Page:Halsbury Laws of England v1 1907.pdf/292

 — Admiralty.

70 Sect.

Wages

7.

etc.

Forfeiture of wages.

Other payments recoverable as wages.

Meaning

of

"disburse-

ments."

The Court has jurisdiction in an action of seamen's or masters' wages to decree that all or any part of the wages claimed have been forfeited for desertion, misconduct, or other offences (s). Certain payments, though not strictly " wages," are recoverable for example, the allowance which has to be made by way as wages of compensation for short or bad provisions is recoverable as wages (t). "Disbursements" include all proper expenditure by the master for which he makes himself liable in respect of necessary things for the ship for the purposes of navigation which he, as master of the

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ship, is there to carry out necessary in the sense that they must be had immediately and when the owner is neither able to give the order, nor so near to the master that the master can obtain his authority, and the master is therefore obliged to render himself liable in order to carry out his duty as master (a). The Court has jurisdiction to entertain both actions of wages and actions of disbursements (b) against, foreign ships, but may in its discretion refuse to exercise the jurisdiction where the representative of the State to which the ship belongs objects on reasonable grounds to the Court proceeding to adjudicate (c).

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Foreign ships.

Claims under £50.

113. A claim for wages under £50 cannot be brought in the Admiralty Division, but must be dealt with summarily, unless the owner of the ship is adjudged bankrupt, or the ship is under arrest or is sold by the authority of the Court, or tbe claim is referred by a Court of summary jurisdiction, or unless neither the owner nor the master of the ship is or resides within twenty miles of the place where the seaman is discharged (d).

Sect. Claims for damage.

8.

Damage

by Collision.

The Admiralty Division acquired (e) from the High Court Admiralty jurisdiction over all wrongs committed by or to British subjects on the high seas (/). It has also statutory jurisdiction in rem and in personam over claims for damage received by any ship or sea-going vessel in the body of a county as well as on the high seas (r/), and over claims for damage done by any ship in the body of a county or on the high seas {h). It is not 114.

of

See The Madeod (1880), 5 P. D. 254 The Fairport (1884), 10 P. D. 13; and Bruce, 3rd ed. p. 206, note (u). {t) Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), s. 199. See also ss. 135, 171, 186, 196, 207, 208 of the same Act. (a) See The Orienta, [1895] P. 49, at p. 55 The ElmvUle No. 2, [1904] P. 422, (s)

and



see Williams



at p. 426. (6) (c)

See The Tagus, [1903] P. 44. (1867). L. E. 2 A.

The Nina

&

E. 44;

The Leon XIII. (1883), 8 P. D.

121. {d) (e)

Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), s. 165. Under the Judicature Acts, 1873 and 1875 (36 & 37 Yict. c.

66,

and 38

&

39

Vict. c. 77).

Shipping and Navigation The Zeta, [1893] A. C. 468. high seas, see The Mecca, [1895] P. at p. 107. Admiralty Court Act, 1840 (3 & 4 Vict. c. 65), s. 6. Admiralty Court Act, 1861 (24 Vict. c. 10), s. 7. Por definition of

(/) See

title



For

definition of the ig)

(h)

ship,