PRIVY COUNCIL.

1. Opinion of the Lords of the Judicial Committee affirming the judgment of the Vice-Admiralty Court of Lower Canada in the case of The Margaret, 2 Stuart, 23.

2. Opinions of the Lords of the Judicial Committee affirming the judgments of the Vice-Admiralty Court of Lower Canada in the following cases: The Quebec, Cook, 34; The Eliza Keith, ibid, 117; The Earl of Lonsdale, ibid, 163.

3. The same altering the judgments of the Vice-Admiralty Court of Quebec. The Underwriter and The Lake St. Clair, ibid, 55.

4. The same affirming the judgment of the Vice-Admiralty Court of Nova Scotia. The Chase, Young, 125.

5. The same, reversing the judgment of the Vice-Admiralty Court of New Brunswick. The Arklow, Stockton, ante, 72.

6. On an appeal to the Privy Council, where their lordships named assessors, an opinion on a nautical point given by Canadian assessors may be overruled. The Eliza Keith; The Langshaw,

Cook, 107.

PRIVATEER.

Must have a lawful commission. The Curlew, Stewart, 312.

PRIZE.

1. As to power of prize agents and captors over prizes and proceeds before condemnation. The Herkimer, Stewart, 128.

2. They are not entitled to have prize goods deposited in their own private stores. The La Merced, ibid, 219.

3. The provincial law of attaching goods of absconding debtors, no excuse for their not paying unclaimed shares to Greenwich Hospital. The Bermuda, ibid, 231.

4. Selling before condemnation will forfeit goods to the Crown for misconduct on part of captors. The La Reine Des Anges, ibid, 9.

5. As to taking prize from the custody of the marshal. The Cossack, ibid, 513.

6. Court of Prize in a neutral country cannot deliver on bail without the consent of owners. The Hibberts, ibid, 40.

7. A prize, before condemnation, is a trust, and cannot be alienated without the consent of all parties, unless perishable. The King has

(Prize.)

no vested right till condemnation. The King's officers have no right to purchase when others have not; and have no pre-emption when sales can be made. Cases of public necessity for defence of country form an exception. The Curlew, ibid, 312.

8. Prizes detained upon the declaration of war by the United States, and under the Order in Council, July 31st, 1812, and ultimately condemned to the King, jure corona, as having been taken before the order for reprisals, could not be sold or bailed without an authority from the King, unless in a perishable state. Measures taken for their preservation. Petition of Sir John Warren.

ibid, 327.

9. Proceedings respecting the agents appointed by the Crown to receive them. Snook's Petition, ibid, 427.

10. Prizes taken before the order for reprisals, October 13th, 1812, not given to the captors by the order for distribution. Malcolm, ibid, 379.

The

11. Prize taken under commission from the governor of a province, without a warrant from the Admiralty, not given to the captors by the proclamation for distribution.

The Little Joe, ibid, 382.

See Practice, 5.

PROBATORY TERM.

PROCTOR.

1. A settlement without the concurrence or knowledge of the promovent's proctor does not bar the claim for costs; and the Court will inquire whether the arrangement was or was not reasonable and just, and relieve the proctor if it were not.

See Practice, 14.

The Thetis, 1 Stuart, 363.

2. As to how far the Court will interfere on a complaint made by the registrar against proctors for non-payment of his fees, which they have received from their clients and not paid over to him. Ex parte Drolet, 2 Stuart, 1.

3. A premature action in some cases exposes the proctor acquainted with the facts of the case to the animadversion of the Court for the impropriety of creating unnecessary litigation. The British Lion, ibid, 114.

PROOF.

See Evidence; Onus Probandi; Vis Major.

See Collision, 108.

PROPERTY.

1. Condemnation of enemy's property. The Venus, Stewart, 12.

2. Forfeiture of property connected with enemy's property. The Herkimer, ibid, 17.

3. American property, concealed as Spanish in the slave trade, condemned. The Merced, ibid, 205.

PROTEST.

1. The production of the protest is necessary in all cases, whether of collision or salvage, but more particularly so in cases of salvage. The Electric, 1 Stuart, 333.

PROXIES.

1. In order to prevent proctors from proceeding in causes, on instructions from parties not having a legal persona standi to prosecute a cause, the Court may require the production of proxies. The Dumfriesshire, 1 Stuart, 245.

See Proctor; Practice.

2. For a report of the law officers of the Crown in Canada on this subject. ibid, 247, note.

QUEBEC.

For geographical limits of the ancient government of Quebec; for the division into Upper and Lower Canada; their re-union into the Province of Canada; and the division of the latter into the Provinces of Ontario and Quebec, see 2 Stuart, 381.

See Table of Fees.

RAFTS.

Rules as to the navigating and anchoring of rafts in any navigable river in Canada (31 Vict. c. 58, s. 2), now R. S. C. c. 79, Art. 27; ante, p. 380.

RANSOM.

1. Where it is justifiable under the Prize Act. The Fanny, Stewart, 554.

2. The Act 22 Geo. 3, c. 25, and the clauses in the Prize Acts relating to ransom, extend only to vessels captured in war, not to those seized for other causes. The Patriot, ibid, 350.

REASONABLE AND PROBABLE CAUSE.

1. It is defined as "such a state of facts as would lead a man of ordinary caution and prudence to believe and entertain an honest and strong suspicion that the person is guilty."

The Atalaya, Cook, 234.

RECEIPT IN FULL.

1. A receipt in full is not taken as conclusive in the Court, but is open to explanation, and upon satisfactory evidence may be restrained in its operation. The Sophia, 1 Stuart, 219.

2. When receipts and discharges of claims are given by the crew of a vessel, they are not to be taken in the Admiralty as conclusive, and where the settlements and receipts are made under undue and oppressive influences, and without free consent, they ought not to bar an equitable claim for compensation beyond what the crew have received. The Jane, ibid, 256.

3. In actions by seamen for wages the Court will not, of course, sanction settlements made with parties out of Court unless their proctors are consulted and approve them. The Thetis, ibid, 363. See Proctor; Practice.

RECEIVER OF WRECKS.

His right to intervene in a case of derelict. The W. G. Putnam, Young, 271.

RECOUPMENT.

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

wages.

2. Damages occasioned to the ship by the mismanagement of the pilot may be set off against his claim for pilotage. The Sophia, ibid, 96.

REGISTRAR AND MERCHANTS.

1. Cases referred to in 1 Stuart: The Lord John Russell, 198; The John Munn, 266; The Crescent, 293; The Roslin Castle, 307.

2. Cases referred to in Cook: The Frank, 105; The Atalaya, 260; The Barcelona, 299; The Celeste, 76; The Normanton, 122. 3. See note to Elysia A., ante, p. 42.

4. As to percentage entitled to, upon gross amount of all the money paid into the registry. The Hiram, Stewart, 583.

5. As to objections to report of referee. The James Fraser, Young, 160.

REGISTRATION.

Of mortgages and bill of sale, see The W. E. Wier, Young, 145.

RE-OPENING OF DECREE.

1. The S. B. Hume, having been picked up derelict by the G. P. Sherwood, was, after much risk and exertion, brought into port. The values of vessel and cargo were appraised by competent persons at $9,000, and this was acquiesced in by the proctors of both parties. As the services were highly meritorious, one-half, $4,500, was awarded as salvage. Subsequently the proctors for the owners of the vessel obtained a rule to set aside the judgment and award of salvage, on the ground that their acquiescence in the appraisement had been given under a misapprehension of the facts and of the purpose to which it was to have been applied. The appraisement had not been made at the instance of the Court. The owners having refused to pay the amount awarded, thereby rendering a sale necessary, and it clearly appearing that a sum far less than the appraisement would be realized at such sale, and that therefore the award would be excessive and unjust, the Court set aside its judgment and ordered a sale to be had. At the sale the vessel and cargo brought only $4,128, instead of $9,000, as had been appraised. Held, That the decree should be re-opened, and that the Court should take the $4,128 as the basis of salvage award, the same proportion being awarded to the salvors as before, with costs. S. B. Hume, Young, 228.

The

2. The steamer Z., bound from Antwerp to Philadelphia, fell in with the R. A., abandoned, and in twenty-four hours, with little difficulty, towed her into Halifax. The Z. was valued at $275,000 for vessel and cargo, the R. A. at $8,300. Held, That $2,800 should be awarded. Subsequently it was discovered that the appraisement had been misunderstood, and that it should have been construed so as to make the total value of the R. A. only $7,500. Held, That although the counsel for the R. A. had acquiesced in the appraisement and decree until the error was discovered, yet that they were not shut out from applying for relief, that the decree should be reopened and an award made on the basis of $7,500, the same proportion being allowed to the salvors.

Recent cases upon the question of re-opening decrees cited, and the rule indicated. The Royal Arch, Young, 260.

RELEASE.

1. Witnesses examined under a release. The Lord John Russell, 1 Stuart, 194.