case of a ship at anchor, is cast upon the defend-
ants to shew excuse for the collision. When
one ship is overtaking another, it would rarely
be the duty of the ship that is being overtaken
to warn the other by whistling or exhibiting an
extra light. The Chanonry; and The Lever-
ington, 58

The C. was steered W. by N., and going faster
than the L., which was steered W.N.W. The
night was not dark, and the C. was going at
full speed:-Held, that the C. was overtaking
the L., and that, under the circumstances, the
L. was not bound to whistle or shew a light
over the stern or otherwise. Ibid.

COSTS. See Salvage.

COUNTY COURT JURISDICTION - charter-party :
freight : demurrage: expenses]—-The County
Courts have jurisdiction under the " 'County
Courts Admiralty Jurisdiction Amendment Act,
1869," in rem in suits for freight, demurrage
and expenses and for breach of charter-party,
provided the amount claimed does not exceed
300l. Gaudet v. Brown-The Cargo ex Argos;
the Hewsons (P.C.), 1

DAMAGE by collision: immunity from arrest: ship
belonging to the Khedive of Egypt: evidence]—
The C. belonging to the Khedive of Egypt and
usually employed in carrying mails and passen-
gers, came to England with merchandise and for
repairs. Having completed her repairs, and
while on a trial trip down the Thames she
came into collision with the B. On arrest of
the C. by the owners of the B.,-Held, first,
that his Highness the Khedive is not entitled
to the privileges of a sovereign prince. Se-
condly, that even the privileges of a sovereign
prince would not extend to immunity from
arrest in a suit for damage by collision. Thirdly,
that if the privileges did extend to such an
immunity, they would have been waived in this
case by the employment of the ship at the time
as a trader. The Charkieh, 17
Proceedings in rem may in some cases be insti-
tuted without any violation of international
law, though the owner of the res be in the cate-
gory of persons privileged from personal suit.
Ibid.

Semble, within the ebb and flow of the sea in the
case of salvage, the obligatio ex quasi contractu
attaches jure gentium upon the ship to which
the service has been rendered, and in the case
of collision, the obligatio ex quasi delicto attaches
jure gentium upon the ship which is the wrong-
doer whatever be her character, public or private.
Ibid.

In considering the international status of the
Khedive of Egypt,-Held, that the Court may
enquire into the general history of the govern-
ment of Egypt, the firmans of the Porte and
European treaties concerning the relations
between Egypt and the Porte, and that the Court
may also obtain direct information from the
Foreign Office. Ibid.

staying proceedings in cross cause: personal
action: bail]-The power to stay proceedings
in the principal cause until bail has been given
by the defendants in the cross cause may be
exercised, even though the ship of the defend-
ants in the cross cause has been lost, and the
defendants themselves are foreigners. The
Charkieh, 70

DEMURRAGE. See Freight.

EVIDENCE-International status of foreign prince.
See Damage.

FREIGHT-dangerous cargo: port of discharge:
authority of master: demurrage]—A cargo of
petroleum was shipped in London for Havre, to
be delivered to the order of the shippers, or
their assigns. The bill of lading provided,
"The goods to be taken out within twenty-four
hours after arrival, or pay 10. 10s. a day de-
murrage." On her arrival at Havre the ship
was not allowed to remain in harbour, on ac-
connt of her dangerous cargo, and the master
took her to Honfleur and Trouville, but being
unable to remain in those ports for the same
reason, he returned to Havre, and was allowed
to remain in the outer harbour, where the goods
might have been discharged. No bill of lading
was presented, nor was any request made to
deliver the goods. After waiting four days,
the master carried the goods back to London:
-Held, first, that the freight to Havre had
been earned; secondly, that the master had
authority under the circumstances to carry the
goods back to London; and that the shipowners
were entitled to homeward freight and to ex-
penses at Havre, but not to demurrage or ex-
penses incurred in attempting to enter the ports
of Honfleur and Trouville. The Cargo ex Argos, 49

INTERNATIONAL LAW-Privilege of ship from arrest.
See Damage.

at

MORTGAGE possession: mistake as to title]-G.,sole
owner, mortgaged a ship to B. and died intestate
and insolvent. B. under the power of sale sold
to W., but by mistake endorsed upon the ori-
ginal mortgage a discharge which was recorded
the Custom House. Subsequently, the
registrar refused to register W.'s bill of sale, as
the property in the ship appeared by the
papers to be in G.'s representatives. The
Court, without requiring administration to G.,
ordered possession of the ship to be given to W.
The Rose, 11

NECESSARIES-bottomry: merger: transfer from
county court]-A cause of necessaries was insti
tuted in a County Court, and subsequently trans-
ferred to the High Court of Admiralty. The
petition in the High Court of Admiralty alleged
that a bottomry bond was given as security for
the amount due for necessaries:-Held, first, that
the claim for necessaries merged in the bot