Page:Halsbury Laws of England v1 1907.pdf/294

 Admiralty.

72 Sect.

8.

belonging to His Majesty or to any of His Majesty's subjects may if found within three miles of the coast of the United Kingdom (b). This is a statutory power in respect of certain claims in personam which do not include claims for personal

Damage by be detained Collision.

injuries

Damage of individual,

An

action in rem cannot be brought to recover damages for caused to a ship by the malicious act of the master of the defendant's ship (d) or the act of any agent done outside the scope of his authority (e) but in several cases ships allowed by their owners to be in the control of third parties have been successfully proceeded against to enforce maritime liens which sprang into being whilst they were under the control of such third 118.

wronrfui'act

(c).

^^3^^^^



parties (/).

119. The claimant in an action of damage has, as before stated, a maritime lien for the damage he has sustained in consequence of a collision on the high seas, and such claimant has also been held to have had conferred on him by statute a maritime lien in respect of any damage sustained by him in consequence of a collision within the body of a county ((/). The maritime lien for damage may, like other maritime liens, be considered to be practically indelible in the absence of laches, and has been enforced eleven years after the collision in respect of which it attached

Maritime lien.

occurred Collision

with

in^tow^of^^^ British tug.

(li).

120. The jurisdiction of the Admiralty Division in actions of in j^ersonam has been in effect increased by the provisions allowing service of writs in personam out of the jurisdiction in certain cases {i). Thus, where a collision occurred out of the territorial jurisdiction of the Court between a British vessel and a foreign vessel at the time of the collision in tow of a British steam-tug, and the owners of the British vessel, to recover for the damages sustained in the collision, brought their action of damage in personam against the owners of the steam-tug and the owners of the foreign vessel, and duly served the writ of summons in the action on the owners of the steam-tug and obtained leave to serve, and duly served, notice of a concurrent writ of summons on the owners of the foreign vessel out of the jurisdiction, the Court of Appeal affirmed the refusal of the judge of the Admiralty Division to set aside the service abroad of the notice of the concurrent

damage

writ

(k).

Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), s. 688. Harris v. Owiiers of Franconia (1877),'2 C. P. D. 173. {d) The Ida (1860), Lush. 6 The Druid (1842), 1 W. Eob. 391. M'Knight, [1897] A. 0. 97. (h)

(c)



V.

(e)

The Orient

See Currie

(1871), L. E. 3 P. C. 696.

(/) The Lemington (1874), 2 Asp. M. L. C. 475; The Ruhy Queen (1861), Lush. 266. See also The Ripon City, [1897] P. 226. See The Veritas, [1901] {g) The Bold Bucdeugh (1851), 7 Moo. P. 0. C. 267. P. at p. 309. {h) •

(*)

[l)

The Kong Magnus, [1891] P. 223. E.

S.

C, Ord.

11, r. 1 (g).

The Due d'Aumale, [1903] P.

18.