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 —

— Part

Jurisdiction of the Supreme Court.

II.

65

^^^ct. 2. of the suit, and the Admu-alty Division, Divisions of the High Court, has now Co-ownership and power to prohibit for a specified time any dealing with a ship or any Re strai nt. interested application of any person (c). the share therein on The Admiralt}^ Division has also power to remove the master of Remova] of any ship within the jurisdiction of the Court after satisfactory master, proof of the necessity for his removal, and to appoint a new master in his place {d).

or in

Wales the subject-matter

common

^Yith the other

100. The Court

may

in a

fit

case

make an

order for the delivery Delivery up of certificate of registry.

101. All disputes concerning duly registered (/) mortgages of Disputes as mortgages, British ships are within the jurisdiction of the Admiralty Division, whether the ship or the proceeds of her sale are under the arrest The Admiralty Division has also jurisdiction of the Court or not {g). to determine suits concerning unregistered or equitable mortgages on foreign (h) or British ships where the ship or the proceeds thereof are under arrest.

Sect. 4.

Bottomry,

102. The Admiralty Division exercises the same jurisdiction Actions of bottomry and respondentia {i) as the Court of bottomry actions of ^^^^ Admiralty possessed as part of its inherent jurisdiction. Actions of bottomry or respondentia are brought for the purpose of enforcing bottomry bonds on the ship or freight or cargo proceeded against in the action, or, in case the cargo alone is hypothecated, for the purpose of enforcing the respondentia bond on the cargo proceeded against. Bottomry bonds are contracts in the nature of mortgage of a ship on which the owner or the master acting for the owner (J) borrows money in circumstances of unforeseen necessity in a port of distress to enable him to repair the ship or to pay for the repairs and despatch of the vessel for the completion of her voyage {k), and pledges the keel or bottom of the ship pars pro tola for repayment. If the ship is lost in the course of the voyage by any of the perils enumerated in the

£

in

The Horlock (1877), 2 P. D. 243; Merchant Shipping Act, 1894 (57 & 08 and see also sect. 28 of the same Act as to the powers of the 60), s. 80 Court to order a sale where there has been a transmission of a registered ship or share or shares therein to unqualified persons. (d) Merchant Shipping Act, 1894 (57 & 58 Yict. c. 60), s. 472. (e) The St Olaf{lS11), 2 P. D. 113; The Celtic King, [1894] P. 175; and see the Merchant Shipping Act, 1894 (57 & 58 Yict. c. 60), s. 15. See generally, (/) Merchant Shipping Act, 1894 (57 & 58 Yict. c. 60), s. 31. as to mortgages of ships, title Shipping and Navigation. {) Admiralty Court Act, 1840 (3 & 4 Yict. c. 65) Admiralty Court Act, 1861 (24 Yict. c. 10), s. 11 Merchant Shipping Act, 1894 (57 & 58 Yict. c. 60), s. 34. (A) rAeT«^us, p9p3]P.44. (v) Eespondentia is the proper technical term where the cargo alore is hypothecated. For bottomry and respondentia generally, see title Shipping (c)

Yict.

c.



^





AND Navigation. (,/)

{k)

See The Gratitndine (1801), 3 Ch. Eob. 240. See Soares v. Eahn (1838), 3 Moo. P. C. C. 1.