PREFACE.

This volume contains the most important judgments delivered by the late Mr. Justice Watters, as Judge of the Vice-Admiralty Court of New Brunswick, between the years 1879 and 1891. During his tenure of office as Judge of the Court, he discharged the duties of his high position with eminent ability, and to the entire satisfaction of the public and the Bar. My duties, as Registrar of the Court, brought me into frequent and close contact with him, and I soon learned to esteem him as a man and respect him as a Judge. It was understood between us that I would at some time publish his judgments. After his death they were found carefully arranged by themselves, and were, by his representatives, handed to me for publication. I now give them to the public fully persuaded they will prove of advantage to the profession. Three cases by other Judges have been included in the volume. In the case of The Teddington, p. 54, will be found a valuable judgment of Mr. Justice Palmer, refusing a writ of prohibition, and ably discussing the early jurisdiction of the High Court of Admiralty. The case of The White Fawn, p. 200, was decided by the late Hon. Robert L. Hazen, then Judge of the Court. It gives a construction to the clauses of the Imperial Statute 59 Geo. III. c. 38, and the Canadian Statutes 31 Vict. c. 61, and 33 Vict. c. 15, relating to the protection of our Fisheries. This decision was quoted with approval by the Counsel for the United States before the Halifax Fishery Commission. It is at variance with the decision of Sir William Young, C. J., in the case of The J. H. Nickerson, in the Vice-Admiralty Court of Nova Scotia. The case of The Chesapeake is not strictly an Admiralty case; but the circumstances surrounding it, and the very important questions discussed by Mr. Justice Ritchie in discharging the prisoners from arrest on the charge of piracy, justify its insertion in this volume.

The reader will notice that all the reported cases deal with important and leading principles of Admiralty law. At the end of each case will be found full and ample notes containing citations of English, Canadian and American authorities, bringing the law down to the present time. The Imperial and Canadian Statutes relating to Admiralty jurisdiction and practice have been included. The Colonial Courts of Admiralty Act, 1890, Imp. (53-54 Vict. c. 27); the Admiralty Act, 1891, Can. (54–55 Vict. c. 29), and the Rules of 1893, framed under the authority of the two last mentioned Acts, have been given in extenso. At the close of the volume has also been inserted a full and complete DIGEST of all reported Canadian Admiralty cases. These features will, it is hoped, make the work of general utility in actual practice. In the Introduction an attempt has been made, in concise terms, to give the reader an outline of that struggle for jurisdiction, which was waged in England for more than two centuries between the High Court of Admiralty and the Courts of Common Law. The criticism may be made that such a discussion has at present no practical value. I cannot share that view, and trust it may prove useful to those desirous of studying that period of Admiralty law.

It is almost needless to remind the reader that the jurisdiction now exercised by the Admiralty Court in Canada is as wide and comprehensive as the most enthusiastic advocate of its ancient jurisdiction ever claimed. This has been accomplished from time to time during the last half century by enlightened legislation designed to meet the requirements of modern commerce. All questions touching our merchant marine practically come within the scope of its present jurisdiction.

My thanks are extended to Mrs. Stuart, of Quebec, widow of the late Judge Stuart, for ready permission given to make what use I deemed proper of her late husband's Reports, in preparing the Digest; also to William Cook, Esq., Q. C., of the same place, for similar permission as to his valuable volume of Reports.

I also am indebted to Heber S. Keith, Esq., B. A., Barrister-at-Law, for the table of cases cited, and for assistance rendered in the preparation of the Digest.

The volume-prepared amid many other pressing duties -is now given to the public with the earnest hope that it may prove useful to the profession.

94 PRINCE WILLIAM STREET,

ST. JOHN, N. B.,

November 2, 1894.

A. A. STOCKTON.