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 —— —

— Part

11.

.

Jurisdiction of the Supreme Court. Sect.

Damage

9.

to

73 Sect.

Cargo.

9.

Damage

to

The Admiralty Division has a statutory {I) jurisdiction in Cargo. rem and in personam (/) over British and foreign {m) ships in Damage to respect of claims for damage to cargo, including short delivery (n). cargo. The claim must be made by the owner or consignee or an assignee 121.

the bill of lading (being the person to whom the property has passed) (o) in respect of goods carried (p) or to be carried (m) and the damage must be into a port in England or Wales caused by negligence, misconduct or breach of contract on the This jurisdiction, part of the owner, master or crew of the ship. however, does not exist if it is proved to the satisfaction of the Court that at the time of the institution of the suit the owner or a part owner of the ship is domiciled in England or Wales (/). The remedy in rem in respect of damage to cargo does not confer a maritime lien {p) and cannot be enforced against any ship other than that in which the goods were carried into England or of



Wales

(7?i).

Sect. 10.

Limitation of Liability.

The jurisdiction

in actions of limitation of liability possessed statutory common with the other Divisions of jurisdiction. In these actions the the High Court, is conferred by statute (q). liability of the owner of a British or foreign ship or a charterer to whom the ship has been demised w^here loss of life, personal injury, or damage to vessels, goods, or other property or rights has been incurred without his fault or privity may be limited in respect of claims for loss of vessels or goods to £8, and in respect of claims for loss of life or personal injury to £15, per ton of the tonnage of the wrong-doing vessel such tonnage being ascertained as directed by

122.

by the Admiralty Division in



statute

(r).

Sect. 11.

Salvage.

123. The Admiralty Division has acquired its jurisdiction in from the inherent jurisdiction of the Admiralty Court and from statutes {t). Actions of salvage may be in rem or in personam. But, as in other actions in rem, a foreign national vessel cannot be arrested for salvage (tt) actions of salvage (s)

.

1861 (24 Yict. c. 10), s. 6. (1) Admiralty Court Act, XJersonam, see ihid., s. 35. {m) The Ironsides (1862), Lush. 458. {n) The Danzig (1863), Br. & L. 102. (o) The St. Cloud (1863), Br. & L. 4. See The Fieve Superiore (1874), L. E. 5 P. C. 482. ( j9) iq) See Merchant Shipping Act, 1894 (57 & 58 Yict.

As

c.

remedy

to the

in

502—504;

60), ss.

Merchant Shipping Act;, 1906 (6 Edw. 7, c. 48), ss. 69—71, and title Shipping A^T> Navigation. (r) Merchant Shipping Act, 1894 (57 & 58 Yict. c. 60), s. 503 Merchant Shipping (Liability of Shipowners) Act, 1898 (61 & 62 Yict. c. 14), s. 3 Merchant Shipping (Liability of Shipowners and Others) Act, 1900 (63 & 64 Yict. c. 32), s. 2; Merchant Shipping Act, 1906 (6 Edw. 7, c. 48), s. 69. (s) See title Shipping and Navigation. {t) As to the principles on which salvage remuneration is awarded, and the law on the subject of salvage generally, see title Shipping and Navigation. (u) The Constitution (1879), 4 P. D. 39.



Salvage,