SECURITY FOR COSTS.

See Collision, Nos. 33, 34, 38-Practice, No. 23. SECURITY FOR COUNTER-CLAIM.

See Collision, No. 38.

SERVICE.

See Practice, Nos. 25, 26, 27.

19

3. Claim for account and sale-Mortgagee's rightWhere a part owner of ship institutes a suit against the ship claiming as against his coowner an account and a sale of the ship, a mortgagee holding a mortgage, which would not be satisfied by a sale of the ship, is entitled, on intervening in the suit, to a release of the ship and to his costs from the time of his claiming the release. (Adm.) The Eastern Belle 4. Ownership action-- Injunction-Dealing with shares pendente lite.-An injunction granted ex parte, on application of the plaintiff to prevent defendant dealing, and to restrain the registrar of shipping from registering any dealings, in shares of ship the subject of a co-ownership action pendente lite. (Adm.) The Horlock...... 421 5. Practice-Co-ownership action in rem-Default in appearance-Joinder of defendant-AccountsReference-Costs.-Where an action is brought in rem against a ship by the owners of certain

6. Registered managing owner-Master having control-Agreement as to profits-Liability for negligence-Merchant Shipping Act 1875.-The owner of a ship, who, by a verbal agreement, gives up all control over her to the captain, but retains a right to one-third of the net profits, and is subsequently to the agreement registered as "managing owner" under the Merchant Shipping Act 1875, is liable for the negligent management of the vessel by the captain, although occurring during her employment under charter-party of which the owner knew nothing. Fraser v. March (13 East, 238) distinguished. (C. P. Div.) Steel v. Lester and Lilee

a

7. Shipbuilding contract-Company-Payment by instalments-Shares-Mode of payments-Contract-Authority of directors.-Shipbuilders contracted with a trading company to build for them a steamer, to be paid for by instalments at different stages of the vessel's progress, onetenth of the whole to be paid in fully paid-up shares in the company at par, on delivery of the ship. At a meeting between the directors of the company and the shipbuilders on the day that the above contract was signed, the latter having raised an objection to receiving any part of the purchase-money in shares, the chairman and the managing director of the company, who together formed a firm carrying on a separate business as cotton brokers under the title of C. G. and Co., gave them the following letter, dated the same day: 'We hereby beg to say that we shall do our best to dispose of the stock we propose that you shall take in payment of the last instalment of the steamer, this day contracted for with you. It is not our expectation that we shall have to call upon you to take up these shares." This was signed "C. G. and Co." Before the delivery of the ship an individual member of the firm of shipbuilders applied for some shares in the company on his own account, and the company declined to allot any to new applicants except at 5 per cent. premium. No shares were allotted to the shipbuilders until three years after the delivery of the ship, when the company was about to wind-up. Held, first, that, in the absence of express authority or some evidence of ratification, the letter of C. G. and Co. did not bind the company; secondly, that the ship. builders having from the time of the delivery of the ship insisted upon payment of the last instalment in cash, the company were not bound at that time to allot them shares; and thirdly, that the duty of C. G. and Co. as regards disposing of the shares did not arise until they were due, viz., on the delivery of the ship, and therefore that a resolution of the company to issue no shares except at a premium, before the delivery of a ship, was no evidence as against C. G. and Co. that they did not do their best to dispose of the shares; and that C. G. and Co. having in no way prevented shares being allotted to the shipbuilders on or after delivery of the ship, no duty arose on their part until such allotment. (C. P. Div.) McMillan and Son v. Liverpool and

537

STOPPAGE IN TRANSITU.

1. Bill of lading-Assignment of Past considera-
tion good-Defeat of right to stop.-The transfer
of a bill of lading for a valuable consideration
defeats the right of stoppage in transitu, and it
makes no difference that no part of the considera-
tion for the transfer arose out of such a bill of
lading. Hence, where an advance is made on the
promise of security to be given, and a bill of lad-
ing is afterwards deposited to cover such advance,
there is a good transfer of the bill of lading
which will defeat the right of stoppage. (Ct. of
App., reversing Q.B.)Leask v. Scott...
.352, 469
2. Cesser of right-Place of destination-Bills of
lading Documents.-Where goods are shipped
"to L. consigned to order for account and risk of
W. and Co., of B.," and the consignors send to
their agents in L. bills of exchange and shipping
documents, and the bills are accepted by W. and
Co., who thereupon receive the shipping docu-
ments, L. is the place of destination of the
goods, and the transaction is complete on signing
the bills of exchange and handing over the docu-
ments; the right to stop in transitu ceases at L.
(Bank.) Re Whitworth and Co.; ex parte
Blackburn; Ex parte Gibbs and Co.

3. Sale here for shipment abroad-Lien on bills of
lading and each shipment-Bankruptcy-Right
to stop. Where goods are sold by a merchant in
B. to a merchant in London under a written
agreement, by which the goods are to be sent to
the purchaser, who is to ship them direct to
named consignees abroad, for sale on his own
account, and the vendor is to have a lien on the
bills of lading and each shipment; and goods are
consigned to the purchaser, who ships them and
then becomes bankrupt without having had the
bills of lading, the agreement does not deprive
the vendor of his right to stop in transitu, and
the transitus does not end in London, but con-
tinues until the goods reach their destination
abroad. (Ct. of App.) Ex parte Watson, Re
Love......

74

396

4. Wharfinger acting as agent for consignor and
consignee-Bankruptcy of purchaser-Right to
stop.-Where a consignor sends goods by ship to
a consignee, and they are delivered by the ship
to a wharfinger, who acts on the part of both
carrier and consignee, and whose business it is to
collect the freights, and not part with the goods
until they are paid for, and also to act as
wharfinger and carrier for the consignee, and the
consignee commits an act of bankruptcy upon
which he is adjudicated bankrupt, and the con-
signors, as unpaid vendors, claim the goods in
the hands of the wharfinger before they are
claimed by the trustee in bankruptcy, the right of
stoppage in transitu is not lost. (Bank.) Ex
parte Barrow; Re Worsdell

STRANDING.

See Discipline, No. 2.

SUING AND LABOURING.

See Marine Insurance, No. 2.

page 387

SUPREME COURT OF JUDICATURE ACTS.

See Practice.

SUPREME COURT RULES.

See Practice.

TENDER.

See Salvage, No. 22.

TERMINATION OF RISK.
See Marine Insurance, Nos. 9, 23, 29.

THAMES NAVIGATION.

Barge in tow-Licensed lighterman-Thames
Watermen and Lightermen Act.-Barges in tow
of a steam tug in the river Thames are being
"worked or navigated" within the meaning of
the Thames Watermen and Lightermen Act 1859
(22 & 23 Vict. c. 33), sect. 66, and must under
that section have a licensed lighterman on board
and in charge. (C. P. Div.) Elmore and
another v. Hunter

TIME POLICY.

See Marine Insurance, No. 23, 24.

TOTAL LOSS.

See Collision, No. 39-Marine Insurance,
Nos. 13, 14, 25, 26.

TOWAGE.

See Salvage, No. 32.

TRANSFER OF SHIP.
See Sale of Ship, Nos. 4, 5.

TRANSPORT.

See Salvage, Nos. 18, 33.
TRESPASS TO REALTY.
See Damage, Nos. 1, 2.
TRINITY OUTPORT.
See Collision, No. 7.
UNSEAWORTHINESS.

See Carriage of Goods, No. 6, 22, 23-Charter-
party, No. 22-Marine Insurance, Nos. 21,
31.

555

UNSEAWORTHY SHIPS.

1. Merchant Shipping Act 1873, sect. 12-Complaint-Wording of. It is not necessary that the complaint, made to the Board of Trade as to the condition of a ship under sect. 12 of the Merchant Shipping Act 1873 (36 & 37 Vict. o. 85), should state that the ship "cannot proceed to sea without serious danger to human life," but it is sufficient if by reasonable inference it can be ascertained from the wording of the complaint that this in fact is the case. Neither is it necessary that the report made upon a survey ordered by the Board should so state, but it is sufficient if it can be ascertained by reasonable inference therefrom that this is in fact the case (a) (C. P.) Div.) Lewis v. Gray

..page 136 2. Merchant Shipping Act 1873-Detention of ship -Survey-Reasonable time.-Semble, that if the first survey held by the Board is unsatisfactory or insufficient, a second survey may be held, but that the Board, cannot upon an order for the detention of a ship for the purpose of holding a survey, justify a detention beyond what is reasonably necessary for that purpose. (C. P. Div.) Id.

VALUES.

See Salvage, No. 19.

VENDOR AND PURCHASER.

See Marine Insurance, No. 13-Sale of goodsStoppage in Transitu.

VIATICUM.

See Wages, No. 4, 7. VICE-ADMIRALTY COURTS. See Collision, Nos. 40, 41.

VOYAGE POLICY. See Marine Insurance, Nos. 23, 29. WAGERING POLICY. See Marine Insurance, No. 30.

WAGES.

1. Allotment note-Owner-Chartered ship-Merchant Shipping Act 1854, sect. 169-Liability of registered owner.-The registered owner of a ship, who charters his ship to a charterer, so that the latter, having the sole use of the ship, finds the stores, pays the crew's wages, does repairs, and appoints the master, the owner only paying insurance on the ship, and having a lien on the cargo and freight for the hire, is not "the owner or any agent, who has authorised the drawing of the note" within the meaning of sect. 169 of the Merchant Shipping Act 1854, so as to be liable at the instance of the wife of a sailor upon an allotment note signed in her favour by the master and her husband. (Q. B. Div.) Meiklereid (app.) v. West (resp.)..

2. County Court Admiralty jurisdiction—Share of fishing adventure-Contract of wages.-A contract that a master mariner shall take a share of a fishing adventure and bear a share of certain disbursements is a contract of wages by the general

136

129

(a) The Merchant Shipping Act 1873, sect. 12 is now repealed by the Merchant Shipping Act 1876, but the latter Act contains in sects. 6 and 12 provisions similar to those contained in scct. 12 of the former Act.-ED.

3. Decree-Wages after action.-A seaman who commences an action in rem for his wages cannot have a decree in that suit for wages or subsistence money after the date ot the commencement of the suit, although retained in the service of the ship by the master; but he will be entitled to an allowance in the way of costs for detention and subsistence money from the commencement of the suit to the date of the decree. (Adm.) The Carolina ...... 141 4. Foreign seamen-Discharge-Passage homeConsul's certificate.-Foreign seamen discharged in Great Britain and recovering wages in a suit against the foreign ship in which they have served are not entitled as of course to their passage money home, but will obtain it when their consul certifies they have gone or are about to go home. Semble, their shipping in another vessel as seamen, even for the voyage home, would disentitle them. (Adm.) The Raffaelluccia

5. Practice Default of appearance-Ship soldWaive of proceedings.-Where a ship has been sold in a cause in which no appearance has been entered, and the proceeds remain in the registry, all preliminary proceedings in a cause of wages may be waived, and the money due paid out of court. (Adm.) The Julina

6. Practice-Claim of foreign consul-Payment—— The court will not pay the money to a foreign consul at his request, but will require the solicitor of the parties to satisfy any claims the consul may have before receiving the money. (Adm.) The Julina

505

264

264

506