the service of any foreign prince, or if any person or persons exercising or assuming to exercise any powers of government in or over any foreign state, as a transport, &c., every such person shall be guilty of a misdemeanour, and every such ship shall be forfeited. The respondent's ship was fitted out as a transport for the service of certain persons in the island of Cuba, who had revolted from Spain, and had assumed to exercise government, and were conducting hostilities against Spain. It did not appear who the persons were or over what part of Cuba they assumed to exercise government:Held, that inasmuch as the persons in whose service the ship was employed assumed to exercise government, there was a breach of the provisions of the Act, and the respondent's ship was liable to forfeiture. R. v. Carlin-The Salvador (P.C.), 33. INTEREST-in cases of limitation of liability. See Damage. JURISDICTION-necessaries supplied to vessel in her own port: owner domiciled in England]-County Courts exercising Admiralty jurisdiction cannot, as such, entertain a claim for necessaries supplied either to a vessel in her own port, or when an owner of the vessel is domiciled in this country. The Dowse, 46 Semble, that the High Court of Admiralty may exercise an appellate jurisdiction in a matter over which it has no original jurisdiction. Ibid. Semble also, that it has an appellate jurisdiction over the Court of Passage at Liverpool. Ibid. See Salvage. MORTGAGE fraudulent preference]-An insolvent debtor must not assign all or nearly all his effects to one creditor, so as to put it out of the debtor's power to carry on his trade. But an assignment is not necessarily fraudulent when it does not include the whole of the trade effects, or when the debtor gets a present equivalent for his goods. The Heart of Oak, 15 The assignment of a security to a particular creditor, even when bankruptcy is inevitable, if the assignment be not made voluntarily, is not necessarily a fraudulent preference. Ibid. NEGLIGENCE. See Damage. PRACTICE. See Amendment. Principal and Agent. See Damage. SALVAGE-award under 300l.: tender: costs]-In a cause of salvage the defendants tendered 2821. together with such costs (if any), as shall be due by law. The Court at the hearing of the cause pronounced for the tender:-Held, that though the amount recovered was less than 3007. the plaintiffs were entitled to costs up to the tender. Held also, that, when a tender is made in a salvage suit, it should state that it is a tender for salvage and costs, or should specify the ground upon which costs are not tendered, and refer the question of costs to the consideration of the Court. The Hickman, 7 - jurisdiction where value under 1,000l.]— Where a vessel had been arrested in two causes of salvage, which upon motion by consent of all parties had been consolidated, and a petition was afterwards filed, a motion by defendants to dismiss the suit with costs and damages, as the value of the property saved was under 1.0007., was rejected with costs. The Herman Wedel, 30 PRINTED BY SPOTTISWOODE & Co. New-street Square; 29 Chancery Lane; 30 Parliament Street; 38 Royal Exchange. OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND: PASSED IN THE THIRTY-THIRD AND THIRTY-FOURTH YEARS OF THE REIGN OF HER MAJESTY QUEEN VICTORIA At the Parliament begun and holden at Westminster, the Eighth Day of February, Anno Domini 1870, in the Thirty-third Year of the Reign of our Sovereign Lady VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith: Being the SECOND SESSION of the TWENTIETH PARLIAMENT of the United Kingdom of GREAT BRITAIN and IRELAND. PRINTED BY GEORGE EDWARD EYRE AND WILLIAM SPOTTISWOODE, PUBLISHED, FOR THE PROPRIETORS OF THE LAW JOURNAL REPORTS, BY MDCCCLXX. 1. Power to Committees of either House of Parliament on Bills confirming Provisional Orders to award costs. 2. Power to such Committees of House of Commons to examine witnesses upon oath. An Act to empower Committees on Bills confirming Provisional Orders to award Costs and examine Witnesses on Oath. (25th March 1870.) WHEREAS it is expedient to empower Committees of both Houses of Parliament to award costs in certain cases, and also to empower Committees of the House of Commons to administer oaths to witnesses in certain cases not already provided for: Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. Any Select Committee of either House of Parliament to which any Bill for confirming Provisional Orders has been referred in relation to any Provisional Order therein contained may award costs in like manner and subject to the same conditions as costs may be awarded by any Select Committee empowered to award costs by the Act of the twenty-eighth Victoria, chapter twenty-eight, and the provisions of the said Act so far as they are applicable shall apply to such Select Committees and to the matters so referred to them. 2. Any Select Committee of the House of Commons to which any Bill for confirming Provisional Orders has been referred in relation to any Provisional Order therein contained may examine witnesses upon oath in like manner as any Select Committee to which any Private Bill has been referred may administer oaths under the Act of the twenty-second Victoria, chapter seventy-eight, and the provisions of the said Act so far as they are applicable shall apply to any Select Committee to which any such Bill has been referred as aforesaid and to the oaths administered by such Committee. |