Page:Federal Reporter, 1st Series, Volume 3.djvu/532

 EBEBT .«..epHOOlîBBBBIXBEN DOUD. 825 �an action in tk«8um"of -£15,000 was entered ônbelialf of the o,wners of the Harriet against the Seringapatam, and upon the thirtieth of May a cross-aetion was brought ,by the own- ers of the Seringapatam in the sum of £550. An appearance was given in. the action against the Seringapatam on behalf of the owners of that veseel ; and the owners of the Harriet, being foreigners and residents abroad, and no appearance being given on their behalf in the cross-action, a motion was made by the proctor for the Seringapatam praying the court to stay pro- ceedings until the owners of the Harriet should give bail to answer the action brought against them. The court, having directed the matter to stand oyer for consideration, iînally rejected the application, but directed the owners of the Harriet to give security for the costs of the original action. In con- sequence of this decision the; owners of the Seringapata«m dis- continued their proceedings as plaintifEs, and the cause wa$ heardupon the original eomplaint of the owners of the Hàrçiel^ no admission being made on their partthat the proceediftgs in the first case shoijld goyeru oriniany manner affeat the subsequent action. iWhen^ the case was heard the trinity mastexs were of the opinion that both veasels were to blàrbe; in which case, if the two actions had been going on accbrding to the ordinary usage and practice in these cases, thte: sentence of the, court WQuld have attached to both vesselsjiànd the court woul^d have decreed a joint reference ito: the registrar and merchants to ascertain the amount of the total damage, and would. have directed the said damage, together with the costs, to be equally divided between the respective ownersi The cross-action, however, as then stated, having been aban- doned, the court made its decree pronouncing for a moiety of the damage donc to the Harriet; and this decree has been affirmed upon appeal to the judicial committee of the privy council. Under this state of circumstances I am now asked to refer to the registrar and merchants the amount of dam- age sustained by the Seringapatam, for the purpose of ascer- taining the whole amount of damage done to both vessels, and dividing the loss between them according to the usual prac- tice in questions of this description." ����