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With interest thereon until paid as follows, viz :--at the rate of 4 per cent. per annum from the 12th day of August, 1867, to the 26th day of August, 1867, and from the latter date at the rate of 5 per cent. per annum, except when the bank rate exceeds 4 per cent., and then at the rate of 1 per cent. per annum above such bank

rate.

CV. Answer to above.

P. and S., proctors for the plaintiff, in answer to the petition filed on behalf of the defendants, the National Bank of Liverpool (Limited), in objection to the report of the regis trar filed in this cause, say as follows:

1. They deny the validity of the several objections in the said petition mentioned, and also submit as follows:

2. That the said report is valid, right, and correct for the reasons stated in such report.

3. That the fact of the plaintiff being a part owner does not affect his lien on the ship for his claim as master.

4. That the fact of the plaintiff being indebted to the ship as part owner was not proved, and is not true.

5. That even if the plaintiff were indebted to the various owners of the ship as part owner, this would not affect the priority of the claim over the defendants.

6. That if the plaintiff is indebted to the ship on account of her last voyage, so are the defendants as mortgagees who have taken possession.

7. That even if the objection stated on behalf of the defendants in the last article of the said petition were not wholly invalid (as it is submitted that it is), it would apply only to a sum equal to that in which the said master was indebted to the ship, and that such objection, when so limited, must be considered as waived by the defendants by reason of their not having ascertained before, nor requested the registrar and merchants to ascertain what, if any, was the amount of such sum.

And the said proctors therefore pray the right honourable the judge to overrule the objections raised in the aforesaid petition, to confirm the said report, and to condemn the defendants in the costs of these proceedings.

CVI. Conclusion to above.

C. and U., solicitors for the defendants the National Bank of Liverpool (Limited), in reply to the answer of the plaintiffs, deny the statements made therein, and pray that the pleadings be concluded.

CVII. Another Form of Petition in objection to the Registrar's

Report.

The "Great Eastern" (a).

as

W. and R., solicitors for the defendants in these causes, in objection to the registrar's report therein, say follows:The defendants submit that the said report is erroneous, and ought not to be confirmed, for the following amongst other reasons :—

1. Because it awards to the plaintiffs damages for breach of contract a matter not within the competence of this honourable

court.

2. Because the calculation of the damages awarded to the plaintiffs respectively is based on a misapprehension of the law relating to the measure of damages for the breach of contracts of hire and service.

3. Because the report awards to certain of the plaintiffs sums of money in respect of which they had released the defendants, and from the payment of which the defendants were discharged by the provisions of the 175th section of the Merchant Shipping Act, 1854 (17 & 18 Vict. c. 104).

4. Because the facts found by the report negative the right of the plaintiffs respectively to the ten days' double pay allowed them.

5. Because the sums awarded to the plaintiffs respectively are otherwise excessive.

6. Because the facts found by the report are not warranted by the evidence.

And the said W. and R. pray the right honourable the
judge to reject the said report, wholly, or in part, or to
modify and alter the same, as to him shall seem meet;
and that right and justice may be otherwise done and ad-
ministered in the premises.

CVIII. Answer and Conclusion to above.

J. W. C., solicitor to the plaintiffs, in answer to the petition of the defendants, denies the statements made therein, and prays that the pleadings be concluded.

(a) See Form XCIV., supra. The cause was afterwards compromised.

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MISCELLANEOUS FORMS.

CIX.-Form of Claim on a Reference before the Registrar assisted by the Merchants in a Cause of Damage in a case of Total Loss.

In the High Court of Admiralty.

The "Olga."

The following are the particulars of the damages claimed on behalf of the owners of the "Il Trovatore," and on behalf of the owners of the cargo lately laden therein, and on behalf of the master and crew of the said ship, for their personal effects (a).

1. Estimated value of the brigantine "Il Trovatore," of 171 tons

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6. Noting and extending protest (b)

7. Thames Conservancy charges for raising the wreck after deducting the proceeds of sale of the wreck and cargo (c)

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8. Agency of Messrs. Terry and Company.

Private Effects of

9. G. Crocker, master

10. D. Ritchie, mate

11. T. Griffiths, A. B.

(a) All the charges here set out were in the above case allowed by the registrar. (Report of the reg. 22nd Aug. 1867.)

(6) The charge for noting and extending protest is usually allowed.

(c) As to the general rule with reference to the allowance of the cost of raising and repairing a sunken ship, see supra, p. 79. But it is to be observed that where a ship is sunk in the Thames

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so as to impede the navigation, the owners are bound by the provisions of a special Act of Parliament to have the wreck raised. In the Mersey and some other navigable rivers in England, a similar obligation is imposed by statute. In all cases where the owner of the wreck is compelled by law to raise it, the expense of raising it, after deducting the value of the wreck when raised, is allowed as an item of damage.

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CX.-Form of Claim where the Ship was brought into Port and

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3. Pilotage from the North Foreland to Gravesend (c)
4. Pilotage from Gravesend to the Victoria Docks
5. Towage from North Foreland to Gravesend

6. Towage from Gravesend to Victoria Docks
7. Dock dues

8. R. G. F., ship-chandler, sailmaker, &c.
9. Messrs. D. & W. for repairs

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10. Messrs. B. & Sons, notaries.
11. G., W., & Co. for a second-hand anchor and chain

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12. Towage from the Victoria Docks to North Foreland
13. Pilotage from the Victoria Docks to Gravesend
14. Pilotage from Gravesend to the Downs

15. Boat-hire landing pilot

16. Survey (d)

17. Agency (e)

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18. Master's expenses, boat-hire, &c.

19. Telegrams, postages, &c.

20. Demurrage of the barque "Harriet Wade," of 716
tons from 11th February (f) to 20th March,
1866, say 38 days, at 4d. per ton per day

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(a) See report of registrar.

(b) See supra, p. 84, n. (o).

(c) It is usual to allow all towage and pilotage charges rendered necessary by the collision. In the above case the collision occurred in the Downs, the plaintiff's ship being at the time bound from Shields to Alexandria, the registrar was of opinion that under the cir

cumstances of the case it was proper to have the vessel brought to London to be repaired.

(d) The fees of one or at the most of two surveyors will be allowed.

(e) A sum is frequently allowed as remuneration to the agent's man, under whose directions the repairs are done.

(f) The date of the collision. In

CXI. Another Claim in a Case similar to the preceding.

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30. Telegrams, postages, &c.

31. Demurrage of the barque "Starbeam," of 391 tons,
from the 14th February to the 31st March, say
45 days, at 4d. per ton per day

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Deduct proceeds of sale of old rigging, &c. (a)

calculating demurrage a reasonable
time will be allowed for getting the
vessel into dock, for executing the
repairs and for getting the vessel out to
sea, and on her course again. Demur-

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rage is usually calculated in the case of sailing-ships, at the rate of 4d. per ton per day. In the case of steam-ships, it is calculated at a higher rate.

(a) Where old materials have been

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