(Foreign Ships.)

2. The Admiralty has jurisdiction in cases of collision occurring on the high seas, when both vessels are the property of foreign owners. The Anne Johanne, 2 Stuart, 43.

3. By 26 Vict. c. 24, s. 10, the ancient jurisdiction restored to Vice-Admiralty Courts, with respect to claims of material men for necessaries furnished to foreign ships. ante, p. 356.

4. The rules prescribed by the Act respecting the navigation of Canadian waters are operative upon foreign as well as British ships. 31 Vict. c. 58, s. 10, ante, p. 382. (R. S. C. c. 79.)

5. Where vessels are within British waters, a statute general in terms, and intended for the protection of navigation, would apply to foreigners, as in case of a statutory obligation to take pilots on board under certain circumstances.

See The Milford, Swa. p. 367.

6. The 189th sec. of the Merchants Shipping Act, 1854, applies to foreign as well as British vessels. The Monark, Cook, 345.

1. The Court of Vice-Admiralty in the colonies has concurrent jurisdiction with Courts of Record there in case of breach of any Act of the Imperial Parliament relating to the trade and revenues of the British possessions abroad.

See Vice-Admiralty Court, 5.

2. Also jurisdiction in case of forfeitures and penalties incurred by a breach of any Act of the Provincial Parliament relating to the customs as to trade and navigation.

See Vice-Admiralty Court, 6.

3. Under the Act regulating the trade of the British possessions abroad, no suit for the recovery of any penalty or forfeiture to be commenced except in the name of some superior officer of the Customs or Navy, or by His Majesty's Advocate or Attorney-General for the place where such suit shall be commenced. The Dumfriesshire, 1 Stuart, 245.

4. Vessels for warlike purposes, fitted out or equipped in Her Majesty's dominions, without Her Majesty's license, contrary to

(Forfeitures.)

"The Foreign Enlistment Act," to be prosecuted and condemned in the Court of Admiralty, and not in any other Court. "The Foreign Enlistment Act, 1870," s. 19. 2 Stuart, 291.

5. Under sec. 30 of said Act, Court of Admiralty shall mean the High Court of Admiralty of England or Ireland, the Court of Session of Scotland, or any Vice-Admiralty Court within Her Majesty's dominions. See 2 Stuart, 297.

6. Goods imported without paying duties required by law are liable to forfeiture. The Queen v. Gold Watches, Young, 179. See The Minnie, Young, 65.

7. As to what will work a forfeiture of master's wages, see The Alexander Williams, ibid, 217.

See note to The Mistletoe, Stockton, ante, p. 127.

8. Misconduct on the part of salvors will work a forfeiture of right to salvage. The Charles Forbes, Young, 172.

See note to The St. Cloud, Stockton, ante, p. 153.

9. The Court has full jurisdiction to impose penalties for illegal distilling of spirits. The Queen v. Flint, Young, 280. See Penalties; Violation of Revenue Laws.

FOUL BERTH.

1. If one vessel comes to an anchor, it is the duty of those in charge of any other vessel anchoring near her to do so in such a position as that the vessels may swing with the tide without risk of coming together. The Rockaway, 2 Stuart, 129.

See Collision, 51, 83, 146.

FURTHER PROOF.

1. Not allowed to a party who had been guilty of fraud and perjury in a recent case, extending to the present. The Three Brothers, Stewart, 99.

2. Not sufficient where it did not explain the whole transaction. The Fly, ibid, 171.

3. Not allowed unless some ground is laid for it in the original evidence. The Johanna, ibid, 521,

4. A cargo totally destitute of proof of property, and without any directions, not allowed to go to further proof. The Active, ibid, 579. See Proof.

FREIGHT AND EXPENSES.

1. Some copper in bars was condemned as contraband, the ship and cargo belonging to other persons, were, however, restored. Freight and expenses were allowed to the neutral master. Jerusalem, Stewart, 570.

GOVERNMENT OF QUEBEC.

The

Ancient limits of. See Proclamation of Geo. III. of date October 7, 1763, in 2 Stuart, p. 381.

GREENWICH HOSPITAL.

1. The provincial law of Nova Scotia for attaching the goods of absconding debtors, no excuse to prize agents for not paying unclaimed shares to Greenwich hospital. The Bermuda, Stewart, 231.

HABEAS CORPUS.

See Piracy. The Chesapeake, ante, p. 208.

HARBOR.

1. Personal torts committed in the harbor of Quebec are not within the jurisdiction of the Admiralty. The Friends, 1 Stuart, 112. See Admiralty Jurisdiction, 1.

2. Damages awarded in case of collision in the harbor of Quebec. The Lord John Russell, ibid, 190.

3. A vessel moored alongside of another at a wharf in the harbor of Quebec made responsible to the other for injuries resulting from her proximity. The New York Packet, ibid, 325.

4. A declinatory exception overruled in a suit for an injury done by collision in the harbor of Quebec. The Camillus, ibid, 383. See Declinatory Exception.

See Harbor Master.

5. A vessel contravening the harbor regulations liable for damages arising from collision. The Edith Wier, Young, 237.

See Collision.

See Inevitable Accident.

HARBOR MASTER.

1. The rules of the Trinity House of Quebec empower the harbor master to station all ships or vessels which come to the harbor of

(Harbor Master.)

Quebec, or haul into any of the wharves within the limits of the same; and to regulate the mooring and fastening, and shifting and removal of such ships and vessels; and to determine how far and in what instances it is the duty of masters and other persons having charge of such ships or vessels to accommodate each other in their respective situations, and to determine all disputes which may arise concerning the premises. The New York Packet, 1 Stuart, 325.

2. Owners of vessel contravening harbor master's order condemned in damages for a collision. ibid.

HELM.

1. Time and opportunity must be allowed for reflection before porting helm to avoid a collision. The Margaret, 2 Stuart, 19.

HIGH COURT OF ADMIRALTY OF ENGLAND.

1. An Act to improve the practice and extend the jurisdiction of the High Court of Admiralty of England. 3 & 4 Vict. c. 65.

See ante, p. 314.

2. An Act to make provision for the judge, registrar and marshal of the High Court. 3 & 4 Vict. c. 66.

See 2 Stuart, p. 241.

3. The judge, under last named Act, not allowed to sit in House of Commons. ibid.

4. By the same Act, fees to judge, registrar and marshal abolished, and these officers remunerated by fixed salaries. ibid.

5. The High Court of Admiralty of England may revise the charges of the practitioners in any Vice-Admiralty Court. ibid. See Table of Fees.

See rule 141 of 1893, giving review of taxation to the judge.

HIGH COURT OF ADMIRALTY IN IRELAND.

See Ireland.

HOME PORTS.

1. All the ports of the Dominion are home ports in relation to each other, so that a bottomry bond given on a Canadian vessel in a Canadian port cannot be enforced in the Vice-Admiralty Court. The Three Sisters, Young, 149; s. c. 2 Stuart, 370.

See Nova Scotia.

See rule 37, sub-sec. (b). ante, p. 420.

IMMORALITY OR INTEMPERANCE OF MASTER.

See Master. Also see ante, pp. 127, 134.

IMPERIAL PARLIAMENT.

See Acts of Parliament.

IMPORTATION.

What countries under the revenue laws. The Minnie, Young, 71.

INEVITABLE ACCIDENT.

1. Where a collision occurs without blame being imputable to either party, loss must be borne by the party on whom it happens to alight. The Margaret, 2 Stuart, 19.

2. Inevitable accident is that which the party charged with could not possibly prevent, by the exercise of ordinary care, caution, and maritime skill. The McLeod, ibid, 140.

3. As to what constitutes inevitable accident, and the rule as to the burden of proof, see The Chase, Young, at p. 118.

See The Edith Wier, ibid, 239.

4. The steamer Richmond, while seeking shelter from a violent storm, and using every possible precaution, unavoidably ran down and sank a small schooner, on an action for damages, Held, That judgment should be for defendant, each party paying his own costs. The Richmond, ibid, 164.

5. Where the defence is inevitable accident the plaintiff must begin. The John Owen, 5 Can. L. T. 565.

But see contra. The Otter, L. R. 4 A. & E. 203.

See The Emma K. Smalley, ante, p. 106, and The Minnie Gordon, ante, p. 95; also note to last case, ante, p. 98, for a citation of the English authorities.

See Collision, 108, 111, 137, 155, 164, 166.

INLAND NAVIGATION.

1. Regulations respecting collisions apply to ships of the United States. 2 Stuart, 312.

2. As to maritime commerce of Western Lakes not being inland navigation, see opinion Supreme Court of Michigan. ibid, 329. See R. S. C. c. 74, ante, p. 361; R. S. C. c. 79, ante, p. 372. See Preface to 2 Stuart.