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Admiralty.

68 Sect.

5.

merely give them a right to arrest the ship proceeded and thus obtain a statutory Hen for their claims, charging the ship from the date of her arrest in the suit (n).

institute

Necessaries, against

107. The Admiralty Division has also jurisdiction in rem over claim for the building, equipping or repairing of any ship if at

Claims for ^^^^trin' lepairmg eetcc.

^[ij^q

of the institution of the cause the ship or the proceeds

its sale are under the arrest of the Court (o). A claim nature does not confer a maritime lien upon the claimant (p).

arising from of this

Sect. Claims in the nature of towage.

108. The Court

of

6.

Toivage.

Admiralty had since 1840

{q)

jurisdiction to

claims and demands whatsoever in the nature of towage and to enforce the payment thereof and this jurisdiction, together with whatever inherent jurisdiction the Court of Admiralty possessed over towage on the high seas, is. now vested in the Admiralty Division. Claims and demands in the nature of towage " mean claims and demands in the nature of ordinary towage, i.e., towage which is only required for expediting the progress of a vessel not in distress (?•) and not claims and demands for what has been called " extraordinary towage," which are in reality salvage claims in respect of towage services to a vessel in distress and are decide

all



J

remunerated on a Towage within the body of a county.

masters'

wages and disburse-

ments.

(s).

109. The jurisdiction extends over claims or demands for towage in respect of towage in tidal waters or otherwise within the body of a county {t), but it has been held that the claimant in respect of towage within the body of a county has not a maritime lien, but only a statutory lien giving him priority from the date of the institution of the suit or the arrest of the ship proceeded against {ii). Sect.

Seamen's wages and

different basis

7.

Wages, Masters^ Wages and Disbursements.

110. The present jurisdiction of the Admiralty Division over claims for seamen's wages and masters' wages and disbursements comprises a wider jurisdiction than the inherent jurisdiction in suits for seamen's wages possessed by the Court of Admiralty before 1840 (a). This jurisdiction of the Admiralty Division, which may

(^0 (o)

(p) [q) (r) (s)

See The.CdIa (1888), IW P. D. 82. Admiralty Court Act, 1861 (24 Yict. c. 10), s. The Tiuo Ellens (1872), L. K. 4 P. C. 161. Admiralty Court Act, 1840 (3 & 4 Vict. c. 65), See The FHncess Alice (1849), 3 W.'Eob. 138. See p. 75, post.

4.

s. 6.

The Hjemmett (1880), 5 P. D. 227. Westrup V. Great Yarmouth Steam Carrying Co. (1889), 43 Ch. D. 241,* see The Henrich Bjorn (1886), 11 App. Cas. 270, at p. 283; but see also The Constancia (1846), 4 Notes of Cases, 512, 521 The Benares (1850), 7 Notesof Cases Suppl. 1., liii. The St. Lawrence (1880), 5 P. D. 250. (a) Admiralty Court Act, 1840 (3 & 4 Yict. c. 65), s. 4 Admiralty Court Act, 1861 (24 Vict. c. 10), ss. 10, 35; Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), ss. 165, 167—168 Merchant Shipping Act, 1906 (6 Edw. 7, c. 48), (t)

{u)









s.

57.