barnes Peacock, Sir M. Smith, and Sir E. P. Collier). necessaries — foreign ship under bottomry putting into a foreign port — lien : Held, that where a foreign vessel under bottomry, having put into a foreign port on her passage home, has subsequently arrived at an English port and been arrested on the suit of the bottomry bondholder, the said bondholder has acquired a j^rimd facie right to the proceeds of the sale of the vessel, and the High Court of Admiralty has no jurisdiction over a claim in respect of necessaries supplied in the afore- said foreign port. A lien in respect of necessaries supplied to a ship is not transferred to a party who has paid off the parties who supplied the same. The India (Admiralty, March 26, 1863, Dr. Lushington). payment due on arrival of ship : Held, that an instru- 26 INDEX TO MAIUTIME LAW DECISIONS. Bot— Bre. Bottomry — contUixctl. ment ■svliereby a captain binds liimself and his sliip to j)ay a sum of money for goods supplied within "six days after my arrival," means after the ship's arrival, and is an instrument of bottomry. The Cecilie (Admi- ralty, March 11, 1879, Sir R. Phillimore). perils of the sea — underwriter's liability — cargo un- 5'ee " Light Dues." Buyer's risk, commencement of. See " Contract of Sale and Purchase." By authority of cai^tain. See " Bill of Lading," p. 21. Bye -laws, dock company exceeding powers of Act of Parliament. See " Dock Company's Bye-laws." obedience to, cause of damage. See ' ' Harbour Authorities." Eiver Tyne, enter north side. See " Collision," p. 61. 28 INDF.X TO MARITIME LAW DECISIONS. Cab — Cap. Cable, iusuraucc of — latent defect. See '* Seawortliiuess." Cables parting- — inevitable accident. See " Collision," p. 63. Calling at ports not on the wa}'. See " Deviation." Calls, liability of co-owners for. See " Mutual Insurance." non-payment, policy void without notice. See " Mutual Insurance." non-payment, policy void without notice, payment after advice of loss. See " Mutual Insurance." non-payment, plea of unstamped policy. See " Mutual Insurance." non-payment — settlements in account. See " Mutual In- surance." unpaid calls — premium. See " Necessaries." Canal frozen, cargo delayed. See "Lay Daj's," p. 139. Cancelling clause absolute in charter, freight recoverable. See " Chartered Freight." optional in charter, freight not recoverable. See " Chartered Freight." owner must inform his underwriter thereof. See " Chartered Freight." sea perils preventing vessel being ready to load. See " Chartered Freight." war cancellation clause. See " Charter Party," p. 53. Cancelling policy, witliout notice. See " Mutual Insurance." Capture and Seizure, its incidence. " Supposing there was an attempt at the seizure of a ship, and the enemy was to follow the ship, and the ship to escape seizure was to run aground or run ashore : the loss woiild be then caused by the attempt at seizure, and it would be within the excep- tion. I will suppose, again, that the enemy gave chase to the ship for the purpose of seizing her, and to avoid being seized she got into a bay where there was neither anchorage nor port, and the wind on shore, where, if INDEX TO MARITIME LAW DECISIONS. 29 Cap. Capture and Seizure— coi/timced. the wind coutinvied, it was plij'sically certain tliat she must be lost : I should say, that the shijD driven on shore by the wind under those circumstances was lost by the consequences of hostilities. The exception has reference to seizure and the consequences thereof, or of any attempt at seizure. I will assume that the enemy avoided the bay, and left the ship that had got into the bay. The ship was there, and if the wind changed she would get off ; if it did not change she was certain to go on shore, and the ship went ashore : that would be a loss by the consequences of an attempt at seizure, and would be within the exception. I will suj^pose a third ease, that is, that the wind did change, and that the ship got out of the bay and proceeded on her voyage, and afterwards, in the course of her voyage, was overtaken by a storm, which she would have avoided by having arrived at her port if she had not been obliged to deviate and delay by reason of the attempt at seizui'e. If she founders in the storm, there would bo then a loss, which never would have occurred if there had not been the attempt at seizure which I spoke of, but that loss would not be connected in that proximate relation with that which, in the ordinary coui'se of events, is necessary to connect the loss with what is called the cause of the loss. The ship going out of the bay and proceeding on her voyage, it is not a consequence, in the ordinary course of events, that, if a storm should overtake her, she would sink in the course of that storm ; yet I suppose, as a fact found in the case, that if she had not been obliged to deviate she would have been safe in port before the storm came on : then I should say, that although the con- sequence of the attempt at seizure was the cause without which the loss never would have happened, yet it is not the eificient cause, in the language of some of the judgments given in exceptions to insurance cases ; the one fact is too remote from the other, and then it would be a loss by peril of the sea. Take another instance : the warranty extends to loss from all the 30 INDEX TO MAKITIME LAW DECISIONS. Cap. Capture and Seizure — continued. consequences of hostilities. I will assume that the ship is destined for a port where there are two channels of entrance. In one of those channels a torpedo is laid down, in the other there is none. If the ship, coming into the port, knows nothing of the torjiedo, and is sunk and destroyed, then, of course, the consetpiences of hostilities lead directly to the destruction. The hos- tilities having induced the occupiers of the port to lay down the torpedo, if the ship struck on it in ignorance and was destroyed, it is the consequence of hostilities ; that is the proximate cause of the loss, and so is within the exception. Take the case of the captain of the ship being aware that the torpedo is there, and for the purpose of avoiding the torpedo that is in the channel he takes the other channel into the port at the mouth of the river, and from bad navigation in the other channel the ship rims aground and is lost. In my opinion, that would be a loss not within the excep- tion, because many ships would pass up the other channel, and such ships through good navigation coidd pass up safely. Therefore the ship taking to the other channel and being lost there, her loss would not be connected proximately with the consequence of hos- tilities, namely, the torpedo." (Judgment of Erie, C. J., in loiiides v. The Universal May-ine Ins. Co.) consequences of hostilities — lights extinguished — salvage prevented : Held unanimously, that where a vessel and cargo insured subject to the usual capture clause be- comes a total loss, the master being out of his reckon- ing, and the light on a certain point for which he was making having been extinguished in consequence of hostilities, the hostilities are too'remote a cause of the loss to relieve underwriters from their liability. Held, liowever, also unanimouslj^, that if a certain j)ortion of the cargo be saved by one of the belligerents and appropriated by them, and if a further portion of the cargo could have been saved before the vessel broke up but for the hostilities,^underwriter3 are not liable for the loss of one or the other of such portions of INDEX TO MAKITIME LAW DECISIOKS. 31 Cap. Capture and Seizure — continued. cargo. lonides v. The Universal Marine Instirance Co. (Common. Bench, April 28 and 30, and May 1 and 2, 1863, Erie, C. J., and Willes, Byles and Keating, JJ.). plundering by natives : Held, tliat the "warranty in a jiolicy of marine insurance "free from capture and seizure and the consequences of any attempt thereat," covers the case of a vessel temporarily seized by natives after grounding in a river in Africa, although the jury who tried the case had found that the vessel was seized to plunder the cargo and not for the purpose of keeping her, and that consequently, although the vessel became a constructive total loss by reason of the damages inflicted upon her by the natives, the underwriters were not liable, being protected by the capture clause. Johnston v. Hoc/g (Queen's Bench, March 3 and 21, 1883, Cave, J.), smuggling abroad : Held unanimously, afiirming the decision of Lord Coleridge, C. J., Brett and Cotton, L. JJ., and a prior decision of Field and Cave, JJ., that a warranty "free from capture and seizure" in a policy of marine insurance applies not only to cap- ture or seizure by belligerents, but to any seizure, even if it be the result of a barratrous act of the master, such as engaging in smuggling abroad without the consent of his owners. Cory v. Burr (House of Lords, April 27 and 30, 1883, Lord Chancellor Selborne, Lords Blackburn, BramweU and Fitzgerald). Note from judgment of Field and Cave, JJ., referred to above : — " "Where in a policy of insurance covering barratry of master, &c., the underwriter warrants himself free from capture and seizure, a capture or seizure of the vessel consequent upon a barratrous act of the master comes within the said warranty, and the underwriter is not liable for loss. The true mode of construing the policy being to read the two clauses together, and then it will stand thus : ' assurer liable for loss by barratry except such barratry as ends in or causes capture or seizure.' To render the underwriter liable it must be shown that the assured could not have 32 INDEX TO MAKITIME LAW DECISIONS. Cap — Car Capture and Seizure — contimtcd. recovered upon a policy against loss Ly seizure by reason of the barratrous conduct of the master. " If a loss be directly caused by seizure, it is not the less imputable to the excepted peril, because it might remotely have been due to the barratrous act." Cardiff Drain, duty to keep on starboard side. See " Collision," p. 58. Careless arrest of ship. See " Arrest of Ship." Cargo, abandoned vessel brought into port — no freight due. See " Abandonment." abandoned vessel, crew -wishing to return — freight due. See "Abandonment." arrival before effecting of insurance. See " Premium." bottomry. /See "Bottomry." bottomry — cargo owners to be consulted. See " Bot- tomry." bottomry — foreign vessel. See " Bottomry. bottomry — no sea peril. >S'ee "Bottomry." bottomry — no advices fi'om owners of cargo. See " Bot- tomry." brought alongside at ship's risk. See " Charter-party," p. 52. commencement of risk. See "At and From," and p. 92. contribution to salvage — bond. See " Salvage," i). 205. damaged, shipowners insisting upon re-shipment of. See " Discharge of Cargo." damaged, cargo-owners asking delivery at intermediate port. *S'ee ^^ Pro-rata Freight." delayed through canal being frozen. See " Lay Days," p. 139. delayed through river being frozen. See " Lay Days," p. 137. delivery at intermediate port. See " Pro-rata Freight." deb very to holder of one part of bill of lading. See "Bill of Lading," p. 17. delivery to port of destination — freight underwriter. See " Sue and Labour Clause." Refer p. 47. INDEX TO MARITIME LAW DECISIONS. 33 Car. Cargo — con tbmcd. discharged and sold at port of distress. See " Pro-raid Freight." expenses of discharging. See " Port of Distress." expenses of re-loading. See "Port of Distress." expenses of warehousing. See " Port of Distress." flat and cargo raised by flat owner. See " Salvage,'' p. 201. Refer ^. 150. floating the ship — ship floating on her cargo. See "Stranded, Sunk, or Burnt." last on board liable for demurrage. See "Lay Days," p. 134. lien on, for removal of wreck. See " Limitation of Lia- bility." i?^/e/-p. 201. mixed and undistinguishable by perils of the seas. See " Total Loss." not ready — promj^t dispatch. See " Lay Days," p. 140. not total loss if might have been saved. See " Wreck." on deck at shipper's risk — jettison. See " General Average," " Deck Cargo." on ship's account, mortgagee's right to freight. See " Mortgage." Refer next page. part delivered. See " Stoppage in Transit." part jettisoned and sold. See " Freight, Lump- sum." part laden before commencement of risk. See "At and From." Refer p. 92. partially destroyed — freight. See " Freight Advanced." refusing to contribute to average — unseaworthiness. See " Seaworthiness." renewal of, after forced discharge : Held, that when a cargo has been shipped and the voyage is delayed and discharge rendered necessary through accident (colli- sion, other vessel to blame), and the owners of the vessel exercise their lien on cargo for freight, and refuse to ship a fresh cargo except on fresh terms as to freight, &c., the cargo-owner is bound to make in- quiry as to the said terms, so r.s to minimise as far as possible the loss at port of discharge. The Blenheim D. D 34 I2?DEX TO MAlllTIME LAW DECISIONS. Car. Cargo — continurd. (Admiralty Division, June 7 and August 4, 1885, Sir James Hanuen). Refer pp. IOC, 123. sale and purchase of. See " Contract of Sale and Pur- chase " ; " Acceptance in exchange for documents." sale of condemned vessel. See "Constructive Total Loss." Refer p. 3. salvage of unseaworthy vessel. See " Salvage," p. 204. salved and sold at port of distress. See '■^ Pro rata Freight." Refer pp. 3, 239. saved, vessel lost, lien for expenses. See " Salvage," p. 199. saved, vessel lost, life salvage. See " Salvage," p. 201. shipped "without bill of lading — general ship. See "Lien." ship's account — collision : Held, that in case of total loss Ly collision a shipowner who has cargo of his own on hoard is entitled to recover in lieu of freight what would have been the enhanced value of the cargo at its destination, less the expense of earning that enhanced value. The Thyatira (Admiralty, July 30th, 1883, Sir James Hannen). sold at port of distress, right to and risk of proceeds. See " Total Loss." sold at port of distress — freight. See "Freight, Lump sum." sold for freight. See " Bill of Lading," p. 19. sold free on board. See " Stoppage in Transit." sold to arrive — transfer of interest — j)olicies. Sec " Sale of Cargo." to and from alongside, lighterage. See " Charter-party," pp. 52, 54. towage master's agreement, cargo's proportion. See ' ' Sal- vage," pp. 205, 206, and p. 122. unfit for shipment. See " General Average." unlawful stowage of. See "Master's Agency," and p. 103. used for fuel. See " General Average." value at shijiment. See " General Average." water pumped on, to extinguish fire. See " General Average," and p. 114. INDEX TO MARITIME LAW DECTSIOXS. 35 Car. Cargo Boat, passenger accommocTation destroyed "by perils of tlie seas. See "Damages not repaired." Carg-o or Ballast Ship, Mersey Acts. See " Harbour Authorities." Cargo Claims, act of God : Held unanimously, reversing the decision of the Common Pleas (Brett and Denman, JJ.), that a loss occasioned by the act of God is a loss arising from and occasioned by the agency of nature, which cannot be successfully guarded against by the ordinary exer- tions of human skill and prudence. Where a mare died at sea, and a jury found the loss to have been caused partly by excessive bad weather and partly by the fright and struggling of the mare, and that there was no negligence on the part of the owners : held, that upon the finding of the jury the shipowner was not liable. Nugent v. Smith (Court of Appeal, Jan. 24, and May 29, 187G ; Cockburn, C. J., James and Mel- lish, L. JJ., Mellor, J., and Cleasby, 13.). barratry — negligence — bill of lading : Held unanimously, affirming the decision of the Court of Common Pleas (Erie, C. J., Willes, M. Smith, and Keating, JJ.), that where a collision has been brought about by the " wil- ful default" of those in charge of a steamship, the words " wilful default " in the Act of Parliament did not make the act wilful for all purposes, whereas to constitute barratry there must be an unlawful act wil- fully done. Held, also, that a loss by collision brought about by negligence of those on board a vessel is not a loss by " dangers and accidents of the seas or navi' .gation " within the meaning of the bill of lading clause ■excepting same. Grill v. 'The General Iron Screw Collier Co., Limited (Excher^uer, May 12, 18G8, Kelly, C. P., Bramwell, B,, Blackbux'n and Hannen, JJ., Channell, B.). bill of lading exceptions : Held unanimously, reversing the decision of the Eirst Division of the Court of Ses' sion (Lord President Inglis, and Lords Deas, Mure, D 2 36 INDEX TO MAUlXniE LAW DECISIONS. Car. Cargo Claims— cu/iiiiiuc(L and Shaud), that, altliougli a bill of lading except '• perils of the seas, however caused; damage or injury, however caused, &c.," it is nevertheless incumbent iipon the shipowner to provide a ship fit for the pur- pose of conveying the goods ; and if it be proved that the vessel was not seaworthy and fit to carry goods in safety, the shipowner must be held to be liable for the damage if damage result. Sieel v. State Line SS. Co. (House of Lords, July 19 and 20, 1877; Lord Chancellor Cairns, Lords O'llagan, Selborne, Black- burn, and Gordon). bill of lading excepting negligence : Held unanimously, varj-iug the decision of Pollock, B., and Manisty and Stephen, JJ., that where a bill of lading clearly states that the shipowner is not to be responsible for negli- gence of masters or mariners, and a collision takes place between two vessels owned by the same owners, and both vessels are found to blame, the intention of the parties being that the stipulation in the bill of lading is to apply to the carrying vessel only, the owners, as owners of the non-carrying vessel, are liable for one-half of the loss, but not for the loss occa- sioned by the carrying vessel, and specially excepted in the bill of lading. 21ie Chartered Mercantile Bank of India v. I'/ie Nedcrlands India Steam Navigation Co., Zi'mzVe^/ (Court of Appeal, Nov. 10, 11, 13, 14, 15, 1882, and Jan. 17, 1883; Baggallay, Brett, and Lind- ley, L. JJ.). Refer pp. 50, 58, 59, 149. carrying damaged cargo to earn full freight. See ''Pro raid Freight." cattle free of mortality or jettison — seaworthiness: Held, confirming the decision of Bovill, C. J., that a clause in a bill of lading in respect of cattle containing the following, amongst other exceptions : " Ship free in case of mortality. The owners will not be liable for any loss occurring from suft'ocation or other causes. The ship not liable for accident, injury, mortality, or jettison," does not cover negligence or unseaworthiness on the part of the ship or owners ; and that where a INDEX TO MARITIME LAW DEClSIOiNS. 37 Car. Cargo Claims — continued. vessel proceeds to sea insufficiently ballasted, and falls over on her beam ends, necessitating tlie jettison of some of the cattle, and causing the suffocation of others, the owners are liable for the loss. Lcuw v. Dudgeon (Common Pleas, Nov. 5, 1867, Willes and Byles, JJ.). collision not a peril of the sea. "Now in construing a pohcy of insurance, it is the causa proxima which is looked at ; but in the case of a bill of lading that is not so, for there you look at what is the real moving cause of the loss The moment it is shown that the real moving cause of the loss was the shipowner's negligence, then that is a loss by a cause which is not within the excepted perils. Now, suppose that the real moving cause of the loss is not one of the excepted perils, but is the result of the negligence of some one other than the defendant, does the same reasoning apply ? You are to take the real moving cause of the loss. If you are to accept the reasoning in the first case, j-ou must accept it in this also. There is no exception in the bill of lading of a loss caused by the negligence of any one other than the defendant I hold, therefore, that there are three classes of collisions in which the loss cannot be said to be the result of an excepted peril, viz., where there has been negligence on the part of the carrying ship ; where the colKsion has solely been the result of the negligence of another vessel ; and where the collision has been the result of the joint neghgence of both vessels." Judg- ment of Lord Esher, M. E., in The Xanthe (Court of Appeal, June 7 and 8, 1886). liefer p. 50. collision not a peril of the sea: Held unanimously, reversing the decision of Hawkins, J., that in a case of collision which a jury has found was caused by the starboarding of the helm of one of the vessels, which starboarding they found was not, however, a negligent act of those on board, the jm-y not expressing any opinion as to the manoeuvring of the other vessel, the holders of a bill of lading for goods shipped on board the first-named vessel, which excepted only perils 38 INDEX TO MARITIME LAW DECISIONS, Car. Cargo Clsiims— continued. of the sea, are eutitled to recover tlie value of the cargo shipped and uoa-delivered, such collision not Leiug covered by the exception before-mentioned ; the finding of the jury being only capable of justification on the ground that the last-named was at fault, and that the fii'st-named "was jilaced in such peril by her reckless navigation as to excuse them from obedience to rules. WorcUeij ^ Co. v. Michell Sf Co. (Court of Appeal, March I, 1883, Brett, Cotton, and Bowen, L. JJ.). collision not a peril of the sea. Sec " Collision," p. 69. collision — both vessels to blame : Held, that the rule that in cases of collision vrhen both vessels are to blame, the damages are to be equally divided, does not apply to actions by owners of cargo for breach of contract of carriage, to recover damages for loss or injury to their goods, and that the plaintifi's in such actions are entitled to recover from the owners of the carrying ship. Burness &,' Sons v. Tlie Persian Gulf Stcamshij) Co., Limited (Admiralty, March 24, 1885, Butt, J.). collision — both vessels to blame : Held, that the owners of cargo on board a wrong-doing vessel, provided they are neither owners nor part-owners therein, both vessels having been found to blame, can recover from the owners of the other vessel one-half of their loss by the collision, and have, equally with the damaged vessel, a distinct and separate remedy, either in rem or in jjersonam, against the vessel doing the damage. The Milan (Admiralty, Dec. 3 and 17, 185G, Dr. Lush- ington). collision — negligence : Held unanimously, that where a vessel, as a consequence of tlie negligence, mismanage- ment, and improper conduct of those on board, comes into collision with another vessel and is, as a conse- quence, lost, this casualty is not an " accident or danger of the sea," and consequently not excepted in the bill of lading, and the shipowner is liable to the cargo-owner for the amount of the loss sustained by him. Lloyd y. General Iron Screw Collier Co., Limited INDEX TO MARITIME LAW DECISIOlsS. 39 Car. Cargo Claims — contbuwd. (Exchequer, May 30, 1864, Pollock, C.B., Martin, Bramwell, and Channell, BB.). contract of carriage. See " Seawortliiness." damage by rats : Held unanimously, affirming the deci- sion of Keating, J., that -svhere a cargo is delivered damaged by rats, notwithstanding that the shipowner has taken every precaution to keep his vessel clear of vermin, the exceptions in the bill of lading not covering such damage, the shipowner is liable for same. Kay v. Wheeler (Exchequer, Feb. 4, 1867, Kelly, C. B., Channell, B., Mellor, J., Pigott, B., and Lush, J.). damage by rats : Held, that where cargo is eaten and damaged by rats, there being no exception covering same in the bills of lading, such damage is not a peril of the sea ; and as it is not a thing against which it is impossible to guard, the shipowner is liable to make good the damage. The Carlotta, Bliss v. Gorney (Southern District Court of New York, June, 1877, judgment of Blatehford, J.), damage by rats : Held unanimously, reversing the deci- sion of the Court of Appeal (Brett, M. E., Bowen and Fry, L. JJ.), and restoring a prior decision of Lopes, J., that where a cargo is damaged in consequence of rats eating through a leaden pipe and so allowing sea- water to enter, that is a clanger, accident or peril within the contemplation of both parties to a contract of affreightment ; it is clearly not any less such a peril or accident because the hole through which the sea came was made by vermin from within the vessel, and not by a sword-fish from without. Hamilton, Fraser ^' Co. V. Pandorf ^- Co. (House of Lords, July 14, 1887, Lord Chancellor, Lords Hei;schell, AVatson, Bramwell, Fitzgerald, and Macnaughten). damages for late delivery of goods : Held unanimously, affirming the decision of Sir James Hannen, that owners of cargo in a colHsion action cannot recover as damages loss occasioned by the late delivery of their goods ; the loss being too remote in view of the uncertainty of the diu-ation of a sea voyage. The 40 INDEX TO T^IAlllTIME LAW DECISIONS. Car. Cargo Claims— co»fi into?. Kottlng Hill (Court of Appeal, August 3, 1883, and April 30, 1884, Brett, M. E., and Bowen and Fry, L. JJ.). ru'fer also p. 42. defect in shaft — warranty of seaworthiness. See " Sea- worthiness." liefer J). 153. detention of perishable goods : Held, that where a steam- ship having perishable goods on board, not usually insurable against detention, comes into collision on leaving port of loading with another vessel, and is arrested for excessive bail, which owners refuse to pay, and the vessel is in consequence detained, the owners must exercise all duo dispatch in forwarding the cargo to its destination, or they will be held liable for the damage and deterioration it sustains in conse- quence of the delay. Gretv, Widgery ^' Co. v. Great Western SS. Co., Limited (Queen's Bench, Feb. 21, 1887, A. L. Smith, J., and a special jury). deviation — liberty to call at any ports in any order : Held, that a general steamer which accepts cargo in the Mediterranean as bound for Dunkirk, with liberty to call at any ports in any order, cannot, without a breach of contract, proceed to Glasgow before proceeding to Dunkirk, the clause as to " liberty to call" refers only to ports fairly on the route from the Mediterranean to Dunkirk. Leduc &;• Co. v. Ward and others (Queen's Beucli, Juno 29, 1886, Denman, J.). deviation — saving property and not life : Held unani- mousl}', afHrming the decision of Lindley, J., that where a steamer deviates from her voyage in order to assist a vessel in distress, beyond what is required to save life, and is lost during such deviation, and the loss is attributable to such deviation, the owners of the cargo can recover from the shipowner the value of the cargo, unless the right to tow vessels is expressly stipulated for in the contract between the shipowner and the owners of cargo. Scaramanga v. Stamp and Gordon (Court of Appeal, Dec. 16, 1879, and April 29, 1880, Cockburn, C. J., and Bramwell, Brett and Cotton, L.J J.). lie/er-p. 105. freight advanced: Held, that where according to char- INDEX TO MARITIME LAW DECISIONS. 41 Car. Cargo Claims — con tinned. tei'-party a proportion of freight is payable one month after sailing, and the vessel is cast ashore through the negligence of those on board, the charterers can re- cover from the owners of the ship the freight so paid in advance and premium of insurance thereupon, in addition to the prime cost of the cargo. The Great Liclian Pe7iinstda Railivay v. Turnhull (Queen's Bench, June 25, 1885, Denman, J.). general ship — shippers without knowledge of any charter : Held, that where a master puts his ship on the berth as a general ship, and the shippers have no knowledge of the existence of a charter-party, the contract in the bill of lading is between the shippers and the owner, and not the shippers and the charterer, &c., and the indorsee of such bill of lading has a right of action against the owners of the ship for damage to his goods. The Figlia Maggiore (Admiralty, Feb. 26 and April 21, 1868, SirE. Phillimore). Refer p. 144. improperly fastened port. See "Indemnity Association " ; " Seaworthiness." imj)roper stowage — not accountable for leakage : Held imanimously, reversing the decision of Dr. Lushingtou, that where goods are improperly stowed in a vessel in proximity to other goods, by the heating of which they become damaged or destroyed, and it is proved that neither the shipper nor shipowner was aware that it was dangerous to stow them together, if the shipowners are ignorant of the consequences of taking such a cargo, it cannot amount to culpable negligence on their part to stow in the only place they could be stowed the goods which the charterers tendered to form part of the cargo. In the absence of proved negligence the words " not accountable for leakage" cover all leaking, whether ordinary leaking or very much in excess thereof. The Helene; Ohrlof r. Briscoll (Piivj Council, Aug. 4, 1866, Lord Chelmsford, Knight-Bruce and Turner, L. JJ., Sir J. T. Coleridge, and SirE. V. WilHams). Refer p. 43. improper stowage — neglect of shipowner's servants: Held, that whenever goods shipped on board a vessel 42 INDEX TO MARITIME LAW DECISIONS. Car. Cargo Cla.ims—co)if'uiiied. liavo received damage tlirougli tlie neglect or mis- conduct of those on board tlie vessel tlie shipowner is 2)rimd facie responsible to the cargo-owner. The St. Cloud (Admiralty, July 26, Nov. 28, 1862, and Jan. 13, 1863, Dr. Lushington). interrogatories and answers. See " Interrogatories." liability of shipowner on mate's receipts : Held unani- mously, that the liability of a shipowner for goods, for which the mate of the ship has given a receipt, com- mences from the time of delivery to the servants of the owner, although there is no proof that the goods were over put on board the vessel, and there is evidence that the hatches were never off during the passage from loading port to port of discharge, and that the missing goods were not on board on arrival at the latter port. T/ie British Columbia Saiu 3fill Co. v. Nettleship (Common Pleas, April 21, 1868, Bovill, C. J., Byles, Keating, and M. Smith, JJ.). Refer pp. 20, 53, 216. loading and sailing — warranty of seaworthiness : Held unanimously, that the warranty of seaworthiness im- plied in a charter-party attaches at the time of the ship's sailing, and is not exhausted on the ship's pro- ceeding in a seaworthy condition to her loading berth ; that consequently if a vessel be damaged in her loading berth, so as to make her unseaworthy, and afterwards proceeds to sea and founders, the cargo-owner is entitled to recover the value of the cargo from the shipowner. Colin v. Davidson (Queen's Bench, Jan. 11, 18, and Feb. 9, 1877, Mellor, Lush, and Field, JJ.). loss of market — damages, basis of assessment: "The principle is now settled that Avhenever either the object of the sender is specially brought to the notice of the carrier, or circumstances are known from which the object ought in reason to bo inferred, so that the object may be taken to have been Avithin the contem- plation of both parties, damages may be recovered for the natural consequence of the failure of that object." Judgment of Sir E. Phillimore in The Parana, approved by Mellish, L. J., on appeal. INDEX TO MARITIME LAW DECISIONS. 43 Car. Cargo Claims — continued. "Damages for breach of contract must be such as may fairly and reasonably be considered as arising naturally, i.e., according to the usual course of things — from such breach of contract itself, or such as may be reasonably supposed to have been in the contem- plation of both parties at the time they made the con- tract as the probable result of the breach of it." Judgment of Lord Chief Baron in Home v. Midland Raihcay Co. " Goods imported by sea may be, and are, every day sold whilst they are at sea The sale of goods to arrive on transfer of bills of lading, with costs, bills and insurances, is a common mercantile contract made every day If a man purchases goods whilst at sea, no person can say for what purpose he purchases them Therefore it seems to me that to give these damages would be to give speculative damages — to give damages when we cannot be certain that the plaintiff would not just as much have suffered if the goods had arrived in time ; and I think, according to the principles on which the Courts have acted in all speculative and uncertain cases of this kind, that damages ought not to be recovered." Judgment of Mellish, L. J., in The Parana. loss of market : Held unanimously, reversing the decision of Sir Eobert Phillimore, that where through the negh- gence of the shipowner goods carried by him are not delivered within a reasonable time, the cargo-owner or assignee of bill of lading is not entitled to recover as damages the difference between the market value when the goods ought to have arrived and that when they did actually arrive, the measure of damage re- coverable in such cases is interest at the ordinary com- mercial rate on the value of the goods for the period of the delay in delivery. The Parana (Court of Appeal, March 9 and 27, 1877, James, MelKsh, and Baggallay, L.JJ.). i?f/c?' pp. 16, 39. master's letters to owners. See " Evidence." not accountable for leakage : Held, that the clause "not 44 INDEX TO MARITIME LAW DECISIONS. Car. Cargo Claims — co>ithiiird. accouutaLle for leakage " iu a bill of lading exempts tlie shipowucr only from loss to tlie leaky package, not from damage done to other packages by the liquid escaping. Thrift v. Youle (Common Pleas, Feb. G, 1876, Grove and Denman, JJ.). liefer p. 41. presumptive negligence : Held unanimously, that the Coiu't will not set aside the finding of a jury that goods -^ere damaged by the negligence of persons on board the ship, as a finding against the weight of evi- dence, where a number of facts are in evidence which together support the presumption that the goods were so damaged, as where bales of fine goods are found spotted with grease and dirt after delivery by a lighter- man, who had not noticed such spots when the goods were delivered to him by the ship, it being proved, however, that two donkey engines using oil and giving off steam were at work in the neighbourhood of the goods when they were being discharged. Czech v. General Steam Navi(/atlon Co. (Common Pleas, Nov. 9, 1867, Bovill, C. J., AVilles, Byles, and Keating, JJ.). proceeding in a damaged state : Held, affirming the decision of the City of London Court, that if a vessel after she has started on her voyage, strand and receive damage, it is the duty of the master to take steps to have the damage repaired before proceeding on the voyage, and if he proceed without repairs, and with his decks and waterways admitting water, and the cargo becomes as a consequence damaged, his owners are liable to make good such damage. The Rona (Admi- ralty, May 5, 1884, Sir James Hannen and Field, J., assisted by Trinity Masters), liefer p. 42. re-stowage : Held, reversing the decision of a consular court, that the re-stowage of a cargo in order to trim vessel, after discharge of part cargo, is an act of "management or navigation," and as the bills of lading specially except any act, neglect, or default whatsoever of pilot, master, or crew, damage to cargo resulting from such re-stowage does not entitle the owners to recover from the shipowner, llic Paumhen (Shanghai INDEX TO MARITIME LAW DECISIONS. 45 Car. Cargo Claims — continued. Supreme Court, Jan. 29, 1887, Sir E. J. Eennie, Kt., C. J.), salt-water damage to cargo : Held, that damage to cargo by salt water does not come within the excepted perils when by reason of the place or manner in which it is stowed it is exceptionally liable to such damage in severe weather ; as, for instance, when insufficient dunnage is provided or cargo stowed under the floor of the forepeak underneath a scuttle on deck frecj^uently opened on the passage. 21ie Sqtiando (Admiralty, Jan. 25, 26, 28, 29 and 30, 1878, Sir E. Phillimore). salvage expenses by cargo underwriters : Held, affirming the decision of Huddleston, B., that where owing to negligent navigation a ship is cast ashore and her cargo thereby suffers damage and loss, money paid by underwriters on cargo to a salvage association, who are employed with the consent of the owners, for saving a portion of the cargo, is not a voluntary payment, and is recoverable by the cargo-owners from the ship- owners, being money paid to avert a loss which would have fallen upon shipowners if the cargo had not been salved and sent on to its destination. Scaramanga and others v. Martin, Marquand ^- Co. (Court of Appeal, Nov. 30, 1885, Lord Esher, M. E., and Cotton and Bowen, L. JJ.)- ship action discontinued. See "Collision," p. 71. stowage — dunnage— seaworthiness : Held, that the war- ranty as to seaworthiness in a bill of lading is that the vessel is seaworthy at the time, and reasonably likely to continue seaworthy on the intended voyage. If from peculiarities of construction she recxuires that special precautions be taken to preserve the cargo from sea damage, the owner is bound to take those precau- tions as well as to provide sufficient dunnage. The Marathon (Admiralty, Jan. 31, Feb. 1, 3, 5, and 11, 1879, Sir E. Philhmore and Trinity Masters), weight, contents, and value unknown: Held unani- mously, affirming the decision of Sir E. Phillimore, that a master of a vessel when he signs a bill of lading 46 INDEX TO MARITIME LAW DECISIONS. Car.— Cha. Cargo Claims — continued. stating that certain goods were "sliipped in good order and condition," certifies that as far as can be seen externally the goods are then shipped in good condition, and the addition of the words "weight, contents, and value unknown," does not affect this ; but if the goods arrived damaged externally and inter- nally, the onus lies upon the shipowner to excuse himself from the damage. The Peter tier Grosse (Court of Appeal, March 1, 1876; James and Hel- lish, L. JJ., BaggaUay, J. A.). Carrier agent of consignee. See " Stoppage in Transit." Cause of loss, proximate and remote. See "Cargo Claims," p. 37; "Seaworthiness." liefer pp. 26, 29. Cattle dying, partly from fright, partly bad weather. See " Cargo Claims," p. 35. free of mortality or jettison — unseaworthiness. See " Cargo Claims," p. 36. infected with disease on board ship. See "Bill of Lad- ing," p. 20. on deck — jettison. See "Deck Cargo." Causa proxima. See " Bottomry," p. 25. „ "Cargo Claims," p. 37. „ " Seaworthiness," p. 213. Refer p. 29. Certificate improperly suspended. See " Board of Trade Inquiry." of discharge refused— coasting trade. See "Seaman's Discharge Note. " Cessation of charterer's liability— lien on cargo. See " Charter- party," p. 49. Chain Cables and Anchors, sale under Acts 1864 to 1874 — test: Held, that under these Acts every contract for the sale of a chain cable implies a warranty on the part of the seller that the INDEX TO MARITIME LAW DECISIONS. 47 Cha. Chain Cables and Anchors—conthuicd. same has been duly tested and stamped, wlietlier the chain be for use on board a British vessel or not. Hall V. Billingham and Sons (Queen's Bench, Nov. 26, 1885, Mathew and Smith, JJ.). Change of owner — commencement of risk. See " At and From." Changing pilots — anchoring before docking. See "Compulsory Pilotage." Charter-party, all other conditions per. >S'ee " Lay Days," p. 134. Fiefer p. 49. as near thereto as she may safely get : Held unanimously, that where the master of a vessel has proceeded to a wharf with his vessel and loaded cargo, he cannot, after finding that his vessel draws too much water to cross the bar, return to the jetty, discharge part cargo, and demand to have the same lightered to a place where he can load and proceed after loading ; the charterer ' having had the cargo placed on board, has completed his duty. General Steam Navigation Co. v. Slijjper (Com- mon Bench, Jan. 20, 1857, Erie, C. J., Williams, Willis, and Keating, JJ.). as near thereto as she may safely get : Held unanimously, affirming the decision of the Queen's Bench Division (Mellor and Quain, JJ., Cockburn, C. J., dissenting as to pro rata freight), that where a shipowner has char- tered his vessel to carry a cargo of railway iron to Taganrog, or so near thereto, &c., and the captain on arrival at Kertch (220 miles from Tagam-og) in the month of December, finding that he cannot reach Taganrog till the succeeding April, discharges his cargo into the hands of the customs authorities at Kertch, in spite of telegraphic protests from receivers of cargo at Taganrog, the shipowner has no claim for freight, either under the charter or ^jro rata itmeris. The delivery at Kertch is not a delivery under the charter-party, the word "there" or "at the time of the ship's arrival," or some other expression to the 48 INDEX TO MARITIME LAW DECISIONS. Cha. Charter-party — conthincd. like effect, cannot be incorporated into or read into tlie charter-part}' so as to qualify tlie words so near there- unto, &c. The captain having discharged the cargo, the consignees had the right to come and take posses- sion thereof. Jlefcalfv. Britannia Iromvorks Co. (Court of Appeal, April 27, 1877, Lord Coleridge, C. J., Bram- well and Brett, L.JJ.). as near thereto as she can safely get : Held unanimously, aflirming the decision of Grove, J., that if a vessel he ordered to a port which she cannot reach without lightering, the proper course to pursue is to proceed as near thereto as she can safely get, and there lighter sufficient to enable the vessel to proceed to the port of discharge ; and if the charter contains a clause that cargo is to be brought to and taken from alongside, the merchant must pay the cost of lightering, and no custom of the port of discharge to the contrary effect can relieve him of this liability. JIayton v. Irwin (Court of Appeal, Dec. 3, 1879, Bramwell, Brett, and Cotton, L. JJ.). Refer pp. 53, 136. as near thereto as she can safely get : Held, that where a charter-party contains a clause to discharge at a safe port or as near thereunto as she can safely get, the bills of lading have not the effect of altering the con- tract so made ; and if the bills of lading designate a port to which the vessel cannot safely get without dis- charging a third of her cargo, the master is justified, in the absence of any one representing owners of cargo, in considering the voyage at an end at the point nearest to the port named in the bills of lading where the vessel can safely get, and if he after lightening sufficient cargo have his vessel towed to the port, the Court will, never- theless, allow the owners the cost of lighterage of the whole cargo. Capper ^ Co. v. Wallace Bros. (Queen's Bench, Feb. 20 and 24, 1880, Lush and Manisty, JJ.). bill of lading at less freight. See " Freight ; " " BiU of Lading," p. 18. cancelling clause — free of pratique : Held unanimously, upholding the decision of Hawkins, J., that in the case INDEX TO MAHITIME LA.W DECISIONS. 49 Cha. Charter-party — continued. of a charter-party containing an option in charterer's favour of cancelling the charter, unless the vessel be at a certain port " free of pratique " by a certain date, where the vessel has arrived at the said port prior to the required date, but could not be made free of pratique in consequence of the state of the weather precluding all communication with the shore, the charterer is entitled to exercise his option of cancelling, as the excepted perils clause could not be read into the clause as to cancelling. Smith v. Dent and Son (Queen's Bench, Nov. 27, 28, 1884, Lord Coleridge, C. J., and Mathew and Smith, JJ.). Refei- p. 53. cargo sold free on board purchaser's ship. See "Stoppage in Transit." cesser clause : Held unanimously, affirming the decision of the Queen's Bench (Mellor and Quain, JJ.), that where a charter-party gives a master of a ship a lien on cargo for freight and demurrage, and states further ''all liability of charterers to cease as soon as the cargo is on board," the master cannot, after parting with his lien, bring an action for demurrage against the char- terers. Sanguinette v. The Pacific S. N. Co. (Court of Appeal, Dec. 1, 187G, Mellish, L.J.,BrettandAmiDhIett, JJ. A.). cesser clause : Held unanimously, affirming the decision of Pollock, B., and Lopes, J., that the clause in a bill of lading, " all other conditions as per charter-party," means such conditions only as are consistent with the bill of lading, which is a contract quite distinct from that of the charter-party ; that, therefore, a clause in the charter party, to the effect that charterer's liability is to cease on shipment of cargo, owners to have a lien thereupon for freight and demiirrage, being inconsistent with the bill of lading, is not incorporated therein by such a clause. Gullichsen v. Stewart Bros. (Court of Appeal, Jan. 30, 31, 1884, Lord Coleridge, C. J., Brett, M. E., and Bowen, L. J.). class withdrawn after charter effected : Held unanimously, affirming the decision of Denmau, J., that where a D. ■ E 60 INDEX TO ^[ARITIME LA^V DECISIONS. Cha. Charter-party — continued. vessel described in a cliarter-party as classed in a certain way has her class withdrawn before the loading of the cargo has commenced, it is not competent to the charterers to refuse to load her on that account, even althougli the withdrawal of the class may involve them in a serious loss in increased premium of insurance, the warranty being simply that she was so classed at the time the contract of affreightment was entered into, and not that she would continue to be so classed, or was rightfully so classed. French v. Neivgass (Court of Appeal, Feb. 8, 1878, Bramwell, Brett, and Cotton, L. JJ.). "dangers of navigation": Held unanimously, confirm- ing the decision of Grantham, J., at Liverpool Assizes, that the clause, " dangers of navigation," inserted in a charter-party, includes damage clone by another ship or vessel through its careless navigation, which is not covered by the clause excepting "perils of the seas" simply. The Garston Ship Co. v. Ilichie and others (Court of Appeal, Oct. 28, 188G, before Lord Esher, M. E., Lindley and Lopes, L. JJ.). di'aught of water : Held unanimously, upholding the decision of Dr. Lushington, that a guarantee in a charter-party that a vessel will carry a stated number of tons on a stated draught of water, applies to draught in fresh as well as salt water. The Nortcai/ (Privy Council, July 20, 1865, Eight lion. Knight-Bruce, J. T. Coleridge and E. Y. AVilliams, L. JJ.). final sailing from last port : Held unanimously, affirming the decision of Lopes, J., that where in a charter- party it is stipulated that certain freight is to become due and payable within eight days " from final sailing of the vessel from her last port in United Kingdom," it is a " final sailing" within the meaning of the clause if a vessel leave Penarth Dock and is towed seven or eight miles, and the weather being threatening is anchored, even although slio subsequently part her cables, and is di'iven back to Penarth Beach, having never left the port of Cardiff as defined in the Gazette INDEX TO MARITIME LAW DECISIONS. 51 Cha. 'Charter-party — contbiuyl. for fiscal purposes, alfhough in the ordinary commercial sense she had been out at sea ; the vessel had finally sailed as soon as she had left the port for the purpose of proceeding on her voyage without any intention of coming back, and owners were entitled to the freight in accordance with the clause. Price v. Livincjstone (Court of Appeal, July 6, 1882, Jessel, M. E., Sir James Hannen and Lindley, L. J.). Refer p. 117. full and complete cargo — accident intervening : Held unanimously, that where a vessel being pai-tly laden and with lighter with cargo alongside, accidentally takes fire and is scuttled, and the master sells the part cargo on board damaged by water, and forwards that in lighter by another vessel, the charterer is bound to tender for shipment the balance of a full and complete cargo when the vessel is ready to receive it, even although the necessary repairs may have occupied over two months, nothing having occurred to discharge him from the obligation to complete the loading. Jones V. Holm (Exchequer, June 17 and 22, 1867, Bramwell, Martin, and Channell, BB.). full and complete cargo — spare bunker space : Held, that where no usage of trade is proved to provide cargo for the spare bunkers of a steamship, the char- terer is entitled to refuse to supply cargo to be laden therein, unless there be an express stipulation in the agreement or charter-party to that effect, and as a consequence no claim can be made upon the charterer by the owner for loss of freight. The Northcote (Glasgow, Feb., March, 1887, SherifP Murray). full and complete cargo, say about 1,100 tons: Held unanimously, that where in a charter-party the above words are used, and the vessel requires 1,210 tons to give her a full and complete cargo, and the charterer ja-ovides 1,080 tons only, the shipowner is entitled to claim short freight, less cost of earning same, on 55 tons, being on 20 tons short of the 1,100 tons named in charter-party, and 3 per cent, as margin. Morris E 2 62 INDEX TO MARITIME LAW DECISIUXS. Cha. Charter-party — coiitiinirrl. V. Levison (Common Pleas, Feb. 10, 187G, Brett, Arcliibald aud Liudle}-, JJ.\ giving- lieu ■^hei'e there is no bill of ladiug — general sliip. See "Lien," and p. 41. liberty to tow vessels in distress. See " Cargo Claims," p. 40, and p. 105. managing owner's authority to effect. See "Mort- gage." master's authority to instruct broker to charter. See "Master's Agency." meaning of word " port." See " Limits of Port." mortgagee takiug possession after charter. See " Mort- gage." necessity of stipulation as to towing vessels in distress. See ""Cargo Claims," p. 40. He/er p. 105. "now at Amsterdam": Held unanimously, reversing a decision of Cockburu, C. J., Mellor and Crompton, jj., AViglitman, J., dissenting, that whore an owner in effecting a charter-party describes his vessel as at a certain port, when, as a matter of fact, she has not arrived ^\•ithiu the limits of the port, the statement that she is at the j^ort is a substantive part of the contract, the breach of which entitles the charterer to repudiate the contract. Behn v. JJiiniess (Exchequer, Kov. 26, 1862, andPeb. 24, 1863, Erie, C. J., Pollock, C. B., AVilliams and Keating, JJ., and Channell, B.). printed and written clauses : Held, that where in a charter-party printed and written clauses contradict each other, the written words work an exception to the printed clauses. Scrutton v. Child s (Queen's- Bench, Jan. 19, 1877, Mellor and Lush, JJ.). shore to ship at ship's risk : Held unanimously, con- firming the decision of Grantham, J., at the Liverj)ool Assizes, tliat a clause in a charter-party, to the effect that the cargo is to be "brought alongside at the ship's risk," means that the shipowner is to take the goods during transit from shore to ship at the same risk as if they were on board; that the exception in the charter-party of "perils of the seas" applies to th& whole voyage and every part of it, and that conse- quently an owner of cargo cannot recover for loss in transit from shore to ship in consequence of the said perils, yottehohm v. Itichter (Court of Appeal, Oct. 30, 1886, Lord Esher, M. P., Lopes and Lindloy, L. JJ.). sliort delivery : Held unanimously, affirming the decisioa i INDEX TO MARITIME LAW DECISIONS. 53 Cha. Charter-party — continued. of Cave, J., and a special jury, that a bill of lading is 2)r{md facie evidence, bnt not conclusive evidence, of the amount of goods shipped ; under ordinary circum- stances the shipowner may sho-^ that a less amount of goods has in truth been shipped than appeared from the bill of lading; but a clause in the charter-party stating that the bills of lading shall be conclusive evidence as to the amount shipped binds the ship- owner to deliver in accordance therewith or pay for all short delivery. Lishman v. Christie (Court of Appeal, June 23, 1887, Lord Esher, M. E., Lindley and Lopes, L. JJ.). Mi''- rr- 20, 21, 21G. stamped and unstamped : Held, that whilst a charter- party first executed abroad and not being duly stamped must be stamped ten days after it has been received within the United Kingdom, by an adhesive stamp placed upon it before it'has been executed by anyone in the United Kingdom, in the case of a charter-party wholly executed abroad it may bo stamped with an impressed stamp within two months of its receipt in the United Kingdom, and so legalized that it may be sued upon. The Belfort (Admiralty, Aug. 4, 1884, Sir James Hannen and Butt, J.), ten days after final sailing. See " Freight Advanced." time charter — general ship. See " Lien." tow vessels in distress — necessity of clause giving per- mission. See " Cargo Claims," p. 40, and p. 105. Tinhnown to shippers— bill of lading. See "Cargo Claims," p. 41. war cancellation clause — freight insurance : Held, Lush, J., dissenting, that where a charter-party x>rovides that in the event of war, blockade, or prohibition of export i:)reventing loading, "this charter to be can- celled," it is ipso facto put an end to by the happening of any of the contingencies mentioned; and the con- sequent loss of freight is not a loss within the meaning of a policy of insurance on " owner's freight at risk on board the ship, or chartered when in ballast." Adam- son and another v. Newcastle SS. Freight Insurance Association (Queen's Bench, June 18 and 20, 1879, Cockburn, C. J., Lush and Manisty, JJ.). ■where vessel can always lie and discharge afloat— nearest safe port : Held unanimously, reversing the decision of Sir E. Phillimore, that where by charter-party a vessel is to call for orders for a safe port, "or so near 54 INDEX TO MARITIME LAW DECISIONS. Cha. Charter-party— coM^iWfw/. thereunto as slie can safely got and always lie and discharge afloat," she is entitled to be ordered to a port which she can enter loaded, and in which she can always lie and discharge afloat at all times of the tide ; and if she be ordered to a port in which she cannot do so, she is not bound to proceed to the outside of the port and there lighten, even if a custom to that effect be urged, but may proceed to the nearest safe port to the said port and there discharge. The Alhamhra (Court of Appeal, March 25, 1881, James, Brett and Cotton, L. JJ.). Bcfer pp. 47, 48, 13G. Chartered Freight. Sec also "Freight." at and from — inception of risk : Held unanimously, affirming the decision of Bovill, C. J., that the risk under a policy of insurance on chartered freight "at and from " attaches while the vessel is at the place named, even although the discharge of inward cargo and earning of inward freight, not the freight covered by the policy, may not have been completed, and that, if the vessel be lost during such discharge, the under- writers on chartered freight to be earned subsec^uent to such discharge are liable, as the risk upon the same may commence earlier than the beginning of the voyage upon which the freight is to be earned, whatever be the language of the policy. Foley v. United Fire and Marine Ins. Co. (Exchequer, Feb. 7, 1870, Kelly, C. B., Martin, B., Mellor, Lush, and Hannen, JJ., and Cleasby, B.). cancelling date — optional or absolute — concealment: Held, that if an owner effect an insurance on chartered freight, ho is bound to disclose to the underwriter the fact that his charter-party contains a clause as to cancel- ment, such clause being sometimes inserted and some- times not, and the risk enormously increased by its insertion. If, however, the cancebnent is in the option of the charterers and not absolute upon non-arrival, it does not then concern the underwriter, as if a loss. INDEX TO MARITIME LAW DECISIONS. 55 Cha. Chartered Freig-M — co)itbiucd. ensues it is in consequence of the cliarterers exercising their option, and not because of perils insured against. The Merccmtile S.S. Co., Limited v. Tijser (Queen's Bench, May 21, 1881, Lord Coleridge, C. J.). loss of hire — repairs postponed : Held, aifirming the decision of Grove, Manisty, and Lopes, JJ., that if an accident happen during the continuance of a time policy on chartered freight, -svliich, because the vessel is able to proceed on her voyage, does not cause any loss of hire during the currency of the policy, the re- pairs not being undertaken until after the lapse thereof, underwriters are not liable for the subse- quent loss of hire the owners suffer while the repairs are being effected. Hough v. Head (Court of Appeal, Nov. 30, 1885, Lord Eshor, M. E., and Cotton and Bowen, L. JJ.). special terms of charter — mulct of hire if becoming in- efficient — freight outstanding : Held unanimously, affirming the judgment of the Court of Appeal (Lord Coleridge, C. J., and Baggallayand Bramwell, L. JJ.), which reversed a judgment of Brett, L. J., that, although in the case of an ordinary time policy upon freight outstanding, the underwriters must be taken to have notice of the existence of a contract of affreight- ment, that cannot extend the liability of the under- writer to anything not covered by the terms of his policy ; and accordingly, where in a Government time charter it was stipulated that if the vessel became in- efficient the charterers could make " abatement by way of mulct out of the hire or freight," and the ship was rendered temporarily inefficient by reason of the perils of the sea, and the charterers exercised their power of mulct, inasmuch as the loss of hire was not directly caused by the perils of the sea, but by the action of the charterers, the underwriters of an ordinary time policy " on freight outstanding " are not liable as for a loss by perils insured against. In order to make under- writers liable, the clause as to cancelment should have clearly connected the cancelment with the perils of the 56 INDEX TO IMAKITIME LAW DECISIONS. Cha— Cla. Chartered Yreight—coiitiiiiicd. sea. Inman SS. Co. v. Bischoff (House of Lords, Jul}^ 11, 14, and 15, and Aug'. 1, 1882, Lord Chancellor Selborno, Lords Blackburn, Watson, and Fitzgerald). total loss — abandonment — discharge of outward cargo : Held, Martin, B., dissenting, affirming the decision of the Court of Exchequer, Cleasby, B., dissenting, reversing a previous judgment of the Court of Common Pleas, that in the case of an insurance outwards onh', on chartered freight homewards, where a vessel sustains damage on the outward passage, which is not found to amount to a constructive total loss of ship until several months after the expiry of the policies of insurance outwards, in consequence of there being no dock at port of outward discharge, underwriters on such policies must pay a total loss, even although it should be proved that the charterer was insolvent and unable to give freight to the ship, and that such underwriters are not entitled to notice of abandonment, as there can be nothing to abandon, and the absence of such notice does not consequently pre- judice their interests in any \\ny. Rankin v. Potter (House of Lords, June 28, July 1, 4 and 5, 1872, Feb. 24, and May 5, 1873, Brett, Mellor, and Black- burn, L. JJ., BramwoU and Martin, BB., Lords Chelmsford, Colonsay and Hatherloy). Chartered Government Transport as salvor. See " Salvage," p. 198. Charterers and shipowners, the bill of lading' contract. Sec " Cargo Claims." insuring for shipowner, confirmation after loss. See "Freight." to pay crew, allotment note. See "Seaman's AYages." Claim, deduction from, for unpaid premium. See " Premium." part withdrawn at reference. See " Collision," p. C8. Classification, repairs enabling vessel to pass survey. See " Collision," p. 70. withdrawn after charter effected. See " Cliarter-party." INDEX TO MARITIME LAW DECISIONS. 67 Cla— C»l. -Clauses, general rule of construction. Sec " Special Clauses." printed and written. Sec " Cliarter-party," p. 52. Close hauled, and hove-to forereacliing. See " Collision," p. 62. Clyde pilotage board. See " Collision," p. 74. Coaling' in pilotage district. See " Compulsory Pilotage." port — bunkers. See " Light Dues." Ccllection of general average, underwriter liable to owner. See "■ General Average." Collision, assistance to disabled vessel : Held, tbat the duty to render assistance under sect. 16 of the Merchant Shipping Act, 1873, is not confined to rendering actual assistance, but if a vessel whose duty it is to render assistance is so injured that the only assistance she can render is to burn rockets, or hoist a globe light so as to indicate her position, she is bound to do so, and in default of so doing, she is, in the absence of proof to the contrary, to blame for the collision. The Emmy Haase (Admiralty, March 10, 1884, Butt, J., assisted by Trinity Masters). bail-bond, liability of co-owners. See "Co-ownership." both vessels belonging to same owner — underwriters' claim : Held unanimously, reversing the decision of the First Division of the Court of Session in Scotland (the Lord President Inglis, Lords Deas and Mure), that where two vessels belonging to the same owner come into collision, and one is totally lost through the fault of the other, and the owner limits his liability in respect of the latter and collects a total loss upon the former, the underwriters who have paid the said total loss cannot claim upon the sum paid into Court, as their rights are limited to the rights which the owner possessed before the total loss was paid, and the owner being himself the x^^^son who caused the damage he has no claim. Simjjson v. 27iomsoii (House 58 INDEX TO MARITIME LAW DECISIONS. CoL Collision — coiithi ucd. of Lords, Nov. C and Dec. 13, 1877, Lord Chancellor Caii'ns, Lords Penzance, Llackbnrn, and Gordon). botli vessels to Llamo : Held unanimously, that -where in an action for collision both vessels are found to blame, but one of such vessels is exempt from liability on the ground of compulsory pilotage, the rule of the Admi- ralty Court entitles the latter vessel to recover half her damages, and the former vessel, not being entitled to recover anj-thing, cannot limit the payment to the difference between half her damage and half tha damage of the other vessel. The Hector (Court of' Appeal, March 8, 9, 10, and May 12, 1883, Brett, M. E., and Cotton and Bowen, L. JJ.). Refer p. 65. both vessels to blame, cargo-owners' claim. See " Cargo Claims," p. 38. Cardiff drain : Hold unanimously, affirming the decision of Butt, J., that Art. 16 of the Eegulations for Pre- venting Collisions at Sea, directing that if two steam- ships are crossing so as to involve risk of collision the ship which has the other on her starboard side shall keep out of the way of the other, applies in a narrow channel where it is the duty of steamships to keep to that side of mid-channel which lies on their starboard side ; hence, Avhere a steamship going up Cardiff di'ain sees a vessel on her starboard side coming down the channel from Poath basin, it is her duty to keep out of the way of the other, and the outcoming vessel must keep her course ; if she ports to get on to the starboard side of the channel she is to blame for breach of Art. 22 of the Eegulations. The Leverinyton (Court of Appeal, June 4, 1886, Lord Chancellor Herschell, Lord Esher, M. P., and Fry, L. J., assisted by Nautical Assessors). courses crossing — stop and reverse : Held unanimously, reversing the decision of Butt, J., that when two steamships are on eoui'ses crossing one another at right angles, and those on board one steamer see the other, and noticing that those on board of her are taking no steps to avoid a collision, whistle and ease their engines,. INDEX TO MARITIME LAW DECISIONS. 6^ Col. Collision — continued. and wlien within 300 yards stop and reverse full speed astern, in spite of which, the steamers come into col- lision, those on board the first-named steamer are guilty of contributory negligence, as they ought, under Art. 1 8 of the Eegulations for Preventing Collisions at Sea, to have stopped and reversed sooner, so as ta avoid risk of collision. The Beryl (Court of Appeal, Jan. 17 and 18, 1884, Brett, M. E., and Bowen and Pry, L. JJ., assisted by Nautical Assessors), damage to one, both to blame : Held unanimously, re- versing the decision of iSir E. Phillimore, that where those on board a vessel by their negligence are the cause of a collision, which would not have resulted in damage to either vessel but for the negligence of those on board the vessel not to blame for the collision — as where an anchor is improperly carried where it ought not to be — the first-named vessel is entitled to recover half her damages according to the practice of the Admiralty Division. The Margaret (Court of Appeal, March 14, 1881, James, Brett, and Cotton, L. JJ.). damage revealing rotten wood : Held, that where a ship is damaged by collision, and on opening her to effect the necessary repairs certain parts of her not injured by the collision are found to be rotten and to require renewing, the cost of such renewal cannot be charged to the colKsion damage, although but for such opening they would have lasted for some years. The Princess (Admiralty, May 5, 1885, Sir James Hannen and Butt, J.), dangers of navigation, other vessel to blame. See ' ' Charter-party, " p . 50. delay, demurrage. See " Tug and Tow." definition in Prench Court — sunken wreck : Held, that the exclusive judicial meaning of the word " collision " admitted by the law Courts is the contact of two vessels in a state of navigabihty, and that the striking of a vessel against a sunken wreck is not a collision. The Basse Indre (Nantes Tribunal of Commerce, Sept. 1887). ■GO INDEX TO MAlllTIME LAW DECISIONS. Col. Collision — continued. double action in Ireland and England : Iltdd, tliat -wliere a plaintiff in a damage action lias taken proceedings first in Ireland and suLseqncntly in England, lie "svill not be allowed to proceed with the action in England until he has abandoned proceedings in Ireland. It is not snfficient that he is desirous of abandoning the action first commenced, and that he is not allowed to do so by the Irish Court ; such refusal should be cor- rected by appeal. The Catharina C7i/a;:~aro (Admiralty, :March 21 and April 4, 1876, Sir E. Phillimore). double proceedings at home and abroad : Held, that •where in a damage action it appeared that the de- fendants had, prior to the institution of the action in the High Court, instituted proceedings against the plaintifi's to recover damages in respect of the same collision in a Vice-Admiralty Court near to the place where the collision occurred, the Court will stay all further proceedings in the High Court until after the Vice-Admiralty action has been heard. The Peshaivur (Admiralty, Feb. G, 1883, Sir Eobert rhillimore). double proceedings at home and abroad : Held imani- mously, affirming the decision of Bacon, V. C, that although a plaintiff may be put to his election between two actions, one in an English Court and the other abroad, on the ground of vexation, the Court will not consider the double litigation vexatious, where there are substantial reasons to induce the plaintiff to sue in both countries, as, for instance, where he can get a judgment in each action, but execution is more easily obtained in one country than in the other. Peruvian Guano Co., Limited v. Bochicoldt (Court of Appeal, Feb. 14 and 16, 1883, Jesscl, M. E., and Lindley and Bowon, L. JJ.). double proceedings at homo and abroad : Held, affirming the decision of Sir James Hannen, Brett, M. E., dis- senting, that where a collision action was instituted in Holland, and a letter of guarantee tendered and accepted releasing vessel, and the plaintiffs subse- quently instituted a second action in this country and INDEX TO MAr.lTIME LAW DECISIONS. 61 Col. Collision — contUi i/c/I. re-arrested the vessel, tlie Court of Admiralty lia& power to stay the second action and release the vessel, and ought to exercise that power, without giving' tlie plaintiffs the choice of electiDg which action they will proceed with. 77ie Christianshorg (Court of Appeal, July 18 and 21, 1885, Brett, M. E., and Baggallay and Fry, L. JJ.). [jSTote. — Subsequently to this decision the plaintiffs entirely abandoned proceedings in Holland, and insti- tuted fresh proceedings in this country, which were idtimately settled by the defendants paying the plain- tiffs' claims.] entering River Tyne : Held unanimousl}', confirming the decision of Butt, J., that a vessel entering the Tyne is- bound, under bye-law 20 for the Eegulation of the Eiver Tyne, to get on to a course to enable her to enter on the north side when at some considerable- distance outside the pier-heads ; and if she crosses from south to north of mid-channel, when close up to the pier-heads, she thereby infringes the bye-law. The Harvest (Court of Appeal, June 3, 1886, Lord Chancellor Herschell, Lord Esher, M. E., and Fry, L. J.). error of judgment not contributory negligence : Held unanimously, reversing the decision of Sir E. Philli- more, that where a ship has by imjDroper navigation rendered a collision imminent, and executes Avrong manceuvres when close to another vessel, such other vessel will not be held guilty of contributory negli- gence if the master, under the pressure of extreme peril, executes or orders a niauG3uvre which was not the right one under the circumstances ; the Court ought not to recpiire perfect nerve and presence of mind and the doing of the best thing possible in such cases. The Btjicell Castle (Court of Appeal, July 14 and 15, 1879, James, Brett and Cotton, L. JJ., with Nautical Assessors). flare-up light : Held, that the burning of a flare-up light by vessels other than overtaken and fishing- ■62 INDEX TO MARITIME LAW DECISIONS. Col. •Collision — continued. vessels is not forbiclclen by Article 2 of the Eegula- tions for Preveiitiug Collisions at Sea, tliough blame may be attributable to a vessel exhibiting a flare if the exhibition is misleading and contributes to a col- lision. The Merchant Prince (Admiralty, July 17 and 18, 1885, Sir James Ilannen, assisted by Trinity Masters). fog obscuring side lights, but not mast-head light : Held unanimously, affirming tlie decision of the Court of Appeal (James, Brett, and Cotton, L. JJ.), reversing a prior decision of Sir Robert Phillimore and Trinity blasters, that it is the duty of a vessel when in the vicinity of a fog-bank, even although not herself actually therein, to mahe the signals prescribed by Article 10 of the Regulations for Preventing Collisions at Sea, so as to warn vessels within it of her presence. When at night a mast-head light is seen, but no side lights, it is an indication to an approaching vessel that the light is that of a steamer whose side lights are obscured by fog. The Milanese (House of Lords, May 6, 9, 10, and June 14, 1881, Lord Chancellor Selborne, Lords Blackburn and Watson). foreign government mail packet : Held unanimously, reversing a decision of Sir E. Phillimore, that an armed vessel belonging to a foreign sovereign state, and employed in what is considered by that state to be a national service, is entitled to the privilege of a vessel of war, as to freedom from arrest in a suit in rem. The Farleme7it Behje (Court of Appeal, Dec. 11, 12, 20, 1879, and Feb. 27, 1880, James, Baggallay, and Brett, L. JJ.). utt, J., assisted by Trinity Masters). obligation to stop and reverse : Held unanimously, re- versing the decision of the Court of Appeal (James, Brett and Cotton, L. JJ.), and re-instating the decision of Sir P. Phillimore, that, where a wrong manoeuvre on the part of one of two approaching steamships makes a collision inevitable, the other will be held to have contributed to the collision, unless the master at once gives the order to stop and reverse the engines INDEX TO MARITIME LAW DECISIONS. 67 Col. 'Collision — co)itiniird. in accordance with. Art. 16 of tlie Eegulatlons for Preventing Collisions at Sea, and sect. 17 of the Merchant Shipping Act, 1873; and that, where a master simply gives the order to port the helm hard over, and for the engineers to stand-by the engines, with the object of easing the blow by avoiding striking the other vessel stem on, he has not complied with the regulations, and has not shown any sufficient necessity for departure from them. The Stoormvart Maatschappy Nederlatid v. The Peninsular Sf Oriental Co. (House of Lords, June 29, July 1, 2 and 23, 1880, Lords Hatherley, Blackburn and Watson). onus of proof of absence of negligence : Held unanimously, reversing a decision of Butt, J., that where it is shown in a collision action that one of the vessels was properly at anchor with her anchor light burning, the fact of a collision with her is prima facie evidence of negligence on the part of the ship in motion, and the onus is upon the latter to prove that the collision was not occasioned by her negligence. 21ie Annot Lyle (Court of A^^peal, June 3 and 9, 1886, Lord Chancellor Herschell, Lord Esher, M. E., and Fry, L. J.). other vessel to blame — excepted perils. See " Discharge of Cargo." overtaken vessel : Held unanimously, reversing the de- cision of Sir James Hannen, that if two ships are in such a position, on such a course and at such a distance, that, if it were night, the hinder ship could not see any portion of the side lights of the forward ship, the hinder of two such ships, if going faster than the other, is an overtaking ship, and the other a " ship which is being overtaken by another" within the meaning of Art. 1 1 of the Eegulations for preventing Collisions at Sea, and even though the hinder ship broadens on her quarter she is bound to show a stern light in sufficient time to enable the other, by the exercise of reasonable precautions, to avoid risk of collision. The Main (Court of Appeal, June 1 and 2, 1836, Lord Chancellor f2 ()8 INDEX TO MARITIME LAW DECISIONS. Col. Collision — cont'viKcd. Herscliell, Lord Eslicr, ]M. K., and Fry, L. J., assisted by Nautical Assessors). overtaken vessel : Held unanimously, affirming the decision of Sir Robert Phillimore, that, altliough. it is the duty of an overtaken ship, if she sees a vessel ■which she has reason to suppose does not see her, and ■which is likely to come into collision ■with her, to give some ■warning to the overtaking ship, not necessarily by exhibiting a light, but by some signal, such as the firing of a gun, the showing a light, or otherwise ; still, ■where a steamer, going at a high rate of speed in a fair-^way, overtakes a sailing ship showing no light or signal, the steamer -u-ill be held alone to blame if a lo'wer rate of speed -would have given her time to have avoided the collision upon sighting the sailing ship. The Earl Spencer (Privy Council, June 17, 1875, Sir James AV. Colvill, Sir Barnes Peacock, Sir Montague Smith and Sir Eobert P. Collier). overtaken vessel : Held, that a vessel is not bound by Ai't. XL of the Pegulations for Preventing Collisions at Sea to show from her stern a -white light, or a flare- up light to a vessel overtaking her, unless there is danger of the overtaking vessel not passing clear. The Relher (Athniralty, July 29, 1881, Sir Pt. Philli- more and Trinity Masters). Refer p. 67. overtaking and crossing ship : Held, that -o-here one of two ships is at the same time crossing and overtaking the other, Art. XX. of the Eegulations for Preventing Collisions at Sea, 1880, applies so as to make it the duty of those on board to keep out of the "way, not- ■withstanding the rule as to crossing ships, -which in such cases does not apply. 2%e Seato7i (Admiralty, Nov. 2, 1883, Butt, J., assisted by Trinity Masters). part claim -withdrawn at the reference — costs : Held, that where a plaintiff in a collision action withdraws a part of his claim at the reference, and not before, and the amount awarded is less than two-thirds of the amount originally claimed, althougli more than two- thirds of the claim thereby reduced, the original INDEX TO MARITIME LAW DECISIONS. 69' Col. 'Collision— CO// f'ui ucd. amount of the claim is the amount upon -wliieh. costs are to be given, and he is not entitled to his costs. The Ellean Dubh (Admiralty, Nov. 6, 1883, Sir James Hannen). peril of the sea : Held unanimously, afRrniing a decision of Sir James Hannen, that a collision is not neces- sarily a peril of the sea within the meaning of those words in a hill of lading, and that, therefore, in an action by an owner of goods against a shipowner, it is no defence to prove that the loss has been caused by a collision, and the plaintiffs are entitled to judgment without being called upon to prove that the collision was the result of the defendant's negligence. The Xanthe (Court of Appeal, June 7 and 8, 1886, Lord Esher, M. E., Bowen and Fry, L. JJ.). Refer p. 37. perishable cargo — duty to forward. See " Cargo Claims," p. 40. Preliminary Act — questions improperly answered : Held, that the answer, " The when first seen was at anchor," is an improper answer to Art. IX. of the Preliminary Act, inquiring the "distance and bearing of the other vessel when first seen," and that the Court will always be disposed to view with suspicion the case of the party so answering, even though it appears to be accidental, and if it proves to be inten- tional, will approach their case with the gravest sus- p)icion. The GocUva (Admiralty', Jan. 27 and 28, 1886, Butt, J., assisted by Trinity Masters). Refer p. 132. recovering more than policy value. See "Value in Policy." reference to registrar — costs : Held, that in cases of collision, where both, vessels are found to blame, and the amount of damage is referred to the registrar, and less than one-fourth is struck off, both the claim and counter-claim, the costs of substantiating the plaintiff's claim at the reference will be borne by the defendants, and the costs of substantiating the defendant's claim by the plaintiffs. The Mary (Admiralty, May 23, 1882, Sir E. J. PhiUimore). 70 INDEX TO MARITIME LAW DECISIONS. Col. Collision— ro;//(;(«S'(?e " Charter-party," p. 50. negligent navigation. See "Cargo Claims," pp. 35, 38. valued policy — interest. See "Insurable Interest." assignment of, by managing owner. See ' ' Managing Owner." mortgagee's rights. See "Mortgage." bill of lading at less than chartered freight : Held unani- mously, reversing the decision of Baggallay, J., that the words " other conditions as per charter-party " in a bill of lading bring into the latter only all those clauses and conditions of the charter-party which are not specially dealt with in the bill of lading itself, and that an owner cannot demand from a receiver of cargo a higher rate than that stipulated for in the bill of lading, even although the rate may be less than that in the charter-party. Gardner S^~ Son v. Trcchmann (Court of Appeal, Dec. 16, 1884, Brett, M. E., and Cotton and Lindley, L. JJ.). Refer p. 18. cargo delivered short of destination. See " Charter- party," !>. 47. cargo destroyed by fire and water — inherent vice : Held, that where a cargo of coals is shipped, freight to be paid on delivery, and fire breaks out in it spontaneously, and portions are thrown overboard to get at the seat of the fire, and the remainder so wetted and damaged by water poured on it to extinguish the fire that it is discharged and sold at a port of refuge, the freight upon it is Avholly lost, and the shipowner is entitled to a contribution in general average for the lost freight sacrificed in the common interest. Held, by inference, INDEX TO MARITIME LAW DECISIONS. 115 Pre. Fr eiglit — con tin ucd. that if the inherent vice in the cargo is the cause of the sacrifice, no claim can be admitted on its account into general average; owner of cargo cannot take advantage of his own wrong. Pirie ^ Co. v. Middle Duch Co. (Queen's IJench, March 28 and April 4, 1881, Watkin Williams, J.). cargo not realizing amount of. Sec "Bill of Lading," p. 19. confirmation of insurance after advice of loss : Held unanimously, that where charterers effect a policy of insurance on freight valued at a certain sum on behalf of themselves and those interested, in the usual terms, it is open to the shipowners to ratify such policy, and claim the benefit of it, even after they have received advices of the loss of their vessel, provided they can bring satisfactory evidence that the policy was made for their account, and that they did not know of its existence until after the loss of the vessel, and at once ratified and adopted it. IVilliams v. North China Insur- ance Co. (Court of Appeal, May 30, 31, and June 1, 1876, Cockburn, C. J., Jessel, M. E., Mellish, L. J., and Pollock, B.). deliver to — looking to them for freight. See "Bill of Lading," p. 17. delivery of cargo short of destination — jyro ratci freight. See "Charter-i^arty," p. 47, and pp. 3, 182, 239. derelict — no freight due. See " Abandonment." enhanced value in lieu of. See " Cargo ship's account."' free of x^^^i'ticular average— suing and labouring. See " Constructive Total Loss." full and complete cargo — short freight. See "Charter- party," p. 51. insurance of — master illegally shipping deck cargo. See "Deck Cargo." insured from the loading thereof on board : Held, that where in a policy of marine insurance on freight the risk is to commence "upon the said goods or freight from the loading thereof on board," and where, the vessel in question being partially loaded, certain I 2 IIG INDKX TO MARITIME LAW DECISIONS, Fre. Yieight—coiifiiiunL lig-liters are delivered alongside ■with cargo intended to 1)6 taken on Loai-d, but which lighters, with their contents, become totally lost by perils of the sea, in consequence of which the owners of the vessel lose the freight upon such portion of the cargo, the wording of the policy excludes such risk, and the owner cannot recover his loss from underwriters on freight. Hopper V. linear Marine Insurance Co. (Queen's Bench, Feb. 22, 1882, Mathew and Cave, JJ.). Rpfer p. 52. lien on cargo — charterer not liable. Sec "Charter-party," p. 49. lien on cargo — general ship. See "Lien." managing owner's commission on. See " Managing Owner." mortgagee's right to — cargo on ship's account. See "Mortgage." outstanding — underwriters' liability. See " Chartered Freight." part paid — lien on bill of lading. See "Acceptance in exchange for documents." payable as per charter-party. /See "Bill of Lading," p. IS. port of distress — underwriter's liability. See " Sue and Labour Clause ; " " Constructive Total Loss." pro raid. See ^' Pro rata Freight." profits of sub-charter — seaman's lien. See " Seaman's "Wages." salvage of cargo by ship owners — expenses. See " Sue and Labour Clause." voyage stopped by shippers : Held unanimously, re- versing the decision of Cave, J., that where a vessel, Laving laden a cargo under a charter-party, is pre- vented b}' shippers from prosecuting her intended voyage (they having heard meantime of the insolvency of the consignees), they are not entitled to have the cargo delivered to them excej)t on payment of the entire freight agreed upon. Casehournc Sf Co. v. Avery Sf Co. (Court of Appeal, July 25, 1887, Lord Esher, M. E., Lindley and Lopes, L. JJ.). wrecked cargo. See " Constructive Total Loss." INDEX TO MARITIME EAW DECISIONS. 117 Fre. Freight advanced, final sailing. See " Charter-party," p. 50. insurable interest — half cargo lost : Held unanimously, reversing the decision of the Court of Appeal (Cock- hurn, C. J., Mellor, J., and Aniphlett, B., Cleasby and Pollock, BB., dissenting), and affirming a prior decision of the Court of Common Pleas (Bovill, C. J., Brett and Grove, JJ.), that -vrhere by the terms of the charter- party half the freight is paid in advance, if a loss of half the cargo takes place, the charterer is not liable for anj'thing further, and the owner, having insured the amount of the freight not so paid in advance, is entitled to recover as for a total loss under his poli- cies. Allison V. Bristol Marine hisurance Co. (House of Lords, July 2, 1875, Feb. 25, and March 30, 1876, Lords Chelmsford, Hatherley, Penzance, O'Hagan and Selborne). liable to be repaid if vessel lost through negligence. See " Cargo Claims," p. 40. unpaid and not due — final sailing — port of distress : Held unanimously, affirming the decision of Wills, J., that where a charter-party provides that certain freight shall be payable " ten days after the final sail- ing of the vessel from her last port," and vessel has started on her voyage, but not gone beyond the limits of the port as understood by shipowners and mer- chants, before an accident happens, which renders it necessary that she should put back for repairs, she has not sailed from the port within the meaning of the charter-party, and the freight is not payable. The " Garston" Ship Co. v. Hickie ^- Co. (Court of Aj)peal, July 3, 1885, Brett, M. E., and Baggallay and Bowen, L. JJ.). Refer p. 50. negligent navigation. See "Cargo Claims," p. 40. valued policy — interest. See "Insurable Interest." Freight, Lump-sum, jettison and sale of j) art cargo — port of distress : Held, unanimously, reversing the decree of the Coiirt of Admiralty, that where a vessel takes the ground, and lis INDEX TO MARITIME LAW ]JECISIOXS. Pre.— Ful. Freight, Lump suioi—roi/tii/Kcd. nogiigence of pilot is not directly proved, and subse- quently si:)rings a slight leak, -syhicli, as a consequence of perils insured against, becomes so serious as to neces- sitate jettisoning a jiortion of the cargo, and selling a further portion at a port of distress, no deduction can be made from the lump-freight because part of the goods are not delivered, as, although the lump-sum is called freight, both in the charter and bills of lading, it is more properly a sum paid for the use and hire of the sliip on the agreed voyages, and that the clause making the freight payable only " on true and final delivery of the cargo at the said port of discharge," does not necessarily mean that the whole cargo origi- nally shipped must be delivered. The Noricaij (Privy Council, July 20, I860, Right lion. Knight-Bruce and J. T. Coleridge, and E. V. Williams, L. JJ.). Fresh, and. Salt Water, drauglit of water. See " Charter-party," p. 50. Frost, preventing loading — canal. See "Lay-days," p. 139. river. See "Lay-days," p. 137. French Pilotage, See " Com2:)ulsory Pilotage." Fuel, for donhey-pump. See " General Average." Full and Complete Cargo, delay in loading — accident. See " Charter-party," j). 51. say about tons. See " Charter-party," p. 51. spare bunker space. See " Charter-party," p. 51. vessel lost during loading. See " Contract of Sale and I'urchaso." Full Interest admitted. See "Illegal Insurance." Full Ship, all on board delivered. See " Short Delivery," and j)- 52. Full Speed ahead, contrary to regulations. See " ColHsion," pp. Go, 60. IXDKX TO MAKITIME LAW DECISIONS. Ill) Gen. General Average, its nature : Held, tliat tlie right to general average is not founded upon contract, or the relations created by contract, but upon a rule of law applicable to all "who have interests exposed to some common danger, threatening the safety of the whole, and upon the ancient maritime law, which was as follows : — "If for the sake of lightening a ship a jettison of merchandise is made, that which is given for all shall he made good by a contribution of all^ Pirie &,• Co. v. Middle Dock Co. (Queen's Bench, March 28, and April 4, 1881, Watkin WiUiams, J.). act of, necessitating putting into port. See "Port of Distress." amount underwritten already paid. See "Sue and Labour Clause." auxiliary screw — forced steaming — temporary repairs : Held, reversing the decision of Mellor, J., and a jury, that where an auxiliary screw vessel is by perils of the sea disabled from sailing, and the master, in order to prevent the heavy expense of refitting and repairing abroad, decides to come home under steam, the cost of the coal and expenses of calling at coaling ports on the way home are not subjects of general average. The shipowners, by their contract with the freighters, are bound to give the use of the auxiliary screw, their vessel being so fitted, and to provide fuel for the engine. H the master can, by the expenditure of a small sum in temporary repairs and coals, bring the ship and cargo safely home, it is his duty to do so ; and the Court wished to guard against being supposed to sanction the notion that in a case like this the ship- owners could have charged the owners of the cargo with any part of the expenses of unshipping and ware- housing the cargo, supposing the master had adopted this unwise and imprudent course. There could, there- fore, be uo availing plea, on the ground of substituted expense, for making these disbursements the subject of general average contribution. Wilson v. Bank of Vic- toria (Queen's Bench, Feb. 12, 1867, Blackburn, J.). 120 INDEX TO MARITIME LAW DECISIONS. Gen. General Average — coiit'uiited. cargo destroj'cd by fire and water. See " Freiglit." cargo owners refusing to contribute to. See " Sea- worthiness." liefer J). l5o. contribution of specie : Held, that where specie has for safety been hxnded from a vessel stranded in a dan- gerous position, the specie, being in safety, is not liable to contribute in general average towards a subsequent sacrifice by jettison and so forth. Roijal Mail S. P. Co. V. British Bank of Rio de Janeiro (Queen's Bench, July 21, 1887, Wills and Grrantham, JJ.). contribution to cost of raising sunken vessel. See " Con- structive Total Loss." defective machinery. See " Machinery Claims." fire and consequences excepted. See " Bill of Lading," p. 18. Refer]). 124. free from average unless general. See "Sue and Labour Clause." fuel for donljey-boilor : Held unanimously, affirming the decision of Queen's Bench Division (Lush and Mellor, JJ.), that although an owner of a vessel fitted with a donkey-boiler for pumping vessel, is bound to have on board a reasonable supply of fuel, having regard to the nature of the voyage, the season of the year, the quality of the cargo, the condition of the ship, and what experience has shown to be prudent to provide against, under these conditions, he is not bound to have on board enough for every possible emergency ; and, therefore, if as a consequence of special and ex- traordinary perils the supply of fuel is exhausted, and it becomes necessary for the safety of all interests con- cerned to cut up and use for fuel spare spars and part cargo, this is a general average sacrifice, and recover- able as such, providing the supply of fuel on leaving port Avas a reasonable supply for the donkey -boiler for pumping purposes. Robinson v. Price (Court of Aji- peal, April 7, 1877, Lord Coleridge, C. J., Bramwell and Brett, JJ. A.). impending loss of thing sacrificed : Held unanimously, affirming the decision of Pollock, B., that the liability INDEX TO MARITIME LAW DECISIONS. 121 Gen. General Kverage— continued. for general average is not done away witli by showing that perhaps there wouhl have been an immediate total loss, if it is shown that circumstances exist which make it reasonable to sacrifice part for the whole, and if part is intentionally sacrificed, that is a general aver- age sacrifice and a general average loss. Whitecross Wire and Iron Co., Limited v. Savill (Court of Appeal, March 24, 27, and 28, 1882, Lord Coleridge, C. J., Brett and Holker, L. JJ.). impending loss of thing sacrificed : Held unanimously, reversing the decision of the Common Pleas (Grove and Lopes, JJ.), that where a mast is in such a condition, through the giving way of the rigging, and the violence of the storm, and the practical impossibility of the storm ceasing in time to save the mast, that it must have been lost whether the ship was saved or not, the cutting away of the mast is no sacrifice, and therefore has caused no loss to the shipowner, and he has no claim for general average, even although the mast, if not cut away, imperilled the whole adventure. Shepherd V. Kottgen (Court of Appeal, Nov. 23, 1877, Bramwell, Brett and Cotton, L. JJ.). impending loss of thing sacrificed : Held unanimously, that where an iron mast settles down, and the rigging becomes slack, and the master is afraid of the mast going through the vessel's bottom, and so cuts it away, the mast had not ceased to be valuable as a mast, and there was therefore a sacrifice entitling the owner to general average contribution. Corrie v. Coiilthard (Court of Appeal, Jan. 17, 1887, Cockburn, C. J., Sir W. B. Brett and Sir E. Baggallay). jettison of deck cargo— exception to liability: Held unanimously, reversing the judgment of Cave and Day, JJ., that a clause in the charter-party to the effect that a deck-load of timber is to be at merchant's risk, would doubtless protect the shipowner in a case of imi^roper jettison, or in case of collision or stranding, by reason of the negligence of the captain or crew, but it does not preclude the owners of cargo from recovering gene- 1'2'2 INDEX TO MARITIME LAW UPXISIOXS. Gen. General Average — couibuicd. ral average contribution if tlie cargo be carried on deck by the custom of tlie trade and jettisoned. Bur- ton V. English (Court of Appeal, Dec. 17 and 18, 1883, Brett, M. E., and Baggallay and Bowen, L. JJ.). jettison of deck cargo. See " Deck Cargo." Liverpool average bond : Held unanimously, confirming the decision of Mathew and A. L. Smith, JJ., that whilst shipowners have a lien on cargo for general average contribution, a local custom cannot give them the right to demand a fixed percentage, as stipulated for in the Liverpool bond (10 per cent.) ; that they may only re- quire a reasonable deposit or guarantee, in their option, fixed according to the circumstances in each particular case. Huth Sf Co. v. Lamport and Holt (Court of Appeal, Feb. 3, 1886, Lord Esher, M.E., Lindley and Lopes, L. JJ.). port of adjustment. See below and next page. port of distress — wear and tear. See " Machinery Claims." reloading cargo at port of distress. See " Port of Dis- tress." salvage or towage services — excessive amount: Held, confirming the decision of Grove and Stephen, JJ., that if an owner pa}--, or enter into an agreement to pay, an excessive amount for salvage services, he cannot recover more than a reasonable amount in general average. Ocean Sfeamshlj) Co. v. Anderson, Tritfon 8f Co. (Court of Appeal, July 30, 1886, before Lord Esher, M.E., and BoM^en and Fry, L. JJ.). shipowner's agency — salving cargo. See " Sue and Labour Clause." termination of voyage at intermediate port — port of ad- justment: Held, that an average adjustment cannot bo made at a port prior to port of discharge, unless it can be prcjved that the voyage terminated there, either by agreement or necessity, i. e., the occurrence of cir- cumstances beyond the control of the owner, and such as rendered the completion of the voyage on the terms INDEX TO MAimiME LAW DECISIONS. 123 Gen. General Average — coniUiucd. originally agreed upon physically impossible, or so clearly unreasonable as to be impossible in a business point of view. Hill v. Wilson (Common Pleas, Marcli 29, 1879, Lindley, J.). underwriter liable to owner of cargo for jettison — value allowed in general average less tlian policy value : Held unanimously, that where goods insured for a certain sum are jettisoned in transit, the jettison being a general average act, the owner of the goods is en- titled to recover from the underwriter the full insured value thereof, without regard being had to the value allowed in general average, and the owner of the goods is entitled to immediate payment as for a total loss, the custom on the part of owners of cargo to collect the general average first, being a custom for the convenience of the parties simply, and not a binding custom. Dickinson v. Jardine (Common Pleas, May 28, 1868, Bovill, C. J. and Willis and Smith, JJ.). values for adjustment — p)utting back to port of ship- ment : Held unanimously, that where a vessel strands and returns to her port of dejoarture after jettisoning part cargo, and the bulk of the cargo remaining on board is found unfit to be sent on to its destination, and the shipper refuses to sujiply another cargo, the adventure terminates accordingly at the said port of shipment, and the average is stated in accordance with the law of such port. The value to be made good iu average is not the value at the time of the jettison, because, if the ship went to the bottom after the jetti- son, there would be no contribution, but the value the goods would have had if they had arrived and had not been thrown overboard, and the value to contribute is the selling price at the port of adjustment. Fletcher V. Alexander (Common Pleas, April 27 and 30, 1868, Bovill, C. J., and Byles and Smith, JJ.). value of cargo at shipment : Held unanimously, confirm- ing the decision of Grantham, J., at Liverpool Assizes, that if a merchant having been asked for the value of cargo for general average, replies, giving a value 124 INDEX TO MARITIME LAW DECISIONS. Gen. General Average — co)it\iiuc(L "at shipment," lie thereby agrees to accept a calcula- tion of general average on the basis of that estimate, and cannot subsequently claim to have the value re- duced to the actual figure at -vrhich the cargo sold at port of destination. The Garstoti Ship Co. v. Hich'e (Hid others (Court of Appeal, Oct. 28, 188G, Lord Esher, M. E., Lindley and Lopes, L. JJ.). •water pumped into hold to extinguish fire : Held, that the value of goods damaged by water pumped into a vessel's hold to extinguish a fire, and not damaged by the fire, must be admitted into a general average state- ment, and that the owners of the vessel are not re- lieved from their liability to contribute thereunder by clauses in their bill of lading, including damage by fire in the excepted perils. Schmidt \. The Royal Mail Steamship Co. (Queen's Bench, May 12, 1876, Black- burn and Liish, JJ.). water pumped into hold to extinguish fire : Held, that where goods on board a vessel are injured by water used to extinguish a fire, the owner of the vessel is bound to give assistance in the preparation of an average statement, notwithstanding clauses in his bill of lading exempting him from all liability for damage to goods which is coverable by insurance, that such clauses only qualified an owner's liability as carriers, and did not preclude contribution to general average. Croohs v. Allen (Queen's Bench, Nov. 23 and Dec. 20, 1879, Lush, J.). water pumped into hold to extinguish fire : Held unani- mously, affirming the decision of Bollock, B., that where water is poured down a vessel's hold to ex- tinguish a fire, and the cargo is thereby damaged, the shipowners are liable to a claim for general average contribution for the damage to cargo caused by water, and the fact that the vessel is in a port of destination and partially discharged does not afltect the question. Whitccross Wire and Iron Co., Limited v. Savill (Court of Appeal, March 24, 27, and 28, 1882, Lord Coleridge, C. J., and Brett and Holkor, L. JJ.). liefer pp. 18, 1 14. INDEX TO MAKITIME LAW DECISIONS. 125 Gen — Har. General Ship, shippers M'ithout knowledge of cliarter. See "Cargo Claims," p. 41. Refer p. 144. Getting underway in Fog. See " Compulsory Pilotage." Globe Light, indicating position. See " Collision," p. 57. Good Order and Condition. See " Cargo Claims," p. 45. Government Form of Charter. See " Salvage," pp. 198, 199, and p. 55. Government Ship. See "Salvage," p. 198. Board of Trade vessel. See " Salvage," p. 195. chartered transport. See "Salvage," pp. 198, 199. foreign mail packet. See " Collision," p. G2. Government Time Charter, mulct of hire — inefficient — expiry of policy. See " Char- tered Freight." Gross Negligence. See " Bottomry." Grounding, not a strand. See "Stranded, Sunk, or Burnt." Gulf of St. Lawrence, "no St. Lawrence." See "Warranties." Half Freight in advance, part cargo destroyed. See " Freight ad vanced." Harbour, foundering in, sea-cocks left open. See " Seaworthiness." Harbour Authorities, ballast or inward cargo ship : Held, that a vessel dis- charging her cargo at a port in England, and there taking ballast to go to Liverpool to load for the West Indies, does not cease to be a vessel arriving in ballast within the meaning of the Mersey Docks Acts Con- solidation Act, by reason of her also taking on board a bale of cotton and a few other articles, and that she 120 INDEX TO MARITIME LAW UECISIOXS. Har— Hir. Harbour Authorities— continued. is not ou that account to Le entitled to rank as a vessel trading inwards within the meaning of such Act. De Gartiny v. The Mcrseij DocJiS and Harbour Board (Common rieas, Nov. 22, 1877, GroveandLindley, JJ.). damage while under orders of harhour-master : Held niianimously, affirming the decision of Sir James Hannen, that where a vessel is, in obedience to bye- laws, being beached in a harbour under the direction of the harbour-master, and damage is occasioned to her by the negligence of the harbour-master in giving an improper order, the Harbour Commissioners are liable for the damage thereby occasioned, even although the orders were given while the vessel was passing through waters properly outside the limits of the authority of the Harbour Commissioners. The Ithosina (Court of Appeal, June, 16, 1885, Brett, M. E., and Baggallay and Bowen, L. JJ., with Nautical Assessors). notified of wreck — duty of lighting. See " Sunken Wreck." removal of wreck by — expenses. See p. 186. striking sunken wreck, improperly lighted. See " Sunken Wreck." unsafe mooring berth : Held, that if a harbour master orders, or agrees to permit, a vessel to proceed to a berth which is proved to have been imsafe, and as a consequence the vessel sustains injury, the harbour authorities are liable to make good such injuries. The Castledale (York Assizes, July 29, 1887, Mathew, J.). wreck damaging pier. See "Damage." Hatches, surv(>y of, full ship. See " Short Delivery." Heating of one part of cargo by another. See " Cargo Claims," p. 41. High Seas, collision on, foreign ship. See " Collision," p. 62. speed on, fog. See " Collision," p. 66. Hire of Ship, general ship. See "Lien," and p, 41. INDEX TO MARITIME LAW DECISIONS. 127 Hoi— 111. Holders of bills of lading- liable for freight, &c. See "Bill of Lading," pp. 15 to 17. Hostilities, preventing salvage of cargo. See "Capture and Seizure." threatened, discharge prevented. See " Lay Days," p. 138. ■war cancellation clause in charter. See p. 53. Hove-to, forereaching one and a-half knots. See " Collision," p. 62. Hypothecation of freight. Sec " Managing Owner ;" " Mortgage." Ice, delivery of cargo short of destination. See " Charter- party," p. 47. preventing loading. See " Lay Days," pp. 137, 139. Ignorance of danger of mixing certain cargoes. See "Cargo Claims," p. 41. Illegal shi2:>ment of deck cargo by master — barratry. See "Deck Cargo." Illegal Insurance. "An Act to regulate Insurance on Ships belonging to the Subjects of Great Britain, and on the Merchandise or Effects laden therein (19 Greo. 2, c. 37, s. 1). — Whereas it hath been found by experience that the making assurances, interest or no interest, or without further proof of interefit than the policy, hath been pro- ductive of many pernicious practices, whereby great • numbers of ships, with their cargoes, have either been fraudulently lost and destroyed or taken by the enemy in time of war ; and such assurances have en- couraged the exportation of wool and the carrying on many other prohibited and clandestine trades, which by means of such assurances have been cancelled, and the parties concerned secured from loss, as well to the 128 INDEX TO MARITIME LAW DECISIONS. 111. Illegal Insurance — coutimicd. diminution of tlie public revenue as to the great detriment of fair traders ; and by introducing a mis- chievous land of gaming-, or Avngering, under the pre- tence of assuring the risk on shipping and fair trade, the institution and laudable design of making assur- ances hath been perverted; and that which was intended for the encouragement of trade and navigation has, in many instances, become hurtful of and destructive to the same. For remedy whereof, be it enacted, &c., that from and after the 1st Aug. 1746, no assurance or assurances shall be made by any person or persons, bodies corporate or politick, on any ship or ships belonging to His Majesty, or an}- of his subjects, or on any goods, merchandise, or effects, laden or to be laden on board of any such ship or ships, interest or 7io interest, or u-ithout further j^roof of interest than the 2)oHcy, or by way of gaming or wagering, or icithout benefit of salvage to the assurer, and that every such assurance shall be null and void to all intents and purposes." "interest admitted:" Held unanimously, affirming the decision of Pollock, B., that the words, "full interest admitted " inserted in a policy of insurance made such policy a "wagering" policj'-, and, consequently, one that could not be sued upon. Berridcje v. llie "-Man on " Marine Insurance Co., Limited (Court of Appeal, Jan. 18, 1887, Brett, M. E., Bowen and Fry, L. JJ.). policy unstamped fliot illegal. See " Policy unstamped." without benefit of salvage — profits : Held unanimously, that although an insurance on profits is perfectly legal, the addition to the policy of the words " withoiit benefit of salvage," even if made by the underwriter, voids the policy under 19 Geo. 2, c. 37, s. 1, and such a policy cannot then be sued upon. Mortitner v. Broad- wood (Common Pleas, May 3, 1869, Bovill, C. J., and Smith and Brett, JJ.). without benefit of salvage — open policy : Held, tliat an open policy of insurance on profits and commission, if containing a clause "without benefit of salvage, but INDEX TO MARITIME LAW DECISIONS. 129 111— Inc. Illegal Insurance — contuuccd. to pay loss on such part as does not arrive," is -within 19 Geo. 2, c. 27, and is void because of the words " without benefit of salvage," even although it can be proved that they were not wager policies. Allkins v. Jnpe (Common Pleas, April 19, 1877, Grove and Lindley, JJ.). Immediate Danger, See " Salvage," pp. 200, 20G. Impending Loss, of thing sacrificed. See " General Average." Improper Lights, master's duty — pilot's orders. See " Compulsory Pilot- age." Improper Navigation, collision — steering gear not acting. See ' ' Limitation of Liability." liefer pp. 63, 72. port improperly fastened. See "Indemnity Association." Improper Stowage. See " Cargo Claims," pp. 41, 43, 45. In Distress, See " Distress." on the shore. See " Barge not propelled by oars." Inception of Risk, including risk of craft, trans-shipment, landing, and re- shipment : Held unanimously, affirming the decision of the Court of Common Pleas (Willes and Keating, JJ.), that a policy of insurance containing the words " including risk of craft, trans-shipment, landing, and re-shipment," does not cover the risk of goods ware- housed for the purpose of being packed or pressed, or to await a vessel's ariival. Australasian Agricultural Co. V. Saunders (Exchequer, June 19, 1875, Bramwell, B., Blackburn, Lush and Quain, JJ., Pollock and Amphlett, BB.). Refer pp. 12, 92. lighters alongside lost. See " Freight." re-insurance declarations. See " Open Policy." Incorrect Adjustment, recovery of amount overpaid. See "Average adjust- ment." D. K 130 1M5EX TO MARITIME LAW DECISIONS. Ind— Ins. Indemnity Association, cargo claims — improper navigation — port improperly fastened : Held, tliat a clause in the rules of an in- demnity association, wluch included damage to goods or merchandise " caused by the improper navigation of the shij) carrying the goods or merchandise, or of any other ship (but not from damage caused by bad stowage)," covered the case of damage to cargo by leakage through an insecurely or improperly fastened port which had been used in loading cargo, and that owners were entitled to be indemnified by the associa- tion for the amount of such damage paid to owners of cargo. Carmicliacl &,' Co. v. Liverpool Sailing Ship- oivners' Mutual Indemnity Association (Queen's Bench, Dec. 13, 1886, before A. L. Smith and AVills, J J.). Indorsees liable for freight. See " Bill of Lading," pp. 15 to 19. Indorsees and Consignees, See " BiU of Lading." Inevitable Accident, cables parting. See " Collision," p. 63. steering gear not acting. See "Collision," pp. 63, 72. Inevitable Collision, error of judgment not then contributory negligence. See "Collision," p. 61. Inevitable Loss of Thing Sacrificed. See " General Average." Infectious Disease, loan of navigator. See " Salvage," p. 201. Infringement of Regulations. See " Collision." Inherent Vice, cargo destroyed by fire. See " Freight." ignorance thereof. See "Cargo Claims," p. 41. machinery — wear and tear. Sec "Machinery Claims." steering gear not acting. See " Collision," xu^- C3, 72, and p. 161. Inspection by Trinity Masters. See " Collision," p. 64. INDEX TO MARITIME LAW DECISIONS. 131 Ins. Inspection of Repairs, overlooking bad workmansMp. See " Ship Eepairers." Insufficient answers to interrogatories. See "Interrogatories." ballast— jettison of cattle. See " Cargo Claims," p. 36. coal — towage interrupted. See " Tug and Tow." dunnage — seaworthiness. See "Cargo Claims," p. 41. power — towing too many vessels. See " Tug and Tow." Insurable Interest. See " Freight ;" " Freight Advanced." advanced freight — valued policy: Held unanimously, reversing the decision of the Court of Common Pleas (Denman, J.), that where charterers effect an insur- ance on freight, valued at a sum inclusive of gross freight and advances, including chartering commission, and the owner insures the gross freight and recovers the amount thereof after loss, and the charterers, who have insured their advances by a separate policy, re- cover the amount thereof, the shipowner cannot recover anything further from the underwriters with whom the charterers effected the insurance for an amount greater than the gross freight, on the plea that it was valued in the policy for an amount which they were entitled to insure and have not recovered. Under a valued policy it may be shown what it was that was intended to be valued, with a view to disputing in- terest in the whole subject of valuation, although the amount of the valuation itself can be disputed only on the 'ground of fraud. Williams v. llie North China Jns. Co. (Court of Ai^peal, May 30, 31, and June 1, 1S76, Cockburn, C. J., Jessel, M. E., Hellish, L. J., and PoUock, B.). Insurance Broker, agency of. See " Concealment." omitting to use telegraph. See "Broker omitting to telegraph." Insurance in Excess of Value. See " Value in Policy." k2 132 1X11EX TO MARITIME LAW DECISIO^'S, Ins — Inw. Insurance Premium, See "Mutual Insurance;" "Necessaries;" " Premium." included in demurrage allowance. See " Demurrage." Insured Value, Sec " Value in Policy." exceeding value allowed in general average. See " General Average." Interest, added to 8/. per ton. See " Limitation of Liabilitj^" admitted. See " Illegal Insurance." excessive in bottomry bond. See " Bottomry." or no interest. See " Illegal Insurance." Avitliout furtlier x^roof of. See "Illegal Insurance." Intermediate Port, cargo-owner asking delivery of damaged cargo. See " Pro rata Freight." terminating voyage at. See " General Average." Interpleading, holders of one part of bill of lading claiming delivery. See "Bill of Lading," p. 17. Interrog-atories, answers to. See " Managing Owner." improper answer. See " Collision," p. G9. insufficient answer : Held unanimously, reversing the decision of Field and Cave, JJ., and affirming a prior decision of Williams, J., that in an action by owners of cargo against shipowners, interrogatories may be administered to the owners of the ship inquiring respecting the details of the navigation thereof at the time the accident happened, and the shipowner is not excused from answering such interrogatories on the ground that he has no jiersonal knowledge of the facts inquired about, if his servants or agents possess the necessary information, and it has come to their know- ledge in the ordinary course of business. Bolckoic, Vaufjhan Sf Co. y. Fisher {Qowri of Appeal, Nov. 16, 1882, Baggallay, Brett, and Lindley, L. JJ.). Inward Bound, Mersey Acts — cargo or ballast. See " Ilarbour Au- thorities." INDEX TO MARITIME LAW DECISIONS. 133 Jet — Lan. Jettison, after part cargo salved, liability of salved cargo. See " General Average." deck cargo, at shipper's risk. See " General Average." deck cargo, cattle. See "Cargo Claims," p. 3G; "Deck Cargo." deck cargo, improper jettison of. See " General Average." deck cargo, wood goods. See " Deck Cargo ; " " General Average." lighten vessel, common safety. See " General Average." part cargo. See " Freight, Lump sum." underwriters liable for total loss in case of. See "General Average." value of thing jettisoned. See " General Average." Jettison or Leakage, free from claim arising from. See " Special Clauses." Judge and Jury, judge refusing to put questions to jury. See " Master's Agency." jury finding negligence, evidence contradictory. See " Cargo Claims," p. 44. jury to decide question of damages. See " Conference Lines." jury to decide questions of seaworthiness. See "Sea- worthiness." master's right to jury. See " Master's Wages, &c." salvors disagreeing, right to jury. See " Salvage," p. 197. Keel, duty to dredge in river with anchor down. See " Col- lision," p. 72. Laches of master, not exercising lien at once. See "Master's Wages, &c." Landlord of building yard arresting ship. See "Lien." 134 INDEX TO MARITIME LAW DECISIONS. Lap— Lay. Lapse of Policy during voyage. See " Time Policy." prior to the commencement of repairs. See " Cliartered Freight." without notice. See '* Mutual Insurance." Last on Board liahlo for demurrage — different consignees. See "Lay Days " p. 135. Last Port, ten days after sailing. Sec " Freight Advanced." Late Delivery, of goods after collision. See "Cargo Claims," pp. 40 to 43. Latent Defect, machinery — seaworthiness. See "Salvage," ]). 204. shaft. See "Seaworthiness," and p. 153. steering gear. See "Collision," pp. G3, 72, and p. 151. telegraph cable. See " Seaworthiness." Launcli, not a ship. See "Limitation of LiaLility." precautions before. See "Collision," p. G4. vessel anchored in way of. See " Collision," p. 64. Lay Days, accidents beyond charterer's control — snowstorm : Held, that where in a charter-party there was an exception in charterer's favour to the loading within a stipulated time "in case of riot, strikes, or any other accident beyond their control, and which may prevent or delay her loading," the fact of a severe snowstorm inter- fering with and interrupting the bringing of the cargo to the place of shipment did not constitute an excep- tion within the meaning of the clause, a snowstorm not being an accident. Femvick v. Schmalz (Common Pleas, Feb. 12, 1868, Willes and M. Smith, JJ.). all other conditions as per charter-party: Held unani- mously, affirming the decision of Lush, J., that where bills of lading contain the clause " all other conditions as per charter-party," and according to the charter- party demurrage has become due, the owner of the INDEX TO MARITIME LAW DECISIONS. 1-35 Lay. Lay Days — continued. goods last on board is liable on liis bill of lading for tbe demurrage, even although the delay giving rise thereto has not been caused through any fault of his, but because receivers of cargo stowed above his goods did not take delivery fast enough. Porteous v. Watney (Court of Appeal, May 4, 16, 17, and July 2, 1878, Brett, Cotton, and Thesiger, L. JJ.). as near thereto as she may safely get : Held unanimously, affirming the decision of the Court of Appeal (James, Brett, and Cotton, L. JJ.), which reversed a prior decision of Jessel, M. E., that although the primary obligation of a ship under charter is to proceed to the I)lace and dock (if any) named in the charter-party, it is not necessary in order to free the ship from this obligation, and to substitute an alternative destination, that^'she should be prevented by a permanent physical obstruction, but if the obstruction is such as to cause an unreasonable delay in a mercantile sense she becomes so released. For example, if a steamship be chartered to discharge in a particular dock " or so near thereto as she may safely get and lie always afloat ... the cargo to be received at port of discharge as fast as steamer can deliver," and the dock is so crowded that the authorities refuse to admit her, and cannot promise to do so for a month at least, the steamer is to be taken to have got " as near thereto as she can safely get" when she is moored outside the said dock, and the merchant is bound to take delivery of the cargo there into lighters or to name another near dock. When the parties to a mercantile contract, such as that of affreightment, have not expressed their intentions in a particular way, a court of law, in order to ascertain the implied meaning of the contract, must assume that the parties intended to stipulate for what is fair and reasonable, having regard to the common interests and to the main objects of the contract. Dahl Sf Co. V. Nelson, DonUn &; Co. (House of Lords, Nov. 16, 17, 23, 24, 1880, and Jan. 13, 1881, Lord Chancellor Selborne, Lords Blackburn and Watson). 136 INDEX TO MARITIME LAW DECISIONS. Lay. Lay 'Days—co>iti)ntrd. at all times of the tide: Held, that Tvhere a cliarter- jiarty provides that a vessel shall proceed to Sharpness **or so near thereto as she may safely get, at all times of the tide and alwaj's afloat," the ship is not bound to reach a place within the ambit of the port of Sharp- ness, and the shipowner is relieved by the words "at all times of the tide " from any liability to wait a reasonable time for the tide, that, therefore, he is entitled to demurrage on the basis of the voyage having- terminated on the ship's arrival at the nearest place to Sharpness that she could reach with full cargo on board in the state of the tides prevailing at the time of her arrival. Horsley v. Price ^ Co. (Queen's Bench, June 9 and 16, 1883, North, J.). 72p/erpp.48,53. custom of port : Held unanimously, affirming the decision of Pollock, B., that when a custom of tTie port of dis- charge, not inconsistent with the express wording of the charter-party, is clearly proved to the effect that a vessel with so many running days, Sundays excepted, to load and discharge, usually discharges a part of her cargo sufficient to lighten her at one place within the port and thereafter proceeds to another place within the said port there to comjdete her discharge, the time occupied in discharging at both places, but not the time occupied in shifting from one place to another, to count as lay days, such custom is binding upon both parties to the contract of affreightment, and lay days count only in accordance with such custom. Nielsen Sf Co. V. Wait, James Sf Co. (Court of Appeal, Nov. 3, 1885, Brett, M. E., and Cotton and Lindley, L. JJ.). custom of port — discharge with all dispatch : Held, that where in a charter-party it is stipulated that the cargo sliall be discharged "according to the custom of the port for steamers," if a custom is alleged which is un- reasonable, it is for that reason void in law ; as for instance, where grain merchants at a certain j)ort have taken delivery of cargoes of grain from Indian ports at the rate of 1,000 quarters per day average, for three ^•ears past, since the importation of Indian grain com- ( INDEX TO MARITIME LAW DECISIONS. 137 lay. Lay Hays— cont'uiutrL menced at the port, such a custom is unreasonable and unjust, and therefore void; and further, that the words in the charter mean, according to the usage and mode and manner in which cargoes are discharged, and cannot bear the meaning sought to be -put upon them. Held {j)er finding of the jury), that a usage to take delivery of cargoes at the rate of 1,000 quarters per day, had not become a valid custom in the course of three years. Taylor, Ahrahams v. Budgett (Bristol ^ Assizes, Aug. 2 and 3, 1886, Manisty, J.), detention by ice not reckoned as laying days: Held unanimously, affirming the decision of the Queen's Bench (Cockburn, C. J., Blackburn, Mellor, and Shee, JJ.), that where in a charter-party it is stipulated that detention by ice is not to be reckoned in the laying days, that stipulation covers detention consequent upon a river being frozen over by which the cargo must necessarily be brought to the port, the port itself having no warehouses or accommodation of any kind for the storage of cargoes, the conveyance by river must be considered as a part of the act of loading, and whenever access to the ship from one of the storing places from which the cargo was conveyed direct to the ship was interrupted, the exception in the charter- party would apply ; the fact of there being no storage at the port itself being well known to persons engaged in trade with the port, must be taken as the basis of the contract, even although unknown to the owner. Hudson \.Ede (Exchequer, Feb. 4 and May 11, 1868, Kelly, C. B., AVilles, Keating, and M. Smith, JJ., Bramwell and Channell, BB.). Refer p. 139. discharge as fast as custom of port will allow: Held unanimously, affirming the decision of Field, J., that a custom of the port of discharge limiting the number of tons to be discharged must be clearly proved, and if it is not proved that any custom exists as to the dis- charge of the particular cargo in question, the law will \m\Ay a contract of discharge within a reasonable time, or, which is the same thing, with due diligence. 138 INDEX TO MARITIME LAAV DECISIONS. Lay. Lay Days — continued. Fuirlcr V. Knoop (Court of Appeal, Nov. 18, 19, and Dec. 10, 1878, Bramwell, Brett and Cotton, L. JJ.). discharge at a wharf — wharf engaged : Held, that where in a charter-party a vessel is to proceed to a particular wharf, or so near thereto as she may safely go, and there deliver her cargo, if on arrival the master finds the wharf occupied by another vessel, and it is not a condition of the contract that he shall wait turn to unload, he is justified in taking his vessel into the nearest availahle berth, and there delivering his cargo, and the cargo owners are liable for expenses in con- nection therewith. Smith v. Wallace (Queen's Bench, !March 5, 1887, Denman, J., and a Special Jury). discharge at railway wharf : Held, that the place of destination under a charter-party containing this clause is the railway wharf, and that a vessel's lay days do not commence until she is brought alongside thereof. Murphxj y. Coffin ^^ Co. (Queen's Bench, Dec. 13, 1883, Mathew and Day, JJ.). discharge in the customary manner : Held imanimously, affirming the decision of the Queen's Bench (Cockburn, C. J., Blackburn, Mellor, Lush and Hannen, JJ.), that where a charter-party is silent as to the number of days to be occupied in the discharge of the cargo, the contract implied by law is that both merchant and shipowner shall use reasonable dispatch ; and if a delay in discharging the cargo be caused by some unforeseen occurrence over which the merchant has no control, as, for instance, a prohibition by the port authorities in consequence of threatened hostilities, he is not responsible for the loss caused by such delay. Ford V. Cotestcorth (Exchequer, June 18, 1870, Kelly, C. B., Keating, Montague 8niith and Brett, JJ., Martin, Channell and Cleasby, BB.). discharge with all dispatch according to custom of port : Held unanimously, affirming the decision of the Court of Appeal (Brett and Thesiger, L. JJ., Cotton, L. J., dissenting) and a prior decision of Kelly, C. B., and Hawkins, J., that where in a charter-party it is pro- INDEX TO MARITIME LAW DECISIONS. 139 Lay. Lay Days — coniimtcd. vided that the ship is to be discharged with all dispatch according to the custom of the port, and the vessel arrives at the port of discharge at a time when it is very full of shipping, and in consequence of an in- sufficiency of suitable lighters is detained for over a month waiting her turn to discharge, the discharge by means of lighters being according to the custom of the port, the impediment to the due discharge of the ship is an impediment inseparable from the said custom, and the charterer is not liable for demurrage. Although the charterer under the before-named clause is bound to discharge the cargo within a reasonable time, the question whether the time is reasonable or unreasonable must be judged with reference to the means and facilities available at the port, and to the facilities and course of business at the port. Postlethwaite v. Freeland (House of Lords, May 7, 10, 11, and June 7, 1880, Lord Chancellor Selborne, Lords Hatherley and Blackbui-n). Refer ^.U\. "■ dock as ordered on arrival, if sufficient water " : Held, that where a charter-party provides that "the ship shall proceed to a port to discharge in a dock as ordered on arriving, if sufficient water, or so near thereunto as she may safely get always afloat," it is incumbent upon the charterer to name a dock in which there is " suffi- cient water " for the ship to enter " on arriving," and that the owner is not bound to wait till the tides permit the entry of his ship into the named dock. Allen v. CoKari ^- Co. (Queen's Bench, May 29, and June 12, 1883, Cave, J.). liefer p. 137. frost preventing loading: Held unanimously, affirming a decision of the Court of Appeal (Brett, M. E., and Lindley and Fry, L. JJ.), reversing a decision of Pollock, B., that where in a charter-party the charterer is not liable for demurrage if the loading is prevented by frost, this exception apjjlies only to frost which pre- vents the actual loading of the cargo, or which pre- vents the cargo from being obtained from the only place where, according to known mercantile custom, it can be obtained, and not to frost which prevents cargo 140 INDEX TO MARITIME LAW DECISIONS. Lay. Lay Days — cmit'viuciJ. being broiig'lit from a particular place by canal, even though only a short distance, when other modes of con- veyance are available, or the same description of cargo obtainable from other places. Grant Sf Co. v. Cover- dale, Todd cV Co. (House of Lords, March 21 and 24, 1884, Lord Chancellor Selborne, Lords Watson, Bram- well and Fitzgerald). Kay v. Field confirmed. mornings and evenings, whole days. ^See Idem, p. 141. prompt dispatch in tui-n : Held unanimously, reversing a decision of the Court of Queen's Bench for Lower Canada, and reviving a prior decision of the judge of the Superior Court, that where in a charter a vessel is to have prompt dispatch in turn, the meaning of such a clause is, that charterers shall have the coals ready ; and where delay has taken place because the production of the mines did not equal the facilities of the port, prompt dispatch not having been given, the owners are entitled to demurrage. Elliott v. Lord (Privy Council, Feb. 4 and March 8, 1883, Eight Hon. Lord Blackburn, Sir Barnes Peacock, Sir Eobert Collier, Sir Pichard Couch, and Sir Arthur Hobhouse). ready qviay berth as ordered by charterer : Held, affirm- ing the decision of Mathew, J., that this clause in the charter-party of a vessel makes it obligatory on the charterers to name and provide a ready quay berth, and that any delay caused by their failure to do so, though not, strictly speaking, demurrage, the damages are yet sufficiently in the nature of demurrage to come within the demurrage clause in the charter-party, and that, accordingly, owners have a lien on cargo for same. Harris and Dixon V. Marcus, Jacobs ^- Co. (Court of Appeal, June 4th, 1885, Brett, M. P., Baggallay and Lindley, L. JJ.). regular turn — bad weather : Held, that where a vessel is chartered to load in regular turn, and, thi'ough default of charterers, misses her turn, so losing eleven daj's, and at the end of the eleven days tlie weather is so stormy that the harbour-master will not allow the vessel to move for three days, the charterers are liable for the wliole fourteen day's deniunagp. their default INDEX TO MARITIME LAW DECISIONS. 141 Lay. Lay Days — contumed. being the proximate cause of the further detention of the vessel for these days. Jo7ies v. Adamson (Ex- chequer, Nov. 5, 187o, Cleasby and Amphlett, BB.). scarcity of lighters : Held unanimously, that where the time for unloading is not named in the charter-party, the charterer is bound, on the arrival of the ship at the usual place of discharge in the port of discharge, to have the necessary appliances at hand for the discharge of the ship within a reasonable time, that is, within the time usually needful for the discharge of such a ship, and he cannot plead the crowded state of the port, and the consequent scarcity of lighters, as an answer to a claim for damages for detention. Wrujht v. The New Zealand Shipping Co. (Court of Appeal, June 27 and 28, 1878, Bramwell, Cotton, and Thesiger, L. JJ.). See also " Fosllefhwaiie v. Freeland," p. 138. ship repairers liable for delay. See " Ship Eepairers." working days for discharge— bad weather : Held, that when a given number of days is allowed to a char- terer for unloading, a contract is implied on his part that, from the time when the ship is at the usual place of discharge, he will take the risk of any ordi- nary vicissitudes which may occur to prevent his re- leasing the ship at the expiration of the lay days; that, therefore, when the vessel having commenced to unload a cargo of timber, is prevented by the state of the weather from continuing to place the logs in the water and raft them as customary for four days, these fou.r days are to be reckoned as working days. Thiis V. Bijers (Queen's Bench, Feb. 16, and March 6, 1876, Blackburn and Lush, JJ.). working days— Sundays— part days : Held unanimously, that "lying days" mean working days, and that Sun- days are excluded ; that if a vessel be discharged by 8 a.m. on a certain day the full day's demurrage can be claimed ; that if a vessel commence to load late in an afternoon, that day may be counted as a working day. Commercial S.S. Co. v. Boulton (Queen's Bench, June 16, 1875, Mellor, Lush and Quain, JJ.). 142 INDEX TO MAlllTIME LAW DECISIONS. Lea — Lia. Leakage, free from average or claim arising from. See -'Special Clauses." not accountable for. See "Cargo Claims," pp. 41, 43. Lee Shore, pilots putting to sea in gale. Sec " Salvage," p. 203. Letters from master to owners. See "Evidence." Letters of Marque, British ship. See " Foreign Flag." Liability, charterer's liability to cease "^hen cargo shipped. See "Charter-party," p. 49. club calls, co-owners. See "^Mutual Insurance." limited company owning vessel. See " Mutual In- surance." purchaser of shares. See " Mutual Insurance." hai'bour authorities — improj^er orders. See "Harbour Authorities." sunken wreck, badly lighted. See " Sunken "Wreck." unsafe berth. See "Harbour Authorities." indorser of bill of lading for freight, &c. See "Bill of Lading," j)p. 15 to 19. life salvage, vessel lost, cargo to pay. See ' ' Salvage," p. 201 . passengers' luggage, special contract. See " Passengers' Luggage." removal of jvreck. See "Eemoval of AVreck." salved goods to contribute to a subsequent general aver- age. See "General x'Vverage." ship agent for extra pilotage. See " Pilotage." shipowners to general average for excepted damage. See " General Average." negligence of servants. See " Cargo Claims," pp. 35, 36. towage agreement, cargo's share. /SVe " Salvage," pp. 205, 206. towage agreement, vessel lost. See "Salvage," p. 206. ship repairers for delay. See " Ship Repairers." unworkman-like materials. See " Ship Pepairers." INDEX TO MARITIME LAW DECISIONS. 14u Lib — Lie. Liberties as per bills of lading. See " Deviation." Liberty to call at any port in any order — deviation. See "Cargo Claims," p. 40. Liberty to Dock, moored iu river — termination of risk : Held unanimously, reversing th.e decision of Erie, C. J., with, a jury, that a poKcy of insurance against fire "while in the Victoria Docks, London, comprising the clause " With liberty to go into di-y dock and light the boiler fires once or twice during the currency of the policy," did not cover the vessel while moored in the river after coming out of dry dock, even although she was so moored simply for the purpose of replacing her paddle-wheels, which had been removed to enable her to dock ; she ought to have been removed back forthwith to the Victoria Dock to keep her policies valid. Pearson v. Commer- cial Union Assurance Co. (Common Bench, Nov. 18, 19, 24, 1863, Erie, C. J., and Williams and Keating, JJ.). liefer^. 151. Liberty to Tov/ Vessels in Distress. See " Cargo Claims," p. 40. Refer p. 105. Lien, advances by managing owner. See "Managing Owner." agent not receiving transfer of master's lien. See " Pro rata Freight." agent on salved cargo. /S'ee "Salvage," p. 199. Refer-^.l^Z. assignee of freight. See "Managing Owner," and p. 165. bill of lading for part freight paid. See " Acceptance in. exchange for documents." loss on sales "to arrive." See "Acceptance in ex- change for documents." over goods for short delivery under other bills of lading, See "Bill of Lading," p. 18. demurrage — cargo last on board. See "Lay Days," p. 134. flat owners on cargo raised in their flat. See " Salvage," p. 201. Refer i^. 150. 144: INDEX TO MAlUriME LAW DECISIONS. Lie. Lien — con tin ucd. freight assigned by managiug owner. ^See " Managing Owner." cargo damaged, refusal of shipowners to re-ship. See "Cargo." hire of ship— time charter — general ship— owner's lien : Held, that a shipowner has no lien on cargo in the case of his vessel being hired to a firm who advertise her as a general ship without notice of charter-party, and receive goods, giving receipts for same, but no bills of lading, even although it be a condition in the charter that the owner is to have a lien for hire. The Stcrnowmj (Admiralty, March 21 and 22, 1882, Sir E. PhiUimore and Trinity Masters). Refer p. 41 . master's. See " Master's AVages." not transferred to agent. See " Pro rata Freight." ships' papers after dismissal. See "Master's Wages." material men — order of payment — seamen's wages — re- pairers in possession : — Held, that where judgment has been obtained by material men against a foreign ship, and the said ship is in dry dock, and the repairers, after the first judgment is obtained, also obtain judg- ment and sundry other claimants come forward, in- cluding seamen who claim for wages, and the ship is sold and does not realize sufficient to satisfy the claims, the seamen are first to be paid their wages earned be- fore the lien commenced and expenses home, and then the material men who first obtained judgment are to have their costs, and thereafter the repairer's j)ossessory lien is to be satisfied before the material men can recover the amount for which they originally sold the vessel and obtained judgment. Jlie Immacola Concezzione (Admiralty, Dec. 20, 1883, Butt, J.). AV/er p. 146. mortgagees in possession. See "Mortgage" ; "Neces- saries." not transferable. See " Bottomry." necessaries supplied in British possession to British ship : Held unanimously, reversing the decision of the judge of the Yice-Admiralty Court, at Gibraltar, that mate- rial men supplying necessaries to a British vessel in a INDEX TO MARITIME LAW DECISIONS. 145 Lie. Ijien — contbntrd. British possession in which, a Vice-Admiralty Court is established, do not acquire a maritime lien, and the ship, when in the hands of subsequent purchasers for value without notice of the debt, cannot be made chargeable with the necessaries. Laws aiid others v. Smith (Privy Council, Nov. 20 and 21, 1883, andFeb.9, 1884, Eight Honourables Lord Fitzgerald, Sir Barnes Peacock, Sir Eobert Collier, Sir James Hannen, Sir Pichard Crouch, and Sir Arthur Hobhouse). necessaries supplied to foreign ship : Held unanimously, affirming the decision of the Court of Appeal (Brett, M. P., Bowen and Fry, L. JJ.), which reversed a decision of Sir James Hannen, that the statute 3 & 4 Yict. c. 65, s. 6, does not create a maritime lien in resjoect of necessaries supplied to a foreign ship in an Enghsh port, and, there having been no maritime lien for necessaries prior to the passing of that Act, material men cannot enforce their claims by pro- ceedings in rem against a ship in the hands of a sub- sequent purchaser for value. Northcote v. Owners of Heinrich Bjorn (House of Lords, Feb. 23, 25, 26, and April 5, 1886, Lords "Watson, Bramwell, and Fitz- gerald). necessaries supplied to foreign vessel in colonial port : Held unanimously, affirming the decision of Sir P. Phillimore, that when the captain of a foreign vessel in a colonial port draws upon a firm of brokers for the amount of his disbursements, which draft is duly met, the brokers have a lien on the vessel for the amount thereof, in default of payment by the owners. 21ie Anna (Court of Appeal, May 18, 1876, James, L. J., Baggallay, J. A., and Lush, J.). policies of insurance — unpaid premium : Held unani- mously, affirming the decision of the Court of Appeal (Cockburn, C. J., James, Bramwell, and Brett, L. JJ.), which reversed a judgment of Kelly, C. B., and Cleasby, B., that if a shipowner employs a broker to effect insurances and the broker engages another D. L 146 INDEX TO MARITIME LAW DECISIONS, Lie. Iiien — Clint ill lu'd. broker elsewhere to effect the same, the owner being cognizant thereof, the latter broker having paid the premium has a lien upon the policies for such pre- mium as against the shipowner, even although the shipowner have paid the first broker the amount thereof. Fis/ier v. Smith (House of Lords, Nov. 14, 1878, Lord Chancellor Cairns, Lords Penzance, O'llagan, and Selborne). salved cargo by ship agent. See " Salvage," p. 199. seaman's wages— priority of lien : Held unanimously, affirming the decision of Sir Eobert Phillimore, that where in a damage action the ship in fault, being a foreign ship, has been sold, and the proceeds brought into Court are insufficient to satisfy the claims against same, the plaintiffs in the damage action are entitled to pajTuent of their claim in precedence to the seamen's claim for wages earned before and after the collision, they having their remedy against the owner, who is not stated to be insolvent, and it being consequently unnecessary to decide what would be done in a con- trary case, the intention being not to relieve the owner of the wrong-doing ship at the expense of the plaintiffs in the damage action. The Elin (Court of Appeal, May 4, 1883, Brett, M. E., and Cotton and Bowen, L.JJ.). liefer^. UA. priority over light dues. See " Seaman's Wages," sub-charter — on freight under. See " Seaman's Wages." ship in course of building — rent of yard : Held, that where a shipbuilder having contracted to build a ship, and having received certain agreed instalments in part payment thereof, falls into arrears with his rent, the landlord may distrain for the rent due upon the ship, even though some of the materials of which the ship is built have been furnished, and more than the stipu- lated instalments paid, by the person for whom the ship is being built. Clarke v. 2'he Millwall Dock Co. (('uoen's Bench, June 19, 1885, Pollock, J.). solicitor's, on claim. See " Seaman's Wages." INDEX TO MARITIME LAW DECISIONS. 147 Lif— Lig. liife, Loss of, passenger's contract : Held, that -where the ticket of a passenger contained a notice that the shipowner would not be responsible for loss or damage of luggage, or for maintenance or loss of time during any detention of their vessels, nor for delay arising out of accidents, nor for any loss or damage arising from perils of the sea, or default of pilot, master, or seamen, the last- named exception was intended to apply to loss of life. Haigh V. The Royal Mail Steam Packet Co. (Queen's Bench, March 7, 1883, Cave, J.). seaman's representatives' claim. Sec " Collision," p. 70. settlement of all claims for. See "Limitation of Lia- bility." Life Salvage. See " Salvage," p. 200 ; " Deviation." Light extinguish ed by belligerents. See ' ' Capture and Seizure. ' *■ Light Dues, coaling port — bunkers : Held, that where a steamer in ballast calls at a British port for the purpose of taking coals to be used as a "motive power" merely, the owner is not liable to -pay light dues, even although her bunkers being full she takes a considerable quan- tity in one of her holds in addition, always providing that it can be proved that the quantity taken is for the steamer's use only, and is not an imreasonable quantity to take for the purposes of the intended voyage. Samman v. Corporation of Trinitij House (Queen's Bench, Ajiril 26, 1887, A. L. Smith, J.). coaling port — bunkers : Held, that a steamship on pas- sage from foreign port to foreign port may call at a port for coal, and take sufficient thereof in her bunkers and hold to serve for out and home passages without rendering her liable to payment of light-dues, and that coal being a necessar}', sect. 396 of the Merchant Ship- ping Act, 1854, applied in such a case. The Alhano v. The Nettuii) (Sunderland Magistrates, Jan. 28, 1887). priority of lien for wages. See " Seamen's Wages." l2 148 INDEX TO MARITIME LAW DECISIONS. lig — Lim. Lighterage, cargo to and from alongside. See " Charter-part}^," p. 52. contract of liglitcrman. See " Concealment." lightening before arrival. See " Lay Days," p. 13G. lighters alongside lost. See " Freight." merchants to provide lighters. See "Lay Days," pp. 138, 141. near thereto as she can safely get. See "Charter-party," pp. 47, 48, 53. safe port — always afloat. See "Charter-party," p. 48. scarcity of lighters. See "Lay Days," pp. 138, 141. too deep to cross bar — cargo shipped. See " Charter- party," p. 47. liights. See " Collision." Jie/er pp. 30, 81. Lighting Wreck. See " Sunken Wreck." Limit of Price, sale at more than — sub-agent. See " Sale of Ship." Limitation of Liability, both to blame. See "Collision," p. 58. liefer p. 38. both vessels one owner. See " Collision," p. 57, and p. 204. cattle, limit i)er head. See "Bill of Lading," p. 20. crew space in foreign ship : Held, that in an action for limitation of liability, a foreign ship is entitled to make ■deduction from her tonnage on account of crew space, Tinder the Merchant Shipping Act, 1884, although she may not have complied with the requirements of the Act of 1867. T/ie ralermo (Admiralty, Dec. 9 and 10, 1884, Butt, J.). deductions from tonnage, crew and engine space : Held unanimously, reversing the decision of Sir E. Philli- more, that the gross tonnage, " without deduction on account of engine-room," on which the limited liability of owners of steamships is calculated is the total mea- surement of the ship, obtained by the rules of measure- ment given in the Merchant Shipping Act, 1854, and including the space or spaces occupied by the crew, unless the provisions of the Merchant Shipping Act, 18G7, with regard to such spaces are complied with, INDEX TO MARITIME LAW DECISIONS. 149 Lim. Limitation of "Lisihility—contiinied. whether the steamships be British or foreign. The Franconia (Court of Appeal, July 19, 1878, James, Brett and Cotton, L. JJ.J- double collision. See " Collision," p. 65. interest added to limit of 8/. per ton : Held unanimously, that where, in a collision action, the damages have been referred to an arbitrator to assess the amount thereof, and the arbitrator finds for an amount in excess of 8/. per ton, but not in excess of such amount with 4 per cent, interest added, the Court will allow interest, and refuse to limit the shipowner's liability to %l. per ton inclusive thereof. Smith v. Kirbij (Queen's Bench, Dec. 15, 1875, Blackburn, Quain and Archi- bald, JJ.). launch not registered as a ship : Held, that a vessel at the time of her launch, and before registration, is not a British ship, and cannot therefore avail herself of the limitation of liability granted by sect. 54 of the Mer- chant Shipping Act, 1862, for damage done to another vessel. The Andalusian (Admiralty, July 24 and 30, 1878, Sir E. Phillimore). limited and non-limited vessels claims : Held, Lord Bramwell dissenting, reversing a decision of the Court of Appeal (Baggallay and Cotton, L. JJ., Brett, L. J., dissenting), and reinstating the decision of Jessel, M. E., that where two vessels have been injured by collision, and both have been found to be in fault, and each con- demned to pay the moiety of the other's damage, the owners of one of the vessels having applied to have his liability limited, the owners of the other vessel are entitled to prove against the fund paid into Court for a moiety of their damage less a moiety of the da- mage sustained by the other party. The Stoomvart Maatschappxj v. The P. and 0. Steam Navigation Co. (House of Lords, June 2 and 5, and July 26, 1882, Lord Chancellor Selborne, Lords Blackburn, Watson, and Bramwell). Refer pp. 58, 65. loss of life— all claims settled : Held, that where in case of collision it is proved that all claims in respect of 150 INDEX TO MARITIME LAW DECISIONS. Lim. Limitation of "Liahility—coi/tbiued. loss of life have been settled, the payment into Court of 8/. per ton with interest puts an end to all actions against the ship admitted to Le in fault. The Foscolina (Admiralty, March 31, 1885, Butt, J.). master part-owner: Held, that where in an action by shipowners to limit their liabilit}' in respect of a collision with their vessel, the master who was on board at the time being a part-owner, the collision having occurred without the negligence or privity of the remainder of the owners, they have a right to have their liability limited, with a reservation of any right of action there may be against the master personally in respect of his negligence. The Criclcet ; The Endeavour (Admiralty, July 11, 1882, Sir E. ThiUimore). new and old register : Held, that where a vessel in fault has been re-registered subsequent to the collision, and tonuajre increased without structural alteration, the tonnage upon which the owners are entitled to limit their liability is the tonnage in force at the time of the collision. The Dione (Admiralty, Feb. 3, 1885, Butt, J.). removal of wreck — cargo's contribution : Held unani- mously, affirming the decision of Sir R. Phillimore, that where a ship carrying cargo is sunk in the Thames in consequence of a collision caused by her own negligence, and her owner limits his liability under the Merchant Shipping Act, 1862, s. 54, and the Thames Conservancy raise the ship and cargo under their special acts and deliver them to the shipowner on payment of the expense of raising, the shipowner has no lien on the cargo, and no claim on the cargo- owner for the cargo's proportion of the expenses of raising. If the ship had not been in fault the owner might have recovered this as general average, but not where the loss was caused by his own default. Prehn V. Bailey (Court of Appeal, July 20, 1881, Jessel, M. E., and Brett and Cotton, L. JJ.). Refer p. 201. same owner both vessels. See " Collision," p. 57 and p. 204. INDEX TO MARITIME LAW DECISIONS. 151 Lim. Iiimitation of Liability — couthiued. ship action discontinued — cargo-owners' action. See "Collision," p. 71. steering gear not acting : Held, that where a collision for which a vessel is held liable is caused not through want of skill on the part of her master and crew, hut solely in consequence of a defect in her steam steering gear, owing to the negligence or default of persons employed by the shij)owner to repair the machinery on shore before the commencement of the voyage, that is improper navigation within the meaning of sect. 54, sub-sect. 4, of the Merchant Shipping Act Amendment Act, 1862, and the owners are entitled to limit their liability under that Act. The Warhvorth (Coiu't of Appeal, June 28, 1884, Brett, M. E., and Bowen and Fry, L. JJ.). Refer pp. 63, 72. Limited Company (ship), liability of members for club calls. See " Mutual Insurance." Limits of Port, advanced freight : Held imanimously, affirming the de- cision of Wills, J., that the word " port" in a charter- party means the port as commonly understood by ship- owners and merchants, not the port as defined by Acts of Parliament or bye-laws for the purposes of revenue or pilotage. The " Garston^^ Ship Co. v. Hiclde Sf Co. (Court of Appeal, July 3, 1885, Brett, M. E., and Baggallay and Bowen, L. JJ.). always afloat. See " Lay Days," p. 136. Refer p. 48. commencement of risk. See " At and from." final sailing. See " Charter-party," p. 50. now at Amsterdam. See " Charter-party," p. 52. ten days after sailing. See '' Freight advanced." termination of voyage policies : Held, Lord Shand dis- senting, affirming a decision of Lord Trayner, that poKcies on a vessel terminating thirty days after ar- rival at port of discharge, do not continue in force if the vessel, having completed discharge, proceeds beyond the harbour, docks, or piers of the port, which are the statutory limits of the port, as where a vessel having 152 INDEX TO MARITIME LAW DECISIONS. Lim — Log. Limits of Port — continued. been taken to a dry clock without the said statutory limits, in issuing therefrom for the purpose of pro- ceeding to a neighhouriug port, is caught in the fair- way of the channel by a gust of wind and capsized, the voyage policies to port of discharge are not liable for the loss or damage so sustained. Hunter v. Nor- thern Marine Inx. Co. (Court of Session, Edinburgh, March 4, 1887, Lord President, Lords Mure, Shand and Adam). Liverpool Average Bond. *SVe " General Average." Loading, damaged while loading, sailing warranty. See " Cargo Claims," p. 42. frost, canal frozen, river frozen. See " Lay Days," pp. 137, 139. interruption of by fire, full and comi^lete cargo. See "Charter-party," p. 51. part cargo at port not named in policy. See " At and From." prompt dispatch in turn. See " Lay Days," p. 140. regidar turn— bad weather. See " Lay Days," p. 140. snowstorm delaying. See " Lay Days," p. 134. war and hostilities preventing, liefer i)p. 138, 240. Load-line, damage below. See " Contact Clause." Loan of Navigator. See "Salvage," p. 201. Log Book. engineer's log. See " Evidence." entries signed two days after event : Held, that entries made in a ship's log, the signature of which cannot be established owing to the decease of the captain and mate, as having been made sooner than two days after a collision, is not admissible as evidence on behalf of the ship in which they were made, the said log not being satisfactorily proved to be a sufficiently con- temporaneous instrument. The Henry Coxon (Admi- ralty, July 6 and 8, 1878, Sir E. Phillimore). INDEX TO MARITIME LAW DECISIONS. 153 Loo — Mac. Looking' to them for Freight. See " Bill of Lading," ji. 17. Look-out Man. See " Compulsory Pilotage." Loss before discharge, at and from. See "Chartered Freight." cause of, proximate or remote. See " Seaworthiness." cause of, proximate or real. See " Cargo Claims," p. 37. lie/er pp. 26, 29. of charter— salvor. See " Salvage," p. 190. of hire. See " Chartered Freight." of life. See " Life, Loss of." of market, damages not claimable. See " Cargo Claims," pp. 39, 42. of market, basis of assessment. See " Cargo Claims," p. 42. He/er-p. 16. of profits — salvor. See " Salvage," p. 196. p)rior to receipt of order to insure. See " Broker omitting to telegraph." ratification of insurance after advice of. See " Freight." whilst deviating to salve other than life. See " Cargo Claims," p. 40 and p. 105. Luggage. See " Passengers' Luggage." Lump sum Freight, part cargo lost. See " Freight, Lump sum." Lumpers, refusal to permit to work. See " Dock Comj)any's Bye- laws." Lying Days. See " Lay Days." Machinery, latent defect, unseaworthiness. See " Salvage," p. 204. Machinery Claims, inherent vice — wear and tear — general average — port of distress : Held, that where the casing of the main-shaft of a steamer, and the shaft itself, break at sea, and the former admits water into the hold, and the vessel is bound to bear up for the nearest port for repairs, the sea report not indicating any special circumstance as to the state l-j-i INDEX. TO MARITIME LAW DECISIONS. Mac — Man. Machinery Claims— con ! aiiicd. of tliG sea or tlio wind to explain tlie damages hy a risk of navigation, tliey must be attributed not to a sea risk but to inherent defects, and there is, conse- quently, no justification for a settlement of general averajre, and the insurers of the steamer are not liable. T/te Lippe (Marseilles Tribunal of Commerce, on or about Oct. 10, 1887). Refer ■^. 204. pump, air-chamber bursting : Held unanimously, re- versing the decision of the Court of Appeal (Lindley and Lopes, L. JJ., Lord Esher, M. E., dissenting), and a prior decision of Mathcw and A. L. Smith, JJ., that the bursting of a pump -n-hich was being used •while the vessel was in harbour, caused by a valve becoming choked or closed, either accidentally or as a result of negligence on the part of those in charge, does not come within the perils insured against by an ordinary policy of marine insurance over hull and machinery. Hamilton, Fraser Sf Co. v. Thames Sf Mersey Ins. Co. (House of Lords, July 14, 1887, Lord Chancellor, Lords Herschell, Watson, Bramwell, Fitz- gerald and Macnaughten). Mail Packet of foreign government. See " Collision," p. 62. Majority shareholders claiming possession. See " Co-ownership." Malice, damages for. See "Bottomry." Man-at-wheel not obeying pilot's orders. See " Compulsory Pilotage." Managing- Owner. See " Co-ownership." accounts kept by his firm : Held, reversing the decision of Sir E. Phillimore, that a managing owner cannot protect himself against setting out books and docu- ments relating to a ship's account in his affidavit of documents or in answer to interrogatories by alleging that the same are kept by a firm of which he is a member and the action is brought against him in his INDEX TO MAKITIME LAW DECISIONS. 155 Man. Managing Ovrner— continued. individual capacity only, but he must discover all documents -whether in his possession or in that of his firm. Swanston v. LisJwian (Court of Appeal, Nov. 3, 1881, Jessel, M. E., and Baggallay, Brett and Lind- ley, L. JJ.). assignment of freight : Held unanimouslj-, affirming the decision of Huddleston, B., that a shij^'s husband has no imjDlied power to assign or pledge the entire freight to become due under a charter, although money be owing to him by the co-owners for advances made on shi2)'s account, and if his appointment as ship's husband ceases before the freight is earned, an assignee of his interest in the freight is not entitled to it as against the co-owners ; the ship's husband not having a charge on the freight for the repayment of advances, but a right of lien or retainer. Beynon v. Godden (Court of Appeal, March 1, 4, 5 and May 18, 1878, Bramwell, Brett and Cotton, L. JJ.). commissions for management. See under. insolvency of — liability of co-owners for club calls. See " Mutual Insurance." master leaving moneys in the hands of. See "Master's Wages, tfcc." power of charter. >S'ee " Mortgage." registrar's report — commissions for management : Held, that where the registrar of the Court, assisted by merchants, has disallowed a charge of 2^ per cent, upon the gross freight made by a managing owner in a ship's account, and substituted in its place an allowance equal to about 100/. per annum, this Court, while not agreeing with the contention that a managing owner having an interest in the adventure is not entitled to any commis- sion on the profits, will nevertheless not distm'b the registrar's report, in the absence of evidence that the registrar was wrong in the allowance made therein. White V. Bitchfield (Admiralty, March 11,1885, Butt, J.). ship -store dealer — misapplication of funds : Held, that where a master who by the terms of his agreement with the managing owner, who is also a ship-store 156 INDEX TO MARITIME LAW DECISIONS. Man— Mas. Managing' Owner — continued. dealer, has to find the provisions for the officers and crew at a certain rate per day, settles with the managing owner in his accounts certain sums for stores supplied, -which sums the managing owner mis- applies and does not credit to the ship, the master is not responsible for such misapplication of funds, which is a wrong done to the owners for which he is not responsible, and he can sue them for his wages and disbursements. The Dora Tulhj (Admiralty, Jan. 12 and 19, 1886, Sir James Hannen). Margin of Price, sub-agent obtaining beyond. See " Sale of Ship." Market, damages for loss of. See " Collision," pp. 39, 42. Marks becoming obliterated. See " Total Loss." Marshall's Report, in favour of sale of ship. See "Collision," p. 70. Master, See also "Master's Agency" and "Master's Wages, &c." acting unlawfully. See " Master's Agency." Refer p. 103. agreement between qxasters. See "Salvage," pp. 194 to 20G. ante-dated bill of lading. See "Bill of Lading," p. 16. appointing agents to salve. See "Salvage," p. 199. authority not superseded, French Law. See " Compulsory Pilotage." barratrous acts of. See "Barratry." bill of lading, signature of, by authority of. See "Bill of Lading," p. 21. bill of lading, notice of two claimants under. See "Bill of Lading, "p. 17. bond for collision claim, himself in fault. See "Collision," p. 65. breach of warranty by. See " Barratry." breaking law to owner's injury. See " Barratry-." certificate improperly suspended. See "Board of Trade Inquiry." INDEX TO MARITIME LAW DECISIONS. 157 Mas. ]ff aster — con t inucd. cliarterer's servant, engaging' crew. See " Seamen's Wages." chartering ahead. See '' Master's Agency." consenting to get under way in a fog. See " Compulsory Pilotage." contempt of court hy. See "Arrest of Ship." contract made by, how binding on owners. See " Salvage," pp. 194, 199, 206. co-owner — collision damages. See "Limitation of Li- ability." co-owner, dismissed, demanding sale of vessel. See " Co-ownership." co-owner, lien for wages. See "Master's Wages, &c." dismissing him. See " Co-ownership." dismissing him — mortgagee. See " Master's Wages." delivering cargo to holder of one bill of lading only. See "BiU of Lading," p. 17. draft for disbursements. See " Master's Wages." draft for disbursements, foreign vessel. See "Lien." employing agent to salve. See "Salvage," p. 199. Fiefer p. 183. engaging crew as charterer's servant. See "Seaman's Wages." exceeding his authority — stowage. See " Master's Agency." giving improper information to pilot (and crew). See " Compulsory Pilotage." illegal shipment of deck cargo. See "Deck Cargo." in fault, bond for collision claim. See "Collision," p. 65. knowledge of time charter and terms. See " Master's Wages, &c." law breaker, to owner's injuiy. See "Barratry." leaving balance of account in hands of managing owner. See " Master's Wages, &c." letters to owner. See " Evidence." lien for disbursements. See "Master's Wages, &c." lien for salvage expenses not transferable. See " Pro rata Freight." 158 INDEX TO MARITIME LAAV DECISIONS. Mas. Master — continued. lien for wages. See " Master's "Wages, &c." limit of authority to bottomry. Sec " Bottomry." misconduct — forfeiting wages claim. See " Master's "Wages, &c." mortgagee dismissing him. See " Master's Wages, «S:c." refusal to cut beams to facilitate salvage of cargo. See "Wreck." refusal to salve except on excessive terms. See " Salvage," p. 194. removing arrested vessel. See "Arrest of Ship." right to jury when suing. See " Master's Wages, &c." salvage award, Court deciding share. See "Salvage," p. 201. salvors defying him. See "Salvage," p. 198, 202. selling wreck and cargo. See "Master's Agency." lie/er pp. 3, 239. settling with managing owner for stores. See ' ' Managing Owner." smuggling. See "Capture and Seizure." suggesting improper manoeuvres. See " Compulsory Pilotage." taking to sea arrested ship. See "Arrest of Ship." taking to sea against mortgagee's orders. See "Master's AYages, &c." time charter, knowledge of. See " Master's Wages, &c." undertaking to pay disbursements. See " Master's Wages, &c." undertaking to pay salvage. See " Salvage," pp. 194, 206. Master's Agency, See " Master." appointing agents to salve. See "Salvage," p. 199. bottomry, authority to effect. See "Bottomry." charter not binding on owners — chartering ahead : Held unanimously, reversing a decision of Sir Robert Philli- more, that a master has no authority to bind his owners by writing forward to a foreign port authorizing a broker there to charter liis ship prior to the ship's arrival therein, but is limited to cases where ho is himself in a foreign port and there is difficulty in INDEX TO MARITIME LAW DECISIONS. 159 Mas. Master's Agency — continued. communicating' with his owners ; charters made under other conditions cannot be sued upon for breach of performance thereof. The Fanny ; The Mathilde (Court of Appeal, June 6 and 13, 1882, and March 2 and 3, 1883, Brett, Cotton and Bowen, L. JJ.). selling stranded vessel — constructive total loss : Lord Coleridge had decided at the previous London Michael- mas sittings that, where a master of a stranded vessel sells his vessel and cargo on the recommendation of surveyors, one of whom becomes the purchaser, and successfully floats her, the question affecting the case is not whether the captain considered the vessel totally lost, but whether at the time of the sale the vessel was, as a fact, a constructive total loss, and as the subse- quent floating and repairing of the vessel sufficiently demonstrated that the vessel was not a constructive total loss he (Lord Coleridge) had refused to leave any question to the jury, and had non-suited the owner. On a rule for a new trial the Court was now divided Grove, J., being of opinion that there was matter upon which to take the opinion of a jury, and Lord Coleridge adhering to his prior decision. The rule accordingly dropped. Hall v. Jupe (Common Pleas, June 9 and 14, 1880, Lord Coleridge, C. J. and Grove, J.). Refer pp. 3, 239. stowage of cargo — exceeding his authority: " . . . . although it is true that the stowage of the cargo is un- doubtedly within the scope of the master, yet, in the absence of proof to the contrary, it must be taken that his authority in this, as in other respects, is, by his instructions limited to that which is lawful If in seeking to carry out the purpose of his employment he oversteps the law, he outruns his authority, and his principal will not be bound by what he does." Judgment of Cockburn, C. J., in Wilson v. Rankin. Refer p. 103. towage agreement. See " Salvage," p. 206. Master's Wages, &c., collision damages, bond for. See " Collision," p. 65. collision damages, master part owner. See "Limitation of LiabiUty." 160 INDEX TO MARITIME LAW DECISIONS. Mas. Master's Wages, &c. — conibmrd. laches of master — sale of ship — lien : Held, that a master of a ship has a maritime lien for disbursements made in the service of the ship, and that where he has in- curred liabilit}' by drawing bills, and such liability is not discharged, he has a lien to the extent of that lia- bility, and such lien attaches to the ship in the hands of bond fide purchasers, without notice of the lien at the time of the purchase, unless it be lost by the laches of the master. Held, further, that the act of a master in not compelling pajinent against his ship for a lia- bility incurred as above, because he believes it will be met by his owners, until he is actually sued himself, does not amount to such laches as will forfeit his lien against a purchaser. The Fairport (Admiralty, Nov. 30, 1882, Sir E. Phillimore). lien on ship — leaving moneys in hands of managing owner : Held, that where a master, after receiving a portion of his wages, elects to allow a balance to re- main in the hands of the managing owner at interest, he by so doing loses his lien and cannot recover as against the ship; but the intention must be clearly proved, inasmuch as the managing owners are the agents of the shipowners, and not of the master ; there- fore the mere fact of the master allowing a balance to remain in the managing owners' hands after it has become due will not deprive him of his remedy, in the absence of clear proof that it Avas his intention to lend it to the managing owners or bank it with them per- sonally. The liainbow (Admiralty, June 24 and July 1, 1885, Butt, J.). lien on ship in hands of bo?id fide purchaser : Held, that the master of a ship has a lien for disbursements made on behalf of the ship, and therefore his claim has i)riority over that of a bond fide purchaser. The Ring- dove (Admiralty, May 11 and July 13, 1886, Sir James Hannen). lien on ship's papers : Held; that a master who has been dismissed fro]Ji his vessel has no lion upon the ship's papers or keys, his proper course being to bring an INDEX TO MARITIME LAW DECISIONS. 161 Mas. Master's "Wages, &c. — contbmcd. action for wrongful dismissal and arrest the ship. The. St. 0/a/ (Admiralty, May 12, 1876, Sir E. Phillimore). master co-ownei* — lien before mortgagees in possession — ten days' double pay — slops : Held, that the fact of a master being a co-owner and the vessel in possession of the mortgagees does not prejudice his lien for wages and disbursements, viz., balance of wages, ten days' double pay; slops supplied to seamen who had deserted, considered as part of seamen's wages ; liabilities in- cui'red for the benefit of the ship, treated as disburse- ments ; dishonoured bill of exchange drawn by tho master upon the owners. Mortgagees can only take the place of the owners in respect of these items. The Feronia (Admiralty, Jan. 27 and Feb. 4, 1868, Sir E. Phillimore). mortgaged ship — misconduct — orders of mortgagee : Held, varying the registrar's report, that where a master ap- pointed by a mortgagor, his owner, takes away his ship to sea on instructions from the mortgagor, and in defiance of the written instructions of the mortgagee, who had taken possession of the vessel, and the mort- gagee thereupon dismissed him on the first opportunity and before his agreement with the owner has expired, such taking away of the ship is misconduct on the part of the master, disentitling him to all claim for wrong- ful dismissal. llie Faii-port (Admiralty, Nov. 25, 1884, Butt, J.). right to a jury : Held, confirming decision of Butt, J., that in an action by a master for his disbursements, the registrar and judge have discretionary power under E. S. C, Order XXXVI., as to whether the action shall be tried with or without a jury. The Temple Bar (Court of Appeal, Nov. 12, 1885, Lord Esher, M. E., Cotton and Lindley, L. JJ.). ten days' double pay — without sufiicient cause : Held, that where in an action for master's wages it appears that, at the institution of the suit, accounts are out- standing between the owners and the plaintiff, and that the same have not been taken or settled, and D. M 1G2 INDEX TO MARITIME LAW DECISIONS. Mas. Master's "Wages, &c. — continued. that witlaia two days of the institution of the suit the wages are paid, the owners have not refused to pay "without sufficient cause" within the meaning of sect. 187 of the Merchant Shipping Act, 1854, and therefore the plaintiff is not entitled to recover ten days' double pay. The Turgot (Admiralty, Jan. 16 and 19, 1886, Sir James Hannen). time chai'ter — knowledge of terms thereof : Held, that where a vessel is chartered under a charter providing that the shipowner shall pay for all provisions, wages of captain and crew, and for the necessary equipment for the efficient working of the vessel ; the charterers for all coals, port charges and other expenses, except those before stated, and the captain gives a draft on. his owner for provisions and coals, which draft had been dishonoured ; the master having notice of the terms of the charter-party, is agent both for the owners and charterers, and that therefore the owners are liable in respect of the provisions, but not in respect of the coals. The Turgot (Admiralty, Jan. 16 and 19, 1886, Sir James Hannen), time charter — necessaries : Held unanimously, affirming the decision of Butt, J., that if a ship is chartered on time, charterers to aiipoint, but owners, if desirable, to dismiss the master, owners to pay for all provisions and wages of captain and crew, and for the necessary equipment and working of the ship ; charterers to pay for all coals, pilotages, port charges, &c., the master is the servant of the owners, and has a right against them for the recovery of his wages and such disburse- ments as are necessary for the navigation of the ship, and which the charterers have not undertaken to pay. Further, if the charterers refuse to pay their share of disbursements according to agreement, and the ship could not be navigated without them, the master is entitled to charge them against his owners. The Beeswing (Court of Appeal, March o, 188.3, Brett, M. E., Baggallay and Lindley, L. JJ.). leasts, cut away. See " General Average." INDEX TO MARITIME LAW DECISIONS. 163 Mat— Mis. mate's Receipts, liability on. See " Cargo Claims," p. 42. non-liability on. See "Short Delivery." Refer pp. 20, 52. Material Fact. See "Concealment." Material Men, intervention in mortgage action. See "Mortgage." necessaries supplied. See "Lien." obtaining judgment — costs. See "Lien." possessory lien, priority of. See "Mortgage." priority of mortgagee's claim. See " Mortgage." Maximum Speed, over the ground or througb the ^vater. See " Collision," p. 72. Measurement of tonnage, crew and engine space. See "Limitation of Liability." Member of insurance association. See " Mutual Insurance." Meritorious Services, unsuccessful. See " Salvage," p. 202. Mersey Dock Act, ballast or cargo ship. See " Harbour Authorities." Mersey Pilotage, anchoring in river. See " Compulsory Pilotage." Metalling Clause, internal contact. See " Contact Clause." Minority shareholders — bond for safe return. See " Co-owner- ship." liefer p. 96. Misappropriation of moneys received. See "Managing Owner;" "Co- ownership." Misconduct of salvors. See " Salvage," pp. 198, 202. Misleading conduct on the part of a creditor on a ship destroys his right of recovery from co-owners. See " Co-owner- ship." M 2 164. INDEX TO MARITIME LAW DECISIOXS. Mis — Mor. Missing regular turn, clmrteror's fault. Sec "Lay Days," p. 140. Missing Vessel, policies expiring on voyag'e. See " Time Policy." Moderate Speed, fog, hig-h seas and crowded waters. See " Collision." Moored in river — uninsured. See "Liberty to Dock." Moored 24 hours in good safety. See " Termination of Eisk." Mortality or Jettison, free of. See " Cargo Claims," p. o6. Mortgage, charter objected to by mortgagee : Held, that where shares, in a ship are mortgaged, and the managing owner, duly appointed by all the co-owners, charters the ship for a foreign voyage, the mortgagee, even although he takes possession of his shares before the sailing of the ship but after the making of the charter-party, cannot arrest the ship or demand bail for safe return, pro- vided the performance of the charter-party is not pre- judicial to the security. The Maxima (Admiralty, June 18, 1878, Sir E. Phillimore). charter objected to b}' mortgagee — security impaired: Held, that where the managing owner of a mortgaged ship charters her before the mortgagee takes posses- sion, the mortgagee cannot interfere to prevent the- charter being carried out, unless it will materially prejudice and detract from or impair the sufficiency of the security of the vessel as comprised in the mortgage. The Fanchon (Admiralty, April 21, 1880, Sir E. Phil- limore). dismissal of master by mortgagee. See "Master's. Wages, &c." freight, managing owner's right to mortgage or hypo- thecate. See " Managing Owner." master's lien on ship in possession of mortgagees. See " Master's Wages, &c." 1>,DEX TO MAKITIME LAW DECISIONS. 165 Mor. -Mortgage — continued. material men — priority of, over mortgagee : Held, tliat a material man, into -n-liose hands a vessel lias been put for repairs by a mortgagor left in possession by a mort- gagee, has, so long as lie retains liis possession, a lien for repairs done in priority over the mortgagee. Hamilton v. Harland and Wolff; The Acacia (Ad- miralty, Feb. 23, 24, 25, and 27, 1880, Townsend, J.). material men— priority of mortgagee : Held, that mort- gagees are entitled to priority over material men whose claims arise subsequent to the registration of the mort- gages, unless the material men have acquired a pos- sessory lien ; and that the fact of a graving flat being attached to the vessel, and tools, the property of the material men, being on board at the time of the arrest, are insufficient to prove possession on their part. The Scio (Admiralty, March 12, 1867, Dr. Lush- ington). material men intervening : Held, that where, after the commencement of a mortgage action against a British ship whose owners are domiciled in this country, material men intervene, and the ship is sold by order of the Court, and does not realise sufficient to satisfy the lien of the material men, the plaintiff in the mort- gage action is entitled to taxed costs up to the date of the sale of the ship out of the proceeds thereof. The Sherbro (Admiralty, Feb. 20, 1883, Sir Eobert Philli- m.ore). mortgagee's rights— unregistered mortgage : Held unani- mously, that the mortgage of a ship transfers the ownership so as to entitle the mortgagee to the whole of the mortgagor's interest as seciu^ity for his money. The only effect of an omission to register a mortgage is to postpone it to a mortgage subsequently registered. The mortgagee is entitled to the freight as against an assignee thereof by an assignment made after the date of the mortgage, but before the registration thereof. Keith V. Burrows (Common Pleas, Feb. 10, 21, and June 14, 1876, Brett, Archibald, and Lindley, JJ.). See House of Lords' decision next page. 166 INDEX TO MAKITIME LA"\V DECISIONS. Mor— Mut. mortgage— co>itinii('(/. mortgagee's rights as to freight — cargo on ship's account : Held unanimously, affirming the decision of the Court of Api^eal (Mellish, Baggallay, and Bramwell, L. JJ.)' which reversed a decision of the Common Pleas Division (Brett, Ai-chibald, and Lindley, JJ.), that ■where a mortgaged ship takes a cargo on ship's account at a nominal hill of lading freight of Is. per ton, but before the ship's arrival the cargo is sold, the contract stating that freight is " to be computed at 555. per ton, and invoice rendered accordingly," the actual freight is, nevertheless, only that which has been actually contracted for by the bill of lading ; and the mortgagee, on taking possession, is only entitled to freight according thereto, the 55*. per ton being not really freight, but only part of the price of the cargo kept back till the arrival of the ship, against which the mortgagor of the ship can secure an advance from purchasers of cargo, and the latter are not liable to the mortgagee for more than bill of lading fi-eight. Keiih v. Burroics (House of Lords, July 10, and 12, 1877, Lord Chancellor Cairns, Lords Penzance, O'Hagan, Blackburn, and Gordon). necessaries — costs — mortgagees intervening : Held, that where mortgagees intervene in an action for necessaries, said action being, as a consec[uence, withdrawn, and the ship, on the application of the mortgagees, is sold, they receiving the proceeds, the costs of the sale shall be borne by them, and not by the parties to the neces- saries action. The Colonsatj (Admiralty, Dec. 15, 1885, Butt, J.). uninsured if mortgaged, rule explicit. See "Mutual Insurance." tmregistered shareholder. See " Co-ownorship." Hutual Insurance, liability of co-owners for calls : Hidd unanimously, confirming the decision of Mathew, J., at Newcastle- on-Tyne, that where i^olicics of insurance entailing liabilities are entered into by a managing owner, the co-owners or any of them become personally liable, in. INDEX TO MARITIME LAW DECISIONS. 167 Mut. Mutual Insurance— continued. case of default by the managing owner, if tliey ratify such, action on his part in any way. Newcastle S.fS. Indemnittj Association, Limited v. Nicholson (Court of Appeal, March 9, 1886, Lord Esher, M. E., Lindley and Lopes, L. JJ.)- liability of co-owners for calls : Held, that a member of a steamship company does not become a member of a mutual insurance association and liable for calls, if the steamer, to work which the company has been formed, is insured in the association, unless he has authorised the steamship company or their managers to open the said policy of insurance for his behoof, or has adopted it after it was issued. The liehecca (Glasgow, Feb. 4, 1887, Sheriff Guthrie), liability of co-owners for calls: Held unanimously, affirming the decision of Grove, J., that if a managing owner insui-e a vessel in a mutual association, the articles of association whereof stipulate that persons so insuring become members of the association, the policy only binds the member, and as there can in all such cases be no imdisclosed member, neither can there be any undisclosed principal who can sue, or be sued by, the association ; shareholders in ships so insured can therefore not be sued for the calls in respect thereof. United Kingdom Mutual S.S. Association, Limited V. Nevill (Court of Appeal, May 27, 1887, Lord Esher, M.E., Fry and Lopes, L. JJ.). liability of co-owners for calls— necessaries : Held, that as the whole object of mutual insurance is to protect the principals and not the agents, if a managing owner enter a ship in a mutual insurance association he is insuring on behalf of all the owners of the ship, and all the owners are therefore as liable for the premium of insurance as they would be for neces- saries.* Should the co-owners, however, have already paid moneys to the managing owner for insurance, or he be in their debt, this might alter the case in favour * See "Necessaries." 168 INDEX TO MAKITIME LA.W DECISIONS. Mut. Mutual Insurance — continued. of the co-owners. Ocea)i Iron S.S. Insurance Associa- tion V. lesUe (Xewcastlo Assizes, July 22, 1887, Matliew, J.), mortgaged sliip — uninsured -n-itliout notice : Held, re- versing tlie decision of Stuart, V.-C, that where in the policy of a mutual insurance association it is stipulated in the rules forming part of the contract of insurance, that no vessel entered in the association shall be insured, if mortgaged, unless the mortgagor guarantee the payments, it rests with the member to provide the said guarantee, and if it be not provided and the ship be lost, the owner cannot recover, and cannot successfully plead that the association having knowledge that the vessel was mortgaged should have themselves applied for the guarantee. Turnlull v. WooJfe (Appeal in Chancer}^, Nov. 8, 1862, Lord Chancellor Westbury). no action to be taken at law against society : Held (Pollock, B., and Archibald, J., dissenting), reversing a decision of the Queen's Bench (Blackburn, Mellor, and Lush, JJ.), that although according to the rules of a mutual insurance association no member is permitted to bring any action at law against the association, and the directors have to decide whether a claim is to be paid or not, a member's representative, or one whoso actual membership is doubtful, is, nevertheless, entitled to bring an action if the directors act in an unfair manner to his prejudice. Eilwards v. Aberaijron Mutual Ship Insurance Society, Limited (Exchequer, May 10 and 11, 1875, and Feb. 26, 1876, Kelly, C.B., Amphlett and Pollock, BB., Archiljakl and Brett, JJ.). non-payment of calls — uninsured without notice : Held, that if a member of a mutual association for the insurance of vessels fails to comply with the rules of the association as to payments, he cannot recover losses under the said policy, or demand a policy to continue the vessel until next arrival, although he may not have received notice that the contract of insurance is at an end, and that he still remains liable for calls INDEX TO MARITIME LAW DECISIONS. 169 Mut. IVIutual Insurance — continued. unpaid, and cannot set off a claim or loss as against said unpaid calls. The Marine Mutual Insurance Association, Limited v. Younrj (Excliequei', June 14 and 29, 1880, Pollock, B.). non-payment of calls: Held, that in an insurance asso- ciation, according to tlie rules of whicli non-payment of calls invalidates th.e policy, a payment made by a member, who had made default, after receipt of ad- vices of a loss, and accepted by the association in igno- rance thereof, did not revive the rights of the member forfeited by his non-payment at due date. The Deica Gungadhur Shij) Co., Limited v. United Kinc/dom Marine Mutual Lns. Association, Limited (Queen's Bench, March 1st, 1886, before Lopes, J.). non-payment of calls — settlements in account : Held unanimously, affirming the decision of the Court of Queen's Bench (Wills and Grantham, JJ.), that if an insurance association has a rule in its policy that the failure of a member to accept the drafts of its manager or non-payment thereof when due, invalidates his in- surance, the insurance is, notwithstanding, not invali- dated as a consequence of non-acceptance or non-pay- ment, if the member can prove that the rule has been departed from previously, or that the amount stated in the draft is incorrect, credit not having been given for an amount admitted to be due to him by the manager of the association. Williams v. The British Marine Mutual Ins. Association, Limited (Court of Appeal, Jan. 26, 1887, Lord Esher, M. li., Bowen and Pry, L. JJ.) notice of withdrawal : Held, that where the articles of association of a mutual association simply state that notice of withdrawal is to be given before a certain date, a rule requiring fourteen days' prior notice can- not be reconciled with the articles of association, and is, therefore, not binding upon the members. Steam- tug, Sfc. {Sunderla?id) Indemnity Association v. Sharpy (Sunderland County Court, July 21, 1887, Judge Meynell). 170 INDEX TO MARITIME LAAV DECISIONS. Mut— Nat. Mutual Insurance — cojit in ucd. outstancliug- pvemiuni — transfer of shares : Held unani- mously, atllrmiug the decision of Stephen, J., and a special jury at Swansea, that the purchaser of a vessel does not, in the absence of a stipulation to that effect, take over the liability for premium of insurance for the year previous to the purchase, and if paid by pur- chaser the amount thereof may be deducted from the purchase-money. Short v. Clark (Coiu-t of Appeal, April 6, 188C, Esher, M.E., Lindley and Lopes, L. JJ.). policy, seal and signature : Held, that a policy of in- surance issued by a mutual insurance association is- valid under the Stamp Act, 30 & 31 Vict. c. 23, s. 7, if it is sealed with the seal of the association, and signed by the manager. 27ie Marino Mutual Insurance Asso- ciation, Limited v. Younrj and another (Exchequer, June 14 and 29, 1880, Pollock, B.). rules not sufficiently clear. See "Constructive Total Loss." unstamped policy — liability — estoppel : Held unani- mously, affirming the decision of Mathew and Day, JJ., that if a member of an association insures vessels- therein without requiring stamped policies, he is es- topped from pleading as a defence to an action for calls unpaid, tliat he is not liable because the contracts are illegal, said contracts not being criminal or pro- hibited by sects. 13 and 14 of 30 & 31 Vict. c. 23. llie Barroic-in-Ficrness Mutual Ship Insurance Co., Limited v. Ashburner (Court of Apjjeal, May 15 and 16, 1885, Brett, M. E., and Baggallay and Bowen, L. JJ.). Nationality, British vessels and seamen under foreign flag. See- " Foreign Flag." foreign vessel and bottomry. See " Bottomry." foreign vessel and sujiplies. See " Lien." ownery governing. See "Foreign Flag." Nature of general average sacrifice. See " General Average." INDEX TO MARITIME LAW DECISIONS. 171 Nav — Neg. Navigable River, sunken vessel raised by owners — no lien on cargo. See " Salvage," p. 201. Refer p. 150. Navigator, loan of. See " Salvage," p. 201. Near thereto as she can safely get. See " Lay Days," pp. 135, 13G. as she can safely get — lighterage. See " Charter-party," pp. 47, 48. Nearest discharging place, afloat. See " Lay Days," p. 136. safe port. See " Charter-party," pp. 47, 48. Necessaries, See " Mortgage " and " Lien." Refer pp. 95, 147. bottomry already on vessel. See " Bottomry." disbursements by master. See " Master's Wages, &c." managing owner misajiplying moneys received for. See "■ Co-ownership ;" " Managing Owner." mortgagees intervening in action — costs. See "Mortgage." premium of insurance : Held, that the insurance of a vessel is something quite extraneous to its equipment for sea, and however prudent it may be for an owner to insure, it is a prudence exercised for his own pro- tection and not for the requirements of the vessel, which is the sense in which the word necessaries is used in the statute ; that even premiums of insurance on amount advanced as for necessaries is not itself necessaries in the legal sense thereof. The Hehirich Bjorn (Admiralty, June 26 and July 23, 1883, Sir James Hannen). supplies to British and foreign vessels in various ports. See "Lien." Negligence, delay in delivering cargo. See "Cargo Claims," pp. 39, 42.. donkey-pump air-chamber burst. See " Machinery Claims." master and mariners excepted. See "Cargo Claims," pp. 36, 44. Refer p. 20. master and mariners, excepted — total loss. See " Sea-^ worthiness." 172 INDEX TO MARITIME LAW DECISIONS. Neg— Not. Uegligence — continued. yrooi of, not proved. Sse " Board of Trade Inquiry." salvor's tug. See " Salvage," p. 202. sea-cocks left open. See " Seaworthiness." shipowner's servants, liability for. See " Cargo Claims," pp. 3G, 44 ; " Tug and Tow." steering gear improperly repaired. See " Limitation of Liability." tug placing tow in danger. Sec " Tug and To^v." wilful default. See " Cargo Claims," p. 35. Negligent Navigation, See "Collision." advanced freight to be repaid. Sec "Cargo Claims," p. 40. cargo-owners salvage expenses. See " Cargo Claims," p. 45. rounding point in Thames. See " Collision," pp. 73, 74. No Action to be taken at law. See " Mutual Insurance." No Cure no Pay, form of agreement. See " Salvage," p. 194. Nominal Freight in bill of lading — cargo on ship's account. See " Mort- gage." Non-acceptance of draft— voiding pohcy. See " Mutual Insurance." Non-payment of caUs— voiding policy. See " Mutual Insurance." Not accountable for Leakage. Sec " Cargo Claims," pp. 41, 43. Eefer p. 218. Notice, abandonment. See "Abandonment." abandonment not necessary where nothing to abandon. See " Chartered Freight." cancelling policy. See " Mutual Insurance." master notified of two claimants under bills of lading. See " Bill of Lading," p. 17. withdrawal from association. See " Mutual Insm-ance." INDEX TO MARITIME LAAV DECISIONS. 173 Now — Ope. Now at Amsterdam — vessel without limits of port. See "Charter- party," p. 52. Officers and Crew, government ship as salvors. See "Salvage," p. 198. not appointed — trial trip. See "Collision," p. 74. Omissiou to register mortgage. See " Mortgage." Onus of Proof, on builders that launch was not at fault. See " Col- lision," pp. 64, 65. on plaintiff in collision action that defendant's vessel contributed to accident, if defendants plead compulsory pilotage. See " Compulsory Pilotage." on shij)Owners to excuse themselves if cargo damaged on delivery. See " Cargo Claims," pp. 41, 42. on underwriters to prove unseaworthiness. See "Sea- worthiness." Open Policy, concealment : Held unanimously, affirming the decision of Field, J., and a jury, that where, in open policies following upon each other, the assured has fraudulently declared in reference to certain of these a lesser value as being at risk than was actually at risk thereunder, this is a concealment of material fact, and the under- writer can have the subsequent X)olicies set aside with- out returning the premium which has been paid. Rivaz V. Gerussi and others (Court of Appeal, Nov. 19, 1880, Baggallay, Brett and Cotton, L. JJ.). profits and commission. See "Illegal Insurance." re-insurance against fire : Held, that the usage with regard to open marine insurance policies that such policies attach to the goods as soon as they are shipj)ed, and in the order in which they are shipped, and sub- ject to amendment before or after loss in case of error or omission on the part of the insured or his servants, applies to the case of a fire insurance company when it covers the risk of fire in a marine policy. Maritime 174 IXDEX TO T^IARITIME LAW DECISIONS. Ope— Own. Open Policy — conthiurd. Insurmice Co., Limited v. Fire lie- Insurance Corpora- tion, Limited (Common Pleas, Dec. 13, 1878, and Marcli 14, 1879, Lopes, J.). Orders from Tow. See " Tug and Tow." Outstanding Calls, transfer of shares. See " Mutual Insurance." Outstandings, transfer of shares. See " Co-ownership." Overcharges in ship's disbursements. See "Bottomry." Over-insurp,nce, value exceeded. See "Value in Policy." •wager policies. See "Concealment." Overlooker failing to detect defects. See " Ship Repairers." Over-payment on an incon-ect adjustment. See "Average adjustment." Overstraining, salvor receiving damage by. See " Salvage,"" p. 196. Overtaken and overtaking vessels. See " Collision," pp. 67, 68. Owner (Cargo). See "Cargo." Owner (Ship), See " Shipowner." appeal from court of inquiry. See " Board of Trade Inquiry." liable for removal of wreck. See " Eemoval of Wreck." lien on cargo for froiglit lost. See " Lien." objecting to excessive interest in bond. See "Bottomry." paying premium to broker who misapplies same — policies. See "Lien." services salving cargo, agency, &c. See " Sue and Labour Clause." INDEX TO MARITIME lAW DECISIONS. 175 Own — Pas. •Ownery, cliauge of, with, part cargo on board. See "At and from." nationality of ship governed by. See " Foreign Flag." two colliding vessels same owners, underwriters paying total loss. See "Collision," p. 57. Packing' and Pressing, craft risk, trans-shipment. See "Inception of Eisk." Painting and Cleaning Bottom, repairs. See " Dock Dues." Part Cargo, See "Cargo." destroyed, half freight in advance. S'ee " Contract of Sale and Purchase"; also "Ac- ceptance in exchange for documents." Sale of Cargo, See " Cargo." condemned vessel. See " Constructive Total Loss." for freight, assets insufficient. See "Bill of Lading," p. 19. intermediate port. See " Pro raid Freight." master's authority. See " Abandonment." 190 INDEX TO MARITIME LAW DECISIONS. Sal. Sale of Cargo — continued. part sold at port of distress. See " Freiglit, Lump-sum." proceeds, right to and risk of. See " Total Loss." transfer of interest — sale to arrive : Held, reversing the decision of Vice-Chancellor Wood, that where a cargo is sold afloat at a loss upon its original cost, and for less than the amount originally insui-ed, such sale carries -with it the policies of insurance for the amount of the original invoice, and if the vessel be lost subse- quent to such sale the purchaser of the cargo is entitled to the whole of the proceeds of such insurance. Ralli V. Universal Marine Insurmice Co. (Chancery Appeal, Jan. 21, 22 and 01, 18G2, judgment of Ivnight-Bruce, L. J.), wreck — sale annulled. See " AVreck." Sale of Shares, liability for club calls. See " Mutual Insurance." liability for outfit, current voyage. See " Co-ownership." mortgaged before sale. See Co-ownershij)." Sale of Ship, according to surveyor's recommendation and after con- demnation. See " Constructive Total Loss," and p. 2. after refusal of abandonment. See " Constructive Total Loss." bottomry bond, sale not realizing amount of. See " Bot- tomry." buyer not liable for accounts unpaid. See " Co-owner- ship," and p. 170. foreign ship — default action. See " Collision," p. 70. marshall reporting in favour of. See " Collision," p. 70. master's authority to sell. See '' Abandonment" ; " Mas- ter's Agency." master's lien for disbursements on proceeds. See " Mas- ter's Wages." minority shareholders obtaining. See " Co-ownership." mortgage action. See "Mortgage." necessaries action. See " Lien." no biU of sale. See " BiU of Sale." no sufficient grounds for. See " Bottomry." INDEX TO MARITIME LAW DECISIONS. 191 Sal. Sale of Shi-p—contimicd. pajmeut when convenient, subject to interest : Ilelcl, that where in an agreement for the purchase of shipping shares it is stipulated that a portion of the purchase- money should be payable in whole or in part at the convenience of the purchasers, subject to payment of a certain agreed interest, it is a sufficient defence to an action for payment of the balance to plead that it is not convenient to pay, even although the agreement be one made ten years ago, and that as long as the interest is duly paid the seller has no remedy at law. Crawshaiv v. Hornstedt and Garthorne (Court of Appeal, March 2, 1882, Brett, M. E., and Bowen and Fry, L. JJ.). proceeds, order of payment out of. See "Lien." proceeds, right to and risk of. See " Total Loss." shareholders must prove strong case to obtain. See " Co-ownership." shares not registered, mortgagee selling. See " Co- ownership." sub -agent — price beyond lowest margin : Held unani- mously, confirming the decision of Hall, V.-C, that when a shipowner consigns a vessel for sale at a limit of price to agents abroad, who communicate with a firm at another port, the firm so communicated with become the sub-agents of the principal, and liable to account to him for the proceeds of the sale of the ship, and they are not entitled to take the ship over at the limit when they have already made a contract of sale at an enhanced price. De Bussche v. Alt (Court of Appeal, Dec. 10, 11, 1877, Jan. 14, 15, 18, March 12, 1878, James, Baggallay, and Thesiger, L. JJ.). surveyors recommending. See "Constructive Total Loss." Saloon, in cargo boat destroyed, and not replaced. See " Damages not repaired." Salt-water Damage, insufficient dunnage. See " Cargo Claims," p. 45. Salt and Fresh "Water, draught of water. See " Charter-party," p. 50. 192 Salvage. INDEX TO MARITIME LAW DECISIONS. Particulars of recent Salvage Cases, Decision given. Month. Year. SSG. SSG. SS6. SS6. 886. 886. 886. 886. 886. 886. 886. 886. 886. 886. 886. 887. 887. 887. 887. 887. 887. 887. 887. 887. 887. S87. Name of S.S. Disabled. " Matthew Bedling- ton." '' Glenmore" "Hei-mann" "Conseil" "Wilster" , "Ponca" , "Werra" , "Wetherby" , "BUlow" , "G.E.Wood" ., "Hart" , "Cephalonia" .... " Volmar " , "Queen" "Raleigh's Cross " "Benefactor" .... "Emmy Haase " ., '•Holland" "Hope " "Albano" , "Borgheso" "Hekla" "Harvest" "Horsley" "Denia" , "Clan Monroe" ., "Gleadowe" "Ponca" Name of S.S. Assistinff. 'Sea King" (tug) 'Constance" .... 'Chicago" 'Saltwick" ' Lambeth " 'Brittany" 'Venetian" ' A jTshire " ' Sir Garnet Wol- seley." 'PieiTemont" .. .. ' Travancore " .. . . 'Viola" 'EllaSayer" .... 'Raglan" ' Wiltshire" 'Empress" ' Inverleith " .... 'Bernard Hall" .. 'James Malam ". . 'Wells City" .... 'Heraclides" .... ' InishtrahuU " . . . . ' Ceres " 'Euclid" ' Cyclone" ' Ashton " 'Scaramanga"... . ' Ilobert Ingram" Value. S.S. Disabled. Cargo (if any) and FreiK-ht. £ £ Not given 4,000 19,000 2,027 28,066 46,000 4,000 14,000 104,166 20,000 10,000 7,500 None 16,224 115,510 17,675 1,350 640 19,250 73,000 37,195 8,000 j 11,000 25,000 8,. 500 10,000 9,000 13,381 9,241 131,039 4,446 18,000 22,000 26,000 10,500 11,000 9,873 14,099 28,000 1,300 933 2,500 15,000 14,500 16,000 22,826 17,972 Value. S.S. Cargo Assisting, (if any) and Freight. £ I £ Not given. 10,000 33,000 34,000 16,000 12,000 70,000 15,000 17,000 12,000 20,000 21,000 20,000 18,000 8,000 24,000 14,000 35,000 10,000 23,000 40,000 30,000 2,740 30,000 Xone 21,269 13,000 2,870 1,550 15,072 3,950 550 65,526 14,576 96,075 30,000 Xot stated 6,000 24,600 18,000 17,000 7,000 17,804 957 7,217 INDEX TO MARITIME LAW DECISIONS. ■with Amounts Tendered and Awarded. 193 Nature of Services. Towing off beach in Mersey, tug having had to slip. Lost propeller : Engines disabled ; Engines disabled 'Engines disabled lEngines disabled ILost propeller . , ILost propeller . , -'Short of fuel . . . . lEngines disabled lEngines disabled EEngines disabled 'Engines disabled Towing off ground in Black Sea. Loss of rudder Loss of proj)eller Broken shaft Loss of propeller Broken shaft IjOSS of rudder jOss of propeller Broken shaft Engines disabled iroken shaft i^ngines disabled ?owing off reef in Eed Sea 'ropeller broken, towage, and detention. .ost tail-end shaft and pro- peller. D, Time occupied Assisting-. Not mentioned oh hours 31 ,, 30 „ 23 „ 26 1,000 m., 6 daj-s 500 III., 3 J days About 4 days . , 16 hours 3| days 6 „ 30 hours 24 hours 5 days 2 days 8 hours 48 hours 9 da3's . 4 „ . 1 day . . . 110 miles. 8 hour's . 28 „ . 21 hours . 24 „ . Amount paid into Court. £ 25 200 150 450 7,000 1,200 1,500 150 250 1,800 2,500 3,500 600 900 200 600 700 750 1,200 1,200 1,500 1,500 4,800 1,500 2,500 700 350 350 380^. and costs accepted 2,000 1,210 500 Award. £ 50 Tender sufficient. 1,700 1,200 Tender sufficient. 700 Judire. Liverpool County Cinque Ports .... High Coui-t of Justice. Court of Session Edinburgh. High Cou Justice of Collier. Cohen, Q.C. Butt. Hanueu. Haunen. Hauneii. Hauneu. Haunen. Hanneu. Butt. Butt. Butt. Hannen. Hanneru Hannen. Butt. Butt. Butt. Butt. Butt. Butt. Lord Kinncar Hanueru Butt. Hanuen. Haunen. Butt. Hannen. 194 INDEX TO MARlXniE LAW DECISIONS. Sal. Salvage — continued. Src " Sue and Labour Clause." abandouod vessel — pro rata freight. See " Abandonment." abandoned vessel — crew wisliing- to retiiru. See "Aban- donment." agreement — "no euro no pay:" AVe, tlie undersigned underwriters on steamer, of , now lying (?) sunk near , do bereb}'' agree that , of , shall undertake on our behalf the salvage of this steamer, we agreeing to pay them or their agents in London jjer cent, in value of whatever they may successfully salve and convey into safety in . Payment of whatever may be due to the salvors under this agree- ment is to be made within fourteen days of the amount being ascertained ; and it is agreed that are to have an absolute lien over whatever they may salve under this agreement until the amount due to them is fully paid. The salvors' contract is ended when the steamer, or if she become a wreck whatever portions of her, or of her equipment they may salve, has been conveyed in safety to . The salvors are entitled to use during the salvage operations, free of cost, any or all of the properties and appliances of the steamer , and the}^ shall in no case be liable for any further damage that may arise or result to the said steamer or her equipments, «S:c. agreement between masters : Held unanimously, affirm- ing the decision of Sir liobert Phillimore, that where the master of a vessel found passengers of another vessel (550 pilgrims) wrecked on a rock in the Red Sea in fine weather, and refused to carry them on to Jeddah for less than 4,000/., and the master of the wrecked vessel was by such refusal compelled to sign an agreement for that amount, and the service was performed without difficulty or danger, the agreement was inequitable and should be set aside, and 1,800/. only allowed the salvors. The Medina (Court of Appeal, Dec. 7, 1876, James, L. J., Baggallay and lirett, JJ. A.). agreement between masters — costs of action : Held, that an agreement insisted upon by the master of the INDEX TO MARITIME LAW DECISIONS. 195 Sal. Salvage — continued. salving ship, and unwillingly agreed to and signed by the master of the salved ship, whereby an exorbitant amount was stipulated for to be paid by the owners of the latter to the owners of the former vessel, will be set aside by the Court, and a fair amount awarded, and that in such case each party shall bear their own costs. The Silesia (Admiralty, June 23, 24 and 29, 1880, Sir E. Phillimore and Trinity Masters). agreement between masters, excessive amount. See " General Average." Refer pp. 198, 206. amount underwritten already paid in full, underwriter's liability. See "Sue and Labour Clause." appeal from County Court : Held, that there is no appeal from the decision of a County Court in a salvage case where a tender of less than 50^. has been upheld and pronounced sufficient. The Fyenoord (Admiralty, March 7, 1876, Sir E. PhiUimore). arrest of ship in excessive amount : Held, that in a sal- vage action in which the plaintiffs arrest the salved ship for 3,000/., and the Court on a value of 14,000/. awards them 450/., the salvors are entitled to pay all the costs and expenses of finding bail for 3,000/., such sum being unreasonably excessive, although the defendants in the salvage action had not applied to have the amount of bail reduced. The George Gordon. (Admiralty, Feb. 28, 1884, Butt, J.) award appealed against : Held unanimously, that in salvage appeals the Court of Appeal will not interfere with the amount of an award, unless the amount has been estimated on wrong principles, or on a misaj)pre- hension of the facts, or unless it is in the opinion of the Court exorbitant in the sense of being beyond all reason. The Lancaster (Court of Appeal, Dec. 7, 1883, Brett, M. E., and Baggallay and Bowen, L. JJ., assisted by Nautical Assessors). Board of Trade vessel — government ship : Held unani- mousl}', affirming the decision of Sir E. Pliillimore, that a vessel employed by the Board of Trade for commercial purposes in and about a public harbour, o 2 196 INDEX TO MAllITIME LAW DECISIONS. Sal. Salvage — con tinned. anil owned Ly the Board of Trade, is not a government ship Avithin the meaning of the Merchant Shipping- Act, 1854, sects. 484, 485; and the Board of Trade are consequently entitled to salvage reward in respect of services rendered by such vessel. The Cybele (Court of Appeal, Jan. 22, 1878, James, Baggallay, and Thesiger, L. JJ.). damage to salvor — demurrage during repairs : Held, that where a vessel in rendering salvage services sustains damage without negligence on her part, she is entitled to be repaid for such damage and for demurrage during repairs hj the owners of the vessel salved, in addition to and distinct from the amount of the salvage award. Mud Hopper No. 4 (Admiralty, April 4 and 5, 1879, Sir 11. Thillimore). damage to salvor — loss of profits — sailing vessel seeking assistance of steamers to salve : Held, that in a salvage action evidence of the loss of profits and damage sus- tained by the salving vessel is admissible as evidence, but it is not to be taken in ordinary cases as a fixed fin:uro alwavs to be allowed as in the nature of damacre, and then to superadd to that the amount for salvage ser^vice as distinct, they must be considered, under ordinary circumstances, together. In special cases, however, as where a sailing vessel had sought the assistance of a steam vessel on an agreement to share the salvage award, and the steam vessel had done the towage, and received damage thereby, the proper way is to allow an amount as salvage, and a further amount on account of damage, so as to exclude the sailing vessel from participation in the amount allowed by- reason of the damage. The Sunniside (Admiralty, May 24, 1883, Sir James Hannen, assisted by Trinity Masters). damage to salvor — demurrage — over-straining — racing of engines : Held unanimously, aifirming the de- cision of the Yice-Admiralty Court of Malta, that where, in rendering salvage services, a ship has sustained actual damage and loss, which is ascertain- INDEX TO MARITIME I;AW DECISIONS. 197 Sal. Salvage — continued. able, it is desirable that evidence thereof be admitted, and that the Court should, Avhere there is fund suffi- cient in the salved property for the purpose, without depriving the owner of the benefit of the salvage, award the amount of such loss and damage, as, for instance, demurrage, depreciation by over-straining, racing of engines, &c., loss by loss of charter, and cost of rej^airs, in addition to the amoimt of the salvage award. The De Bay (Privy Council, May 29, 30 and 31, and June 30, 1883, Eight Hons. Sir Barnes Peacock, Sir Eobert P. Collier, Sir James Hannen, Sir Eichard Couch, and Sir Arthur Hobhouse). derelict vessel, abandoned by salvors, but subsequently salved — no engagement of salvors : Held, that where a vessel falls in with a derelict ship, and a volunteer crew is put on board, who after navigating her for a time abandon her, and another volunteer crew is put on board, and the vessel is subsequently brought into port, the first volunteer crew and their vessel are not entitled to ^participate in the salvage award, even although they have rigged the jury-mast, which was utilized in bringing the derelict into port. The principles of law governing the case are laid down in The Undaunted (Lush. 90): "Salvors who volunteer go out at their own risk for the chance of earning reward, and if they labour unsuccessfully, they are entitled to nothing. But if men are engaged by a ship in distress, whether generally or particularly, they are to be paid according to their efforts made, even though the labour and service may not prove beneficial to the vessel." The Killeena (Admiralty, March 9, 1881, Sir E. Phillimore and Trinity Masters). See also Idem, "meritorious services;" and "unsuc- cessful attempts." distribution of award : Held, that where salvors disagree as to the distribution of an award, they should, under the Merchant Shipping Act, 1854, s. 104, enforce their claims before magistrates if under 200^., and not go 19S INDEX TO MAIUTIME LAW DECISIONS. Sal. Salvage — coHiin ucd. before a jury. Athinsnn v. Woodall (Excliequer, May 3, 1862, PoUock, C. B., and Wilde, B.). excessive number of men put on board — misconduct of salvors— defying- master: Held, tliat wliere salvors, in response to a signal of distress, board a vessel in numbers greater than -what is required, Laving regard to the nature of the services, and remain on board in defiance of master and crew, the Court will only award salvage on the basis of the services having been ren- dered by a lesser number of men. The 3Iavie (Admi- ralty Cinque Ports, April 19 and 20, 1882, Judge A. Cohen, Q. C). expenses incurred by cargo underwriters ; and ship- owner's liabiHty. See " Cargo Claims," p. 45. expenses, lien for. See " Pro rata Freight," and p. 199. expenses, total loss policy. See "Sue and Labour Clause." expenses, underwriters' ineffectual attempts — re-in- surance. See " Sue and Labour Clause." government ship — officers and crew entitled to reward : Held unanimously, reversing the decision of Sir P. Phillimore, that the commander of a government ship has no right to impose an agreement upon the master of a ship in distress, whereby a fixed sum is made payable for services rendered, as under the Merchant Shipping Act, 1854, s. 484, the services of such ship are not to be rewarded. The officers and crew of a government ship, although having no right to make any agreement as to their reward, are nevertheless entitled to compensation on a liberal scale for services rendered. Cargo ex Woosung {Qowvt of Appeal, May 4, 1876, James, L. J., Baggallay, J. A., and Lush, J.), government transport : Held, that a steamer chartered by the government as a transport on "government form " is not limited to the government in such a way as to deprive her owners of the right to reward for services rendered by her under the directions of the Queen's naval officers commanding at the place where INDEX TO MAIUTIME LAW DECISIONS. 199 Sal. 'Salvage — conilnucd. she is stationed. The Nile (Admiralty, May 4 and 11, 1875, Sir E. Pliillimore). government transport — assisting another transport : Held, that the owners, master, and crew of a steamship chartered to government as a transport on "govern- ment form," by which it is provided that "when necessary " they " will he required to tow other ves- sels," are nevertheless entitled to recover in the case of extraordinary towage services for salvage, even though the services be rendered with the assistance of officers and seamen of the nav}', and the salved vessel be laden with government stores. 'The Bertie (Admiralty, June 3, 1886, Sir James Hannen). indirect services without engagement — collision : Held unanimously, affirming the decision of Sir E. J. Philli- more, that where two vessels are in collision and a salvor renders service to one Avithout a request from or engagement by the other, and the latter is thereby secured from a position of immediate danger, such service being a direct benefit to both vessels, entitles the salvor to salvage reward from both. The right to be paid for salvage services accrues if they are rendered when a vessel is so circumstanced that a prudent man would accept them ; the danger must be direct and immediate, but acceptance of the service is not absolutely necessary, 2'he Vmidyck (Court of Appeal, Nov. 23, 1881, and March 8, 1882, Lord Cole- ridge, C. J., and Brett and Holker, L. JJ.). insurance — total loss onh', liability of underwriters for salvage expenses. See " Sue and Labour Clause." liability of salved goods to subsequent salvage, &c. ex- penses. See " General Average." lien of agent for charges : Held, that where a shipping agent is put into possession of a stranded vessel by the master, and by his order tenders services to and pays money for the cargo, he has a lien upon the cargo, the ship having broken up, for the full amount of his costs and charges. Ilingston v. Wenclt (Queen's 200 INDEX TO MARITIME LAW DECISIONS. Sal. Salvage — coiitimifd. Bench, Jan. 18, and Feb. 8, 187G, Blackburn and Lusli, JJ.). lien of master not transferred to agent. See " Fro rata Freigbt." life and cargo by different salvors : Held, Brett, J. A., dissenting, affirming the decision of Sir Eobert Philli- more, that where life salvage is performed by one set of salvors, and cargo salvage suT>sequently by another set of salvors, the cargo so salved is liable to contri- bute towards the reward due to the life salvors under the provisions of the Merchant Shipping Act, 1854, sects. 4.58, 459. Carffo ex Schiller (Court of Appeal, Dec. 7 and 11, 1870, and April 21, 1877, James, L. J., Baggallay and Brett, JJ. A.). life and ship — assisting vessel in distress. See " Devia- tion," and p. 40. life, but no property salved — master's contract : Held imanimously, affirming the decision of Sir Eobert Phillimore, that life salvage is only recoverable wliere ship, cargo, or freight is saved, so forming a fund out of which the award can be paid, hence ineffectual attempts to save property, though rendered at express request, give no claim to life salvage. Held further, that a contract made by a captain to be binding upon the owner, must be made for his benefit, and that a contract to pay for life salvage of captain and crew would not be such a contract. The Renpor (Court of Appeal, April 20, 1883, Brett, M. E., Cotton and Bowen, L. JJ). life — passengers and crow landed on inhabited island : Held, that when the crew and passengers of a wrecked ship arc taken off a barbarous but inhabited island, upon which they have been got ashore in safety, there is no salvage of life entitling the ship so taking them off to life salvage reward in the High Court of Admi- ralty, even although the wrecked people may be suffer- ing from scarcity of water and exposure, there being no immediate danger. Cargo ex Woosung (Admiralty^ INDEX TO MARITIME LA.W DECISIO>'S. 201 Sal.. Salvage — continued. June 25, July 16, 20, and 30, 1875, Sir E. Philli- more). life — vessel lost, liability of sliix) and cargo owners: Held, that where lives and cargo have been salved from a ship, but the ship has been herself totally lost, the owners of the cargo, but not the shipowners, are liable to contribute to the life salvage ; life salvage awards can only be made out of the res salved, and not against the owners of a ship personally. Specie ex Sarpedon (Admiralty, Nov. 13, 20, and 27, 1877, Sir E. Phillimore). lien upon cargo raised in navigable river with flat by flat owners : Held unanimously, that where a flat laden with a valuable cargo is sunk as a result of sea peril in a navigable river, and the owner of the flat, without entering into any contract with the owners of cargo, but with the consent of the underwriter thereof, raises the flat and cargo, he does not possess any lien on the cargo for the expenses of raising same, and must deliver it to the cargo-owners upon payment of the freight originally agreed upon with them ; his con- tract for raising being with the underwriter, his only remedy is against him. Castellain v. Thompson (Com- mon Bench, Nov. 21, 1862, Erie, C. J., AViUiams, Byles, Keating, JJ.). Refer p. 150. loan of navigator to ship with infectious disease on board : Held, that the loan of a navigator by a passing ship to a vessel with an infectious disease on board is a salvage service. The Skiblandcr (Admiralty, Nov. 16, 1877, Sir E. Phillimore). master refusing to act. See " Wreck." master selling without sufiicient efforts made. See "Wreck." master and seamen's share : Held, that where in a salvage action the Court awards 4,000?., and nO' special danger has been incurred b}^ the master or crew, the service being mainly towage, the Court may apportion 3,000Z. to the owners of the salving ship. The Kenmtcre Castle (Admiralty, Feb. 17, 1882, Sir E. Phillimore, and Trinity Masters). :202 INDEX TO MARITIME LAW DECISIONS. Sal. Salvage — con tin ited. meritorious services — negligence of salvors' agents — salvage incomplete and completed by other salvors : Ileld unanimousl}', reversing the decision of Dr. Lush- ingtou, that although salvors are responsible for the negligence of their agents, as where a tug employed by them tows a derelict so as to cause her to strand ; and although where salvage is not successful there can be no salvage reward, nevertheless, where a salvage is finally effected, and one set of salvors meritoriously contribute to that result, they are entitled to share in the reward, although the services they rendered, standing by themselves, would not have produced the successful result ; and no mere mistake or error of judgment in the manner of procuring it, and no misconduct short of that which is wilful and may be considered criminal, will work an entire forfeiture of the salvage. The Atlas (Privy Council, July 16, 1862, Eight Hon. Lords Chelmsford and Ivingsdown, and Sir J. T. Coleridge). See also Idem, " derelict vessel " ; and " unsuccessful attempts." misconduct of salvors — excessive number of salvors : Held, that misconduct on the part of the salvors other than criminal misconduct, as where they improperly take possession of a vessel flying a signal of distress in excessive numbers and act in defiance of the master, although it works a diminution, does not effect a total forfeiture of reward, llie Marie (Admiralty Cinque Ports, April 19, 20, 1882, Judge A. Cohen, Q. C). misconduct of salvors — forfeiture of award : Held, that where salvors, having taken possession of a vessel whose crew had taken refuge on board their (the salvors) vessel, improperly refuse to put the crew on board again or to take the preferred assistance of a tug, although they themselves had no local knowledge, and fm-ther bring the derelict to anchor in an improper jjlace, in consequence of which she was lost, although ship and cargo being subsequently raised realise a considerable sum, the salvors, having by their negli- gence led the ship into about as great peril as that from which she had been rescued, forfeit all claim to INDEX TO MARITIME LAW DECISIONS. 203 Sal. Salvage — coiuimtcd. salvage. The Tan Yean (Admiralty, May 25 aud June 26, 1883, Sir James Hanuen, assisted by Trinity Masters). payment of award Ly owners. ^SVe " Sue and Labour Clause." pilot as salvor : "It lias been urged in the argument for the owners that pilots are not to convert their duties into salvage services. This may be a correct position under ordinary circumstances ; at the same time it is to be observed that it is a settled doctrine of the Court that no pilot is bound to go on board a vessel in dis- tress to render pilot service for mere pilotage rewai'd. If a pilot, being told he would receive joilotage only, refused to take charge of a vessel in that condition, he would be subjected to no censure ; and if he did take charge of her, would be entitled to salvage remunera- tion." Judgment of Dr. Lushington in The Frederick. pilot as salvor : Held, that a person, whether a pilot or not, who takes charge of a vessel in distress with the consent of those on board, is entitled to salvage reward in the absence of an express agreement to the contrary. 27ie Anders Knape (Admiralty, May 13, 1879, Sir E. Phillimore). pilot as salvor : Held, reversing the decision of PoUock, B., with a jury, that a pilot is entitled to salvage reward if he shows that the vessel in question was in such distress as to be in danger of being lost, aud such as to call upon him to run such unusual danger, or incur such unusual responsibility, or exercise such unusual skill, or perform such an unusual kind of service, as to make it unfair and unjust that he should be paid otherwise than upon the terms of salvage reward ; as, for instance, where a vessel, though unin- jured, is on a lee-shore off a coast imknown to the crew, in a gale, and cannot beat to windv.'ard, and is being driven towards dangerous sands, and pilots put to sea at considerable risk, and pilot her to a safe anchorage ; or where, the pilot being on board, an unforeseen and extraordinary peril arises to the vessel 20-4 INDEX TO MARITIME LAW DECISIONS. SaU Sa\Ya.ge—co)itiiiurS'eitinued. liarbour aixtliorities receive, iudireetly even, certain dues payable by the damaged vessel, the harbour au- thorities having taken over the wreck and neglected to remove it, or to mark its position, are liable for the injury received by the vessel striking it. Dormont v. Fiirncss Railway Co. (Queen's Bench, March 10, and April 5, 1883, Kay, J.). lighting wreck : Held unanimously, reversing the deci- sion of Sir E. Phillimore, that where a vessel is sunk in a navigable river by collision for which she is solely to blame, and the harbour-master has been infonned thereof, and requested to light the wreck and has un- dertaken to do so, the owners of the vessel are not Hable for the non-lighting of the wreck, or for damages received by another vessel coming in contact therewith. The Douglas (Court of Appeal, June 21, 1882, Lord Coleridge, C. J., and Brett and Cotton, L. JJ.). removal thereof — ^lien on cargo. See "Limitation of Liability." 7?^/ort of discharge. See "Limits of Port." termination at port of shipment. See "General Average." while there after arrival — voyage and time policy : Held unanimously, reversing the decision of the Court of Exchequer (Kelly, C. B., and Amphlett, B., Cleasby, B., dissenting), that a policy of insurance covering a vessel to a certain port and for fifteen days while there after arrival, is both a voyage and a time policy, and does not lapse when the cargo is all out, but continues in force for the fifteen days while there, even if the vessel move from her discharging dock for the purpose of taking stiffening for another voyage. Gambles v. Ocean Marine Insurance Co. of Bomhay (Court of Appeal, Feb. 1, 1876, Lord Chancellor Cairns, Lord Coleridge, C. J., and Mellish, L. J.). Wager Policies, See "Illegal Insurance." over insurance. See " Concealment." Waiting Orders from Tow. See " Tug and Tow." Waiver of Tender, excessive demand. See "Tender." INDEX TO MAKITIME LAW DECISIONS. 237 Wan— Wea. Want of Water, immediate danger. See "Salvage," p. 200. Warehouse, Warehousing, cargo, expenses of. See " Port of Distress." Itefo- p. 87. carrier or consignees, agent. See " Stoppage in Transit." port without — river frozen. See " Lay Days," -p. 137. risk of craft, transhipment. See " Inception of Eisk." temporary repairs, auxiliary screw. See "General Average." Warrant arresting vessel. See " Arrest of Ship." Warranties, breach of, by master. See " Barratry." "no St. Lawrence": Held unanimously, reversing a decision of the Second Division of the Court of Session in Scotland, Lord Justice Clerk (Lord Moncrieff), Lords Young and Eutherford Clark (Lord Craighill dissent- ing), and confirming a prior decision of the Lord Ordinary (McLaren), that where in a policy of in- surance a warranty of "no St. Lawrence " between certain dates is inserted, the warranty must be taken as. applying to both the Gulf and Eiver St. Lawrence, there being no ambiguity or uncertainty in the clause sufficient to prevent the application of the ordinary rules of construction as to negative words. jBurrell v. Divyer (House of Lords, Feb. 25, 26, and March 17, 1884, Lord Chancellor Selborne, Lords Blackburn and Watson). Refer p. 218. seaworthiness not implied in time policy. Sfx "Sea- worthiness." warranted to tow in and out of port. See " Barratry." Water pumped into Vessel, fire. See " General Average." Water-logged Vessel, floating on cargo. See " Stranded, Sunk, or Burnt." Wear and Tear, damage revealing rotten wood. See " Collision," p. 59, general average claim. See " Machinery Claims." time policy — negligence. See " Seaworthiness." *23S IXDEX TO MARITIME LAW DECISIONS. Wea— Wre. "Weather preventing loading and unloading. See " Lay Days," pp. 134, 137, 139 to 141. Weight, contents, and value unknown. See "Cargo Claims," p. 45. Wharf named and unnamed. See "Lay Days," p. 138. Wharfinger, agent of carrier or consignee. See " Stoppage in Transit." biU of lading indorsed to. See " BiU of Lading," p. 17. Wheat, contract of carriage. See " Seawortliiness," While there, after arrival — time and voyage insurance. See " Voy- age." Whistle in Fog. See " Collision," pp. 75, 76. IWilful Default not barratry. See " Cargo Claims," p. 35. With Liberty to dock and undock. See " Liberty to Dock." Withdrawal, Notica of. See " Mutual Insurance." Without Benefit cf Salvage. Sec "Illegal Insurance." Without sufficient Cause, ten days' double pay. See " Master's Wages." Wood Cargo on deck — jettison. See " Deck Cargo," and p. 121. Working Days, Sundays, &c. See " Lay Days," p. 141. Wreck, damaging piers. See " Damage." duty to warn vessels of position. See " Sunken Wreck." passengers on a rock — life salvage. See "Salvage," p. 194. removal, liability for. See " Eemoval of Wreck." IXDEX TO MARITIME LAW DECISIONS. 239 Wre. "Wreck — contiitueot. salvage of cargo — master refusing to act — cargo miglit liave been saved : Held, that when a ship and cargo are in peril of being lost, the captain is called upon to act for the benefit of all concerned, and he is not at liberty to prefer the interests of one of the parties to those of another. Where the vessel is hopelessly lost, and a part of the cargo may be saved by cutting beams, the captain should treat the ship as utterly lost, and have regard only for the interests of the cargo and of the underwriters. The omission of the captain to take any steps towards saving the cargo, at a time when it was probable that his endeavours would be successful, precludes the assured from claiming for a total loss of cargo into whatever condition it might have been brought afterwards. Ciirrie ^- Co. V. The Bombay Native Instn-atice Co. (Privy Council, Dec. 10 and 18, 1869, Lord Chelmsford's judgment). salvage of cargo and sale — master's agency and duties : Held, affirming the decision of Jessel, M. E., that in the case of the Avreck of a vessel the master only becomes agent for the sale of the cargo, so as to bind the owners of the goods entrusted to him for carriage, in case of necessity, and it lies on those who purchase the goods from him to jirove that he, before selling, used all reasonable efforts to salve the goods, and have them forwarded to their destination. If salvors cannot be found near the wreck, it is the duty of the master to advertise in and visit neighbouring towns, and if terms cannot be made with any salvors he ought to consent to salvage without making terms. If he neglect to act in this way, and sells ship and cargo as they lie, cargo-owners can refuse to re- cognise his agency, and have sale annulled. The master can only make a valid sale of cargo when there are not any means available to him to j)ro- cure the goods to be carried to their destination as merchantable articles, or when the costs of so doino- would clearly exceed their value on arrival. Atlatitic JIutiial Insurance Co. v. Iluth (Court of Appeal, 240 INDEX TO MARITIME LAW DECISIONS. Wre— "Wro. Wreck — coutUtucd. June 16, 18, 19, 21, and 22, and Nov. 30, 1880, James, Cotton, and Thesiger, L. JJ., Thesiger, L. J., retired before judgment). Wreckage Cut Away. See " General Average." Written Clauses annulling printed. See " Charter-party," p. 52. 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Second Edition, with a chapter on the Newspaper Libel and Eci?istration Act, 1881. By W. Bt.akf. Odgees, M.A., LL.D., Barrister-at-Law. Royal 8vo. 1887. 1/. l'.^*. " "W'e have rarely examined a work wlikh shows so much industry. ... So Rood is the book, whicli in its topical an-angenient is vastly superior to the peneral run of law books, that criticism of it is a compliment rather than the reverse."— iaiii Journal. LICENSING,— Leiy and Foulkes' Licensing Acts, 1828, 1869, 1872, and 1874; containing the Law of the Sale of Liquors by Eetail and the Management" of Licensed Houses ; -n-ith Notes. Second Edition. By J. M. Lely and W. D. I. Foulkes, Esqrs., Barristcrs-at-Law. Royal r2mo. 1874. Ss. LIFE ASSURANCE.— Scratchley's Decisions in Life Assurance Law, collated alphabetically according to the point involved, with the Statutes and Cliapters on Points of Practice, &c. By Arthur ScEATCHLEY, Esq., BaiTi.'iter-at-Law. Demy 8vo. 1887. 10«. 6d. MAGISTERIAL LAW.— Shirley's Elementary Treatise on Magis- terial Law, and on the Practice of Magistrates' Courts.— By W. SniELEY Shieley, M.A., B.C.L., E.sq., Barrister-at-Law. Royal 12mo. 1881. 6s. 6d. Wigram. — Vide " Justice of the Peace." MARRIAGE.— Kelly's French Law of Marriage, and the Conflict of Laws that arises therefrom. By Edmond Kelly, M.A., of the New York Bar, Licencic en Droit de la Facidte do Paris. Royal 8vo. 188/5. 6s. MARRIAGE SETTLEMENTS.— Banning's Concise Treatise on the Law of Marriage Settlements; with an Appendix of Statutes. By H. T. Ba>-^ing, Esq., Ban'ister-at-Law. Demy 8vo. 1884. 15s. MARRIED WOMEN'S PROPERTY.— Lush's Married Women's Rights and Liabilities arising on Contracts, Torts, and Trusts. ByMoxTAGUE Lush, Esq., Barrister-at-Law. Royal 12mo. 1887. 5s. Smith's Married Women's Property Acts, 1882 and 1884, with an Introduction and Critical and Explanatory Notes, together with the Married Women's Property Acts, 1870 and 1874, &c. Second Edition Revised. By H. Aethue Smith, Esq., Barrister-at-Law. Royal 12mo. 1884. . 6*. " There are some excellent critical and explanatory notes, together with a good index, and reference to sometliinf,-- like two hundred decided cases. "—Xatii Times. MASTER AND SERVANT.— Macdonell's Law of Master and Servant. Part I. Commtm Law. Part II. Statute Law. By John MaCT)0nell,M. A., E.sq., Barrister-at-Law. DemySvo. 1883. U. 5*. " Mr. Macdonell has done his work thorouRhly and well. He has evidently bestowed great care and labour on his task, and has, therefore, produced a work which wiU be of real value to the practitioner." — Law Times. MAYOR'S COURT PRACTICE.— Candy's Mayor's Court Prac- tice.— Tlie .Jurisdiction, Process, Practice, and Mode of Pleading in Ordinary Actions in the Mayor's Court, London. By Geoege Cakdy, Esq., Barrister-at-Law. Demy 8vo. 1879. 14s. ♦ • All standard Law Works arc kept in Stock, in law calf and other lindings. 119, CHANCERY LANE, LONDON, W.C. 21 MERCANTILE LAW.— Russell's Treatise on Mercantile Agency. Second Edition. 8vo. 1873. 14,s. Smith's Compendium of Mercantile Law. — Tenth Edition. By John Macdoitoll, Esq., Barrister-at-Law, Author of "The Law of Master and Servant." [In the Fress.) Tudor's Selection of Leading Cases on Mercantile and Maritime Law.— With Notes. By O. D. Tudoe, Esq., Bamster-at-Law. Third Edition. Royal 8vo. 1884. 2;. 2s. Wilson's Mercantile Handbook of the Liabilities of Merchant, Shipowner, and Underwriter on Shipments by General Ves- sels. By Alexandeb Wilson, Sohcitor and Notary. Royal 12mo. 1883. 6s. Wood's Mercantile Agreements. — The Interpretation of Mercantile Agreements : A Summary of the Decisions as to the Meaning: of Words and Provisions in Written Agreements for the Sale of Goods, Charter-Parties, Bills of Lading, and Marine Policies. With an Appendix containing a List of Words and Expressions used in, or in connection with. Mercantile Agreements, and a List of Mercantile Usages. By John Dennistoun Wood, Barrister-at-Law. Royal Bvo. 1886. 18«. " A book of great use in the interpretation of written mercantile agreements."— ia!« Journal. " Elaborate, exhaustive, and carefully -written, and cannot fail to prove most valu- able to the profession." — Law Times. METROPOLIS BUILDING ACTS. — Woolrych's Metropolitan Building Acts, together with such clauses of the Metropolis Management Acts as more particularly relate to the Building Acts, witb Notes and Eorms. Third Edition. By W. H. Macnajiiaea, Esq., Ban-ister-at-Law. 12mo. 1882. 10s. MINES.— Rogers' Law relating to Mines, Minerals and Quarries in Great Britain and Ireland, with a Summary of the Laws of Foreign States, &c. Second Edition Enlarged. By Aeundel RoGEKS, Esq., Judge of County Courts. Svo. 1876. II. lis. M. MORTGAGE.— Coote's Treatise on the Law of Mortgage.— Fifth Edition. Thoroughly revised. By William Wyllys Mackeson, Esq., one of Her Majesty's Counsel, and H. Aethite Smith, Esq., Barrister-at-Law. 2 vols. Royal 8vo. 1884. 3^. " An exhaustive, compendious and reliable treatise on the law of Mortgage." — Law Times. " A complete, terse and practical treatise for the modem lawyer." — Solicitors'' Journal. MUNICIPAL CORPORATIONS.— Bazalgette and Humphreys.— Vide " Local and Municipal Government." LeIy's Law of Municipal Corporations. — Containing the Municipal Corporation Act, 1882, and the Enactments incorporated therewith, with a Selection of Suj)plementary Enactments, including therein the Electric Lighting Act, 1882, with Notes. By J. M. Lely, Esq., Barrister-at-Law. Editor of " Chitty's Statutes," &c. Demy Svo. 1882. 1,5s. " An admirable edition of one of the most important consolidating statutes of the year." — Law Journal. MUSIC HALLS.— Geary.— TiV/e "Theatres." NAVY.— Thring's Criminal Law of the Navy, with an Introductory Chapter on the Early State and Discipline of the Navy, the Rules of Evidence, and an Appendix comprising the Naval Discipline Act and Practical Forms. Second Edition. By TnEODOEE Theing, Bar- rister-at-Law, and C. E. Giefoed, Assistant -Paymaster, Royal Navy. 12mo. 1877. 12s. Qd. *^* All standard Law Works arc kept in Stock, in law calf and other bindings. 22 STEVENS AND SONS' LAW PUBLICATIONS. NEGLIGENCE. — Smith's Treatise on the Law of Negligence. Second Edition. By Hoeace Sihth, B.A., Esq., Barrister-at-Law, Recorder of Lincoln, Editor of "Addison on Contracts," &c. Demy 8vo. lSS-1. 12s. Qd. " Of great viilue both to the practitioner and student of law. It is not merely a book of reference, thoui^h it is likely to be very valuable in that capacity. It is not merely a digest of decisions arranged under appropriate heads; but it really answers to its title, and is a treatise on the law of negligence." — Solicitors' Journal. NISI PRIUS.— Roscoe's Digest of the Law of Evidence on the Trial of Actions at Nisi Pri us, —Fifteenth Edition. By Maueicb Powell, Es(i., Bamster-at-Law. 2 vols. Demy 8vo. 1884. 21. 10s. " ContLinies to be a vast and closely packed storehouse of information on practice at Nisi Prius." — /.air Journal. ""We do not observe any diminution in the care or accuracy with which the cases have been noted." — Solirilors' Journal. NONCONFORMISTS.— Winslow's Law Relating to Protestant Nonconformists and their Places of Worship; being a Legal Handbook for Noucouformists. By Reqinald Winslow, Esq., Barristui'-at-Law. Post Svo. 1886. 6s. NOTARY, — Brooke's Treatise on the Office and Practice of a Notary of England, — With a fuU collection of Precedents. Fourth Edition. By Leone Levi, Esq., E.S.A., of Lincoln's Inn, Bar- rister-at-Law. 8vo. 1876. U. 4s. OATHS.— Braithwaite's Oaths in the Supreme Courts of Judica- ture. — A Manual for the use of Commissioners to Administer Oaths in the Supremo Courts of Judicatui-e in England and Ireland, &c. Fovu-th Edition. Re-issue. By T. W. Bkaithwaite, of the Central Office. Foolscap Svo. 1884. Net, 2s. 6d. " The recognised guide of commissioners to administer oaths." — Solicitors' Journal. PARISH LAW.— Steer's Parish Law; being a Digest of the Law relating to the Ci\al and Ecclesiastical Government of Parishes and the Relief of the Poor. Fifth Edition. By W. H. Macnamaea, Esq., Barrister-at-Law. Demy Svo. [In tlte press.) " An exceedingly useful compendium of Parish Law." — Laiv Times. PARTNERSHIP.— Pollock's Digest of the Law of Partnership.— Third Edition. By Feebeeick Pollock, Esq., Barrister-at-Law. Author of " Principles of Contract at Law and in Equity." Demy Svo. 18S4. 8s. 6d. " Of the execution of the work we can speak in terms of the highest praise. The language is simple, concise and clear." — Law Magazine. " Praiseworthy in design, scholarly and complete in execution." — Saturday Ilcview. Turner. — Vide "Conveyancing." PATENTS.— Aston's (T.) Patents, Designs and Trade Marks Act, 1883, with Notes and Index to the Act, Rules and Forms. By Theodoee Aston, Q.C. Royal 12mo. 1884. 6s. Johnson's Patentees' Manual. — Being a Treatise on the Law and Practice of Letters Patent. E.specially intended for the use of Patentees and Inventors. Fifth Edition. By James Johnson, Barri.ster-at-Law ; and J. Heney JonNSON, Solicitor and Patent Agent. Demy Svo. 1884. 10s. Gd. Johnson's Epitome of the Law and Practice connected with Patents for Inventions; with a Reprint of the Patents Acts of 1883, ISSo, and 1S86, and Rules, and a Summary of the Patent Laws of Foreign Coimtries and British Colonies. By James John- 80N, Barrister-at-Law, and J. Heney JonNSON, Solicitor and Patent Agent. Authors of "The Patentee's Manual." Post Svo. 1887. Nd, 2s. Qd. •»* All standard Law Works arc kept in Stock, in law calf and other bindings. 119, CHANCERY LANE, LONDON, W.C. 23 PAT E N TS — continued. Morris's Patents Conveyancing. — Being a Collection of Precedents in Conveyancing- in relation to Letters Patent for Inventions. Arranged as follows : — Common Forms, Agreements, Assignments, Mortgages, Special Clauses, Licences, Miscellaneous ; Statutes, Rules, &c. With Dissertations and Copious Notes on the Law and Practice. ByRoBEETMoEEis,M.A.,Barrister-at-Law. Royal 8vo. 1887. 11. 5s. Munro's Patents, Designs and Trade Marks Act, 1883, with the Rules and Instructions, together with Pleadings, Orders and Prece- dents. By J. E. Ceawfoed Muneo, Esq., Bamster-at-Law. Royal 12mo. 1884. 10s. 6d. Thompson's Handbook of Patent Law of all Countries. — By Wm. p. Thompson, Head of the International Patent Office, Liver- pool. Sixth Edition. 12mo. 1884. Net, 2s. M. PAWN. — Turner's Contract of Pawn, as it exists at Common Law, and as modified by the Factors' Acts, the Pawnbrokers' Acts, and other Statutes. By Feancis Tuenee, Esq., Bamster-at-Law. Second Edition. 8vo. 1883. 12s. Turner's Pawnbrokers' Act, 1 872.— With Explanatory Notes. By Feancis Tuenee, Esq., Barrister-at-Law. Third Edition. 1883. Net, 2s. Qd. PERPETUITIES. — Marsden's Rule against Perpetuities. — A Treatise on Remoteness in Limitation ; with a chapter on Accumu- lation and the Thelluson Act. By Reginald G. Maesden, Esq., Ban-ister-at Law. Demy 8vo. 1883. 16s. "Mr. Marsden's work is entitled to be called a new one both in treatment and in design. He has handled a difficult subject with intelligence and clearness." — Law Times. PERSONAL PROPERTY.— Shearwood's Concise Abridgment of the Law of Personal Property ; showing analytically its Branches and the Titles by which it is held. By J. A. Sheaewood, Esq., Barrister-at-Law. 1882. 5s. &d. " "Will be acceptable to many students, aa g:iving them, in fact, a ready-mado note book." — IndermauT^s Law Stiulents' Journal. S m it h .^ Vide ' ' Real Property. ' ' PLEADING. — Allen's Forms of Indorsements of Writs of Sum- mons, Pleadings, and other Proceedings in the Queen's Bench Division prior to Trial, pursuant to the Rules of the Supreme Court, 1883; with Introduction, showing the principtd changes introduced by these Rules, and a Supplement of Rules and Forms of Pleadings applicable to the other Divisions. By Geoege Baxjgh Allen, Esq., Special Pleader, and Wilfeed B. Allen, Esq., Barrister-at-Law. Royal 12mo. 1883. 18s. " A most excellent handbook and guide . . . will be very useful to most legal practitioners." — Solicitors' Journal. Bullen and Leake's Precedents of Pleadings, with Notes and Rules relating to Pleading. Fourth Edition. By Thomas J. Bullen, Esq., Special Pleader, and Cteil Dodd, Esq., Ban-ister-at- Law. Parti. Royal 12mo. 1882. {Fart II. in the press.) 11. is. POISONS. — Reports of Trials for Murder by Poisoning; by Prussic Acid, Strychnia, Antimony, Arsenic and Aconitine; including the trials of Tawell, W. Palmer, Dove, Madeline Smitli, Dr. Pritchard, Smethurst, and Dr. Lamson. With Chemical Introductions and Notes on the Poisons used. By G-. Latham Beowne, Esq., Barrister-at-Law, and C. G. Stewaet, Senior Assis- tant in the Laboratory of St. Thomas's Hospital, &c. Demy 8vo. 18S3. 12s. 6d. *f^* All standard Law Works are kept in Stock, in law calf and other bindings. 24 STEVENS AND SONS' LAW PUBLICATIONS. POWERS. — Farwell on Powers. — A Concise Treatise on Powers. By Geoege Faewell, B.A., of Lincoln's Inn, Esq., Barrister-at-Law. 8vo. 1874. 11. U. PRINTERS, PUBLISHERS, &c.— Powell's Laws specially affect- ing Printers, Publishers and Newspaper Proprietors. By Aethue Powell, Esq., Barrister-at-Law. Demy 8vo. 1887. 7s. Gd. PROBATE.— Browne's Probate Practice; A Treatise on the Prin- ciples and Practice of the Court of Probate, in Contentious and Non- Contentious Business. Revised, enlarg-ed, and adapted to the Practice of the High Court of Justice in Probate btisiness. By L. D. PowLES, Barrister-at-Law. Including Practical Directions to Solicitors for Proceedings in the Registry. By T. "W. H. Oaklet, of the Principal Registry, Somerset House. 8vo. 188L II. lOs. •^* Supplement to above. By L. D. Powles, Esq., Barrister-at- Law. Demy Svo. 1884. 6s. PUBLIC HEALTH.— Bazalgette and Humphreys.— Ti^e "Local and Municipal Government." Chambers' Digest of the Law relating to Public Health and Local Government. — With Notes of 1,260 leading Cases. The Statutes in full. A Table of Offences and Punishments, and a CopioTis Index. Eighth Edition (with Supplement corrected to May 21, 1887). Imperial 8 vo. 1881. _ 16s Or, the above with the Law relating to Highways and Bridges. II. PUBLIC MEETINGS.— Chambers' Handbook for Public Meet ings, including Hints as to the Summoning and Management of them. Second" Edition. By Geoege F. Chambers, Esq., Barrister at-Law. Demr 8vo. 1886. Mt, 2s. 6d. QUARTER SESSIONS.— Archbold.— riWd^ " Criminal Law." Leeming & Cross's General and Quarter Sessions of the Peace — Their Jurisdiction and Practice in other than Criminal matters Second Edition. By Horatio Lloyd, Esq., Judge of County Courts and H. F. TnuRLOW, Esq., Barrister-at-Law. Svo. 1876. H. Is Pritchard's Quarter Sessions. — The Jurisdiction, Practice and Pro cediu-e of the Quarter Sessions in Criminal, Civil, and AppeUato Matters. By Thos. Sieeell Peitchaed, Esq., Barrister-at-Law Svo. 1875. (Published at 21. 2s.) Reduced to tiet 12s RAILWAYS.— Browne and Theobald's Law of Railway Com panies. — Being a Collection of the Acts and Orders relating to Railway Companies, with Notes of all the Cases decided thereon, and Appendix of Bye-Laws and Standing Orders of the House of Commons. By J. H. Balfour Beowne, Esq., Registrar to the Railway Commissioners, and H. S. Theobald, Esq., Barristers-at- Law. Demy Svo. 1881. U. 12s. " Contains in a very concise form the whole law of railways." — Tlie Time^._ " The leariKTl authors seem to have presented the profession and the public with tho most ample information to be found whether they want to know how to start a rail- way, how to frame its bye-laws, how to work it, how to attack it for injiu-y to person or property, or how to wind it up." — Lavj Times. RATES AND RATING.— Castle's Practical Treatise on the Law of Rating.— Second Edition. By Edwaed James Castle, Esq., Barrister-at-Law. Demy 8vo. 1886. 25s. " A correct, exhaustive, clear and concise view of the law." — Law Times. Chambers' Law relating to Rates and Rating; with especial reference to the Powers and Duties of Rate-levying Local Authori- ties, and their Officers. Being the Statutes in "full and brief Notes of 550 Cases. By G. F. Chambees, Esq., Barrister-at-Law. Imp. Svo. 1878. Reduced to 10 s. •„* All standard Latv Works are kept in Stock, in law calf and other bbidings. 119, CHANCERY LANE, LONDON, W.C. 25 REAL ESTATE.— Foster's Law of Joint Ownership and Partition of Real Estate.— By Edwaed John Fostee, M.A., late of Lincoln',s Inn, Barrister-at-Law. 8vo. 1878. 10s. 6d. REAL PROPERTY.— Greenwood's Real Property Statutes; com- prising those pa.sscd during' the years 1874 — 1884, inclusive, consolidated with the earlier statutes thereby amended. With copious notes. Second Edition. By Haeet Geeenwood, M.A., LL.M., assisted by Lees Knowles, M.A., LL.M., Esqrs., Bar- risters-at-Law. Demy 8vo. 1884. II. 5s. " The second edition of this useful collection of statutes relating to real property will be heartily welcomed by conveyancers and real property lawyers. In refening to it as a collection of statutes, however, we do not fully describe it, because the method adopted by the author of grouping together the pro-s-isions of the various Acts, which are in pari materid, combined with the fullness and accuracy of the notes, entitles the book to rank high amongst treatises on the law of real property." — Law Journal. Leake's Elementary Digest of the Law of Property in Land. — Containing : Introduction. Part I. The Sources of the Law. — Part II. Estates in Land. By Stephen Maetin Leake, Barrister- at-Law. 8vo. 1874. \l. Is. Shearwood's Real Property. — A Concise Abridgment of the Law of Real Property and an Introduction to Conveyancing. Designed to facilitate the subject for Students preparing for examination. By Joseph A. Sheaewood, of Lincoln's Inn, Esq., Barrister-at-Law. Third Edition. Demy 8vo. 1885. 8s. M. " We heartily recommend the work to student's for any examination on real property and conveyancing, ad\'ising them to read it after a pei-usal of other works and shortly before going in for the examination." — Law StwUnVs Journal. " A very useful little work, particularly to students just before their examination." — Gibson's Law Notes. " A very excellent specimen of a student's manual." — Law Journal. " One of the most obvious merits of the book is its good arrangement. The author evidently understands ' the art of putting things.' All important points are so printed as to readily catch the eye." — Law Times. Shelford's Real Property Statutes.— Ninth Edition. By T. H. Caeson, Esq., Barrister-at-Law. [In the press.) Smith's Real and Personal Property. — A Compendium of the Law of Real and Personal Property, primarily connected with Con- veyancing. Designed as a second book for Students, and as a digest of the most useful learning for practitioners. By Josiah W. Smith, B.C.L., Q.C. Sixth Edition. (Enlarged, and embodying the alterations made by the recent Statutes.) By the Authoe and J. Teusteam, LL.M., of Lincoln's Inn, Barrister-at-Law. 2 vols. Demy 8vo. 1884. 21. 2s. " He (the author) has given to the student a book which he may read over and over again ■vsith profit and pleasure." — Law Times. " WlU be foxmd of very great service to the practitioner." — Solicitors' Journal. " The book will be found very handy for reference purposes to practitioners, and very useful to the industrious student as covering a gi'eat deal of ground." — Gibson's Law Notes." " A really useful and valuable work on our system of Conveyancing. We think this edition excellently done." — Law Student's Journal. REGISTRATION.— Rogers.— Fi^e" Elections." Coitman's Registration Cases.— Vol. I. (1879—1885). Royal 8vo. Calf. ^''et, 21. 8«. Fox's Registration Cases.— Vol. I., Part I. (1886). (In continua- tion of Coltman.) Net, 4s. RENTS.— Harrison's Law Relating to Chief Rents and other Rentcharges and Lands as affected thereby, with a chapter on Restrictive Covenants and a selection of Precedents. By William Haeeison, Solicitor. Demy r2mo. 1884. 6s. \* All standard Law Works arc kept in Stock, in laiv calf and other bindings. 26 STEVENS AND SONS' LAW PUBLICATIONS. ROMAN LAW.— Goodwin's XII, Tables.— By Eeedeeick Goodwin, LL.D. Lomiou. Royal 12mo. 1886. 'Ss. Gd. Greene's Outlines of Roman Law.— Consisting chiefly of an Analysis and Summary of tlie Institutes. For the use of Students. By T. WinTCOMBE Geeene, Barrister-at-law. Fourth Edition. Foolscap Svo. 1884. 7s. 6d. Means' Student's Gaius and Justinian.— The Text of the Institutes of Gaius aud Justinian, The Twelve Tables, and the CXVIII. and CXXVII. Novels, with Introduction and Translation by T. Lambert Meaes, M.A., LL.D. Lond., of the Inner Temple, Ban-ister-at- Law. Post Svo. 1882. (Published at 18s.) Reduced to Net, 9s. Mears' Student's Ortolan.— An Analysis of M. Ortolan's Institutes of Justinian, including the Historj' and Generalization of Roman Law. By T. Lambeet Meaes, M.A., LL.D. Lond. Second Edition. {!» the press.) Ruegg's Student's "Auxilium"to the Institutes of Justinian. — Being a complete sjaiopsis thereof in the form of Question and Answer. By Alfeed Heney Rueqg, of the Middle Temple, Barrister-at-Law. Post 8vo. 1879. 5s. " Thp strident will be greatly assisted in clearing and arranging his knowledge by a work iif this kind." — Lmv Joumcl. SALES.— Blackburn on Sales. A Treatise on the Effect of the Con- tract of Sale on the Legal Rights of Property and Possession in Goods, Wares, and Merchandise. By Lord Blackbuen. Second Edition. By J. C. Geaham, of the Middle Temple, Esq., Barrister- at-Law. Royal 8vo. 1885. 1^- Is. " We have no hesitation in saj-ing that the work has been edited with remarkable ability and success, and if we may hazard a speculation on the cause, we should say that the editor has so diligently studied the excellent methods and work of his author aa to have made liimselif a highly competent workman in the same kind."— iow QuarUrly Eevu-w, Apiil, 1S8G. SALES OF LAND.— Gierke and Humphry's Concise Treatise on the Law relating to Sales of Land. By Atjbeet St. John Cleeke, of the Middle Temple, and Hugh M. Htimphey, of Lincoln's Inn, Barristers-at-Law. Royal 8vo. 1885. 11. 5s. " As an acciirate, concise, and practical digest of the law on the subject we think it deserves to rank high." — Solicitors'' Journnl. "The book is written in the condensed stylo of the notes to 'Setonon Decrees,' and succeeds admirably in reducing the ctfect of several cases to a proposition, which is briefly formulated "and followed by the authorities on \^'hich it is based."— iaiy Journal. " The arrangement is extremely good, and the mode of treatment particularly clear ; but the substance is as good as the form. . . . The work will be very useful to all who are concerned in sales of land, and will be invaluable to young practitioners." — Law 2'ivies. SETTLED ESTATES STATUTES.— Middleton's Settled Estates Statutes, including the Settled Estates Act, 1877, Settled Land Act, 1882, Improvement of Land Act, 1864, and the Settled Estates Act Orders, 1878, with Introduction, Notes and Forms. Third Edition. With Appendix of Rules and Forms under the Settled Laud Act, 1882. By 3 joules, W. Middleton, B.A., Barrister- at-Law. Royal 12mo. 1882. 7s. &d. " In form the book is very simple and practical, and having a good index it is sure to afford material assistance to every practitioner who seeks its aid."— Xomj Journal. " The best manual on the subject of settled estates which has yet appeared." SHERIFF LAW.— Churchill's Law of the Office and Duties of the Sheriff, witli the Writs and Forms relating to the Office. Second Edition. P.y Cameeon CnuEcniLL, B.A., of the Inner Temple, Barrister-at-Law. Demy Svo. 1882. U. 4s. " A very complete treatise." — Solicitors' Journal. " Under-sheriffs, and lawyers generally, will find this a useful book."— iar« Moff. %* All standard Law Works are kept in Stock, in law calf and other bindings. 110, CHANCERY LANE, LONDON, W.C. 27 SHIPPING. — Boyd's Merchant Shipping Laws ; being a Consolida- tion of all the Merchant Shipping and Passenger Acts from 1854 to 1876, inclusive ; with Notes of all the leading English and American Cases, and an Appendix. By A. C. Boyd, LL.B., Esq., Barrister- at-Law. 8vo. 1876. U. 5.s-. Foard's Treatise on the Law of Merchant Shipping and Freight. — By James T. Foaed, Barrister-at-Law. Royal 8vo. 1880. Half calf, U. Is. SLANDER.— Odgers.— 71f^e " Libel and Slander." SOLICITORS.— Cordery's Law relating to Solicitors of the Supreme Court of Judicature. With an Appendix of Statutes and Rules. By A. Coedeey, of the Inner Temple, Esq., Barrister- at-Law. Demy 8vo. 1878. 14s. "Mr. Cordery wi-ites tersely and clearly, and displays in general great industry and care in the collection of cases." — Solicitors' Journal. Turner. — Vide " Conveyancing" and " Vendors and Purchasers." Whiteway's Hints to Solicitors. — Being a Treatise on the Law re- lating to their Duties as Officers of the High Court of Justice ; with Notes on the Recent Changes aiiecting the Profession. By A. R. Whiteway, M.A., of the Equity Bar and Midland Circuit. Royal r2mo. 1883. " 6s. SPECIFIC PERFORMANCE.— Fry's Treatise on the Specific Performance of Contracts. By the Hon. Sir Edwaed Fry, a Lord Justice of Appeal. Second Edition. By the Author and W. Donaldson Rawlins, of Lincoln's Inn, Esq., Barrister-at-Law. Royal 8vo. 1881. U. 16s. STATUTE LAW.— Wilberforce on Statute Law. The Principles which govern the Construction and Operation of Statutes. By E. WiLBEEFOECE, Esq., Barrister-at-Law. 1881. IBs. STATUTES, and vide " Acts of Parliament." Chitty's Collection of Statutes from Magna Charta to T886.— A Collection of Statutes of Practical Utility, arranged in Alphabetical and Chronological order, with Notes thereon. 'The Fourth Edition. By J. M. Lely, Esq., ]3an-ister-at-Law. In 7 vols., and 1 part. Royal 8vo. 1880-6. Published at 151., reduced to net. 71. 10s. Or sold separately — 6 vols. Magna Charta to 1880. Mt 61. 6s. 1 vol. 1881 to 1885 iachisive. 21. '2s. 1 part. 1886. 6s. 6^. Extracts from Preface.]— The alphabetical arrangement of subjects is strictly adhered to, the Statutes being printed one after another in chronological order, under such well-known heads as " Companies," " Evidence," "Poor," &c. With regard to the contents of the volimies, the key-note remains as before— "practical utility." But it should be stated, for the sake of greater clearness, that the Collection is intended to include all the public Statute.-!, except repealed and obsolete enactments, Acts relating to Scotland or Ireland only or to limited areas in England, and Acts rarely referred to in ordinary practice. The various titles are pretixed by Tables of Contents, which will, it is hoped, serve the double purpose of showing at a glance the general course of the legislation with which the practitioner is busied, and also of guiding him to any particular enactment of which he may happen to he in search. A " General Index " and a Clu'onological Table of all the Statutes collected will be found in the concluding volume. Opinions of the Fress. "The codification of the Statutes, rmlike the codification of the Common Law, presents indubitable advantages. The collection of the late Mr. Chitty and his subsequent editors is practically no less authoritative, and rendered more useful by *-* All standard Law Works are hept in Stock, in latv calf and other bindings. 28 STEVENS AND SONS' LAW PUBLICATIONS. STAT U TES—conthiued. the addition of commentary and decided cases, than an official code ■would be. The inten-al of twenty yeai-s liitherto ohserved between the editions of this -work since its first appeju-ance in 1825 has been conveniently shortened to fifteen between the last edition and that now before us. It does not'take long^, in an era when lefrislation does c^en-thinsr for us and we do nothing for ouiselves, for a roll of statutes to accumulate sutliciont to make the mhlfrtda almost as voluminous as the body of the ■work. The Acts relating to Bankruptcy, Mamed Women's Propertj-, Shipping, the Judicatme, Bills of Sale, Artizans' Dwellings, and Public Worship are only a small sample of the important legislation wliich the new edition embodies. It is needless to enlarge on the value of ' Chitty's Statutes ' to both the Bar and to Solicitors, for it is attested by the experience of many years. It only remains to point out that INIr. Lely's work in bringing up the collection to the present time is distinguished by care and" judgment. The ditiiculties of the editor were chiefly those of selection and arrangement. A very slight laxness of rule in including or excluding certain classes of Acts would materially affect the size and compendiousness of the work. Still more important, however, is the way in which the mechanical difficulties of an-angement are met. The Statutes are compiled under sufficiently comprehensive titles, in alpha- betical order. Jlr. Lely, moreover, supplies us with three indices — the first, at the head of each title, to the enactments comprised in it ; secondly, an index of Statutes in chronological order ; and, lastly, a general index. By these cross references research into every branch of law governed by the Statutes is made easy both for lawj-er and layman." — The Times. '" A very satisfactory edition of a time-honovired and most valuable work, the trusty guide of present, as of former, judges, jurists, and of all others coimected with the administration or practice of the lavi."— Justice of the Pence. " 'Chitty ' is pre-eminently a friend in need. Those who do not possess a complete set of the Statutes turn to its clu-onological index when they wish to consult a particular Act of Parliament. Those who wish to know what Acts are in force with reference to a particular subject turn to that head in ' Chitty,' and at once find all the material of which they are in quest. Moreover, they are, at the same time, referred to tlie most important cases which tlirow light on the subject." — Law Journal. Public General Statutes. Royal 8vo. Issued in parts and in com- plete volumes, and supplied immediately on publication. SUMMARY CONVICTIONS.— Paley's Law and Practice of Sum- mary Convictions under the Summary Jurisdiction Acts, 1848 and 1879; including Proceedings preliminary and subsequent to Convictions, and the responsibility of Convicting Magistrates and their Officers, with Forms. Sixth Edition. By W. H. Macna ma ba, Esq., Barrister-at-Law. Demy 8vo. 1879. 1^. 4s. Wigram. — Vide " Justice of the Peace." SUMMONSES AND ORDERS.— Archibald,— 7'i^e <' Chamber Prac- tice." TAXES ON SUCCESSION.— Trevor's Taxes on Succession.— A Digest of the Statutes and Cases (including those in Scotland and Ireland) relating to the Probate, Legacy and Succession Duties, with Practical Observations and Official Forms. Fourth Edition. By Evelyn Freeth and R. J. Wallace, of the Legacy and Succession Duty Office. Royal I'imo. 1881. Vis. U. " Contains a great deal of practical information." — Imw Journal. TAXPAYERS' GUIDES.— Tiffe "Hou.se Tax," "Income Tax," and " Land Tax." THEATRES AND MUSIC HALLS.— Geary's Law of Theatres and Music Halls, including Contracts and Precedents of Contracts.— By W. N. M. Geary, J. P. With Historic.d Intro- duction. By James Williajis, Esqrs., Barristers-at-Law. 8vo. 1885. 5s. TITHES.— Bolton's Tithe Acts; including the Recent Act for the Limitation and Redemption of Extraordinary Tithe; with an Intro- duction and Observations and copious Index. By T. II. Bolton, Solicitfjr. Royal 12mo. 1886. 6s. *»• All standard Law JForks are kept in Stock, in law calf and other bindings. 119, CHANCERY LANE, LONDON, W.C. 29 TORTS. — Addison on Torts; being a Treatise on Wrongs and their Remedies. — By 0. G-. Addison, Esq. Sixth Edition. By Horace Smith, Esq., Bencher of the Inner Temple, Recorder of Lincoln, Editor of "Addison on Contracts," &c., &c. Royal 8vo. 1887. U. I8s. " Upon a careful perusal of the editor's work, we can say that he has done it exceUently." — Law Quarterly Review. " As now presented, this valuable treatise must prove highly acceptable to judges and the profession." — Law Times. " An indispensable addition to every lawyer's library." — Law Magazine. Bail's Leading Cases on the Law of Torts, with Notes. Edited by W. E. Bail, LL.D., Esq., Barrister-at-Law, Author of "Prin- ciples of Torts and Contracts." Royal 8vo. 1884. U. Is. " The notes are extremely, and as far as we have been able to discover uniformly, good. . . There is much intelligent and independent criticism." — Solicitors' Journnl. "All the cases given are interesting, and most of them are important, and the comments in the notes are intelhgent and useful." — Law Journal. Pollock's Law of Torts ; a Treatise on the Principles of Obligations arising from Civil Wrongs in the Common Law. By Feedeeick Pollock, of Lincoln's Inn, Esq., Barrister-at-Law ; Corpus Pro- fessor of Jui-isprudence in the University of Oxford ; Professor of Common Law in the Inns of Com-t ; late Fellow of Trinity College, Cambridge ; and Honorary Doctor of Laws in the University of Edinburgh. Author of "Principles of Contract," "A Digest of the Law of Partnership," &c. Demy 8vo. 1887. 11. Is. "It is impossible to speak of Mr. Pollock's latest production except in terms of unqualified praise. To say that it is framed upon the same lines as the ' Principles of Contract,' by the same author, and that it reaches the same high standard of ex- cellence, would without more probably prove a sufficient commendation to the pro- fession generally. ... To the practitioner, as well as to the student, Sir. PoUock's work will pi-ove most useful. It fills an empty space in the legal library, and supplies a clear want. It is concise, logically an-anged, and accurate." — Law Times, Februaiy, 2G, 1887. "The work is one 'professing to select rather than to collect authorities,' but the leading cases on each branch of the subject will be found ably dealt with. A work bearing Mr. Pollock's name requires no recommendation, If it did, we could heartily recommend this able, thoughtful and valuable book .... as a very successful and instructive attempt to seek out and expound the principles of duty and liability underlying a branch of the law in which the Scottish and English systems do not materially diSer."~Jour?{al of Jurisprudence, March, 18S7. " A book which is well worthy to stand beside the companion volume on 'Contracts.' . . . . Unlike so many law-books, especially on this subject, it is no mere digest of cases, but beais the impress of the mind of the writer from beginning to end." — Lniv Journal, March 19, 1887. Shearwood's Sketch of the Law of Tort for the Bar and Sohcitor.s' Final Examinations. By Joseph A. Sheaewood, Esq., Barrister-at- Law. Author of ' ' Concise Abridgments of the Law of Real and Personal Property," &c. Royal I'imo. 1886. 3«. TRADE MARKS.— Aston.— 7'iWe "Patents." Hardingham's Trade Marks; Notes on the British, Foreign, and Colonial Laws relating thereto. By Geo. G-atton Melhtjish Haedingham, Consulting Engineer and Patent Agent. Royal 12mo. 1881. Ket, 2s. Qd. Sebastian's Digest of Cases of Trade Mark, Trade Name, Trade Secret, Goodwill, &,c., decided in the Courts of the United Kingdom, India, the Colonies, and the United States of America. By Lewis Boyd Sebastian, B.C.L., M.A., Esq., Barrister-at-Law. 8vo. 1879. 11. Is. " A digest which will be of very great value to all practitioners who have to advise on matters connected with ti'ade marks." — Solicitors' Journal. %* All standard Law Works arekept in Stock, in law calf and other bindings. 30 STE\Ti:NS AND SONS' LAW PUBLICATIONS. TRADE MARKS— continKcd. Sebastian on the Law of Trade Marks,— The Law of Trade Marks and their Ecgistration, and matters connected therewith, including a chapter on Goodwill. Together with The Patents, Designs and Trade Marks Act, 1S83, and the Trade Marks Rules and Instructions thereimder ; Forms and Precedents ; the Merchandise Marks Act, 1862, and other Statutory enactments ; The United States Statutes, 1870—81, and the Pules and Foiins thereunder ; the Treaty with the United States, 1877. Second Edition. By Lewis Boyd Sebastian, B.C.L., M.A., Esq., Barrister-at-Law. Demy Svo. 1884. 1/. Is. "A complete and exliaustive treatise on its subject, and is indispensable to prac- titionei-s who have to deal -with this branch of law." — Solii-itor.f' Journal. " Mr. Sebastian has -mritten the fullest and most methodical book on trade marks which has appeared in England since the passing of the Trade Marks Registration Acts." — Trade Marks. TRAMWAYS.— Bazalgette and Humphreys. — Fiffe "Local and Municipal Government." Sutton's Tramway Acts of the United Kingdom ; with Notes on the Law and Practice, an Introduction, including the Proceedings before the Committees, Decisions of the Referees with respect to Locus Standi, and a Siunmaiy of the Principles of Ti-amway Rating, and an Appendix containing the Standing- Orders of Parliament, Rules of the Board of Trade relating to Tramways, &c. Second Edition. By Heney Sutton, B.A., assisted by Robeet A. Bennett, B.A., Barristers-at-Law. Demy 8vo. 1883. 15s. 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