(Jurisdiction.) 35. Two out of three promovents shipped at Bermuda, on board the ship libelled, a blockade runner, for the round voyage from Bermuda to Wilmington, North Carolina, and thence to Halifax, Nova Scotia. The remaining promovent shipped at Wilmington in room of one of the others. No ship's articles were signed, but there was evidence to show that the master had contracted to pay to each of the promovents a certain specified sum, in three equal instalments. The contract was absolute as to two of the instalments, and, as to the third, there was a condition that it was to be paid only if the claimants' conduct were satisfactory. Held, (1) That this was not an ordinary engagement for seaman's wages, but a special contract; (2) That previous to the Admiralty Court Act of 1861, 24 Vict. c. 10, the High Court of Admiralty had no jurisdiction over such contract; (3) That this Act did not extend to the Vice-Admiralty Courts, nor were the provisions respecting special contracts embraced in its tenth section extended to those Courts by the Act of 1863, 26 Vict. c. 24, s. 10; (4) That, although the commission formerly issued to the Vice-Admiralty Judge empowered him "to hear and determine all causes according to the civil and maritime laws and customs of our High Court of Admiralty of England," yet this power, like some others assumed to be bestowed by the commission, is frequently inoperative. And that therefore this Court has no jurisdiction in cases like the present; held, also, that, although the respondents were bound to have objected to the jurisdiction in limine, by appearing under protest, still, that, where the Court is of the opinion that it has no jurisdiction, it will not only entertain the objection at the hearing, but is bound itself to raise it. The City of Petersburg, Young, 1; 2 Stuart, 343; 1 Oldright, 814. 36. Where the vessel saved was brought into a port in Newfoundland, and then sold; but a portion of her materials was brought to Halifax, and then proceeded against by two of the salvors who had not been paid in Newfoundland. Held, That the Court had full jurisdiction, salvage constituting a lien upon the goods saved. The Flora, Young, 48. See Salvage, 46. 37. The question of jurisdiction was raised in a case of collision, on the ground that neither of the vessels was owned in the British possessions. Held, That the Court had jurisdiction. The Clementine, Young, 186. (Jurisdiction.) 38. Quaere: As to the jurisdiction to inquire into a special contract, with regard to the wages of a master, where the contract has been made in England. The Peeress, Young, 265. 39. Power of the Court to entertain suits brought to recover penalties for breach of revenue laws. The Queen v. Flint, Young, 280. See The Three Sisters, Young, 152. See Admiralty Jurisdiction. See Collision. 40. Since (26 & 27 Vict. c. 24, s. 10) the Vice-Admiralty Court has jurisdiction to entertain a claim for damage to property done by any ship, a railway car, for instance, standing upon a wharf within the body of a county. The Teddington, Stockton, 45. See Collision. 41. For a statement of the cases as to the right of the Court, since the Admiralty Act, 1891, to entertain a suit for wages, irrespective of amount claimed, see The Jonathan Weir, Stockton, ante, p. 80. See The W. J. Aikens, 4 E. C. R. 7. 42. For citation of cases as to the jurisdiction of the Court in cases of personal injury, see note to The Enrique, Stockton. ante, p. 161. 43. For the statement of the law upholding the jurisdiction of the Court in causes of damages to a stationary object, a bridge for instance, see The Maggie M. and note, Stockton. ante, p. 185. See Collision, 164; Towage; Wages. 44. The Maritime Court of Ontario had no jurisdiction to entertain a cause of damage to a tow, arising from the negligence of the towing vessel, where no collision between vessels had taken place. The Sir S. L. Tilley, 8 Can. L. T. 156. This judgment is based on the authority of The Robert Pow, Br. & Lush. 99, which is not now the law. See ante, p. 162. 45. A propeller, while passing through the Welland Canal, owing to the fault of the owners, broke the head gate of a lock, in consequence of which water rushed from the upper to lower level into locks below, then overflowed the canal banks and flooded plaintiff's farm, doing serious injury. Held, The Court had jurisdiction to entertain the suit. The Walter S. Frost, 5 Can. L. T. 471. JUSTICES OF THE PEACE. 1. Although justices of the peace exercising summary jurisdiction be the sole judges of the weight of evidence given before them, and no other of the Queen's Courts will examine whether they have formed the right conclusion from it or not, yet other Courts may and ought to examine whether the premises stated by the justices are such as will warrant their conclusion in point of law. The Scotia, 1 Stuart, 160. See Jurisdiction, 10. 2. They cannot give themselves jurisdiction in a particular case by finding that as a fact which is not a fact. ibid. 3. When a justice of the peace, acting under the authority of the Merchant Seamen's Act (5 & 6 Wm. IV. c. 19, s. 17), had awarded wages to a seaman on the ground that a change of owners had the effect of discharging the seaman from his contract, this Court, considering that the proceedings had before the justice of the peace did not preclude it from again entering into the inquiry, Held, That the contract of the seaman was a subsisting contract with the ship, notwithstanding her sale. ibid. 4. In no form can this Court be made ancillary to the Justices' Court, still less be required to adopt, without examination, as legal premises on one demand, the premises which the Justices' Court may have adopted as legal premises on another demand. ibid. 5. In a suit for the recovery of wages under the sum of fifty pounds, justices acting under the authority of the Merchant Shipping Act, 1854 (17 & 18 Vict. c. 104, ss. 188, 189), may refer the case to be adjudged by this Court. The Varuna, 1 Stuart, 357. 6. Where a limited authority is given to justices of the peace, they cannot extend their jurisdiction to objects not within it, by finding as a fact that which is not a fact; and their warrant in such case will be no protection to the officer who acts under it. The Haidee, 2 Stuart, 25. 7. Under sec. 523 of the Merchant Shipping Act, 1854, a ship cannot be seized upon an order made by justices of the peace, against a person who at the time, is neither owner nor intrusted with the possession or control of her. ibid. 8. Where a statute required the execution of a warrant or process, under an order of two justices of the peace, to levy seamen's wages to be authorized by the Judge of the Vice-Admiralty Court. Held, (Justices of the Peace.) That the enactment imposed upon the Court, a duty to supervise the proceedings of the magistrates, and it appearing that the process had issued for the sale of an undivided interest in a vessel, and not legally, a petition to authorize them, refused. The Canadienne, Cook, 209. See Beattie v. Johansen, 28 N. B. 26. JUSTIFICATION. 1. In an action by a seaman against the master, a justification on the ground of mutinous, disobedient, and disorderly conduct sustained. The Coldstream, 1 Stuart, 386. 2. To the same effect, see The Bridgewater, Cook, 252. KERR (JUDGE). 1. Appointed judge of the Vice-Admiralty Court of Quebec, by letters patent, under the Great Seal of the High Court of Admiralty of England, August 19, 1797. 1 Stuart, 152. 2. His duties discharged by a deputy from August 30th, 1833, until his removal in 1834. ibid. 3. Two of his judgments. 1 Stuart, 383. See Inland Navigation, 2. LAKES. LANDSMAN. Quare: Whether a mere landsman shipping himself as an ablebodied seaman is entitled to any allowance whatever. The Venus, 1 Stuart, 92. This is now governed by The Merchant Shipping Act, 1854. LARBOARD. For a probable derivation of this nautical term, see 1 Stuart, p. 235, n. LAW OFFICERS. 1. Opinion of the law officers of the Crown in England as to the authority of the judge to establish a table of fees. 1 Stuart, 69. 2. Opinion of the law officers of the Crown in Canada as to the practice of requiring proxies to be produced under certain circumstances. ibid, 247. LETTERS OF MARQUE. See Stewart, 382, 394. LIBEL. 1. All that is required in a libel for seaman's wages, is to state the hiring, rate of wages, performance of the service, determination of the contract, and the refusal of payment. The Newham, 1 Stuart, 71. LICENSES. 1. To trade to St. Domingo under Order in Council, 19th November, 1806, the license cannot be dispensed with. The Clyde, Stewart, 100. 2. To export from Great Britain to the United States, not necessary that the person who obtained it should be owner or actual lader if he had the direction of it. The Abigail, ibid, 355. ambassador to trade with the 3. It cannot be granted by an enemy. The Sally Anne, ibid, 367. 4. A license granted under the Order in Council of April 8, 1812, authorizing certain exports and imports from Halifax to the United States, not valid after the war commenced with the United States, now rendered valid by the new order of October 13, 1812, which directed licenses to be granted notwithstanding such war. The Economy, ibid, 446. 5. A license granted by the British Consul in the United States void. The Reward, ibid, 470. 6. A contrary decision given in the High Court of Admiralty. The Hope, ibid, 482. 7. When the license had been burned under a mistake, upon proof of the fact, the vessel restored. The Frederick Augustus, ibid, 486. 8. A license to trade between two ports of the enemy void, and claimant's expenses allowed under particular circumstances. The Expedition, ibid, 488. 9. The benefits of a license not forfeited by carrying a common letter bag, extracts from newspapers, or the dispatches of an ambassador of the enemy in a neutral country to his own government. The Henry, ibid, 489. 10. Not suspended by an order for blockade, where such appears to be His Majesty's intention. The Orion, ibid, 497. |