(Seamen.)

of its duration, and a substantial compliance with the provisions of the Merchant Shipping Acts, 1854 and 1873. The Red Jacket, Cook, 304.

See Mariner's Contracts; Wages.

SEAMEN'S WAGES.

1. In the course of a voyage the master promises the seamen an additional sum over and above the stipulated wages in the articles. This promise is void for want of consideration. The Lockwoods, 1 Stuart, 123.

See Mariner's Contract; Seamen; Wages; Receipt in Full; Desertion.

2. Special contract for. The City of Petersburg, Young, 1. See Wages, 23.

SECURITY FOR COSTS.

1. A collision took place in New York Bay between The Mary and Carrie, an American registered vessel, and The Oakfield, a steamship registered at the port of Glasgow, Great Britain. The plaintiff, a resident of the city of New York, United States, and owner of the American vessel, caused The Oakfield to be arrested in a cause of damage by collision at St. John, N. B., by process issued out of the registry of the New Brunswick Admiralty District. The defendants applied for security for costs, on the ground that the plaintiff was a non-resident. The plaintiff by affidavit declared his intention to remain within the jurisdiction until his suit was finally heard and determined, and resisted the application, relying on Redondo v. Chaytor, 4 Q. B. D. 453. Counsel for defendants contended that Order 65, rule 6, of the English Judicature Act. 1883, applied, and that under the Canadian Admiralty rules of 1893, Order 65 of the English High Court must govern. The case of Michiels v. The Empire Palace, Ltd., 66 L. T. 132; 8 Times, L. R. 378, was pressed. Held by Tuck, J., that there must be a stay of proceedings until security to the amount of $300 was given. The learned judge, in the course of his judgment, stated that under the authority of Redondo v. Chaytor he would have refused the application, notwithstanding Order 65, had it not been for the decision of Michiels v. The Empire Palace, Ltd. The Oakfield, August 31, 1894 (not yet reported).

Rule 134 of 1893 would appear to govern in a case of this kind. See Costs. See ante, p. 128, note.

1. An American vessel condemned. The Merced, Stewart, 205. 2. It is not necessary to have slaves on board; it is sufficient if the trade is incipient, progressive, or complete; it may be proved by the nature of the vessel and cargo in opposition to the positive oath of the master. The Severn, ibid, 284.

SOLICITOR GENERAL.

See Attorney General.

SMUGGLING.

It forfeits the vessel though the owner be innocent. The Seaway, Young, 267.

STARBOARD.

Probable derivation of this nautical term. 1 Stuart, p. 235.

STATUTE.

1. The repeal of a repealing statute has generally the effect of reviving the original statute. The London, 1 Stuart, 151.

By Con. Stat. c. 120, s. 5, of New Brunswick, it is provided that no Act or portion of an Act heretofore or hereafter repealed shall be revived unless by express enactment.

2. A statute does not lose its force by desuetude or non-user. The Mary Campbell, ibid, 223.

For list of Statutes, see Index, post.

STAYS.

See Collision, 25, 104.

STEAMER.

1. If it be practicable for a steamer, which is following close upon the track of another, to pursue a course which is safe, and she adopts one which is perilous, then, if mischief ensue, she is answerable for all consequences. The John Munn, 1 Stuart, 265.

2. In a cause of collision between two steamers, the Court, assisted by a captain in the Royal Navy, pronounced for damages and costs, holding that the one which crossed the course of the other was to blame. The By-Town, ibid, 278.

3. Making short and unusual turns to cross the course of another steamer coming into port, contrary to the usual practice and custom of the river, and the rules of good seamanship, condemned in damages. The Crescent, ibid, 289.

4. Such dangerous manoeuvres in a crowded port like that of Quebec to be discountenanced. ibid.

5. Steamers are to be considered in the light of vessels navigating with a fair wind. The Niagara, ibid, 314.

6. Every steamship when navigating any narrow channel shall, whenever it is safe and practicable, keep to that side of the fairway or mid-channel which lies on the starboard of such steamship. The Merchant Shipping Act, 1854. The Inga, ibid, 335.

7. When two or more steamboats of unequal speed shall be pursuing the same course within the limits of the port of Quebec, the slowest boat, if ahead, shall draw on the left and allow the one at the stern to pass on the starboard side.

See By-law of Trinity House of Quebec of 12th of October, 1855. 8. The passenger steamer S., sailing up the river St. John, met the steam-tug N. coming down, near Akerley's Point, where the river is about half a mile wide. The S. was near the western shore, which was on her port side going up; the N. about one hundred and fifty yards from the same side of the river. The S., by keeping her course when she first sighted the N., might have avoided the collision, but instead ported her helm, which gave her a diagonal course to starboard towards the east side, and as a result struck the N. on the starboard quarter and sank her. Held, That the S. was to blame, and liable for the damages sustained; also held that where two vessels are meeting end on, or nearly so, the rule to port helm may be departed from, when there is reasonable ground for believing such course is necessary for safety, and consequently the

(Steamer.)

N. was not to blame, immediately before the collision, for putting her helm to starboard.

The Soulanges; The Neptune, Stockton, ante, p. 1.

9. A vessel may take a course opposed to that indicated by the rule where there is reasonable ground for believing such proceeding necessary for her safety or more secure navigation. ibid.

10. The tug G. was proceeding up the river St. John, and the tug V. coming down; when near Swift Point they came into collision, and the V. sank. The G., at the time of the accident, was, contrary to the rules of navigation, near the westerly shore on the port side of the vessel; the V. did not exhibit any masthead white light, as required by the regulations. Held, That both vessels were to blame; that the collision was occasioned partly by the omission of the V. to exhibit her masthead white light, but principally by the course of the G., and a moiety of the damages was given to the V. with costs. The General, ibid, 86.

STEAM NAVIGATION ACT.

English Steam Navigation Act (14 & 15 Vict. c. 79). The Inga, 1 Stuart, 335.

STEAM-TUG.

1. A sailing vessel running foul of another coming up the St. Lawrence in tow of a steam-tug, condemned in damages. The Niagara, 1 Stuart, 308.

2. A vessel in tow, with a head wind and no sails, and fast to a steamer, is powerless to a very great extent, and can only sheer to a certain distance on either side of the course on which she is towed. ibid.

3. If the misconduct of those on board the tug be the sole cause of the collision, both the other vessels are exempt from responsibility, and the recourse of the injured vessel is against the tug. ibid. 4. The tow is not responsible for an accident arising solely from the mistake or misconduct of the tug. ibid.

5. A sailing vessel condemned in damages and costs for putting her helm to starboard and passing to the left of a steam tow boat, thereby causing collision with the vessel in tow, the steamer and her tow coming down the channel nearly or exactly upon a line with the course of the sailing vessel. The Inga, 1 Stuart, 335.

(Steam-tug.)

6. As to liability of a steam-tug for collision between vessels, one of which was towed by the steamer. The John Counter, ibid, 344.

7. When the accident arises from the fault of the tow, without any error or mismanagement on the part of the tug, the former is answerable. ibid.

8. If both be in fault, both vessels are liable to the injured vessel, whatever may be the responsibility inter se. ibid.

9. Steam-tugs employed in an ordinary service of towing merchant vessels are bound to be subservient to the orders of the pilot on board the vessel in tow. The Anglo-Saxon, 2 Stuart, 122, note.

10. The master of the tug must implicitly obey and carry out the orders of such pilot, excepting in the case of gross mismanagement on the part of the pilot. ibid.

11. A tug and tow are one vessel, and that a steamship. The F. J. King, 8 Can. L. T., 159.

12. It was held by the Maritime Court of Ontario that it could not entertain a cause of damage to a tow arising from the negligence of towing vessel when no collision between vessels had occurred. The Sir S. L. Tilley, 8 Can. L. T., 156.

See Collision; Steamer; Towage.

STEERING AND SAILING RULES.

See ante, p. 372.

STEWARD.

1. A steward displaced and punished without cause is not bound to serve as a cook, and may recover his wages. The Sarah, 1 Stuart, 87.

See Wages, 7.

STRANDING.

STUART (HON. GEORGE OKILL).

Judge of Vice-Admiralty Court of Quebec from 1873 to 1884.

SUPPLETORY OATH.

See Practice, 10.