INSCRUTABLE ACCIDENT.

1. In case of collision, where there is reasonable doubt as to which party is to blame, the loss must be sustained by the party on whom it has fallen. The Rockaway, 2 Stuart, 129.

See Inevitable Accident.

See Collision, 96.

INSOLVENCY OF OWNER.

1. The insolvency of the owners does not ipso facto put an end to the functions of the master. He must be dismissed by their assignee. The Jean Anderson, Young, 244.

See R. S. C. c. 74, s. 56, ante, p. 369.

See Master.

See Master.

INTEMPERANCE.

See ante, pp. 127, 134.

INTERPRETATION OF TERMS.

1. For interpretation of terms under the Colonial Laws Validity Act, 28 & 29 Vict. c. 63, see ante, p. 332.

2. For interpretation of terms under Vice-Admiralty Courts Act, 1868, 26 & 27 Vict. c. 24, see ante, p. 356.

3. Under R. S. C. c. 74, an Act respecting the Shipping of Seamen, see ante, p. 361.

4. Under R. S. C. c. 79, Navigation of Canadian Waters, see ante, p. 372.

5. Under 53 & 54 Vict. c. 27, the Colonial Courts of Admiralty Act, 1890, see ante, p. 395.

6. Under the General Rules and Orders of 1893, see ante, p. 413. 7. For interpretation of terms under the Vice-Admiralty Courts Act Amendment Act, 1867, 30 & 31 Vict. c. 45, see 2 Stuart, 259. See Forfeitures, 5.

IRELAND.

1. An Act to extend the jurisdiction, alter and amend the procedure and practice, and to regulate the establishment of the Court of Admiralty in Ireland, 30 & 31 Vict. c. 114, see 2 Stuart, 261.

2. The judge of the Irish Court not to sit in Parliament or practice as an advocate or barrister. ibid, 263.

See Jurisdiction.

JOINT CAPTURE.

See La Furieuse, Stewart, 177.

JUDGE.

1. For commission of the Judge of Vice-Admiralty Court of Lower Canada, see 1 Stuart, 376.

2. List of Judges in Quebec since the cession of the country by the Crown of France to Great Britain. ibid, 391; Cook, 410.

3. The method of appointment of a Judge and other officers of the Vice-Admiralty Court was provided for by 26 Vict. c. 24. 2 Stuart, p. 254.

It is now governed by The Admiralty Act, 1891.

4. For commission of Judge of the Vice-Admiralty Court of Quebec, see 2 Stuart, 377.

See Lord High Admiral.
See Kerr (Judge).

JUDGMENT.

1. The merits of a judgment can never be overrated in an original suit, either at law or in equity. Till the judgment is set aside or reversed, it is conclusive, as to the subject matter of it, to all intents and purposes. The Phoebe, 1 Stuart, 63, n. See Moses v. Macferlan, 2 Burr, 1005.

JUDICIAL COMMITTEE.

See Privy Council.

JURISDICTION.

1. The Court has no jurisdiction in a case of pilotage, where there has been a previous judgment of the Trinity House upon the same demand. The Phoebe, 1 Stuart, 59.

2. The jurisdiction of the Court in relation to claims for extra pilotage is not ousted by the Provincial statute, 45 Geo. III., c. 12, s. 12. The Adventurer, 1 Stuart, 101.

3. In case of wreck in the river St. Lawrence (Rimouski), the Court has jurisdiction of salvage. The Royal William, 1 Stuart, 107.

4. A great part of the powers given by the terms of the commission or patent of the Judge of the Admiralty is totally inoperative. The Friends, 1 Stuart, 112.

(Jurisdiction.)

5. The Court of Admiralty, except in prizes, exercises an original jurisdiction only on the grounds of authorized usage and established authority. ibid.

6. It has no jurisdiction infra corpus comitatus. ibid.

This is now changed by 3 & 4 Vict. c. 65 (1840).

7. The Admiralty jurisdiction as to torts depends upon locality, and is limited to torts committed on the high seas. ibid.

8. Torts committed in the harbor of Quebec are not within the Admiralty jurisdiction. ibid.

9. The Admiralty has jurisdiction of personal torts and wrongs committed on a passenger on the high seas by the master of the ship. ibid, and The Toronto, 1 Stuart, 170.

10. Justices of the Peace cannot give themselves jurisdiction in a particular case, by finding that as a fact which is not a fact. The Scotia, 1 Stuart, 164.

See Justices of Peace.

11. The Court has no jurisdiction in a claim of property to an anchor, etc., found in the river St. Lawrence, in the district of Quebec. The Romulus, 1 Stuart, 208.

12. Collision between a steamboat and a bateau, both exclusively employed in the harbor of Quebec, not cognizable by this Court. The Lady Aylmer, 1 Stuart, 213.

This was prior to 3 & 4 Vict. c. 65, s. 6. ante, p. 316.

13. The Court has no jurisdiction for the cost of materials supplied to a vessel built and registered within the port of Quebec. The Mary Jane, 1 Stuart, 267.

14. Where the Court has clearly no jurisdiction, it will prohibit itself. ibid.

15. The Court of Vice-Admiralty exercises jurisdiction in the case of a vessel injured by collision in the river St. Lawrence, near the city of Quebec. The Camillus, 1 Stuart, 383.

16. In the case of forfeitures and penalties incurred by a breach of any Act of the Imperial Parliament relating to the trade and revenues of the British possessions abroad.

See Vice-Admiralty Court.

See Forfeitures, 1, 3, 4, 5.

(Jurisdiction.)

17. In the case of forfeitures and penalties incurred by a breach of any Act of the Provincial Parliament, relating to the customs, or to trade or navigation.

See Vice-Admiralty Court.

See Forfeitures, 2, 6, 9.

18. Although the Court abstains from interposing its authority in cases of mere disputed title, its jurisdiction over causes of possession has been constant and uninterrupted. The Haidee, 2 Stuart, 25. See now Admiralty Court Act, 1861, sec. 8.

19. The occasion of the exercise of this jurisdiction arises generally in cases between part-owners, who cannot agree respecting the employment of their ships. ibid.

(All questions of dispute between co-owners may now be entertained by this Court. See Act of 1861, sec. 8. The Seaward, 3 E. C. R. 268.)

20. The authority of the Court to detain the ship at the instance of the real owner, against a mere wrong-doer, is undoubted. ibid. 21. When the Court has original jurisdiction of the principal matter, it has also cognizance of the incidents thereto. ibid.

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

See Collision, 63, 67, 70, 95, 98, 118, 147, 151, 154, 160, 167. 23. The power of the Legislature of Canada extends to foreigners when within our own jurisdiction. The Aurora, 2 Stuart, 53.

24. As to other matters, in respect of which the Vice-Admiralty Courts have jurisdiction, see 26 Vict. c. 24, s. 10. ante, p. 356. See now The Admiralty Act, 1891. ante, p. 402.

25. The jurisdiction of the Vice-Admiralty Courts in Her Majesty's possessions abroad, may be exercised, whether the cause or right of action has arisen within or beyond the limits of such possession. ibid, ante, s. 13, p. 357.

26. Except where it is expressly confined by that Act to matters arising within the possession in which the Court is established. ibid.

27. All proceedings for the condemnation and forfeiture of a ship, or ship and equipments, or arms and amunition of war, in pur

(Jurisdiction.)

suance of "The Foreign Enlistment Act, 1870," shall be had in the Court of Admiralty, and not in any other Court. 33 & 34 Vict. c. 90, s. 19. 2 Stuart, 291.

See Forfeitures.

28. The Court can, under the 26 Vict. c. 24, s. 10, enforce the payment of reasonable towage, but has no authority to enforce an agreement to employ a particular steam-tug either for a definite or an indefinite quantity of work. The British Lion, 2 Stuart, 114. See note to The Hattie E. King, Stockton, ante, p. 177.

29. "The Merchant Shipping Act, 1854," excludes the jurisdiction of the Admiralty in suits for wages when the amount due is less than £50 sterling. Where the balance due to the master of a ship appeared to be under that amount the claim was dismissed, without an exception to the jurisdiction pleaded. The Margaretha Stevenson, 2 Stuart, 192.

This is not now the law.

See note to The Jonathan Weir, ante, p. 80; also see The W. J. Aikens, 4 E. C. R. 7.

See Wages.

30. The Vice-Admiralty Court at Halifax, in Nova Scotia, exercises jurisdiction in the case of a vessel injured by collision in the harbor of Halifax. The Wavelet, 2 Stuart, 354, 357; s. c. Young, 34. Collision, 149, 153.

31. Also where damage was caused to a wharf by the vessel. The Chase, 2 Stuart, 361; s. c. Young, 113.

32. "The Imperial Act" (24 Vict. c. 10), whereby the jurisdiction of the High Court of Admiralty of England has been extended and the practice improved, confers jurisdiction upon it over claims for damage to cargo imported into England or Wales, and for wages due to seamen under a special contract.

burg, 2 Stuart, 350; Young, 1.

See Imperial Act, 24 Vict. c. 10, s. 6.

The City of Peters

ante, p. 348.

33. A similar jurisdiction has been conferred upon the High Court of Admiralty of Ireland. 30 & 31 Vict. c. 114, ss. 33, 37; 2 Stuart, p. 268.

34. But withheld from the Courts of Vice-Admiralty, as not included in the Act 26 Vict. c. 24. ante, p. 356.

But they now have the jurisdiction.