Page:Halsbury Laws of England v1 1907.pdf/286

 — Admiralty,

64 Sect.

1.

Possession,

this limitation, a statutory jurisdiction (p) was conferred in 1840 upon the Admiralty Court to decide any question of title to the

subject-matter of any action of possession. Foreign ships.

Rectification of mistakes in register.

96. The Admiralty Division has jurisdiction in suits of possession against foreign ships, but will generally decline in its discretion to exercise the jurisdiction unless with the consent of the representative of the foreign state to which the ship belongs, or on the invitation The Court has also of a competent Court of such foreign state (q). power in a suit of possession to grant a decree declaring that the plaintiff is entitled to the possession of the ship proceeded against, and to have the register of British ships rectified accordingly where the it appears that by mistake a wrong entry inconsistent with plaintiff's title has been made in the register book (?•). Sect.

Disputes

between co-owners.

Sale at instance of

minority of co-owners.

2.

Co-owner ship and Restraint.

97. The Admiralty Division has jurisdiction to determine all disputes incident to the employment of a ship registered in England or Wales, and to decide all questions arising between co-owners as to the ownership, possession and earnings of the ship, and may order the ship to be sold, and an account to be taken of all transactions outstanding and unsettled between the parties (s). The jurisdiction thus conferred may be exercised in rem or in personam it), and in an action for an account between part-owners where one of the parties had before action parted with all his interest in the ship the Court held that it had jurisdiction to entertain the suit, and ordered him to give security to the amount of the shares he formerly possessed in the ship {ii), 98. The sale of a ship or shares in a ship registered in England Wales can, in the discretion of the Court, be ordered at the instance of a minority of co-owners against the consent of the majority of the co-owners {a) but a part-owner who can sell his own shares in the ship must make out a very strong case to induce the Court to make an order for the sale of the whole ship, by which his co-owners are forced to part with their property whether they like it or not {h), or



Restraint.

99. In consequence of this power the Admiralty Court was enabled in a co-ownership suit to restrain the defendant from dealing with the share or shares of a ship registered in England p) Admiralty Court Act,- 1840 (3 & 4 Yict. c. 65), s. 4. The Evavgelistria (1876), 46 L. J. (adm.) 1 The Agincourt (1876), 2 P. D. 239. See also E. S. C, Ord. 5, r. 16 (b). (r) The Rose (1873), J E. 4 A. & E. 6; and see Brand v. Broomhall, [1906] B. 571. 1 (s) Admiralty Court Act, 1861 (24 Vict. c. 10), s. 8. For sale and transfer of of ships generally, see title Shipping and Navigation. {

((/)



.

K

{t)

Ibid.,

s.

35.

The Lady of the Lahe (1870), L. E. 3 A. & E. 29. (o) The Bereward, [1895] P. 284, in which case the majority of co-owners had formed themselves into a limited company and had rendered it impossible for the ship, to be profitably employed in the general interests of all the owners unless the minority co-owners joined the company, and there appeared to be no way of preventing the sacrifice of the property but by a sale. (b) See The Marion (1884), 10 P. D. 4. (u)