ment ship, ordered by Government to render salvage assistance, have no right to make any agreement with the master of the distressed vessel as to the amount of their reward. (Ct. of App.) Id............... ..page 50, 239 5. Apportionment Agreement-Further servicesPersons entitled to share.-When persons agree to render a salvage service and to apportion the salvage in a particular way, and, whilst such services are being performed, further salvage services are rendered, not contemplated by the agreement, the whole body of salvors are entitled to share in the reward, and not only those actually engaged in the further salvage operations. (Adm.) The Cadiz and The Boyne 6. Apportionment-Custom-Greater risk—Greater reward.-Where there was a custom to share in salvage awards in a particular manner according to the ratings of the salvors on board their ship, but some of the salving crew had exposed themselves to much greater risks than the rest, the court gave them a larger share on equitable principles. (Adm.) The Sarah

332

542

7. Board of Trade vessels-Right to salvage-Public harbour "Her Majesty's ships" Merchant Shipping Act 1854.-The Board of Trade can claim salvage in respect of services rendered by vessels employed by them for commercial purposes in and about a public harbour, the property in which is vested in the Board of Trade. The expressions ships belonging to Her Majesty," and "Her Majesty's ships," in sects. 484, 485 of the Merchant Shipping Act 1854, are used in their ordinary sense, and apply only to vessels in the Royal Navy, and, semble, those belonging to the public service of a dependency of the British Crown. (Adm. and Ct. of App.) The Cybele 478, 532 8. County Court Admiralty jurisdiction-Property salved under £1000-Amount claimed under £300.-A County Court having Admiralty jurisdiction under the County Courts Admiralty Jurisdiction Act 1868, has jurisdiction under sect. 3, in claims for salvage wherein the property salved does not exceed £1000, or in the alternative where the amount claimed does not exceed £300. (Adm.) The Glannibanta....

...

...

9. County Court Admiralty jurisdiction-Distribution of salvage Amount recovered without action. Where a sum of money under £300 has been paid for salvage services rendered, a County Court having Admiralty jurisdiction has jurisdiction, in an action for distribution in case of dispute between the salvors, to apportion such sum among the salvors, although such sum has been recovered by agreement with the owners of the salved property and without action brought in the County Court. (Adm.) Id. 10. Derelict. Wreck · Drifting barge - Merchant Shipping Act 1854.-A laden barge accidentally breaking loose from her moorings in the river Thames, and drifting about with no one on board, is not derelict, and consequently not "wreck" within the meaning of the Merchant Shipping Act 1854 (17 & 18 Vict. c. 104), and persons finding her and mooring her in safety are not precluded from recovering salvage for so doing by reason of their neglecting to comply with the provisions of the 450th section of the above Act, and deliver the barge to the receiver of wreck. (Adm.) The Zeta 11. Engagement to render assistance-Lying by ship -Right to reward-Service completed by another ship. Where a ship is engaged to render assist

.........

339

339

73

12. Government ship-Bombay Government-Services of ship-Merchant Shipping Act 1854Leave to proceed.-A vessel owned by the Bombay Government, and manned by uncovenanted servants of that Government, whose officers carry no Queen's commission, is a ship belonging to Her Majesty," within the meaning of the Merchant Shipping Act 1854, and no salvage reward is recoverable in respect of services rendered by such a vessel, and it is necessary for her officers and crew to obtain the consent of the Lords of the Admiralty in writing before bringing an action for salvage. (Adm. and Ct. of App.) Cargo ex Woosung

50, 239

13. Lien on cargo-Employment by master-Lia. bility of holder of bill of lading.-A person who is by the master of a stranded ship placed in possession of ship and cargo for the purpose of saving the cargo, and who saves the cargo by his exertions, has a lien upon the cargo for his charges, which are in the nature of particular average on the cargo, and the holder of the bill of lading, whose agent induces such person to deliver up the cargo on a promise to pay such charges, is liable for them. (Q. B. Div.) Hingston v. Wendt

14. Life salvage-Cargo-Liability to contributeMerchant Shipping Act 1854.-Where life salvage is performed, cargo, subsequently salved from the same vessel as the lives, but by persons wholly distinct from the life salvors, is liable to contribute towards the payment of the reward due to the life salvors under the provisions of the Merchant Shipping Act 1854, sect. 458. (Adm. Div.) Cargo ex Schiller

15. Life salvage-Cargo subsequently salved-Contribution-Merchant Shipping Act 1854.-Where life salvage is performed, cargo, subsequently salved from the same vessel as the lives, but by persons employed by the owners for the purpose and wholly distinct from the life salvors, is liable to contribute towards the reward due to the life salvors under the provisions of the Merchant Shipping Act 1854, sects. 458, 459. (Ct. of App.) Cargo ex Schiller

126

226

438

16. Life salvage-Cargo saved-Ship lost-Liability to contribute.-Where lives and cargo have been salved from a ship, but the ship has been totally lost, the owners of the cargo are liable to pay salvage in respect of the lives, and the owners of the lost ship are not liable to contribute to such payment. Life salvage awards can only be made out of the res salved, and not against owners of a ship personally. (Adm.) Specie ex Sarpedon 509 17. Life salvage-Persons wrecked and ashore.— There is no salvage of life entitling a ship to recover reward in the Admiralty Court where the ship takes off from an island on a barbarous but inhabited coast a ship's crew and passengers who have been wrecked there, but have been previously got ashore in safety, and who, although suffering from want of water and exposure, are in no immediate danger. (Adm.) Cargo ex Woosung 50

.........

........page Evidence.

18. Naval officer commanding on station-Transport officer-Right to share.-The senior naval officer on a station sending out of harbour a transport with her own crew and a number of men from one of Her Majesty's ships, for the purpose of rendering assistance to and towing into harbour a ship in distress, is entitled to share in the sum awarded for the service, and the naval officer (being also the transport officer of the station) who commands the men from H. M.'s ship is to be considered so far in charge of the whole expedition that he is entitled to reward in that capacity. (Adm.) The Nile 19. Practice - Affidavits of valueWhere, in a salvage action, defendants have filed affidavits of value of their ship, freight, and cargo, which values have been accepted and agreed to by the plaintiffs, the defendants will not be allowed at the hearing to give evidence to decrease the values. (Adm.) The Hanna 20. Practice-Appeal-Costs.-A successful appellant in a cause of salvage will get his costs of appeal, following the ordinary custom of the Court of Appeal, notwithstanding the former practice in the Privy Council, in such appeals, to the contrary. (Ct. of App. from Adm.) The City of Berlin

21. Practice - Costs Separate actions.-Where separate salvage suits have been unnecessarily prosecuted, the court will only allow one set of costs, and direct the amount allowed to be distributed rateably amongst the plaintiffs in the separate suits. (Adm.) The Sarah

22. Practice Appeal-Tender under £50-Amount decreed or ordered-County Courts AdmiraltyJurisdiction Act 1868 (31 & 32 Vict. c. 71).—No appeal lies from the decision of a County Court in a salvage cause where there is a tender of less than £50, and that tender is upheld, the amount tendered being the amount "decreed or ordered " within the County Courts Admiralty Jurisdiction Act 1868 (31 & 32 Vict. c. 71), s. 31. (Adm. Div.) The Fyenoord......

23. Practice - Appeal — Increase of award.--The Court of Appeal will increase the amount of a salvage award, if in their opinion, considering the value of the property salved and of the salving vessel, the award of the court below is insufficient. (Ct. of App. from Adm.) The City of Berlin

24. Practice-Apportionment —Agreement.-Where salvors have entered into an agreement as to the apportionment of salvage, which in the opinion of the court is equitable, and not obtained by coercion, the court will uphold the agreement and apportion the salvage awarded in accordance therewith. (Adm.) The James Armstrong 25. Practice Arrest-Demurrage-Damages and costs-Bona fide action.-Defendants in a salvage suit have no right to recover damages for demurrage against plaintiffs, who, having bonâ fide and through mere error of judgment arrested the defendant's vessel, and carried on the suit to recover reward for their alleged salvage services, are held to have performed no salvage, but mere towage services. (P. C.) The Strathnaven 26. Practice-Judgment debts-Interest-Costs.Since the incorporation of the High Court of Admiralty in the High Court of Justice, an award of salvage is a judgment debt, and as such bears interest from the date of entry of judgment, the taxed costs bearing interest from the date of signing of the allocatur. (Adm.) The Jones Brothers

27. Practice-Pleading-Information leading to employment.-A paragraph in a statement of claim for salvage stating that by rendering the salvage service the salving vessel had been prevented from obtaining information which would have resulted in profitable employment, ordered to be struck out. (Adm.) The Cybele......page 478 28. Practice-Salvage suit-Towage service-Decree. -In a salvage suit, in which there has been no tender made by the defendants, a Court of Admiralty cannot, on finding that no salvage service has been performed by the plaintiffs, and their services were mere towage, make a decree for the amount of towage due to the plaintiffs. (P. C.) The Strathnaver

29. Practice-Variation of decree - Mistake in values-Reduction of amount awarded.-Where the Admiralty Court has made a decree awarding salvage upon values furnished by the respective owners of the ship, freight, and cargo, and accepted by the salvors, and afterwards it is discovered by the owner of cargo that he has been ordered to pay upon the value of the cargo without deducting the freight due upon delivery, the court has power to, and will if it sees fit, reduce the amount of salvage, and vary the proportions payable by the respective owners. (Adm.) The James Armstrong

30. Services-Carrying information of loss.-Carrying information to a vessel which enables her to render a salvage service is itself a service in the nature of salvage, and will be rewarded accordingly. (Adm.) The Sarah

31. Services-Providing navigation-Infected ship. -The loan of a navigator to a vessel in distress by reason of her own navigators being incapacitated by an infectious disease, is a salvage service on the part of the ship lending the navigator. It is a salvage service of a very high order on the part of a salvor to go on board an infected vessel and navigate her. (Adm.) The Skiblander

32. Towage-Definition of salvage.-Towage services (as distinguished from salvage services) are work done by one vessel in towing another to expedite her voyage, where nothing more is required than the accelerating her progress; and where a vessel is in neither actual nor imminent probable danger, another vessel engaged to tow her renders towage and not salvage services. (P.C.) The Strathnaven

33. Transport-Government charter-Right to salvage.-A ship chartered to Government as a transport under a charter-party in the ordinary form used by Government for chartering ships in time of war, is not demised to the Government in a way which deprives her owners of the right to salvage reward for services rendered by her under the directions of the Queen's naval officers commanding at the place where she is stationed. (Adm.) The Nile

SEAMEN.

See Protection of Seamen-Wages-Wrongful

Dismissal.

SEA TRANSIT.

See Carriage of Goods, No. 20.

SEAWORTHINESS.

See Carriage of Goods, Nos. 6, 7, 22, 23Charter-party, No. 22-Marine Insurance, Nos. 21, 24, 31.

113

46

542

556

113

11

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.

.........

3. Claim for account and sale-Mortgagee's right.— Where a part owner of a 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 a ship the subject of a co-ownership action pendente lite. (Adm.) The Horlock 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

421

19

421

shares therein claiming possession and an account against the managing owner, and the latter makes default in appearing, the court will order such managing owner to be joined as a defendant, so that his accounts may be investigated, and will give possession to the plaintiffs if they hold a majority of shares; but will not order, before the reference, a sale of the defendant's shares to satisfy the plaintiffs' costs and any sum found due at the reference. (Adm.) The Native Pearl

66

..page 515

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 a charter-party of which the owner knew nothing. Fraser v. March (13 East, 238) distinguished. (C. P. Div.) Steel v. Lester and Lilee 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 rights of stoppage in transitu, and it
makes no difference that no part of the considera-
tion for the transfer arose out of such 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. 22.

...page 887

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.

UNSEAWORTHY SHIPS.

1. Merchant Shipping Act 1873, sect. 12-Com-
plaint-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 Mer-
chant Shipping Act 1873 (36 & 37 Vict. c. 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 neces-
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

sary

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 reason-
ably necessary for that purpose. (C. P. Div.)
Id.

VALUES.

See Salvage, No. 19.

VENDOR AND PURCHASER.

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

VIATICUM.

See Wages, Nos. 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-Mer-
chant 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 insur-
ance 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 draw-
ing 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 dis-
bursements is a contract of wages by the general

136

129

(a) The Merchant Shipping Act 1873, sect. 12 is now re-
pealed by the Merchant Shipping Act 1876, but the latter Act
contains in sects, 6 and 12 provisions similar to those con.
tained in sect. 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 of 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
4. Foreign seamen-Discharge-Passage home-
Consuls' 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 certi-
fies they have gone or are about to go home.
Semble, their shipping in another vessel as sea-
men, even for the voyage home, would disentitle
them. (Adm.) The Raffaelluccia

141

505

5. Practice--Default of appearance-Ship sold-
Waive 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
264
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
264

7. Practice-Foreign ship-Arrest-Bottomry action
-Default of appearance-Payment by bondholder.
-When a foreign ship is under arrest, and no ap-
pearance is entered for her, the court will allow
the payment of wages and viaticum out of freight
in the hands of a plaintiff in a bottomry suit, and
order the discharge of the crew, although there is
no suit instituted for their wages. (Adm.) The
506
Bridgwater

See Master's Wages and Disbursements.

WARRANT.

See Carriage of Goods, Nos. 6, 23-Charter-party,
Nos. 22, 24-Marine Insurance, Nos. 21, 31--Sale
of Goods, No. 4.

WHARF.

See Navigable River.

WHARFINGER.

See Stoppage in Transitu, No. 4.

WINDING-UP.

See Master's Wages and Disbursements, No. 2.

WORKING DAYS.

See Charter-party, No. 12.

WRECK.

Removal of wreck-Harbours, Docks, and Piers Clauses
Act-Owner-Insurer.-Where a harbour master