and rank therefore before mortgagees who have a prior claim only to those who have supplied necessaries to British ships. And though the person who supplies necessaries to foreign ships ranks only before a mortgagee, yet claimants in respect of pilotage, towage, and dock dues, or who have supplied money to defray such charges incurred for the purpose of bringing a ship into port, will rank before the holder of a previous hond.1 If a master is part-owner of a ship, his claim for wages Wages. and disbursements, contrary to the general rule, will rank after that of one who has supplied necessaries, though still in priority to that of a mortgagee.3 It must also be pointed out that where the claims of seamen and a master conflict with each other, those of the former have priority over those of the latter. If a fund in Court is insufficient to pay each of several claimants, who stand on an equal footing, in full, their claims will be satisfied pro rata. But, if one has actually obtained a judgment before the others, their claims will be postponed until his judgment is satisfied." ling assets. It is also the practice of the Court, in order as far as Marshalpossible to do justice to rival claimants, to marshal the assets when this can be done without violating any of the primary rules as to the order of claims which have already been mentioned. Thus, where a master had bound the ship, freight, and cargo, and also himself, by a bottomry bond, and he ultimately brought an action against the ship for his wages, and the holder of the bond one against ship, freight, and cargo, the Court ordered the master to be paid out of the 1 The St. Lawrence, 49 L. J. Ad. 82: and see The Dowthorpe, 2 W. Rob. 73. 6 The Jenny Lind, L. R. 3 Ad. 529; 41 L. J. Ad. 63. The Feronia, L. R. 2 Ad. 65; 37 L. J. Ad. 60. The Salacia, Lush. 545. The Desdemona, Swa. 158; The Saracen, 2 W. Rob. 451. The Priscilla, Lush. 1; 1 L. T. N. S. 272; The Mary Ann, 9 Jur. 94. proceeds of the ship, and left the bondholder to obtain. payment from the freight and cargo. Thereby both claimants were paid, which would not have happened if the bondholder had been allowed to exercise his rights against the ship.1 1 The Eugenie, L. R. 4 Ad. 123; 29 L. T. N. S. 31 CHAPTER XI.* INFERIOR COURTS OF ADMIRALTY, AND APPEALS THEREFROM. SECTION I. The County Courts. or tion en tirely THE Admiralty jurisdiction of the County Courts is Jurisdic- Merchant First. In the event of an injury having been in any part Under the of the world caused by a foreign ship to British property, Shipping it is competent for the judge of any Court of record in Acts. the United Kingdom (which includes a County Court), Damage. upon its being shown to him by any person applying summarily that such injury was probably caused by the misconduct or want of skill of the master or crew, to direct the vessel to be detained until satisfaction is made for the alleged wrong, or security is given to abide the event of a legal proceeding in respect of it. To establish the jurisdiction the offending vessel must be found in a 1 But now by 31 & 32 Vict. c. 71, s. 5, no County Court, except those appointed by Order in Council, is to have jurisdiction in Admiralty. * This Chapter was, in the first edition, chiefly the work of James Williams, Esq., Barrister-at-Law, of the Northern Circuit. Salvage. Allotment notes. Under the County Courts Admiralty Jurisdic tion Acts. port or river of the United Kingdom or within three miles of the coast thereof.1 Second. The jurisdiction in salvage cases conferred by Part VIII. of the Merchant Shipping Act, 1854, upon two justices is extended to all cases in which the value of the property does not exceed £1000, and is given to a County Court judge.2 Third. The jurisdiction over allotment notes of seamen's wages, exercised in a summary manner by justices, may be exercised by a County Court.3 But the County Courts Admiralty Jurisdiction Act, 1868, amended and extended in 1869, gave the County Courts their real Admiralty jurisdiction. These Acts apply, however, only to certain County Courts, defined by Order in Council," while the two Merchant Shipping Acts were, until the Act of 1868, perfectly general in their application. The effect of the latter Act is to leave the jurisdiction under the Merchant Shipping Acts untouched, as far as regards County Courts having Admiralty jurisdiction under that Act, but to confine its exercise to such Courts. The jurisdiction of the County Courts under the recent Acts is both in rem and in personum, but is limited by— 17 & 18 Vict. c. 104, ss. 527-529. S. 527 is confined to damage to property, and does not extend to injuries to the person: Harris v. Owners of The Franconia, L. R. 2 C. P. D. 173; 46 L. J. C. P. 363. And as to detention, see also 31 & 32 Vict. c. 71, s. 22. 225 & 26 Vict. c. 63, s. 49. Under this Act the judge sits as an arbitrator. The fact of there being a sum agreed does not oust the jurisdiction of the County Court judge, if the sum seem to him not a reasonable amount: Beadnell v. Beeson, L. R. 3 Q. B. 439; 37 L. J. Q. B. 173. The practice under 25 & 26 Vict. c. 63, s. 49, is regulated by the County Court Rules, 1875, Ord. xl., superseding r. 276 of the old Common Law Rules. The proceedings are commenced by entering a plaint and issuing a summons thereon (S. C.). For the jurisdiction of justices in such cases, see infra. 3 17 & 18 Vict. c. 104, s. 169. For the jurisdiction of justices in wages, see infra. 4 31 & 32 Vict. c. 71. 5 32 & 33 Vict. c. 51. 6 Order of Jan. 14, 1869. 7 32 & 33 Vict. c. 51, s. 3. If it is advisable that an action should be tried in the High Court, 1st. The amount claimed, or (in salvage claims) the value of the property saved; 2nd. The nature of the claim; 3rd. The place in which the cause of action arose. By the Act of 1868 the jurisdiction of a County Court (1) As to having Admiralty jurisdiction was confined to .1 (a) Any claim for salvage in which the value of the (d) Any such claim as aforesaid, where the limit of 4 The Act of 1869 extended this jurisdiction to (e) Any claim for damage to a ship, whether by though within the County Court limits, as on the ground that a commission abroad is required, leave can be obtained to issue the writ in the High Court, 31 & 32 Vict. c. 71, s. 9: Ellis v. General Steam Navigation Co., 38 L. T. N. S. 570; The Bengal, 21 L. T. N. S. 727; 3 Asp. Mar. Ca. O. S. 316. 1 A County Court can entertain a suit for distribution of salvage where the amount which the Court is asked to apportion does not exceed 300l., though the value of the property saved exceeds 10007. : The Glannibanta, L. R. 2 Ad. 45; 36 L. T. 27. 2 In a cause of necessaries, in order to deprive a County Court of the Admiralty jurisdiction given to it, it must be shown to the Court before it pronounces judgment that the owner is domiciled in England: Ex parte Michael, L. R. 7 Q. B. 658; 41 L. J. Q. B. 349; 26 L. T. N. S. 871; Allen v. Garbutt, L. R. 6 C. L. 165; 50 L. J. C. L. 141. 3 A claim for wages may include one for wrongful dismissal. The Blessing, L. R. 3 Ad. D. 35; 38 L. T. N. S. 259; but disbursements cannot be sued for: The Dictator, 38 L. T. N. S. 946; 4 Mar. L. C. N. S. 19. 4 By r. 38 of the Rules under the County Courts Admiralty Jurisdiction Act, 1868, a consent in writing, signed by the solicitors in a suit, might, by permission of the registrar, be filed, and become an order of Court. The County Court Rules, 1875, contain no such provision. 5 31 & 32 Vict. c. 71, s. 3. amount claimed. |