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 — Part

II.

— Jurisdiction of the Supreme Court.

jurisdiction of the Court though ment of maritime interest (a).

it

does not stipulate for the pay-

67 Sect.

4.

Bottomry. ~

arise in any action of bottomry as to the ownership of any ship or vessel proceeded against, owu-rsS^ or the proceeds thereof remaining in the registry, the Admiralty Division has jurisdiction to determine it{h). In some cases bottomry bond holders who have by the leave of the Court paid charges which take priority over the maritime lien for bottomry are allowed, without bringing a separate suit, to stand in the place of the original claimants (c). if

title

any question should to or

Sect.

5.

Necessaries.

106. The diction

in

Admiralty Division possesses a statutory jurisrem and in personam over claims for necessaries (d)

This jurisdiction supplied in certain places to certain ships. extends (e) over claims for necessaries supplied to any foreign ship (/) at a time when such ship was in a British or Colonial (g) port, or on the high seas, or in a foreign port on the high seas (h). Further, where it is proved to the Court that at the time of the institution of the suit, no owner or part-owner of the ship was domiciled in England or Wales, the Admiralty Division has jurisdiction in rem or in personam over claims against any British or foreign ship (i) for necessaries supplied elsewhere than in the port(j) to which the ship belongs. A mere temporary absence, however, from England or Wales of a shipowner domiciled therein will not enable an action in rem for necessaries to be brought against the ship (k), but in order to deprive the Court of jurisdiction it must be shown to the Court before judgment that the owner or part-owner was domiciled in England or Wales (Z). Claimants for necessaries do not possess maritime liens in respect of their claims (7?i), but the proceedings in rem which they are entitled to The Cedlh (1879), 4 P. D. 210; The Haahet, [1899] P. 295. Admiralty Court Act, 1840 (3 & 4 Yict. c. 65), s. 4. (c) The Fair Haven (1866), L. E. 1 A. & E. 67 The Cornelia Henrietta (1866), L. E. 1 A. & E. 51. See also The St. Laiurence (1880), 5 P. D. 250, where a plaintiff in a necessaries suit had by the leave of the Court paid amounts due for towage, pilotage, and dock dues, and was given priority over a bond holder; The William F. Safford (1860), Lush. 69 (a) (b)



{d) (e)

As

to

what are

necessaries, see title Shipping (3 & 4 Yict. c. 65),

Admiralty Court Act, 1840

and Navigation. s.

6,

and Admiralty Court

Act, 1861 (24 Vict. c. 10), s. 5. (/) This includes a sea-going vessel, see Admiralty Court Act, 1840 (3 & 4 Yict. c. 65), s. 6 The Ocean Queen (1842), 1 W. E. 457. The Wataga (1856), Swa. 165. (g) The Aiina (1876), 1 P. D. 253 (A) See The Mecca, [1895] P. 95, at pp. 108, 112; The India (1863), 32 L. J. (ADM.) 185 The Ocean (1815), 2 W. Eob. 368. (?) The Mecca, supra, overrulino- The India, supra, so far as it construed the Act of 1861. [j) In the case of British ships, the port of registry is the port to which she





belongs (Merchant Shipping Act, 1894 (57 & 58 Yict. c. 60), s. 13). (AO See The Pacific (1864), Br. & L. 243. (/) Ex parte Michael (1872), L. E. 7 Q. B. 658. (m) The Tivo Ellens (1872), L. E. 4 P. C. 161 The Htnrich Bjorn 11 (1886), J



App. Cas.

270.

F 2

Claims for necessaries,