session, employment or earnings of such
ship. This Act is now repealed, and the
jurisdiction is under 24 Vict. c. 24, s. 8.
p. 349.
See Pritchard's Digest for Lord Stowell's
judgments as to the nature of this jurisdic-
tion prior to the latter Act.
PRACTICE.-Now governed by Rules of
1893, p. 413.
PRIORITY OF LIENS.-The Borzone, 118.
PRIVY COUNCIL-Judgment of, revers-
ing decision of Vice-Admiralty Court. The
Arklow, 72.
See JUDICIAL COMMITTEE.
PROOF.- Evidence must support plead-
ings. The Emma K. Smalley, 106.
RAFTS.-As to navigating and anchoring
in navigable river in Canada (31 Vict. c. 58,
s. 2), now R. S. C. c. 79, art. 27, 380.
RESTRAINT OF TRADE.-See The
Hattie E. King, 177.
RIVERS-As to navigation of. 372.
RULES OF THE SEA.- For English
rules, see 9 P. D., 248.
2 For rules relating to navigation of
Canadian waters. R. S. C. c. 79, 372.
SALVAGE.-The St. C. having sailed from
St. John, N. B., with a cargo of deals,
bound for Liverpool, went ashore at Dipper
Harbor, about twenty-five or thirty miles
below St. John. The ship's agents at the
latter place engaged two tugs, the S. K. and
the L., to go down and pull her off. For
this service they were to receive an agreed
sum, and the S. K. was to receive a further
sum, in case the vessel was got off, for tow-
ing her back to St. John. When the tugs
reached the vessel it was found that more
men and appliances were needed, and the
S. K. returned to St. John for a steam pump
and other appliances. The L., at the re-
quest of the master of the vessel, remained
to tend on the ship. During the absence of
the S. K. the vessel was floated, and through
the exertions of the L. the ship was pre-
vented from going on the rocks. Held,
SALVAGE.-Continued.
That the services rendered were more than
towage services, and that the L. was entitled
to salvage reward. The St. Cloud, 140.
2 A salvage service having been rendered
a foreign vessel, which had gone ashore
near Point Escuminac, near Miramichi Bay,
in an action for the recovery of the amount
of such service. Held, That the costs should
be paid first out of the fund in Court, then
the amount awarded as salvage services, and
any balance to the owners, as the seamen
had been paid. The Nordcap, 172.
3. Two vessels-the F. and the A.-were
moored to a buoy on the north of the harbor
of St. John, N. B. They were fastened
together, and during the night broke loose
by reason of the buoy becoming detached
from its mooring, and they drifted bow fore-
most down the harbor. All on board the
vessels were asleep. The plaintiffs' tug
gave the alarm to those on board the ves-
sels, and, by fastening on to the A., towed
both vessels out into the harbor and left
them in a place of safety. Held, That the
services rendered under the circumstances
were salvage services, and although the tug
had not, in fact, fastened a line to the F.,
yet salvage services had been rendered her,
for which she was liable, and that the
owners of the tug could proceed separately
against the F. without joining the A. in the
action. The Frier, 180.
4. For citation of cases, see note, 145.
SALVORS.-See The St. Cloud, and note,
SECURITY FOR COSTS.-A collision
took place in New York Bay between The
Mary and Carrie, an American registered
vessel, and The Oakfield, a steamship regis-
tered at the port of Glasgow, Great Britain.
The plaintiff, a resident of the city of New
York, United States, and owner of the Ame-
rican vessel, caused The Oakfield to be ar-
rested 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 secu-
SECURITY FOR COSTS.-Continued.
rity for costs, on the ground that the plaintiff
was a non-resident. The plaintiff by affida-
vit declared his intention to remain within
the jurisdiction until his suit was finally
heard and determined, and resisted the ap-
plication, relying on Redondo v. Chaytor,
4 Q. B. D. 453. Counsel for defendants
contended that Order 65, rule 6, of the Eng-
lish 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 judg-
ment, 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 Pulace, Ltd. The Oakfield,
August 31, 1894 (not yet reported), 668.
Rule 134 of 1893 would appear to govern
in a case of this kind.
SHIPWRECKS.-As to reciprocal rights
of Canadian and United States vessels. 184.
STATUTES.- Imp.
27 Edw. 3, c. 13: 147.
13 Rich. 2, c. 5: 48, 62.
15 Rich. 2, c. 3: 63.
2 Hen. 4, c. 11: 63.
28 Hen. 8, c. 15: 261.
21 Jas. 1, c. 16, s. 6: 82.
11 & 12 Wm. 3, c. 7: 261.
12 Aune, c. 18: 148.
4 Geo. 1, c. 12: 148.
5 Geo. 2, c. 7: 333.
26 Geo. 2, c. 19: 148.
14 Geo. 3, c. 83: 323.
14 Geo. 3, c. 79: 336.
STATUTES.-Continued.
45 Geo. 3, c. 121 : 300.
56 Geo. 3, c. 82: 399.
57 Geo. 3, c. 87: 300.
59 Geo. 3, c. 38: 200.
6 Geo. 4, c. 16: 300.
7 Geo. 4, c. 38: 261.
2 & 3 Wm. 4, c. 51: 399.
3 & 4 Wm. 4, c. 41: 65, 399.
5 & 6 Wm. 4, c. 62: 336.
6 Wm. 4, c. 36: 253.
1 Vict. c. 90: 331.
1 & 2 Vict. c. 9: 323.
2 & 3 Vict. c. 53: 323.
3 & 4 Vict. c. 35: 324.
3 & 4 Vict. c. 65: 48, 51, 103, 134, 160,
162, 189, 314.
3 & 4 Vict. c. 78: 324.
6 & 7 Vict. c. 22: 337.
6 & 7 Vict. c. 34: 342.
6 & 7 Vict. c. 75: 296.
6 & 7 Vict. c. 38: 399.
6 & 7 Vict. c. 76: 210, 252, 258, 283.
7 & 8 Vict. c. 66: 328.
7 & 8 Vict. c. 112, s. 16: 85, 339.
7 & 8 Vict. c. 69: 400.
8 & 9 Vict. c. 120: 296, 299.
9 & 10 Vict. c. 93: 53, 167.
10 & 11 Vict. c. 71: 324.
10 & 11 Vict. c. 83: 328.
11 & 12 Vict. c. 56: 324.
11 & 12 Vict. c. 83: 328.
12 & 13 Vict. c. 29: 331.
12 & 13 Vict. c. 96: 288, 324.
13 & 14 Vict. c. 26: 147.
15 & 16 Vict. c. 21: 324.
16 & 17 Vict. c. 48: 331.
17 & 18 Vict. c. 104: 24, 52, 79, 83, 127,
17 & 18 Vict. c. 120: 339.
17 & 18 Vict. c. 118: 324.
18 & 19 Vict. c. 3: 338.
18 & 19 Vict. c. 90: 100.
18 & 19 Vict. c. 91: 327, 339.
20 & 21 Vict. c. 39: 329.
20 & 21 Vict. c. 147: 152.
21 & 22 Vict. c. 99: 331.
22 & 23 Vict. c. 10: 324.
23 & 24 Vict. c. 88: 327.
24 Vict. c. 10 (1861): 48, 51, 79, 93, 158,
161, 348.
24 & 25 Vict. c. 10: 327.
25 & 26 Vict. c. 20: 338.
25 & 26 Vict. c. 63: 25, 68, 93, 152, 190,
199, 341.
26 & 27 Vict. c. 24 (1863): 45, 65, 79, 83,
157, 356, 401.
27 & 28 Vict. c. 25: 147.
27 & 28 Vict. c. 95: 53.
28 & 29 Vict. c. 14: 341.
28 & 29 Vict. c. 63: 332.
28 & 29 Vict. c. 64: 338.
30 & 31 Vict. c. 3: 331.
30 & 31 Vict. c. 16: 338.
30 & 31 Vict. c. 45: 401.
30 & 31 Vict. c. 114, s. 31: 38.
30 & 31 Vict. c. 124: 198.
31 & 32 Vict. c. 71: 81.
36 Vict. c. 129, s. 56: 79.
36 & 37 Vict. c. 59: 401.
36 & 37 Vict. c. 66: 27, 99.
36 & 37 Vict. c. 85: 25, 78, 87, 114, 199.
36 & 37 Vict. c. 88: 401.
38 & 39 Vict. c. 51: 401.
52 & 53 Vict. c. 46: 134.
53 & 54 Vict. c. 27: 65, 84, 386.
Canadian.
31 Vict. c. 58 (R. S. C. c. 79): 22, 25.
31 Vict. c. 61: 200, 206.
33 Vict. c. 15: 206.
36 Vict. c. 55, s. 24 (R. S. C. c. 81, s. 43):
36 Vict. c. 129, s. 56 (R. S. C. c. 74, s. 56):
79, 131.
37 Vict. c. 27: 84.
40 Vict. c. 2 (R. S. C. 137) : 166.
43 Vict. c. 29, s. 6 (R. S. C. c. 79): 26, 86,
110, 135, 199.
R. S. C. c. 74 (Seamen's Act): 361.
R. S. C. c. 79 (Navigation Act): 372.
53 & 54 Vict. c. 27 (Colonial Courts Act):
387.
54 & 55 Vict. c. 29 (Admiralty Act): 44,
65, 84, 207, 402.
55 & 56 Vict. c. 4: 184.
R. S. Ont. c. 128: 166.
New Brunswick.
19 Vict. c. 42: 251, 253, 274.
United States.
Act of Congress (Extradition): 236.
Act of Congress, 1890 (Wrecks, etc.): 184.
For list of statutes relating to Admiralty,
see p. 306.
STEAMER.-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 when two vessels are meeting
end on, or nearly so, the rule to port helm
may be departed from, where there are rea-
sonable grounds for believing such course is
necessary for safety, and consequently the
N. was not to blame, immediately before the
collision, for putting her helm to starboard.
The Soulanges; The Neptune, 1.
2. 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 navi-
gation, 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, 86.
STEERING AND SAILING RULES. 372
TABLE OF FEES.-By 26 Vict. c 24,
authority was given to Her Majesty in Coun-
cil from time to time to establish tables of
fees. See p. 358.
2. For present law relating to the estab-
lishment from time to time of tables of fees,
see Colonial Courts of Admiralty Act, 1890,
s. 7, p. 391.
3. For table of fees now in force, see p. 527.
TITLE.-The Act 26 Vict. c. 24, s. 10, gave
Vice-Admiralty Courts jurisdiction touching
the title and ownership of any vessel regis-
tered in the possession in which the Court
is established. Prior to that Act they had
no more than the ordinary jurisdiction pos-
sessed by the High Court of Admiralty be-
fore the passing of 3 & 4 Vict. c. 65 (1840).
See the judgment in The Australia, 13 Moo.
P. C. 132 (1859), on appeal from Vice-Ad-
miralty Court of Hong Kong. The juris-
diction is now governed by 24 Vict. c. 10,
s. 8. p 349.
TORTS.-The Enrique, 157, and note.
TOWAGE.-Two vessels (the F. and the
A.) were moored to a buoy on the north of
the harbor of St. John, N. B. They were
fastened together, and during the night
broke loose by reason of the buoy becoming
detached from its mooring, and they drifted
bow foremost down the harbor. All on
board the vessels were asleep. The plain-
tiffs' tug gave the alarm to those on board
the vessels, and, by fastening on to the A.,
towed both vessels out into the harbor and
left them in a place of safety. Held, That
the services rendered under the circum-
stances were salvage services, and although
the tug had not, in fact, fastened a line to
the F., yet salvage services had been ren-
dered her, for which she was liable, and that
the owners of the tug could proceed separ-
ately against the F. without joining the A.
in the action. The Frier, p. 180.
2. A tug-boat was engaged by the char-
terers of a vessel, the E., to tow her from
the harbor of St. John, N. B., through the
Falls, at the mouth of the river, beneath a
suspension bridge which spans the Falls at
a point where the river flows into the har-
bor. The vessel towed was chartered to
carry a cargo of ice from the loading place
above the Falls to New York, and the char-
terers were to employ the tug and pay for
the towage services. The tug having waited
to take another vessel in tow, together with
the E., was too late in the tide, and in going
under the bridge the topmast of the E. came
into collision with the bridge and was dam-
aged. Held, That the Court had jurisdic-
tion to entertain the suit; that the delay of
the tug in going through the Falls was evi-
dence of negligence; and the tug and owners
were condemned in damages and costs. The
Maggie M., 185.
See note to this case, ante, p. 189.
3. The owners of tug-boats plying in the
harbor of St. John, N. B, entered into an
agreement to charge a uniform rate for tow-
age services, and specified the amounts for
the different tows. The effect was to ma-
terially increase the rates on former years,
when there was free competition and cut
rates. The plaintiffs' tug, at the request of
the H. E. K., rendered to the vessel towage
services, and charged the combination rates.
The vessel owner offered to pay what he had
paid in former years for like services, and
refused to pay more, claiming the combina-
tion rates were against public policy, and
illegal. Held, That as the charges were
reasonable and fair for the services per-
formed, the plaintiffs were entitled to re-
cover the full amount claimed. The Hattie
E. King, 175.
See note to this case as to illegal combi-
nation in restraint of trade.
TREATY.
VICE-ADMIRALTY COURT.-The Court
of Vice-Admiralty in the colonies has a con-
current jurisdiction with the Courts of Re-
cord there, in the case of forfeitures and
penalties incurred by the breach of any Act
of the Imperial Parliament relating to the
VICE-ADMIRALTY COURT.-Continued.
trade and revenues of the British possessions
abroad. See The Customs Consolidation
Act, 1853 (17 & 18 Vict. c. 107, s. 183).
Vice-Admiralty Courts were made Courts
of Record by 24 Vict. c 19, s. 14 (1861).
2. So in the case of any penalties and for-
feitures incurred by the breach of the Act of
the Legislature of Canada consolidating the
duties of customs, or by the breach of any
other Act relating to the customs or to trade
or navigation, concurrent jurisdiction is
given to the Court of Vice-Admiralty with
the Courts of Record.
3. So it has jurisdiction in the case of any
penalties incurred by the breach of the pro-
clamation of the 1st of January, 1801, pro-
hibiting the use of colors worn in Her
Majesty's ships. (8 & 9 Vict. c. 87.)
4. The jurisdiction of the Admiralty is
now governed by the Admiralty Act, 1891.
402.
See ADMIRALTY JURISDICTION.
VIS MAJOR.
See INEVITABLE ACCIDENT.
WAGES.-The ship M. arrived in Liver-
pool, England, with a cargo consigned to
parties there, with instructions to the master
by the owners for their agents to collect in-
ward freight and transact the ship's business.
The agents purchased an outward cargo of
coals for St. John, N. B., and informed the
master it was on ship's account. By request
of the agents, the master signed a draft for
payment of cargo, although the owners, but
unknown to the master, had sent the agents
funds for the coals. The agents shortly
after became insolvent. Held, in an action
by the master for his wages, that the owners
could not charge the draft against the mas-
ter, and that he was entitled to recover his
full wages with costs. The Mistletoe, 122.
2. The plaintiff brought an action against
the P. for wages and disbursements as mas-
ter 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 prom-
issory 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 counter-claim,
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 en-
titled to recover, with costs. The Plover,
129.
3. The master of a vessel registered in
Canada, being also part owner, was dis-
charged at the home port, where the other
owners also resided. He caused the vessel
to be arrested in a cause of subtraction of
wages for an amount under $200. Held,
That the Court had no jurisdiction under
36 Vict. c. 129, s. 56 (Can.), and the cause
was dismissed with costs. The Jonathan
Weir, 79 (1883).
This is not now the law.
WORDS.
See INTERPRETATION OF TERMS.
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