CLEARANCE INWARDS AND LIEN FOR FREIGHT BILL. Passed by the House of Commons in 1860, and afterwards postponed for want of 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 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 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 for passengers, 296 ACCOUNT. (See Ship's Husband.) duty of ship's husband to render, to the owners, 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 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.) 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 against owners, defendants must plead nonjoinder of any of them, 115, 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, 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 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.) jurisdiction in respect of mortgage on property in arrest under its process, 44 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 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, in respect of maritime liens- attempt of the civilians to enforce an implied lien as bottomry, 60 effect of such liens on ship property, 61 what claims in the nature of such liens it may enforce against foreign in respect of the employment of the ship- to order the majority or moiety of the owners to give security for the but not to compel a sale, 96 if the shares are not ascertained in value, it has no jurisdiction, 96 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 in respect of affreightment- has no jurisdiction to enforce the contract of affreightment against ship in respect of the master- recognises the authority of the master to hypothecate cargo when 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, how the master should shape his claim in the first instance, 188, 189 in respect of seamen's agreements-- the equitable jurisdiction it exercised over seamen's agreements, 192 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 when the court will presume there was the animus revertendi, and it will not construe quitting desertion against the hasty words of the |