Limita barque Genevieve, and the master and crew suing for the loss of their tion of personal effects, brought an action in this division of the High Court liability. of Justice against the Tabor and her freight, claiming damages in respect of the said collision. The Tabor was arrested, but was released on bail being given. The action came on for trial on the 27th November, 1880, and the Tabor was adjudged alone to blame for the collision. An action was also brought by the owners of the cargo on board the Genevieve, but was by arrangement stayed pending the aforesaid action. 7. The plaintiffs admit that the said collision was caused by the improper navigation of the Tabor. 8. The claims in respect of the loss of the Genevieve, and of goods, merchandise, and other things on board her at the time of the happening of the said collision, will exceed the aggregate amount of £8 per ton on the registered tonnage of the Tabor. 9. The sum of £8 per ton on the registered tonnage of the Tabor, after deducting crew space as aforesaid, is £10,246. The plaintiffs submit to pay into Court or give bail for this sum, with interest thereon at the rate of £4 per cent. per annum, from the date of collision until payment. The plaintiffs claim 1. That it may be declared that they and the ship Tabor are not answerable in damages in account of the said collision in respect of loss or damage to ship's boats, goods, and merchandise, or other things, to an aggregate amount exceeding £8 for each ton of the registered tonnage of the Tabor, calculated as aforesaid. 2. That it may be declared that this amount is the sum of £10,246. 3. That upon payment being made or bail given for the said sum of £10,246, with interest thereon at the rate of £4 per cent. per annum from the date of the collision, the defendants, the owners of the cargo, may be restrained by injunction from prosecuting any action for damages arising out of the said collision against the plaintiffs or the Tabor, and that all further proceedings in the said actions may be stayed. 4. That proper directions may be given by the Court for ascertaining the persons who have any claim in respect of loss or damage to ship's boats, goods, and merchandise, or other things occasioned by the said collision, and that proper directions may be given for the exclusion of any claimants who shall not come in within a time to be fixed for the purpose. 5. That the plaintiffs may have such further and other relief as the nature of the case may require. Delivered the solicitors for the plaintiff's. day of 188, by P. and Co., of (Title.) Statement of Defence of the owners of the Genevieve. The defendants do not admit the truth of the allegations contained in paragraphs 4, 5, and 9 of the statement of claim, except so far as (Title.) Statement of Defence on behalf of the owners of the cargo of the Genevieve. 1. The defendants do not admit the truth of the allegations contained in paragraphs 4 and 5 of the statement of claim. 2. The defendants do not admit that the sum of £10,246 represents the aggregate amount of £8 for each ton of the registered tonnage of the Tabor. 3. The defendants submit that if the plaintiffs establish their right to the relief prayed, they ought not to have such relief save upon the terms of paying to the defendants their costs incurred in the action mentioned in paragraph 6 of the statement of claim, and numbered 1880. O. No. 133. The plaintiffs join issue upon the statement of defence of the owners of the Genevieve and the owners of the cargo of the Genevieve respectively. Delivered this day of solicitors for the plaintiffs. 188, by P. and Co., of Limita tion of liability. 17. PARAGRAPH IN STATEMENT OF DEFENCE IN ACTION OF DAMAGE CLAIMING LIMITATION OF LIABILITY UNDER S. 54, M. S. A., 1862. The defendants further say that the matters complained of [if any such occurred, and if the defendants are liable for them, which they deny on the grounds hereinbefore stated] constituted a loss or damage by reason of the improper navigation of the said ship T., and the defendants say that the same occurred without the actual fault or privity of the defendants, and that the gross tonnage of the said ship amounted to tons and no more, and the defendants claim that they are not liable in any event in respect of the premises to an aggregate amount exceeding £8 per ton of the said tons. [The portion in brackets must be omitted if the improper navigation is admitted.] 18. CLAIM OF LIMITATION OF LIABILITY UNDER M. S. A., 1862, BY Statement of Defence and Counterclaim. 1. The defendants in the said original action admit the statements Limita contained in the statement of claim, and that the said collision was tion of occasioned by improper navigation of the said steamship or vessel C., liability. and by way of counterclaim the said defendants say as follows: 2. The said defendants were before and at the time of the said collision the owners of the said steamship C., which is a duly registered British steamship. was 3. On the 27th June, 1876, another action, numbered commenced against the said steamship C. by the said owners of cargo laden on board the said barque, and in the statement of claim mentioned, to recover damages for the loss of the said cargo in the said collision, and such action has by order of the Court been consolidated herewith. 4. No other action save as aforesaid has yet been brought against the said defendants or the said steamship C. or her freight in respect of the said collision, but the defendants apprehend other claims in respect of a damage to goods, merchandise, and other things on board the said barque T., and also in respect of loss of life and personal injury caused to persons on board of and carried in the said barque T. at the time of the said collision. 5. The said collision took place without the actual fault or privity of the said defendants, or either or any of them, and the said defendants submit that they are entitled to the benefit of the provisions of the Merchant Shipping Act, 1854, and the Merchant Shipping Acts Amendment Act, 1862, for limiting their liability in respect of the said collision. 6. The gross tonnage of the said steamship C., without deduction on account of the engine room, is tons. 7. The said defendants are willing, and they hereby offer, to pay in such manner as the Court shall direct the amount to which they are liable in respect of the said collision, regard being had to the provisions of the Merchant Shipping Act, 1854, and the Merchant Shipping Acts Amendment Act, 1862. The said defendants claim : 1. A declaration that the defendants are not answerable in respect of loss of life or personal injury caused by the said collision, together with loss or damage to ship's boats, goods, merchandise, or other things to an aggregate amount exceeding £15 for each ton of the gross tonnage of the said steamship C., without deduction on account of the engine room, nor in respect of loss or damage to ship's goods, merchandise, or other things on board the said barque T., caused by the said collision, to an aggregate amount exceeding £8 for each ton of the gross tonnage of the said steamship C., without deduction on account of the engine room. 2. That the said defendants may be at liberty to give bail for such an aggregate amount and for such interest as the Court may think fit to award. and 3. That upon the filing of the bail bond all further proceedings in the said actions, numbered respectively, may be stayed, and the respective plaintiffs in the said actions, and all and every other person and persons claiming in respect of damage or loss to the said barque T., or to her boats, or to any goods, merchandise or other things on board her, or in respect of loss of life or personal Limita tion of from bringing any other action or actions in respect of these liability. said losses or injuries. 4. That all proper directions may be given by the Court for 5. That the amount of the said defendants' liability may be 6. Such further and other relief as the nature of the case may 19. PARAGRAPH IN STATEMENT OF DEFENCE IN ACTION OF DAMAGE The defendants (further) say that at the time of the alleged collision between the said ships A. and B., the A. was (as hereinbefore mentioned) by compulsion of law in charge of a pilot duly licensed for the district in which the said ship was at the time of the said collision in the act of being navigated, and that the damage proceeded for [if caused by the negligent navigation of the ship A., which the defendants deny on the grounds hereinbefore stated] was caused solely by the negligence of the said pilot who was in sole charge of the said ship, and not by any default, negligence, or want of proper care on the part of the A., her owners, master or crew, and that the defendants are not liable for the said alleged damage. [If the negligence of the pilot is alone relied upon, the portion in brackets must be omitted.] 20. PARAGRAPH IN STATEMENT OF DEFENCE IN ACTION OF SALVAGE (Title.) [State the material facts and conclude as follows:-] 7. The said sum of £ was not a reasonable amount for the services to be rendered by the T., but was an exorbitantly excessive amount for such services, and the master of the T. in procuring the master of the M. (the salved ship) to sign the said agreement, took undue advantage of the position in which the master of the M. was placed; and the defendants further say that the master of the M. had not any authority to enter into the said agreement on behalf of the defendants, and that the said agreement was extorted and improperly obtained from the master of the M., and is wholly unjust and inequitable, and is not binding on the defendants. 8. The defendants are ready and willing to pay to the plaintiffs such reasonable amount for their services as the Court may think just. [A reasonable sum should be tendered by the defendants to the plaintiffs in such a case.] Petition on protest. 21. PETITION ON PROTEST. (Title as in ordinary Actions.) A. and B., the solicitors for the defendants, say as follows:1. The plaintiff and the defendants are subjects of his Majesty the King of Greece, and are resident within the Kingdom of Greece 2. The defendants are the owners of the ship or vessel Evangelistria, which is a Greek vessel belonging to the port of Syra, in Greeee. 3. On or about the 4th of October, 1874, at Syra aforesaid, by a certain agreement or instrument of mortgage which was made at Syra aforesaid, the said vessel was mortgaged by the defendants to the plaintiff to secure repayment to the plaintiff of the sum of 54,450 drachmas, together with interest at the rate specified in the said agreement. 4. The said sum, as will appear in reference to the said agreement, was advanced, as to one third thereof, for a period of two years from the date of the said agreement, and it was a further condition of the said agreement that even in case of default in payment of either interest or principal, the said ship should be brought by the plaintiff to Syra, to be there sold or otherwise dealt with. No default has been made in payment of interest pursuant to the said agreement, and no part of the said principal sum is due and payable. 5. The Evangelistria lately arrived at the port of Swansea, laden with a cargo of grain from Lagos, and is now lying at the said port of Swansea. 6. On or about the 10th day of May, 1876, the Evangelistria was arrested in a suit for necessaries, instituted in this Honourable Court by one John Petters. 7. The said necessaries, in respect of which the said suit was instituted, were supplied to the Evangelistria at Syra aforesaid whilst the said ship was building there. On her completion she was registered as a Greek ship, and has since continued so registered. The present plaintiff appeared under protest in the said suit, and has since filed a petition on protest, praying the Court to pronounce against its jurisdiction, on the ground that the claim of the plaintiff in that suit is not a claim for necessaries within the meaning of 3 & 4 Vict. c. 65, s. 6, or 24 Vict. c. 10, s. 5. 8. The present suit was commenced by writ dated the 17th of May, 1876, after the said ship had been arrested in the said suit for necessaries. The endorsement on the said writ is in the words and figures following: "The plaintiff claims to be the sole owner or mortgagee of the ship Evangelistria, of the port of Syra, in Greece, and to be entitled to |