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vessel may be arrested and detained till satisfaction be made, or security given to abide the event of the action, and for costs (t). Again, the Admiralty jurisdiction will extend to a collision occurring between two British ships in foreign waters (u).
Where the ship has been sold in any action in rem, and the amount realized is less than the damages sustained, an action at law can be brought for the balance (x). A public vessel belonging to a foreign state cannot be Immunity of
. arrested, neither can her cargo (y). But this immunity public vessels. will not extend to a ship of a foreign sovereign engaged in trade (ə).
CASES. 1. By a charterparty it was stipulated that a barque should proceed with a cargo of salt from Liverpool to V. and there deliver the same on the freight being paid. By another charterparty with another merchant it was stipulated that the barque should proceed to V. and there load a cargo of deals, to be delivered at G. on payment of the freight. During her outward voyage the barque came into collision and damaged the E. The value of the barque would not cover the claim for the damage. Held, that the barque was at the date of the collision in the course of earning the homeward freight, and that the homeward freight was liable to contributo to satisfy the claim (a).
2. A Scotch steamer ran down an English vessel in the Humber. In an action by the owners of the latter against the owners of the steamer, a warrant of arrest was issued. Before the steamer could be arrested she had sailed for Scotland. An action was then commenced by the English owners in the Scotch courts, for the damage, and the steamer was arrested but subsequently released on bail. Pending these proceedings the steamer was sold, without notice to the purchaser of the claim for damage, and came within the English Admiralty jurisdiction and was again arrested under the
(1) 25 & 26 Vict. c. 63; 24 Vict. c. 10, 8. 7; 17 & 18 Vict. c. 104, ss. 627, 528; and see The Leon, 6 P. D. 148; 50 L. J., P. D. 59; 44 L. T. 613.
(u) The Diana, 32 L. J., Ad. 57.
(.x) Nelson v. Couch, 15 C. B., N. S. 99; The Orient, L. R., 3
P. C. 696.
Cases" (3) at end of this $.
(a) The Orpheus, L. R., 3 A. & E.
process of the English Admiralty Court. An action for damage was then commenced here, the proceedings in the Scotch court being abandoned. Held, that (1) the plea of lis alibi pendens could not be pleaded, and (2) that the steamer was liable for the damage committed by her, though in the hands of a purchaser without notice of the damage or of the institution of the proceedings (6).
3. A war vessel, commissioned by the government of a foreign state and engaged in the national service of her government was stranded on the English coasts. She carried a cargo of machinery, belonging to private persons, of which her government had for public purposes charged itself with the care and protection. Important salvage services were rendered to the ship and her cargo. Held, that the Admiralty Court had no jurisdiction to arrest the ship or cargo in an action by the salvors (c).
$ 92. Persons The registered owners of the vessel responsible for the liable for the collision will be primâ facie liable for the collision. This
rule will apply even though the vessel was let under a charterparty, and the charterers had the entire management of it at the date of the collision, and the collision arose through the act or negligence of their servants (d). But the owners will not be liable for damage caused by the criminal or wilful acts of the master and crew, not within the scope of their authority (e), though they will be for culpable negligence amounting to homicide on the part of the master or crew (f). Besides the owners, the master, pilot, or crew are liable for the consequences of their own negligence (9).
CASES. 1. The Ticonderoga, chartered to the French Government, was towed by a steamer athwart the hawser of the M. The Ticonderoga was bound by her charterparty to obey orders and put herself in
(6) The Bold Buccleugh, 7 Moo. P. C. 267.
(c) The Constitution, 4 P. D. 39.
(d) The Ticonderoga, Swa. 215; see “ Cases” (1) at end of this $ ; The Lemington, 2 Asp. M. C. 475; and see Steel v. Lester, 3 C. P. D. 121.
(c) The Druid, 1 W. Rob. 391; The Ida, Lush. 6; see “Cases" (2) at end of this Ø ; The Thetis, 3 Mar. Cas., 0, S. 357.
(f) The Franconia, 2 P. D. 163; Reg. v. Keyn, 2 Ex. D.63; The Beta, L. R., 2 P. C. 447.
(9) Smith v. l'oss, 2 H. & N. 97
tow of the steamer. Held, that such obligation did not exempt the owners from liability for the damage done; as it arose from a voluntary stipulation entered into by the shipowners themselves (h).
2. The master of a schooner, lying alongside a quay in the Danube, got on board a barque lying outside him, and in order to get the schooner out wilfully cut the barque adrift from her moorings. In consequence of this the barque swung to the stream, and capsized a barge containing part of her cargo. Held, that the act of the master being wilful and out of his province, the owners of the schooner were not liable (i).
$ 93. In the event of a collision between two vessels, the Standing by master or other person in charge of either ship must after collision. render any assistance he can to the other ship, and to her crew and passengers, and also give to the person in charge of the other ship the name of his own vessel and of her port of registry. Should he fail to do so the owners of his ship will be held liable for the collision in the absence of proof to the contrary. Further, for any such default, the certificate of the master may be cancelled or suspended (j). The mere fact of there being a pilot on board will not free the owners from liability (k).
An account of any collision must be entered in the Collision to be official log book as soon as practicable after the occurrence. official log. The entry besides being signed by the master must also be signed by the mate, or one of the crew (?).
§ 94. The cargo on board the vessel at the date of the collision Non-liability is never liable for the damage caused, even though it be- of cargo. long to the owner of the vessel (m); yet it can be arrested, with the object of compelling the payment into court of freight due in respect thereof to the shipowner (»). But
(h) The Ticonderoga, Swa. 215. (i) The Ida, Lush. 6.
(j) 36 & 37 Vict. c. 83, s. 16; The Queen, L. R., 2 A. & E. 354; The Hannibal, ib. 53. (h) The Queen, L. R., 2 A. & E. N.
(1) 17 & 18 Vict. c. 104, s. 328.
(m) The Victor, Lush. 72; see “Cases" (1) at end of this s.
(1) The Victor, Lush. 72; The Flora, L. R., 1 A. & E. 45; The
the owner of the cargo, if lost or damaged by the collision, can recover damages from the owners of the vessel at fault (o).
CASES. 1. An action for collision was instituted against a foreign ship, freight and cargo. The ship was arrested and the cargo seized for the freight. The court pronounced for the damage, which the ship and freight were not sufficient to satisfy. Held, that the cargo was not liable for the damage, and must therefore be released, with damages for its improper detention (p).
2. A ship arrested in a cause of collision had a cargo on board at the time of the collision, but at the time of the arrest only part remained on board. The ship and cargo belonged to the same owner. Held, on motion for release of the cargo remaining on board, that the freight due on the whole cargo must be paid into court before the portion on board at the time of the arrest could be released (9).
$ 95. The liability of the owners or master of the vessel responsible for the collision is limited, in the absence of any fault or privity on their part, to an aggregate amount not exceeding 151. for each ton of the ship's registered tonnage in respect of loss of life or personal injury, either alone or together with loss of or damage to the vessel, boats, goods, or other things. And in respect of loss and damage to ships, goods, merchandise, or other things, whether accompanied or not by loss of life or personal injury, their liability is limited to an aggregate amount, not exceeding 81. for each ton of the ship's tonnage (r). But their liability will not be limited if the ship be a British ship and not registered (s). The payment by the shipowner into court
Statutory limitation of liability,
of 81. a ton in an action to limit his liability will not exonerate him from delivering to the owners any part of the cargo which may be recovered from the wreck; nor will the shipowner be entitled to claim from the owner of the cargo any part of the expenses incurred in recovering it (t).
In computing his liability a deduction from the ship’s registered tonnage will be allowed in respect of the space in the ship occupied by the crew (u); the deduction, however, must have been made previously to, and appear in the register at the date of, the collision. It cannot be subsequently made by the owners (r). In the event of several claims being made against a Limitation
actions, vessel in respect of a collision, her owners can institute an action in Chancery, or, when the ship has been arrested, in Admiralty, with a view to fixing the amount of their liability and distributing the sum fixed among the various claimants, should the ship be pronounced to blame (x). Before bringing a limitation action, it is not necessary that the owners of a vessel and cargo should acknowledge that their vessel was to blame (y).
The statutory limitation of liability will extend not only to British but also to foreign vessels (y).
CASES. 1. Two ships, the V. and K., came into collision; in an action in rem in the Admiralty Division, both ships were held to blame. The owners of the K. then brought a limitation action and paid the amount of their liability into court. The V. was damaged more than the K., and the fund in court was not sufficient to answer all the claims for which the owners of the K. were answerable in damages. Held, that the owners of the V. were entitled to prove
(t) The Ettrick, or Prehn, v. (1) The John McIntyre (or OrmBailey, 6 P. D. 127; 45 L. T. 399; ston), 6 P. D. 200; 50 L. J., P. 76; 4 Asp. M. C. 465 (C. A.); see 30 W. R. 276. “Cases" (3) at end of this g.
(1) 17 & 18 Vict. c. 104, s. 614; (u) 30 & 31 Vict. c. 124, s. 9, 24 Vict. c. 10, 8. 13; James v. sub-s. 4; and see Chap. X. § 67, London of S. W. R. Co., L. R., 7
(y) The Amalia, Br. & Lush. 151.