SUBJECTS OF CASES. See Carriage of Goods, No. 22-Charter-party, No. 1 -Jurisdiction-Marine Insurance AssociationNecessaries, No. 3. MARINE INSURANCE ASSOCIATION. page 289 1. Rules of Power to expel member - Expulsion 4. Rules of Several insurance-Policies signed by 469 .530, 570 5. Rules of Special rate policies-Non-members-Ultra vires.-The issuing of special rate policies to non-members by the managers of such an association as above without authority by rule or otherwise is ultra vires. (L. JJ. affirming M. R.) Id. .530, 570 MARITIME LIEN. See Master's Wages and Disbursements, Nos. 9, 10-Mortgagees, No. 1-Necessaries, Nos, 1, 2, 3, 5. MARSHALLING ASSETS. See Master's Wages and Disbursements, No. 9. MASTER. See Carriage of Goods, Nos. 33, 34, 35, 36, 39, 43Marine Insurance, No. 46-Master's Wages and Disbursements. MASTER, DUTY AND POWERS OF. See Carriage of Goods, Nos. 33, 34, 35, 36, 39, 43. -Collision, Nos. 32, 33-Damage, No. 5-Marine Insurance, No. 46-Master's Wages and Disbursements-Necessaries, No. 4-Sale of Ship. MASTER'S WAGES AND DISBURSEMENTS. 1. Co-owners-Set-off — Counter-claim-AccountMerchant Shipping Act 1854, sect. 191.-In a suit for wages and disbursements by a master, who is also co-owner, the other co-owners may, under the Merchant Shipping Act 1854 (17 & 18 Vict. c. 104) s. 191, set up a counter claim or set-off in respect of outstanding co-ownership accounts, and claim that the balance (if any) be paid to them. (Adm.) The City of Mobile ..page 123 2. Co-owner-Set-of― Counterclaim AccountReference to registrar and merchant-Merchant Shipping Act 1854, sect. 191-Pleading.-To a petition claiming master's wages and disbursements, and praying a reference of any accounts arising in respect thereto to the registrar and merchants, an answer alleging the master to be also co-owner, and that accounts are outstanding between the plaintiff and the defendants, as coowners, showing a balance on all accounts in favour of the defendants, and praying a reference to the registrar and merchants of all master's and co-ownership accounts, will be allowed by the High Court of Admiralty. (Adm.) Id. 3. Forfeiture of wages Drunkenness in port.Occasional drunkenness in port on the part of the master of a vessel will not, if unaccompanied with neglect of duty, work a forfeiture of wages. (Adm.) The Roebuck... 4. Forfeiture of wages· · Constant drunkenness.Semble, that constant drunkenness on the part of a master, whether there be proof of neglect of duty or not, will work a forfeiture of either the whole or part of his wages, according to circumstances. (Adm.) Id...... - 123 387 387 5. Forfeiture of wages-Disobedience to ordersDamage to ship-Ship worked against orders.— Where a master receives express orders from his owners as to the voyage which he is to make, and the ports to which he is to take the ship, and those orders are given under and with a view to a state of circumstances (political) out of which danger might arise to the ship, and which are known to and discussed by the master and owner at the time when they are given, the master is not justified, out of an alleged apprehension of that danger, in taking the ship on other voyages and to other ports; and if he does so take the ship, he will not be entitled to recover his wages for the time during which she is engaged against the owner's orders, even if the voyage is for the owners' benefit (Adm.) Id. 387 6. Forfeiture of wages-Desertion-What amounts to-Animus revertendi.-A master's wages may SUBJECTS OF CASES. be forfeited by desertion, but there can be no absolute desertion of his ship working a forfeiture of the whole of his wages if there be an animus revertendi upon the part of the master. (Adm.) Id. page 387 7. Forfeiture of wages-Leaving ship for unreasonable time-Appointment of another masterRight to recover.-Where a master quits his ship and remains away for such a time and under such circumstances as leads his owners reasonably to suppose that he has no intention of returning, the owners will be justified in removing the vessel from the place where it is left, and appointing another master; and the original master will not be entitled to recover his wages for any period after the time when he so quitted the ship. (Adm.) Id. 8. Forfeiture of wages-Error of judgment-Negligence-Disobedience-No mala fides.-Where a master receives instructions to take the balance of freight due at the end of a voyage in cash, or by bank bill upon London, and, without sufficient inquiry, but without mala fides and rather through error of judgment, he takes a bill which he believes to be (but which is not) a bank bill, and which is afterwards dishonoured, causing loss to his owners, this negligence or disobedience, not being wilful, does not work a forfeiture of his wages, nor can the owners claim to deduct the amount of their loss from his wages. (Adm.) The Dunmore 387 509 104 9. Lien-Priority-Bottomry on ship freight and See Marine Insurance, No. 43-Mortgages, Nos. MATES' RECEIPTS. See Carriage of Goods, No. 31. 155 MEASUREMENT. See Carriage of Goods, No. 6-Tonnage. MEASURE OF DAMAGES. See Charter-party, No. 2. MERCHANT SHIPPING ACTS. See Carriage of Goods, Nos. 33, 34, 35, 36Collision, Nos. 19, 20, 21, 22, 23, 24, 27, 28, 29, 30, 31-Salvage, Nos. 6, 13-Tonnage. MERSEY DOCKS ACT. See Carriage of Goods, No. 37-Compulsory Pilotage, Nos. 5, 6, 7. MERSEY, THE RIVER. See Compulsory pilotage, Nos. 5, 6, 7-Navigable River, Nos. 1, 2, 3, 4. MOORINGS. See Collision, Nos. 32, 33-Navigable River, Nos. 1, 2, 4. MORTGAGE. See Marine Insurance, No. 44-Mortgagees. MORTGAGEES. 1. Lien-Proceeding in rem-American law-Ap. pearance-Material men-Necessaries - Homeport-Priority.-Mortgagees have no maritime lien upon a ship upon which they hold a mortgage; and, according to United States' law, no remedy against the ship in rem in the admiralty courts, but may appear as respondents in a suit in rem, and set up their mortgage as the conditional owners of the ship, and claim that their mortgage is a legal lien on the ship prior in date to the attachment under the monition in a suit by material men for necessaries supplied in a home port, and also prior to the contract for the supply of the necessaries. (U. S. Dist. Ct. East Dist. of Wisconsin.) W. H. Wolf v. The Scow Selt..... page 107 2. Material men-Necessaries-Mutual knowledge of mortgagee and repairers-Distribution of proceeds. Where mortgagees know that repairs are being made on and necessaries supplied to a ship on which they hold a mortgage, whereby she is made a more valuable security, and the material men execute the repairs, &c., with a knowledge of the mortgage, but relying on their right to proceed in rem against the ship, the parties are entitled, upon principles of equity, to be placed upon an equality as to the distribution of the proceeds of sale of the ship. (U. S. Dist. Ct. East, Dist. of Wisconsin.) Id. See Necessaries, No. 3. MUTUAL MARINE INSURANCE ASSOCIATION. See Marine Insurance Association. NAUTICAL ASSESSORS. See Collision, No. 33. NAVIGABLE RIVER. 1. Pier-Landing stage-Right to make-Local board-Admiralty.-By a local Act (27 & 28 Vict. c. cxvii.) the Wallasey Local Board are authorised for the purpose of their ferry between Liverpool and New Brighton, to make and maintain in accordance with certain deposited Parliamentary plans, a pier or landing stage at New Brighton, in the River Mersey, together with all such jetties, 107 SUBJECTS OF CASES. esplanades, landing places, and other works and conveniences in connection therewith as the local board shall from time to time think fit, provided they deposit with the Admiralty plans of the landing stage and works connected therewith, and the same be approved by the Admiralty and are constructed in accordance with such plans. Under this section the local board have the right (already exercised) to make and maintain at the end of a permanent fixed pier, erected in accordance with the Act, a floating landing-stage below low-water mark, and to moor the same permanently to the bed of the river by anchors, whether the same be within the deposited plans or not, provided it be approved by the Admiralty. (C.P.) Joliffe v. The Wallasey Local Board ... page 146 2. Pier-Landing stage-Erection without statutable authority-Nuisance-Obstruction.-Semble,that the erection in a navigable river, without statutory authority, of a floating landing stage, moored permanently by anchors fixed in the bed of the river, is a public nuisance and obstruction, which will entitle any one of the public using the river to recover against the erectors for any damage sustained therefrom. (C.P.) Id. Anchors 3. Pier-Landing stage-Authority by statuteDuty of makers-Due care.-Persons authorised by statute to place in a navigable river anything which is an obstruction to the navigation thereof, are bound to exercise their powers with due care, and if the obstruction is of a character to injure the property of the public, to prevent such injury as far as possible. (C. P.) Id. 4. Pier Landing stage Moorings Buoys-Damage.-Semble, that persons laying down anchors as permanent moorings of a floating landing stage in a navigable river are bound to mark the positions of the anchors by means of sufficient buoys attached thereto, and that the neglect thereof will render them liable for damage occasioned by the anchors. (C. P.) Id. 5. Obstruction-Nuisance-Right to place.-No person has a right to put an obstruction in a navigable river, although at the time it be not a nuisance. (M. R. & L. JJ.) Attorney-General v. Terry 146 146 146 174, 217 1. Lien-Material men-Home port-Attaching of lien-Arrest.-Semble, that the lien of material men for necessaries supplied to a ship in her home port-that is, their right to be paid out of the res-attaches only on the seizure of the ship under admiralty process. (U. S. Dist. Ct., East. Dist. of Wisc.) W. H. Wolf v. The Scow Selt... 107 2. Lien-Material man-Necessary for voyageCoppering.-Where it is necessary that a wooden ship bound upon a particular voyage should be 3. Lien-Priority-Advances of freight Ship's disbursements. An advance of freight to enable a master to pay his ship's disbursements before sailing does not give the charterer a claim against the ship, which will take precedence of the claim of a mortgagee; nor does an advance for a similar purpose made by an insurance company. (Adm.) The Turliani 4. Master's authority-Necessity-Absence of owner or authorized agent-Want of knowledge of presence of agent or owner.-The master of a ship has authority to pledge his owner's credit for money borrowed or for goods supplied by his (the master's) orders in a foreign port only where (1) it is necessary to borrow money for the prosecution of the enterprise, or the goods are reasonably necessary for the use of the ship; (2), where neither the owner or his duly authorised agent is at the port, nor within such distance that he can be reasonably expected to interfere. Want of knowledge of the presence of the owner or an agent on the part of the person supplying goods or money to a master will not entitle him to recover against the owner. (C. P.) Gunn v. Roberts 603 250 5. Practice U. S. law-Proceeding in rem-Lien. -A right to proceed in rem may exist, although there may be no maritime lien upon the res against which the claim is made. There is no maritime lien for necessaries supplied to a ship in her home port, and yet by the United States' rules of practice for Courts of Admiralty the material men may proceed in rem against the ship. (U. S. Dist. Ct. East. Dist. of Wisc.) W. H. Wolf v. The Scow Selt 107 See Mortgagees-Practice, No. 10. NON-DELIVERY OF CARGO. See Carriage of goods, Nos. 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 40, 42. NOTICE OF ABANDONMENT. See Marine Insurance, Nos. 1, 20, 39, 46. NOTICE OF ACTION. See Practice, Nos. 11, 12. NUISANCE. See Navigable River, Nos. 5, 6, 7. OBSTRUCTION TO NAVIGABLE RIVER. See Navigable River, Nos. 5, 6, 7. ONUS OF PROOF. See Carriage of Goods. Nos. 13, 14-Collision, No. 11. OPEN POLICY. See Marine Insurance, No. 4. OUTPORT. See Compulsory Pilotage, Nos. 2, 3, 4— OUTPORT CHARGES. PACKAGES. See Marine Insurance, Nos. 10, 11. PARTIAL LOSS. SUBJECTS OF CASES. See Marine Insurance, Nos. 7, 10, 11, 12, 24, 25. PARTICULAR AVERAGE. See Marine Insurance, Nos. 12, 24, 25. PARTICULARS. See Practice, No. 15. PART OWNERS. See Co-owners-Master's Wages and Disbursements, Nos. 1, 2. PASSING OF PROPERTY. See Marine Insurance, Nos. 7, 8. PERILS. See Carriage of Goods, Nos. 9, 11, 13, 19, 20, 25, 40-Marine Insurance, Nos. 10, 11, 37, 38, 39. PIER. See Damage, Nos. 1, 2. PILOT. Compulsory pilotage-Fellow servant-Negligence of crew. A pilot compulsorily employed on board a ship is not a fellow servant of the crew of the ship, and consequently can recover against the owners of the ship for injury received by him through the negligence of the crew, their servants. (Q.B.) Smith v. Steele page 487 See Collision, Nos. 35, 36-County Courts Admiralty Jurisdiction, No. 3-Damage, Nos. 4, 5 -Salvage, No. 17. PILOTAGE. See Compulsory Pilotage. PILOT, DUTY OF. See Collision, Nos. 35, 36. PLEADING. See Salvage, Nos. 1, 2, 3, 4, 5. POLICY. See Hypothecation-Marine Insurance, No. 4, 12, 13, 14, 15, 16, 17, 18, 26, 27, 28, 29, 30, 31, 32, 33, 37, 38, 45, 47, 48, 52, 53, 54. PORT. See Carriage of Goods, Nos. 27, 28. PORTERS. See Sale of Goods, No. 37. PRACTICE. 1. Appeal-County Court-Arrest by Admiralty Court. Where plaintiffs appealed from a County Court in a cause in rem in which there has been a decree for the defendants and the ship has in consequence been released, the High Court of Admiralty will on the ex parte application of the plaintiffs order a warrant to issue for the detention of the ship till bail given or the appeal decided. Semble, that notice should be given before arrest to the defendants, so that they may come in and apply for the suspension of the warrant if they see fit. (Adm.) The Miriam....... VOL. II. N. S. 259 2. Appeal Connty Court-Arrest by Admiralty Court. In an appeal by plaintiffs from a County Court in a cause in rem, in which there was a decree for the defendants, and the ship had in consequence been released, the High Court of Admiralty, on an ex parte application of the plaintiffs, ordered a warrant to issue for the detention of the ship, and, as the ship proceeded against was a foreign one, did not require notice of the intention to arrest to be given to the defendants. (Adm.) The Freir ...page 589 3. Appeal-County Court-Judge's notes of evidence -Shorthand writer-Conflict.-In an appeal to the High Court of Admiralty from a County Court where there is a conflict between the transcript of the notes of evidence and judgment taken by a shorthand writer in the County Court under the County Court Rules No. 32, and the County Court Judge's own notes, the version given by the County Court Judge must be accepted as binding, and if the County Court Judge alter the shorthand writer's notes so as to correspond with his own version, the Court of Admiralty will order the alterations so made to be carried into effect in the printed copies of the appendix. (Adm.) The Raithwaite Hall....... 4. Appeal-Privy Council-Question undecided below. Where the High Court of Admiralty has given no opinion on a question, which in the opinion of the Court of Appeal is a vital one in the cause, the Court of Appeal will decide that question on the evidence before them. (Priv. Co.) The C. M. Palmer; The Larnax 5. Arrest-Transfer from County Court-Arrest in High Court in other suits-Caveat to prevent release. Where an admiralty cause, instituted in rem against a ship, has been transferred from a County Court to the High Court of Admiralty, and no bail has been given in either court, and the ship is already under the arrest of the High Court in other suits, the High Court will order the issue of a caveat to prevent her release, in case the other causes should be withdrawn. (Adm.) The Rio Lima. 6. Arrest Ship under arrest of High Court-Arrest by County Court County Courts Admiralty Jurisdiction Acts.-Semble, that where a ship is under the arrest of the High Court, and causes are also instituted in the County Court against the ship, she should not be arrested by the County Court, as it is not probable that the ship will be removed out of the Jurisdiction of the County Court without satisfaction of the plaintiff's several claims, within the meaning of the County Court's Admiralty Jurisdiction Act 1868, sect. 22. (Adm.) The Turliani 7. Arrest-Ship under arrest in High Court-Arrest by County Court-Possession fees-Costs.-Where a ship, already under the arrest of the High Court of Admiralty, is arrested in an admiralty cause instituted in a County Court, the plaintiffs knowing of the previous arrest, and that cause is afterwards transferred to the High Court, the possession fees charged by the high bailiff in respect of the County Court arrest will not be allowed by the High Court upon taxation of plaintiff's costs. (Adm.) The Rio Lima 8. Discovery of documents-Affidavit required.-To obtain discovery of documents, the affidavit in support of the application must allege some one particular document to be in the possession of the party from whom discovery is sought. (Adm.) The Proceeds of the Cordelia.. 9. Inspection of documents-H. M. ships-Reports by captain and officers to Admiralty-Privilege.Where a collision occurs between one of H. M. 2 U 210 94 34 603 143 35 SUBJECTS OF CASES. ..page 449 ships and a ship belonging to a private owner, ...... 11. Notice of action-Local board-Public Health 12. Notice of action-Non-feasance-Misfeasance. 13. Outport-Agency-Charges-Separate bills of .......... 603 146 146 102 14. Outport agency-Agent not solicitor-Not en- 243 PRINCIPAL AND AGENT. PRIORITY. See Master's Wages and Disbursements, Nos. PRIVILEGE. See Practice, No. 9. QUANTITY AND QUALITY UNKNOWN. REFERENCE. See Master's Wages and Disbursements, No. REGISTRAR AND MERCHANTS. See Master's Wages and Disbursements, No. 2 REGULATIONS FOR PREVENTING COLLISIONS See Collision, Nos. 1, 2, 3, 4, 10, 12, 19, 21, 22, RE-INSURANCE. See Marine Insurance, Nos. 35, 36. REPAIRS OF SHIP. See Marine Insurance, No. 40. REPAYMENT OF FREIGHT. RESTRAINT OF PRINCES. See Carriage of Goods, Nos. 20, 21, 22-Marine RIVER. See Compulsory Pilotage-Navigable River. RIVER NAVIGATION. See Collision, Nos. 41, 42, 43, 44, 45, 46, 47, SAILING SHIP. See Collision, Nos. 2, 49. SALE OF CARGO. See Marine Insurance, No. 5. SALE OF SHIP. See Marine Insurance, No. 46. |