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CLEARANCE INWARDS AND LIEN FOR FREIGHT BILL.

Passed by the House of Commons in 1860, and afterwards postponed for want of
time to consider it in the House of Lords.

Ir provides in certain cases of improper delay on the part of the consignee, that the shipowner who brings goods into the United Kingdom from foreign parts, may enter and land them as if he were the proprietor; that by notice to the wharfinger or warehouse keeper he may preserve still such lien as he had on the goods before landing them; that such lien is discharged by the production of the shipowner's receipt for the amount claimed, or by the deposit of an equal amount; that such deposit, in the absence of any notice of detainer, is payable at the end of fifteen days to the shipowner; or in case of notice of detainer within the fifteen days, and no proceedings taken within thirty days from the date of that notice for settlement of the dispute, or no notice in writing of such proceedings served on him, that he is to pay over the money to the owner of the goods. On the contrary, if the lien is not discharged and no deposit made, he may sell the goods by public auction duly advertised, at the expiration of ninety days from the time of the goods being placed in his custody, or earlier if they are perishable, the proceeds of the sale to be applied as directed by the Act.

ADDENDUM.

SIMPSON v. FOGO.

The owners of a British ship mortgaged her in England, and afterwards sent her on a voyage to New Orleans, where she was attached by creditors, who took proceedings in the courts there for the purpose of making her available for their demands. The English mort gagees intervened in these proceedings for the purpose of asserting their rights, but their claim was wholly disregarded, the law of New Orleans not recognising a mortgage of chattels; and under an order of the court the ship was sold to a British subject. The ship having afterwards arrived in England with a cargo, the mortgagees filed a bill to enforce their claim: held, upon demurrer, first, that the judgment of the court of New Orleans was a proceeding in personam, and not in rem, and was therefore not binding upon persons not parties to the litigation.

Secondly, that the intervention of the mortgagees in the foreign proceedings was not sufficient to deprive them of their right to sue in this country, they not having initiated the proceedings, nor having invoked the aid of the foreign court in any way.

Thirdly, that the judgment of the court of New Orleans having proceeded in utter disregard of the lex loci contractus, was not conclusively binding upon the courts of this country.Coram Wood, V. C., 29 L. J. (Ch.) 657.

INDEX.

ABANDONMENT

of seamen abroad, a misdemeanor, 242, 650

unless the provisions of the statute are complied with, 242, 651
of foreign seamen in distress in United Kingdom, penalty for, 746
of ship, to insurers on ship, result of to insurers on freight, 431
is not presumed of goods jettisoned, 582

ABATEMENT. (See Pleading.)

ABSENCE (see Seamen, Discipline, Desertion, Misconduct)

of seamen from ship without leave, within 24 hours of sailing, how punished, 220, 236, 659

ACCIDENTS.

or at any time, not amounting to desertion, 220, 236, 659

(See Collision.)

power of the Board of Trade to inquire into causes of, by inspectors sent to the spot or port, 590, 614, 692

duty of the master of any steam-ship to give notice of, to the Board, within 24

hours, or as soon after as possible, otherwise a penalty, 591, 675

duty of owner of steam-ship to give notice of apprehended loss of, otherwise penalty, 591, 675

collisions to be entered, if possible, in the official log, 675

ACCIDENTS, PREVENTION OF.

rules imposed on decked vessels leaving United Kingdom to carry certain number of boats, life-boat, life-buoys, 350 n., 669

penalties for neglect of, 350 n., 669

clearance or transire to be refused to ships neglecting these, 350 n., rules as to lights and fog signals, meeting and passing, 266, 270, 669, 670 rules applicable to the build of iron steamers, 2, 670

669

clearance or transire to be refused to steamers not built accordingly, 671 shelter for deck passengers on home-trade steamers in passenger traffic, 671 penalty for improper weight on safety-valve of steam-ship, 671 regulations for the periodical survey of passenger steamers, 304, 671 definition of passenger steamer, 671

survey twice a year by surveyors appointed by Board of Trade, 304, 671 times of, 672

duty imposed on owners to have this done by these surveyors, 672

who are, if satisfied to give the owners declarations as to the vessels, 672

contents of declarations, 672

to be forwarded by owners to Board of Trade, 672

within 14 days, otherwise a penalty, 672

Board of Trade to give certificates, 673

power to cancel certificates and require fresh declarations, 673

copy of certificate to be put up in a conspicuous part of the ship, so long as it is in force, 673

clearance or transire to be refused to vessel without a certificate, 674

penalty for carrying over the number of passengers certified for, 674

forgery of declaration or certificate a misdemeanor, 674

returns by surveyors, 674

passengers forcing their way on board to pay a penalty, 674

refusing to quit, 674

avoiding payment of fares, 674

such persons refusing to give their names and address, 675

INDEX.

ACCIDENTS, PREVENTION OF-(continued).

persons drunk or misconducting themselves on board may be removed, 675
dangerous goods may be refused, and suspected packages may be opened to ascer
tain whether the contents be dangerous, 377, 675

penalty on proprietor for not giving notice of, 377, 675

ACCOMMODATION. (See Seamen, Passengers.)

to be provided for seamen on board, 240, 657

free from encroachment and in proper condition, 240, 657
common law right thereon, 240

for passengers, 296

ACCOUNT. (See Ship's Husband.)

duty of ship's husband to render, to the owners, 167
consequences of neglect, 167

ACQUISITION OF SHIP PROPERTY.

1st, by construction, 1

(See Ships.)

when the property vests, 2, 3, 5

2nd, by purchase, 7

maxims of the law as to bargains, 8

what representations are actionable, 8, 9, 10
conditions of sale, 11

employment of puffers, 12

means to deter bidders illegal, 13

agreements not to bid not illegal, 13 n.

what passes under ship, 14

3rd, by capture, 16. (See Capture, Prize of War.)
conditions of lawful capture, 16

ACT OF GOD,

vesting of property after capture, 17, 18

exception of, what is intended thereby, 456

what is not included therein as being too remote, 456, 457

is only for the protection of the shipowner unless words apply it to the freighter,

461

ACTION. (See Pleading.)

on representations of vendor, when amounting to warranty, 8

when to fraud, 10

by owners on wrongs, should all be joined as plaintiffs, 114

if not, defendant should plead in abatement, 114

after death of a part owner, right of action survives, 114

by owners on contract, if not all joined as plaintiffs, the defendant may take
advantage of it by evidence, 115

against owners, defendants must plead nonjoinder of any of them, 115, 116
rule, when it is ambiguous whether the action be on tort or contract, 116

proceedings in case of loss of life, 117, 118

for negligence causing damage, 278, 279

for assault by the master on a passenger, 299

proceedings under the Passenger Act, 300

notice of, when against public officers under that statute, 301

limitation to, 301

action following upon summary arrest of foreign ship for damage, 604, 709

summary proceedings by Board of Trade in cases of loss of life or personal injury,
117, 705

action by party dissatisfied therewith, 118, 706

proceedings at common law in uncontested cases of damage, 603

ACTION IN REM

must be brought with due diligence, 54, 61. (See Admiralty, High Court of.)

for forfeiture, who may bring it, 64

for necessaries to foreign ships, when, 102, 594, 595

for damage, 274. (See Collision.)

principles at the foundation of damage causes, 274, 278, 287
diligence must be used in proceeding, 287

for possession, 592

procedure in action in rem, 595

priority of suitors, 596

priority of liens, 596-600

marshalling assets, 600

ADJUSTMENT. (See General Average.)

of general average, 581

ADJUSTMENT-(continued).

statement of, 585

ADMINISTRATOR. (See Executor.)

ADMINISTRATION, LETTERS OF. (See Probate, Executor, Wills.)
ADMIRALTY, HIGH COURT OF.

jurisdiction in respect of mortgage on property in arrest under its process, 44
in respect of bottomry--

none, when the contract is not contingent on maritime risk, 49

or where it is given by the owners on a British Ship in a British port
preparing for a new voyage, 50, 51 and n. 3, 140

or where the contract is not reduced into writing, 51, 52, 60

secus, when by the master under sufficient necessity, 51, 138, 139

the only jurisdiction when the bond is valid, 54

but it requires diligence in the holder, 54

and no postponement of the original time of payment, 54

mode of proceeding, 55

gives effect to a bond, if it is good in part, 55, 138

and although given after supply obtained, when, 48, 137

marshals the assets, 48, 137, 141, 600

when freight is not available, 48, 137, 141

what priority it gives to sundry bondholders, 48, 137, 141, 596

when equity will interfere, 56

valid bottomry abroad by an English master is governed by what law,
56, 57, 155-163

in respect of maritime liens-

attempt of the civilians to enforce an implied lien as bottomry, 60
what maritime liens are still enforceable by, 60

effect of such liens on ship property, 61

what claims in the nature of such liens it may enforce against foreign
ships in this country, 102

in respect of the employment of the ship-

to order the majority or moiety of the owners to give security for the
value of the dissentients' shares, 92-95

but not to compel a sale, 96

if the shares are not ascertained in value, it has no jurisdiction, 96
in respect of foreign ships in this country-

what claims it has power to enforce, 102

conditions of this jurisdiction, 102, 103

in respect of damage-

suitor in, may be restrained by equity, when owners admit their
liability, and ask Chancery to distribute the fund, 119

in respect of affreightment-

has no jurisdiction to enforce the contract of affreightment against ship
and freight though pledged thereto by the charter-party, 124

in respect of the master-

recognises the authority of the master to hypothecate cargo when
necessity requires, 142

how it will marshal the fund liable in that case, 141, 143, 596

may enforce valid respondentia, when the bond given is a proper one,

145

recognises the authority of substituted master, 153

conditions of valid substitution, 153

has jurisdiction in respect of master's wages, 165, 188, 223

and in that case to go into the accounts, if a set-off be pleaded, 188,
189

how the master should shape his claim in the first instance, 188, 189
to remove the master, 187, 657

in respect of seamen's agreements--

the equitable jurisdiction it exercised over seamen's agreements, 192
199, 200

exceptional in its nature, 200

is now extended to all courts, 201

in case of forfeiture by desertion, the court had formerly no power to
modify the penalty, 215

when the court will presume there was the animus revertendi, and
cast the burthen of proving desertion on the master, 216, 222

it will not construe quitting desertion against the hasty words of the
master, 217

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