Page:Halsbury Laws of England v1 1907.pdf/293

 — Part

II.

Jukisdiction of the Supreme Court.

71

^^^^t^- 8necessary that there should be actual contact causing the damage Damage by a ship (i). for damage done by clahn found a to The statutory jurisdiction in rem over claims for damage arising Co llisio n, within the body of a county is limited to cases where a ship or a Extent of sea-going vessel is concerned, and will not include a case of collision jurisdiction, between two dumb barges (k). Damage done in a collision to the cargo carried on a ship cannot be recovered in an action of damage against that ship (/), but damage "done by a ship" may include a claim for personal injuries done by a ship {m), though not a for damages for the claim under the Fatal Accidents Act, 1846 death of a person (o). It is probable, however, that such a claim as last mentioned in respect of a foreign ship may now be entertained in the Admiralty Division by virtue of the statutory jurisdiction which it possesses in common with the other Divisions of the High Court (p).

115. The Court has jurisdiction in the case of foreign vessels sus- Foreign ships, taining damage, and of a collision between foreign vessels other than A foreign national vessel cannot be foreign national vessels (q). proceeded against or arrested (r), though where a foreign Government seeks to recover damages in respect of a collision in which a vessel belonging to it has been damaged, a counterclaim against it may be entertained (s). 116. King's ships cannot be arrested or proceeded against in King's ships. rem, and where damage has been done by any such ship the usual course is to bring an action of damage in personam against the officer in charge of the ship at the time of the collision, which action the Court has jurisdiction to entertain, and in most cases an appearance is entered for the defendant by the Treasury Solicitor, w^ho has succeeded to the duties of the Admiralty Proctor and defends the suit under the authority of the Commissioners of the Admiralty or other Government Department concerned {t). Certain mail ships are also exempt from arrest (u). The Admiralty Division has jurisdiction in rem in respect of colli- Collisions in sions between British ships in foreign inland waters (tv), and between foreign waters. foreign ships other than foreign national ships in foreign waters (a).

A

117.

foreign ship

which has caused an injury

to

any property Power

to

detain foreign ships.

The Industrie (1871), L. E. 3 A. & E. 303. Everard v. Kendall (1870), L. E. 5 C. P. 428. (/) The Victoria (1887), 12 P. D. 105. (m) The Sylph (1867), L. E. 2 A. & E. 24. (i)

(k) .

&

10 Vict. c. 93 see title Negligence. v. " Vera Cruz " (1884), 10 App. Cas. 59. {p) See The Shipowners Negligence (Eemedies) Act, 1905 (5 Edw. 1, c. 10), s. 1 Workmen's Compensation Act, 1906 (6 Edw. 7, c. 58), s. 11. {q) This is so even in a case where proceedings in the same matter are pending before a foreign tribunal. See The Charlotte (1907), 23 T. L. E. 750. (r) The Parlement Beige See (1880), 5 P. D. 197 ; The Jassy, [1906] P. 270. (n) 9 (o)



Seward



also title

Action, ante, p. 19. The Newhattle (1885), 10 P. D. 33. See H.M.S. Sans Fareil, [1900] P. 267. (u) Mail Ships Act, 1891 (54 & 55 Yict. c. [w) The Diana (1862), Lush. 539. [a) The Courier (1862), Lush. 541.

(s)

(t)

31),

s.

5.