ABANDONMENT OF SHIP.

See SALVAGE, I. 2.

ADJUDICATION.

See PRIZE.

ADMIRALTY.
See COLLISION, III. 2.

ADMIRALTY REGULATIONS.
See COLLISION, III. 2.

AGENT.

See MASTER AND SERVANT.

AGENT OF SHIP ABROAD.
See BOTTOMRY, II. 1.

AGREEMENT.

See COLLISION, I. 2, II. 1.
MASTER'S WAGES, 1, 2.
SALVAGE, II. III. IV. VIII.
TOWAGE.

WAGES.

APPEAL.

An offer by a defendant out of Court
to pay the plaintiff a specific sum
and costs, made after judgment
pronouncing the defendant liable
in general damages, does not pe-
rempt his right of appeal. Ulster.
(P. C.)
Page 424
An appeal from the High Court
of Admiralty asserted after ten,
but before fifteen days from the

The time therefore for appealing
from a decree of the Admiralty
Court is not regulated by those
statutes; but it is by practice
limited to fifteen days from the
date of the decree. This limit
may in particular circumstances be
extended upon special application
to the Court of Appeal. Florence
Nightingale. (P. C.) Page 530

The Court of Appeal will not re-
verse a judgment upon nautical
questions determined by the Court
of Admiralty, except on the most
conclusive reasons. Julia. (P. C.)
Page 224

There is no appeal from an inter-
locutory order (as an order conso-
lidating several actions), which is at
mere grievance; but the cause being
appealed on the merits, the party
may bring the grievance to the no-
tice of the Court of Appeal; fail-
ing to do so, the party is held to
adopt the interlocutory order; and
upon the cause being remitted, is

from the owner of the ship, unless
by the law of the port the ship could
be arrested for them. Edmond.
Page 57

Item of payment to consignees of
outward cargo in respect of short
delivery not allowed. Edmond.
Page 57
Where a person appointed by the
owner of a ship to collect a freight
abroad and remit a fixed sum to a
third party, collects the gross
freight and remits the sum named,
which proves to be larger than the
net freight, and then advances to
the master, on a bottomry bond
upon the ship and freight for the
homeward voyage, money not only
for necessary repairs but to pay
the expenses relating to the out-
ward cargo, as compensation to
the consignees of cargo for short
delivery, &c., the mortgagee of the
ship, not having been in possession
when the bond was given, is not
intitled to object to those expenses
under the bond on the plea that
the master or the lender had in
the freight a fund properly applic-
able for the payment of them.
Edmond.
Page 57
The agent of a ship abroad ap-
plied a balance of freight in dis-
charge of law expenses relating to
the ship's business, and took a
bottomry bond for other payments,
for which there was a lien on
the ship:-Held, that the amount
of such law expenses could not be
deducted from the bond. Edmond.
Page 211

The rule derived from the Prince
George, with respect to items to
be allowed in a bottomry bond, is
that all expenses incurred in the
port where the bond is given,
relating to the ship or crew, if
expenses for which the master or
owner of the ship is liable, and

if necessary to enable the ship
to proceed on her voyage, may be
allowed. Edmond. Page 211
Expenses of discharging outward
cargo allowed in a bond for the
homeward voyage. Edmond.

Page 211
2. A debt for general average con-
tribution from ship to cargo, arising
in respect of an outward voyage,
being a personal debt only, is not a
sufficient foundation for a bottomry
bond on the ship for the voyage
homeward. North Star. Page 45

Quære, if a lien upon the ship
for general average contribution,
given by the law of the foreign
port where the bond is given, could
support such a bottomry bond.
North Star.
Page 45

A bond, given at Buenos Ayres
on ship and freight for the voyage
to England to pay a general aver-
age contribution due upon adjust-
ment from the ship to the outward
cargo, pronounced against, but
without costs. North Star.

Page 45
3. Where cargo is unshipped, stored,
and trans-shipped at a foreign port,
and a respondentia bond is given
to defray the charges, the Court,
though considering the custom of
the port, will not allow as items in
the bond any commissions beyond
a reasonable amount, calculated
upon a principle of quantum meruit.
Glenmanna.
Page 115

Commissions charged at St. Tho-
mas's of 2 per cent. on the value
of cargo for stowage, and of 21
for landing and re-shipping, dis-
allowed, and in lieu thereof reason-
able sums allowed. Glenmanna.
Page 115

Commission of 5 per cent. on cash
advances reduced to 2 per cent.,
according to the practice observed
in the Registry. Glenmanna.

Page 115

Commissions on freight in respect

of the vessels chartered to trans-
ship, disallowed. Glenmanna.

Page 115

Advance of money to master for
alleged services in taking care of
the cargo and for personal ex-
penses, not allowed as charges on
cargo. Glenmanna. Page 115

III. COMPUTATION

OF CHARTERED

FREIGHT HYPOTHECATED.

A ship was chartered to go to a
port of loading, there to load and
return freight payable, as per
tale. On the voyage out, the mas-
ter hypothecated the ship and the
cargo to be shipped, and the freight
as per charter. Subsequently, at
the port of loading, advances for
ship's expenses were made to the
master by the charterers' agent
with notice of the bond; and on
the voyage home the master sold
part of the charterers' goods to pay
other expenses of the ship:-Held,
that in computing the amount of
freight to be paid into Court by
the charterers, to answer the bond,

1st. The charterers might de-
duct advances made abroad by
their agent according to the charter,
and by the charter to be deducted
on settlement of the freight.

2ndly. That they should not be
required to pay the sum which would
have been payable as freight upon
the goods sold, had the goods ar-
rived.

3rdly. That the charterers
should not deduct from the freight,
as per tale, advances by their
agent which were not authorized
by the charter to be made and de-
ducted.

4thly. That they should not
deduct the value of their goods
sold by the master. Salacia.

IV. EXCESSIVE PREMIUM.

In a cause of bottomry in pœnam,
the Court judging the premium
to be excessive, will refer it to the
Registrar and Merchants to be re-
duced. Huntley.
Page 24

V. PAYMENT OF SEVERAL BONDS.
Cargo hypothecated cannot be re-
sorted to for payment of any bot-
tomry bond until ship and freight
are exhausted. Priscilla. Page 1

Where, therefore, there are two
bottomry bonds, the first in date
on ship and freight only, and the
other or last bond on ship, freight
and cargo, and ship and freight
are insufficient to discharge both
bonds, the last bond, which is in-
titled to priority, must be paid out
of ship and freight. Priscilla.

Page 1

VI. COSTS OF REFERENCE.
In a cause of bottomry, where the
bond is admitted to be valid, and
referred to the Registrar and Mer-
chants to report the amount due,
the plaintiff is usually intitled to
the general costs of the reference,
but will be condemned in costs
clearly occasioned by improperly
persisting in claims which cannot
be sustained. Kepler. Page 201
And see PRECEDENCE OF LIENS, 2,
3,5.

BROKER OF SHIP.
See NECESSARIES.

CARGO.

See BOTTOMRY, I. II. 1, 2, 3, III. V.
COLLISION, V. 3, VI. 5, IX.
FREIGHT, 2, 3, 4.

CERTIFICATE FOR COSTS.

Page 578

See SALVAGE, IX. 2, 3, 4, 5.

COLLISION.

I. JURISDICTION.

1. The Court has jurisdiction over
causes of collision, but not over
damage generally. Ida. Page 6
The Court will not exercise juris-
diction over a foreign river, if the
parties are foreigners, and the sub-
ject-matter of the action is of
doubtful cognizance by the Court.
Ida.
Page 6
The master of a Danish schooner
lying alongside the quay at the
port of Ibraila in the Danube, got
on board an English barque lying
outside him, and, with a view to
get the schooner out, wilfully cut
the barque adrift from her moor-
ings, whereby she swung to the
stream, and capsized a barge which
contained part of her cargo be-
longing to Turkish owners:-Held,
that the Turkish owners of the
cargo destroyed could not sue the
Danish schooner in the Court of
Admiralty. Ida.
Page 6
2. Jurisdiction exercised in a cause
brought by the owners of a steam-
tug for a collision between their
tug and the vessel which she was
towing under a contract. Julia.
(P. C.)
Page 224

By the improper navigation of a
steam-tug which was towing her,
vessel A. came in collision with
vessel B. and sustained damage:-
Held, that this was
damage done
by the steam-tug," and that the
owners of vessel A. could sue the
steam-tug in the Admiralty Court.
Nightwatch.
Page 542
3. The Court of Admiralty has ori-
ginal jurisdiction over torts com-
mitted on the high seas, and there-
fore over a collision on the high
seas where the vessel doing the
damage was a keel, or vessel with-
out masts, usually propelled by a
pole. Sarah.
Page 549

A steamer towing has not the
same obligation to give way to sail-
ing vessels as a steamer not towing.
Arthur Gordon. (P. C.) Page 270
A vessel close-hauled on the
port-tack, in the open sea and in
day time, and a steamer towing a
large ship, were standing so as to
cross each other's bows, the steamer
being on the lee-beam of the sail-
ing-vessel-Held, that the sailing-
vessel was to blame for holding
her reach, and that the steamer
was likewise to blame for taking
no measure in time to avoid colli-
sion. Arthur Gordon. (P. C.)
Page 270