(Mariner's Contract.)

United Kingdom is entitled to sue in any Court abroad for wages," overruled. The Latona, 2 Stuart, 203.

14. Quære: How far can an engagement of a seaman, void from not stating the nature of the voyage, as required by the Merchant Shipping Act, 1854, be considered as operative under a subsequent Act (Merchant Shipping Act, 1873), which admits, instead, a statement of the maximum period of the voyage, and the ports and places (if any) to which it is not to extend. ibid.

15. Where seamen were shipped for a voyage from London to Quebec and back to the port of London. Held, That the nature of the voyage thus stated was a sufficient intimation to the mariner of its duration, and a substantial compliance with the provisions of the Merchant Shipping Acts, 1854 and 1873. The Red Jacket, Cook, 304.

16. Under the Seamen's Act (R. S. C. c. 74), a claim for less than $200 for wages earned on board of a Canadian registered vessel must be enforced by a summary proceeding under secs. 48-55 of the Act. A County Court Judge has no jurisdiction to try such a claim in an ordinary action of wages. Beattie v. Johansen, 28 N. B. 26.

17. In shipping articles the following is a sufficiently precise description of the voyage: "From London to any port in Spain, thence to Newfoundland and British North America, United States, West Indies, Mediterranean, and Continent of Europe, backwards and forwards, in the prosecution of the Newfoundland trade, and back to the final port of discharge in the United Kingdom, such voyage not to exceed two years." No seaman who is employed for a voyage or engagement which is to terminate in the United Kingdom can sue in a Colonial Vice-Admiralty Court for his wages, unless discharged as directed by the General Merchant Seaman's Act.

The Admiralty Court has no jurisdiction in a suit to recover seamen's wages, unless the sum claimed amount to at least fifty pounds sterling. The Velocity, James, 390 (1855).

See Jurisdiction; Nova Scotia; Special Contract; Seaman; Master of Ship; Wages.

MARITIME COURT OF ONTARIO.

1. The Court has no jurisdiction in respect of claims that accrued before the proclamation bringing the Act, constituting the Court, into force. The Kate Moffat, 15 Can. L. J. N. S. 284.

(Maritime Court of Ontario.)

2. The sale of an American vessel under the process and by direction of the Court held valid. For cases on this subject of credit to be given throughout the world to sales under the authority of the Admiralty, see per Brown, J., of Detroit. The Trenton, 17 Can. L. J. N. S., 189.

3. No counter claim can be pleaded in this Court in a cause of damage. The F. J. King, 8 Can. L. T. 156.

See Jurisdiction, 44, 45.

This Court has been abolished, and jurisdiction given to the Exchequer Court of Canada by the Admiralty Act, 1891. See Vice-Admiralty Court.

MARITIME LIEN.

1. Salvors have a right to retain the goods saved until the amount of the salvage be adjusted and tendered to them. The Royal William, 1 Stuart, 107.

2. In the civil and maritime law of England no hypothecary lien exists without actual possession for work done or supplies furnished in England to ships owned there. The Mary Jane, ibid, 267. 3. A maritime lien does not include or require possession. The Hercyna, ibid, 275 n.

4. It is defined by Lord Tenterden to mean a claim or privilege upon a thing to be carried into effect by legal process. ibid, p. 276. 5. Where reasonable diligence is used, and the proceedings are in good faith, the lien may be enforced into whosesoever possession the res may come. ibid.

6. A maritime lien is not indelible, but may be lost by delay to enforce it when the rights of other parties have intervened. The Haidee, 2 Stuart, 25.

7. Except in the case of bottomry, a maritime lien is inalienable and cannot be assigned or transferred to another person, so as to give him a right of action in rem as assignee. The City of Manitowoc, Cook, 185.

8. The master of a vessel, who was also part owner, can proceed against the vessel for wages, and the fact that he had accepted a promissory note from three of his co-owners for the amount of his claim, which was never paid, did not deprive him of his lien upon the ship, although it had been sold to and paid for by a third party ignorant of the debt. The Aura, Young, 54.

(Maritime Lien.)

9. The plaintiff brought an action against the P. for wages and disbursements as master of the vessel. In answer to the master's request when abroad for a statement of his account and for payment, the managing owner sent the master his individual promissory note for $800, payable with interest, on account of the wages. The managing owner subsequently became insolvent. The master, on his return to St. John, N. B., demanded payment from the owners of his wages and disbursements, the sum claimed including the amount of the promissory note. The owners, by their counterclaim, sought to set-off against the master's claim, among other things, the amount of the promissory note; but Held, That the master, under the circumstances of the case, had not lost his lien upon the vessel. The set-off was rejected, and the plaintiff held entitled to recover, with costs. The Plover, Stockton, 129.

See note to this case, ante, 134, where the English, American and Canadian cases are cited.

10. There is no maritime lien for freight and demurrage. The Cargo ex Drake, 5 Can. L. T. 471.

11. The master has a lien for wages as against a mortgage. The C. N. Pratt, 5 Can. L. T. 427.

See also The Maytham, 18 Can. L. J. 285.

12. The House of Lords, in The Sara, 14 App. Cas. 209, decided that a master had no lien for his wages and disbursements, but it was subsequently given by the Merchant Shipping Act, 1889 (Imp.), ante, p. 85. The same law now obtains by legislation in Canada as respects the inland waters. ante, p. 370.

13. As to priorities of liens, see note to The Borzone, ante, p. 118.

MARSHAL.

1. As to the appointment of marshal on a vacancy occurring in the office. 26 Vict. c. 24, s. 5.

This is now governed by the Admiralty Act, 1891.

2. He cannot deliver up prize property without an order from the Court. Snook's Petition, Stewart, 427.

3. As to fees formerly entitled to for custody of vessel, see The Hiram, Stewart, 583.

PP

MASTER OF SHIP.

1. The master admitted as a witness in a case of pilotage. The Sophia, 1 Stuart, 96.

No witnesses are now incompetent by reason of interest.

2. A promise made by a master at an intermediate port on the voyage to give an additional sum over and above the stipulated wages in the articles is void for want of consideration. The Lockwoods, 1 Stuart, 123.

See Mariner's Contract.

3. Upon the death of the master during the voyage, the mate succeeds him as hæres necessarius. The Brunswick, ibid, 139.

4. Possession of the ship awards to the master appointed by the owner to the exclusion of the master named by the shippers of the cargo. The Mary and Dorothy, 1 Stuart, 187.

5. By 17 & 18 Vict. c. 104, s. 240, power is given to any Court having Admiralty jurisdiction in any of Her Majesty's dominions to remove the master of any ship, being within the jurisdiction of such Court, and to appoint a new master in his place, in certain ibid.

cases.

6. The master of a merchant vessel may apply personal chastisement to the crew whilst at sea, the master thereby assuming to himself the responsibility which belongs to the punishment being necessary for the due maintenance of subordination and discipline, and that it was applied with becoming moderation. The Coldstream, 1 Stuart, 386.

See Wages, 26.

7. He is to have same remedies for wages as seamen (17 & 18 Vict. c. 104, s. 191), and also for his disbursements on account of this ship (24 Vict. c. 10, s. 10). See ante, pp. 85, 348, 370.

8. His duties in case of collision under R. S. C. c. 79, s. 10, ante, p. 382, and under the Merchant Shipping Act, 1873, s. 16. An omission of these duties is a misdemeanor.

See Admiralty; Evidence; Jurisdiction; Wages; Seaman; Torts; Witness; Passenger; Maritime Lien.

9. The master of a ship has a lien for wages as against a mortThe C. N. Pratt, 5 Can. L. T. 417.

gagee.

See also The Maytham, 18 Can. L. J. 285, to the same effect.
See ante, p. 370; Priorities of Liens, ante, p. 118.

10. The master of a steam barge allowed to sue for wages under £50, and it was held that damages for wrongful dismissal could be sued for and recovered as wages. The W. B. Hall, 8 Can. L. T. 169.

MATE.

1. The mate of a vessel is chargeable for the value of articles lost by his inattention and carelessness, and the amount may be deducted from his wages. The Papineau, 1 Stuart, 94.

See Recoupment.

2. A chief mate, sueing for wages in the Court of Admiralty, is bound to show that he has discharged the duties of that situation with fidelity to his employers. ibid, note.

3. Amongst the most important of these duties are a due vigilance, care, and attention to preserve the cargo. ibid, note, p. 95. 4. Where a second mate is raised to the rank of a chief mate by the master during the voyage, he may be reduced to his old rank by the master for incompetency, and thereupon the original contract will revive. The Lydia, 1 Stuart, 136.

5. The death of the master and the substitution of the mate in his place does not operate as a discharge of the seaman. The Brunswick, ibid, 139.

6. By the maritime law, upon the death of the master during the voyage, the mate succeeds as hæres necessarius. ibid.

See Master of Ship.

MATERIAL MEN.

1. Persons furnishing supplies to ships in this country, technically called material men, have not a lien upon the ship for the amount of their supplies, and the Court has no jurisdiction to enforce demands of this nature. The Mary Jane, 1 Stuart, 267.

2. They have no lien upon British ships without actual possession. ibid, 270.

3. A vessel built and registered in a British possession is not a "foreign sea-going vessel" within the provisions of 3 & 4 Vict. c. 65. ibid, 272.

4. As to the claims for necessaries, in respect of which ViceAdmiralty Courts have jurisdiction, see 26 Vict. c. 24, s. 10, ante, p. 356.

5. As to claims for necessaries over which the Court has now jurisdiction, see 24 Vict. c. 10, ante, p. 348, and the Colonial Courts of Admiralty Act, 1890, ante, p. 387.

See Necessaries.