it shall be lawful for every such person or persons so injured, to pursue such remedy against the said master and mariners, as they might have done before the making of this act.

6. This act shall be a public act.

By the act 53 Geo. III. c. 159, it is enacted as follows:

1. Owners not answerable for loss beyond the value of the ship, &c. -From the 1st of September, 1813, no owner or owners, or partowner or part-owners, of any ship or vessel, shall be liable to make good any loss or damage occasioned by any act or neglect which may happen, without the fault or privity of such owner or owners, to any goods, wares, or property, laden on board that ship, or any other ship, farther than the value of the ship or vessel, with all its appurtenances, and the freight due, or growing due, during the voyage which may be in prosecution, or contracted for, at the time when the loss or damage happens.

2. What shall be considered as freight.-The value of the carriage of any goods, &c. belonging to the owner or any of the owners, and also the hire due or to grow due under any contract whatsoever, (except only such hire, as in the case of a ship or vessel hired for time, may not begin to be earned until the expiration of six calendar months after the happening of such loss or damage,) shall be considered as freight, within the intent and meaning of this act, and of preceding acts.

3. Separate losses.-In case any loss or damage happens by more than one distinct accident, act, neglect, or default, or on more than one occasion, in the course of a voyage, or after the end of a voyage, and before the commencement of another, every such loss or damage shall be compensated according to the provisions of this act, in the same way, and to the same extent, as if no other loss or damage had happened or arisen during the same voyage, or after the end of one voyage and before the commencement of another.

4, 5. Masters, mariners, owners of lighters, &c.-Nothing herein contained shall lessen the responsibility to which a master or mariner of any ship or vessel may now by law be liable, notwithstanding such master or mariner may be an owner, or part-owner; nor extend to the owner or owners of any lighter, barge, boat, or vessel, of any burthen or description whatsoever, used solely in rivers or inland navigation, or of any ship or vessel not duly registered according to law.

6. Actions may be brought for damage, &c.-Nor does the act extend to prevent any action or suit being instituted, or proceeded in, in any court of competent jurisdiction, by persons who have suffered loss or damage, notwithstanding other persons may have suffered loss or damage by the same accident, &c. or on the same occasion; but all such actions may be instituted and proceeded in, in the same manner, as if this act had not been made; subject, nevertheless, to such order as any court may think fit to make, to restrain proceedings on special circumstances, as justice and equity may require.

7. When ship and freight are not equal to all the losses.-If several persons suffer loss or damage in their goods, ships, or otherwise, and the value of the ship, with her appurtenances, and the amount of the freight, shall not be sufficient to make full compensation to all persons suffering such loss; it shall be lawful for the person or persons who are liable to make satisfaction, or any one or more of them, on behalf of himself, herself, or themselves, and the other owner or owners, to exhibit a bill in a court of equity, against all the persons,

who shall have brought any such action or actions, and all other persons who shall claim to be entitled to recompense for similar loss, to ascertain the amount of the value of the ship or vessel, appurtenances, and freight, and for payment or distribution thereof rateably amongst the several persons claiming recompense, in proportion to the amount of the several losses sustained, according to the rules of equity, and as the case may require: provided always, that the plaintiffs in such bill shall annex to it an affidavit, that he, she, or they, do not directly or indirectly collude with any of the defendants, or with any other owner or owners of the same ship or vessel, or with any other person or persons, but that such bill is filed for the purposes only of justice, and to obtain the benefit of the provisions of this act; and, that the several persons named as defendants are, as the person or persons making such affidavit verily believes, all the persons claiming to be entitled to recompense for loss or damage sustained by the same accident, &c. or on the same occasion; and that all such defendants do claim such recompense, and to be entitled to proportions of the value of such ship or vessel, appurtenances, and freight; and that no other person claims to be entitled to any proportion thereof under the provisions of this act, and that the amount of the value of such ship or vessel, appurtenances, and freight, does not exceed a sum to be specified in such affidavit; and that the several claims made by the defendants, do exceed the amount of the value of such ship or vessel, appurtenances, and freight; and the plaintiff or plaintiff's shall, on filing such bill, apply to the court and obtain an order for liberty to pay into court the amount of the value, as ascertained by such affidavit, and shall pay the same into court according to such order; and no defendant to such bill shall be compellable to put in any answer thereto until such value shall have been paid into court, unless the court shall, for any special cause, think fit to order security to be given for the same, in such manner as the court shall think fit; either instead of payment thereof into court as aforesaid, or until such court shall make other order to the contrary; and unless such money shall be paid into court, or the court shall make such order for security, and such security shall be given according to the order, within one month after such bill shall have been filed, the bill shall immediately, after the expiration of the month, stand dismissed without any motion for that purpose; and the court shall thereupon order the payment of the costs of suit to all the defendants who shall then have appeared to such bill; and, in case such security shall be given, and the value shall afterwards be ordered to be paid into court, and the same shall not be so paid within the time to be limited, such bill shall also stand dismissed without motion for that purpose; and the court shall also order costs to be paid to the defendants, and in case any bill shall at any time be dismissed after such value shall have been paid into court, or such security given, the court shall direct the money so paid into court, if any, to be paid to the several claimants, who shall appear to be entitled to proportions thereof, in such manner as shall appear to be just, and shall order any security so to be given to be put in suit, and the money to be recovered thereupon to be paid into court and distributed in like manner; and such payments shall be, without prejudice to any action or.suit which may be instituted by any other person or persons, not party or parties to such bill, for any such loss or damage as aforesaid, although such loss or damage shall have arisen or happened by the same accident, act,

neglect, or default, or on the same occasion as the losses or damages for which recompense shall be claimed by the parties defendants to such bill, and all such payments as shall be made under the order of the court shall be without prejudice to the recovery of the costs in any action or suit which shall have been brought by any such defendant or defendants, unless such costs shall be otherwise provided for by the said court.

8. Provision in case the true value of the vessel, &c. be not paid.— If it shall appear to the court, that the money paid in, or for which security shall be given, is not the true amount of the value, the court shall order such further sum to be paid, or such further security to be given, as shall seem proper; and the court shall also, at any time, if it shall see fit, order security to be given for the costs of suit; and if such further sum of money shall not be paid, or such further security shall not be given within the time to be limited for that purpose, such bill shall stand dismissed; and the court shall thereupon order the payment of costs to the several defendants by the plaintiffs, and give the proper directions for the application of any money paid into court, or due on any security given, to answer the demands of the several defendants, as shall appear to be just.

9. Costs in abatement of suits.-If, after any such suit shall have been instituted the same shall become abated or imperfect, in the whole or in part, and the same shall not be revived or made perfect within the time to be limited for that purpose, such suit and all proceedings therein shall stand dismissed; and the court shall order the costs to be paid to the defendants, or to the representatives of any who shall be then dead; and if the plaintiff or plaintiffs in any such suit, or any of them, shall be then dead, such costs as shall not be otherwise paid shall be a charge on the assets of such deceased plaintiff or plaintiffs, and shall be recoverable as a debt by simple

contract.

10. Court to ascertain the value, &c.-The court in which any such bill shall be filed as aforesaid, is hereby authorized to take all such measures as to such court shall seem just for ascertaining the value of the ship or vessel, appurtenances, and freight, the amount of the losses or damages claimed by the defendants respectively, and all such matters as shall be necessary for the purposes of justice, and for payment and distribution of the value amongst the several persons entitled thereto, and generally to do therein as shall appear to be just; and the costs of all such proceedings shall be paid by the plaintiff or plaintiffs, unless such court shall think fit otherwise to order.

11. Costs to be taxed.-All costs to be paid by the plaintiff or plaintiffs shall be taxed and settled as between attorney and client, if the court shall think fit so to order.

12. New bills not to be filed.-If any bill shall be filed, and afterwards be dismissed by reason of default of the plaintiff or plaintiffs, or under any order of the said court, no new bill shall be filed by the same plaintiff or plaintiffs, or their representatives, or by any other part-owner or part-owners, unless the court shall order such dismission to be without prejudice to the filing of a new bill, either absolutely or under such conditions as to the court shall seem just.

13. Interest of money paid into court.-If any money shall be paid into any such court of equity as aforesaid, in respect of the value of any such ship or vessel, appurtenances, or freight, all interest and profit made thereof whilst such money shall remain in court shall be

considered as belonging to the parties in such suit, who shall appear to be entitled to the principal money or proportions thereof respec tively, and shall be divided and distributed accordingly; and if security shall be given for such value, or any part thereof, the same shall bear interest, and such interest shall be applied in like manner.

14. Bill filed by one part-owner.-If any such bill shall be filed as aforesaid by any part-owner or part-owners, on behalf of himself, or themselves, and the other part-owners, such bill shall bind all such other part-owners, and their representatives, in the same manner as they would have been bound if parties plaintiffs to such bill: and if, after the filing of any such bill any of the plaintiffs or other partowners shall die, the right of action against such part-owners so dying, founded on any tort or wrong, shalt not thereby be lost, but it shall be lawful to proceed against the respective representatives of the partowners so dying, in the same manner as might have been if such right of action had been founded on contract.

15. Any court competent to act as a court of equity, is to be deemed such for the purposes of this act.

16. All money which shall be paid for or on account of any loss or damage, or any costs incurred in relation thereto, shall be brought into account among the part-owners as money disbursed for the use thereof.

17. This act shall be deemed a public act, &c.

Such are the acts of parliament which, principally and particularly, affect the interests of the ship-owners; beside which, however, there are certain well-defined, well-known rules of law to which they are subjected. Some that are of most ordinary practical occurrence, and therefore most generally useful, are inserted as follows:

Goods spoiled by default of a master-If goods are spoiled by default of a master of a ship employed by the owners, the owners are liable; but the action must be brought against all the part-owners, who make but one master. It is a case of continual occurrence that the master is a part-owner.

Part-owners not agreeing about a voyage. If several part-owners wish to send a ship on a voyage, but two or three other part-owners refuse their consent, the former may send her on the voyage, but they must enter into a recognisance in the admiralty for her safe return.

A part-owner of a ship sued the other owners for his share of the freight on finishing her voyage; but the other owners had fitted her out, in which complainant would not join: whereupon the other owners complained in the admiralty; and, by order there, they gave security, if the ship perished in the voyage, to make good to the plaintiff his share, or to that effect; in such a case, by the law marine and course of the admiralty, the plaintiff was to have no share in the freight. It was referred to Sir Lionel Jenkins to certify the course of the admiralty, who certified accordingly, and that it was so in all places, for otherwise there would be no navigation; whereupon the plaintiff's bill was dismissed. The admiralty has a power to arrest a ship upon the application of a part-owner till security be given by the other part-owners, but none to direct a sale. Nor can the admiralty interfere when the shares of the part-owners respectively are not ascertained, but the resort must be to a court of equity. 1 Wils. 101. 2 Mer. 77.

In what case the owner of a ship, letting it to another, is still liable for loss. The defendant was sole owner of a ship, which he let out

to one Fletcher for a voyage for a certain sum, and Fletcher was to have the benefit of carrying goods. The plaintiff sent a quantity of moidores, and had bills of lading signed by the captain; and, many of the moidores not being delivered according to consignment, an action was brought against the defendant, the owner of the ship, to make him liable, as far as the ship and freight were worth, according to 7 Geo. II. c. 15. For the defendant it was insisted, that, though the ship was his property, yet that Fletcher is for this purpose the owner. But, it appearing that the defendant had covenanted for the condition of the ship and the behaviour of the master, the chief-justice held he was liable to the plaintiff: and the freight he had in general from Fletcher was sufficient, though the identical freight for the gold belonged to the other; and Fletcher had only the use of the ship, but no ownership. Parish v. Crawford. 2 Strange's Rep. 1251.

But two cases have since been determined, inconsistent with this decision; and probably it is not to be considered as law. When the charterer of a ship causes it to be laden with goods belonging to other persons, he is to be considered as the owner of the ship. Mackenzie v. Rowe, 2 Campbell, 482.

Repairing a ship.-If a ship be repaired in the river Thames, and fitted out there with new rigging and apparel, the ship itself is not liable, but the owners. If she be repaired abroad the ship is liable, and the master may hypothecate (or pawn) her for payment of the charges. The repairer of a ship may sue either the master who employs him or the owners; but, if he undertake it on a special promise from either, the other is discharged. An action was brought by a shipwright for repairing the defendant's ship in his dock. About three hours before the ship's repairs were finished a fire happened, and she was burnt. Notwithstanding which, the court held, that the owner was liable to pay for the repairs that had been done.

Owners liable for provisions, &c. bought by the master. If the master of a ship buy provisions for her, and have money of the owners to pay for the provisions, but sails without paying the money, the owners are liable to pay, in proportion to their respective shares in the ship, the master being but a servant to the owners. 2 Vern. Rep. 643.; but in a modern case, viz, Fraser v. Marsh, (13 East. 238.) defendant became purchaser of a ship under sale by a sheriff, got possession, and had her registered in his own name. Afterward, by a charterparty, he let the ship for a certain number of voyages, and át a certain rent, to one W., who was then the captain, and who afterwards ordered stores for the ship, which stores were supplied by the plaintiff in this action. For the value of these stores it was that the action was brought against the defendant as registered owner. Plaintiff was nonsuited on the ground that, during the existence of the lease, the relation of master and owner ceased to subsist between W. and defendant, and that the stores must be taken to be ordered on W.'s own account. The Court of King's Bench were afterwards of opinion the nonsuit was right; for notwithstanding the register acts, it would be too much to say, that the registered owner who divests himself by the charterparty of all controul and possession of the vessel for the time being, in favour of another, which other has all the use and benefit of it, is still liable for stores furnished to the vessel by order of the captain during the time. The question is, Whether the captain, in this instance, who ordered the stores, was, or was not, the servant of this defendant who is sued as owner? Now, it is clear they did not stand in the