OPTION.

Electa una via, non datur recursus ad alteram. Where a party had his option to proceed either before the Trinity House or before the Admiralty, and made his option of the former, by that he must abide as well in respect of the execution of the judgment as in the obtaining of it. The Phoebe, 1 Stuart, 59.

ORDERS IN COUNCIL.

Cases upon the same.

1. September 23rd, 1803. Trade with the free ports to continue, notwithstanding hostilities with Spain. The Nuestra Senora del Carmen, Stewart, 83.

2. November 19th, 1806. License to trade to St. Domingo. The Clyde, ibid, 100.

3. June 24th, 1803. Colonial trade contraband on the outward voyage. Grounds of condemnation. The United States, ibid, 116.

4. July 15th, 1807. A qualified license to trade to St. Domingo; and December 14th, 1808, trade to St. Domingo laid open. The Beaver, ibid, 173.

5. April 26th, 1809. Not revoked in consequence of the Duke de Cadori's letter of August 5th, 1810. The New Orleans Packet, ibid, 260.

6. October 2nd, 1807. Blockade of the Eyder discontinued July 13th, 1809. May 31st, 1809, trade to Heligoland; November 11th, 1807, trade in enemy's produce revoked April 26th, 1809. The Thomas, ibid, 269.

7. November 11th, 1807. Certificates of origin revoked by April 26th, 1809. The American, ibid, 286.

8. January 7th, 1807. Trading between enemy's ports. The Express, ibid, 292.

9. July 31st, 1810. Petition of Sir J. Warren to detain certain American vessels. ibid, 327.

10. April 26th, 1809. Suspended by order June 23rd, 1812, conditionally. The condition not having been complied with, the first order is in full force again. The George, ibid, 389.

11. April 8th, 1812. Permission to import and export from Halifax to the United States wheat, etc.; October 13th, 1812, the same, notwithstanding hostilities with the United States. The Economy, ibid, 446.

(Orders in Council.)

12. October 26th, 1812. Confirming Admiral Sawyer's licenses.

The Reward, ibid, 470.

13. April 26th, 1809. Prohibiting commerce with France; the principle of it considered and justified; not a blockade properly speaking, but a defensive measure of another kind. The Orion, ibid, 497.

14. June 27th, 1832. Establishing rules of Court. 1 Stuart, 6. 15. November 20th, 1835. The John and Mary, ibid, 64; The London, ibid, 140.

16. August 23rd, 1883.

17. March 15th, 1893.

p. 410.

As to rules of 1883. Cook, 372.

Authorizing rules of 1893. See ante,

See Rules; Regulations; Table of Fees.

OWNERS.

1. Owners of vessels are not exempt from their legal responsibility, though their vessel was under the care and management of a pilot. The Cumberland, 1 Stuart, 75.

2. Change of the owner, by the sale of a ship at a British port, does not determine a subsisting contract of seamen, and entitles them to wages before the termination of the voyage. The Scotia, ibid, 160.

3. The Court of Admiralty has authority to arrest a ship upon the application of the owner, in a case of possession, The Mary and Dorothy, ibid, 187.

4. Having a pilot on board, and acting in conformity with his directions, does not discharge the responsibility of the owners. The Lord John Russell, ibid, 190.

5. But the owner of a ship is not responsible for damage done by his ship, occasioned solely by default of a branch pilot, employed by compulsion of law. The Lotus, 2 Stuart, 58.

See cases: The Arabian, ibid, 72; The Alma, ibid; The AngloSaxon, ibid, 117.

6. To entitle the owner of a ship, having by compulsion of law a pilot on board to the benefit of the exemption from liability for damage, the fault must be exclusively that of the pilot. The Courier, 2 Stuart, 91.

(Owners.)

7. If a licensed pilot is on board a vessel, in order to exempt the owner from liability for damage occasioned by collision, the onus probandi lies upon such owner to establish that the collision was occasioned solely by the negligence of the pilot. The Secret, ibid, 133.

8. The exemption from liability is not taken away from the owners of the damaging vessel, though the master have the power of selection from amongst a number of pilots; and, though in consequence of such selection, the same pilot has in fact piloted the ship for many years. The Hibernian, ibid, 148.

9. A person may be considered as the owner of a vessel, though his name has never been inserted in the bill of sale or ship's register. The Anglo-Saxon, ibid, 117.

See Pilot; Possession.

PASSENGER.

1. The relation of master and passenger produces certain duties of protection by the master analagous to the powers which the law vests in him as to all the persons on board his ship; any wilful violation of which duties, to the personal injury of the passenger, entitles the latter to a remedy in the Admiralty, if arising on the high seas. The Friends, 1 Stuart, 118.

2. Unless in case of necessity, the master cannot compel a passenger to keep watch. ibid, 120.

3. The master may restrain a passenger by force, but the cause must be urgent, and the manner reasonable and moderate. ibid, 122.

4. The authority of the master will always be supported by the Courts so long as it is exercised within its just limits. The Toronto, ibid, 179.

5. Damages awarded against a master of a vessel for having, in a moment of ill-humor, attempted to deprive a cabin passenger of his right to the use of the quarter deck and cabin, and to separate him from the society of his fellow-passengers. ibid, 180.

6. For salvage by a passenger, see The Stella Marie, Young, 16. See Admiralty; Assault; Jurisdiction; Damages to Person; Salvage; Vice-Admiralty.

PATRONE.

1. Import of the term in the Mediterranean States. The Scotia, 1 Stuart, 166.

PAYMENT.

Of awards to salvors, directions by Court. The Runeberg,

Young, 42.

PENALTY.

1. If any Act be prohibited under a penalty, a contract to do it is void. The Lady Seaton, 1 Stuart, 263.

2. For violation of revenue laws. The Minnie, Young, 65.

3. Upon breach of revenue laws, suit for penalty. The Queen v. Flint, Young, 280.

See Perjury.

PERJURY.

1. Any person who shall wilfully swear falsely in any proceeding before the registrar or other person authorized to administer oaths in any Vice-Admiralty Court, shall be deemed guilty of perjury, and shall be liable to all the penalties attaching to corrupt perjury. 24 Vict. c. 10, s. 26, ante, p. 353.

PILOT.

1. The mode, the time, and the place of bringing the vessel to an anchor is within the peculiar province of the pilot who is in charge. The Lotus, 2 Stuart, 58.

2. Where a pilot is on board the ship he must be actually on deck and in charge to relieve the owners of their responsibility. The Courier, 2 Stuart, 91.

See The Gordon, ibid, 198.

3. The pilot in charge of a ship is solely responsible for getting the ship under weigh in improper circumstances. The AngloSaxon, ibid, 117.

4. The duty of the pilot is to attend to the navigation of the ship, and the master and crew to keep a good lookout. The Secret, ibid, 133.

5. The owner of a ship not liable in damages for a collision occasioned by the fault of a pilot, where there is a penalty attached to a refusal to take such pilot. The Hibernian, ibid, 148.

6. A pilot is a mariner, and as such may sue for his pilotage in the Vice-Admiralty Court. See 2 Will. 4, c. 51; 1 Stuart, 4.

7. A pilot who has the steering of a ship is liable to an action for an injury done by his personal misconduct, although a superior officer be on board. The Sophia, 1 Stuart, 96.

(Pilot.)

8. Damages occasioned to the ship by the misconduct of the pilot may be set off against his claim for pilotage. ibid.

9. In cases of pilotage, where there has been a previous judgment of the Trinity House upon the same cause of demand, the Court has no jurisdiction. The Phabe, ibid, 59.

10. Persons acting as pilots are not to be remunerated as salvors, but they may become entitled to extra pilotage, in the nature of salvage, for extraordinary services rendered by them. The Adventurer, 1 Stuart, 101.

11. The jurisdiction of the Court not ousted in relation to claims of this nature by the provisional statute 45 Geo. 3, c. 12, s. 12. ibid. 12. Owners of vessels are not exempt from their legal responsibility, though their vessel was under care and control of a pilot. The Cumberland, ibid, 75.

13. It is the exclusive duty of pilots in charge to direct the time and manner of bringing a vessel to anchor. The Lord John Russell, ibid, 190.

14. Having a pilot on board, and acting in conformity with his directions, does not discharge responsibility of owner. The Creole, ibid, 199.

See Pilotage; Compulsory Pilotage.

15. A vessel to blame for collision in Halifax harbor, in charge of a pilot. Held, No ground of exemption from liability, pilotage not being compulsory. The Wavelet, Young, 34.

See Collision.

PILOTAGE.

1. Vice-Admiralty Courts have jurisdiction in respect of pilotage (26 Vict. c. 24, s. 10). This Act is now repealed by Colonial Courts of Admiralty Act, 1890; but the Court has the same jurisdiction over pilotage as the High Court of Admiralty. Under the Merchant Shipping Act, 1854, s. 2, “seaman" includes pilot.

2. An indemnity in the nature of pilotage, based upon the Pilotage Act, 1873 (Can.) (36 Vict. c. 54), awarded to a pilot taken to sea without his consent. The Farewell, Cook, 282.

3. The Dominion Parliament may confer on the Vice-Admiralty Courts jurisdiction in any matter of shipping and navigation within the territorial limits of the Dominion. ibid.