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As between two or more bottomry bondholders the
2. One bottomry creditor was secured on the ship and freight,
§ 85. Law of flag
The validity of a bottomry bond, given by a shipmaster governs as to in a foreign port, will be governed by the law of the validity.
flag (8), i. e., the law of the country to which the ship
From this it follows that a bond, given by the master,
(p) The Trident, i W. Rob. 29, 35; see “Cases" (2) at end of
(8) The Karnak, L. R., 2 P. C. 505; The Gaetano and Maria, 7 P. D. 1, 137 (C. A.); 51 L. J., P. 67; 46 L. T. 835; 30 W. R. 766.
(1) The Rhadamanthe, 1 Dods. A. R. 201.
(r) The Trident, 1 W. Rob. 29, 35.
condition imposed by English law as essential to the validity of the bond not having been complied with (t). With respect to the validity of a bottomry bond, as in Foreign
judgment. other cases, the judgment in rem of a foreign competent court is conclusive. Any hypothecation made by an agent of such a court, will be valid in the absence of fraud or manifest mistake (u).
(t) The Gaetano and Maria, supra. (u) Messina v. Petrocochino, L. R.,
4 P. C. 144; Dent v. Smith, L. R.,
NECESSARIES AND RANK OF LIENS INTER SE.
Material man's lien.
Actions for repairs and necessaries are generally within
Where the amount claimed for necessaries supplied does not exceed 1501., or where the parties consent, the action can be tried in a county court (e). The county court, of course, has no greater jurisdiction than the High Court,
Admiralty jurisdictionas to.
(a) See p. 148, § 87.
(6) Raitt v. Mitchell, 4 Camp. 146; Ex parte Shank, 1 Atk. 234.
(c) 24 Vict. c. 10, s. 4 (The Ad-
(d) 24 Vict. c. 10, s. 5.
and therefore cannot try an action for necessaries supplied to a British ship, whose owners are domiciled in England or Wales (f). Where a “necessaries" action in a county
" court has proceeded to judgment, by which a sale of the ship is ordered, and subsequently a material man, having a possessory lien on the ship, commences a second action in the High Court, and where the material man has entered an appearance to the action in the county court, the sale will be stayed and the county court action transferred to the High Court, on the application of the material man (g).
With respect to necessaries supplied in British possessions abroad, the Vice-Admiralty Court of the district can hear the case, provided no owner or co-owner is domiciled within the British possession (h).
The term “necessaries" will include every article “Necessasupplied, which is suitable or necessary for the ship to included. prosecute her voyage (i). For instance, coals, or a screw propeller, will fall under the term (k). So pilotage, towage, cables, anchors, light dues, broker's charges for entering and reporting, and for insurances of freight, are comprised in the term (1). Again, money expended in maintaining the crew (m), but not money advanced to pay averages, falls within its scope (n).
A ship cannot be arrested in an action of necessaries Effect of a after it is sold, though the purchaser had notice of the sale on lien of
material material man's claim (0). On the other hand, the posses- man. sory lien of material men will not be determined by the
(f) Allen v. Garbutt, 6 Q. B. D. L. R., 3 A. & E. 516. 165; 50 L. J., Q. B. 141; 29 (k) The West Friesland, Swa. 454; W. R. 287; The Dourse, L. R., 3 The Hecla, i Spk. 441. A. & E. 135; but see The Alina, 5 (1) The Riga, L. R., 3 A. & E. Ex. D. 227 ; 49 L. J., P. 40 (C. A.). 516; The S. Laurence, 5 P. D. 250.
(9) The Immacolata Concezzione, (m) The Bonne Amélie, L. R., 1 47 L. T. 388.
A. & E. 19. (1) 26 Vict. c. 24, s. 10; 30 & 31 (n) The Aaltje Willemina, L. R., Vict. c. 45.
1 A. & E. 107. (i) The Sophie, 1 W. Rob. 368 ; (o) The Aneroid, 47 L, J., Ad. The Alexander, ib. 288; Mackintosh 16. V. Mitcheson, 4 Ex. 175; The Riga,
arrest of the ship by warrant of the Admiralty Court in
A maritime lien does not include or require possession, but will travel with the res into whosoever's possession it may pass. The lien, when carried into effect by a proceeding in rem, relates back to the period when it first attached. Therefore a ship, solely to blame in respect of a collision, will still be liable for the damage occasioned thereby, though she has been transferred to a purchaser without notice of the collision or of the legal proceedings (2).
The various maritime liens and charges will rank in the following order :
Their rank inter se.
I. Lien for Damage.
This lien, which arises in cases of collision, will have priority over all other liens, though prior in date (»).
In the case of there being two successive collisions with the same ship, the lien of the owners of the ship injured by the first collision will have precedence over the lien of the ship injured by the second collision: for in such cases the maxim qui prior in tempore potior est in jure will be applied.
II. Liens for Seamen's Wages.
But such liens will not have priority over subsequent salvage (s).
(p) The Acacia, 42 L. T. 264Ir. Adm.
(9) The Bold Buccleugh, 7 Moo. P. C. 267.
(9) The Aline, 1 W. Rob. 111; The Bold Buccleugh, 7 Moo. P. C. 267; The Benares, 7 Not. of Cas. 50, suppl. ; The Linda Flor, Swa.
309; The Elin, 51 L. J., P. 77;
(8) The Madona d'Idra, 1 Dods.