MERCHANT SHIPPING ACT, 1854.

1. The 189th section of this Act applies to foreign as well as to British vessels, and a Vice-Admiralty Court cannot entertain a suit for seamen's wages, the demand being below £50 sterling, unless upon a reference as prescribed by that Act.

The Monark, Cook, 345.

2. Nor is this limitation of its jurisdiction affected by the general language of the Vice-Admiralty Courts Act, 1863, which confers upon it jurisdiction as to "claims for seamen's wages," and as to "claims for master's wages and disbursements," but the two statutes being to some extent in pari materia, must be construed together. ibid.

3. See, however, contra, The Robb, 17 Can. L. J. 66. The Court has jurisdiction for any sum for wages. See ante, p. 80; also The W. J. Aikens, 4 E. C. R. 7.

See Wages.

4. For rule as to ships meeting each other, 296th section cited. The Inga, 1 Stuart, 340.

For sailing rules, see ante, 372.

5. Construction of the Act, as to agreements to be made with seamen. The Varuna, ibid, 357.

See Mariner's Contract; Seamen; Collision.

MERGER.

1. Where there has been a recovery in the Trinity House, the original consideration is merged in the judgment of the Trinity House. The Phoebe, 1 Stuart, 59.

MICHIGAN.

1. Opinion of the Supreme Court of Michigan, one of the United States of America, relating to the question whether or not the Western Lakes, in commercial character, are bodies of water like the ocean itself, or only such as those which lie entirely within the boundaries of a State of the United States. The American Transportation Company v. Moore, 2 Stuart, 329.

MINISTERIAL POWERS.

See Interpretation of Terms.

MISCONDUCT.

1. In a suit for wages, service and good conduct are presumed till disproved. The Agnes, 1 Stuart, 56.

2. A defence grounded on misconduct of seamen must be specially pleaded, with proper specification of the acts thereof. ibid.

3. In an action against the master for inflicting bodily correction upon an offending seaman, a justification on the ground of mutinous, disobedient and disorderly behavior sustained. The Coldstream, 1 Stuart, 386.

4. On the part of salvors, and reduction of salvage award in consequence. The Charles Forbes, Young, 172.

5. Damages occasioned by misconduct of pilot may be set off against his claim for pilotage. The Sophia, 1 Stuart, 96.

1. A vessel which moors alongside of another at a wharf or elsewhere, becomes responsible to the other for all injuries resulting from her proximity, which human skill or prevention could have guarded against. The New York Packet, 1 Stuart, 329 n.

See also The We're Here, Young, 138; The Chase, ibid, 113; The Frier, Stockton, ante, p. 180.

MORTGAGE.

1. Vice-Admiraly Courts have jurisdiction in respect of any mortgage when the ship has been sold by a decree of the Court, and the proceeds are under its control. 3 & 4 Vict. c. 65, s. 3, ante, p. 315; 24 Vict. c. 10, s. 11, ante, p. 350.

MUTUAL FAULT.

See Division of Damages.

NAVIGATION.

1. The same rules of navigation, and the same precautions for avoiding collisions and other accidents as are now adopted in the United Kingdom and other countries, are also adopted in the Dominion of Canada. R. S. C. c. 79, 372.

ante, p.

NAVIGATION LAWS.

1. The utility of navigation laws, particularly in the colonies. The Economy, Stewart, 446.

2. The law as to importation of spirits of turpentine under 33 Geo. 3, c. 50, s. 14-importers made owners under that statute, and British subjects, resident abroad, cannot import under it. The Nancy, ibid, 49.

3. As to 27 Geo. 3, c. 27, free port act. None but the enumerated goods can be imported. Not suspended by war with Spain by the Order in Council, 23rd Sept., 1803. Non-enumerated articles only forfeited, not the vessel and the enumerated articles. The Nuestra Senora del Carmen, ibid, 83.

4. Clearing out to Boston; entering, trading and clearing out from thence to Halifax, is importation from Boston. The Union, ibid, 98.

5. To avoid the embargo of the American government, no excuse for entering Halifax. The Patty, ibid, 299.

6. Certificate of probable cause of seizure must be granted upon facts appearing in the cause, not by subsequent affidavits, under 4th Geo. 3, c. 15, s. 46. The Fame, ibid, 112.

7. Putting into Philadelphia in distress, without landing or entering a cargo, not an importation from thence. Touching at Cork for a convoy, and at Madeira, no deviation from a license from Bristol to St. Domingo. The Active, ibid, 169.

8. Offences when to be tried. 49 Geo. 3, c. 107. Aliens acting as merchants in the colonies. The Providence, ibid, 186.

9. Change of master not indorsed on the register, vessel liable to forfeiture. The Friends Adventure, ibid, 200.

10. Importation to avoid the American embargo, no excuse for importing into Nova Scotia. The Dart, ibid, 301.

It must be noted that the Navigation Laws have long since been repealed, and the cases decided thereunder have now no practical value.

NAVY.

1. Vice-Admiralty Courts have jurisdiction in all cases of breach of the regulations and instructions relating to Her Majesty's navy at sea (26 Vict. c. 24, s. 11). This Act was, however, repealed by the Colonial Courts of Admiralty Act, 1890, ante, p. 387. See sec. 2, sub-sec. 3, of the latter Act as to present jurisdiction respecting the navy.

NECESSARIES.

1. The E., a small vessel owned in New Brunswick, being much out of repair when in Nova Scotia, and her master having neither money nor credit, the plaintiff agreed to furnish supplies, which were accepted by the workmen in payment of their wages, and the required repairs were thus effected. Subsequently not having been paid, he arrested the vessel for necessaries supplied, no owner being domiciled within the province. Held, That he was entitled to recover the amount of his claim. The Emma, Young, 282.

2. An agent for a foreign vessel made advances and disbursements for her use in account with her owner. The vessel afterwards sailed on her voyage, but was brought back in a wrecked state to the port of departure. Held, That the agent could not then treat his claim as one for necessaries, under the Vice-Admiralty Courts Act, 1863. The City of Manitowoc, Cook, 178.

3. When necessaries are supplied under circumstances which show that credit was given to the owner exclusively, the master is not liable. Smith v. Irwin, 5 Can. L. T. 573.

For present jurisdiction as to necessaries, see 3 & 4 Vict. c. 65, s. 6, ante, p. 316; and 54 & 55 Vict. c. 27, s. 2, sub-sec. 2, ante, p. 387.

NELSON (CHIEF JUSTICE).

1. His opinion, sitting in the Circuit Court of the United States, respecting compulsory pilotage. The China, 2 Stuart, 231 n.

See Desuetude.

NON-USER.

NOVA SCOTIA.

1. Opinion of Sir William Young, Chief Justice, sitting as judge in the Vice-Admiralty Court of Nova Scotia at Halifax, relating to the question of jurisdiction over a contract for wages different from the ordinary mariner's contract. The City of Petersburg, 2 Stuart, 343; s. c. Young, 1.

2. Opinion of the same respecting compulsory pilotage, and as to the jurisdiction of the Court of Vice-Admiralty over a vessel injured by a collision in Halifax harbor, within the body of a county. The Wavelet, ibid, 356; Young, 34.

3. Opinion of the same as to the jurisdiction in case of damage done to a wharf by a ship. The Chase, ibid, 361; Young, 113.

(Nova Scotia.)

4. Opinion of the same that the ports of the Dominion of Canada are to be considered "home ports" in relation to each other, and a bottomry bond given on a Canadian vessel in a Canadian port not enforceable. The Three Sisters, ibid, 370; Young, 149.

See Registrar; Perjury.

OATHS.

OFFENCES.

1. For authority in Commission of Judge to try offences committed within the jurisdiction of the Admiralty, see 1 Stuart, 380.

2. All persons charged in any colony with offences committed on the sea, may be dealt with in the same manner as if the offence had been committed on waters within the local jurisdiction of the Courts of the colony. 12 & 13 Vict. c. 96, s. 1. See ante, The Chesapeake, p. 288; 2 Stuart, p. 298.

3. The statute 18 & 19 Vict. c. 91, s. 21, relates to offences on board British ship on high sea, but nothing in that section shall interfere with 12 & 13 Vict. c. 96.

4. As to offences under "The Foreign Enlistment Act, 1870," see 33 & 34 Vict. c. 90. 2 Stuart, p. 286.

See Foreign Enlistment Act.

ONTARIO.

See Quebec.

ONUS PROBANDI.

1. Where a ship at anchor is run down by another vessel under sail, the onus probandi lies with the vessel under sail to show that the collision was not occasioned by any error or default on her part. The Miramichi, 1 Stuart, 240.

2. Where a vessel at anchor is run down by another, the onus lies on the latter to prove the collision arose from some cause which would exempt her from liability. The John Munn, ibid, 266.

3. In case of collision the onus is, in the first instance, on the party complaining. The Margaret, 2 Stuart, 19.

See The Secret, ibid, 133.