The "Clara"-(Atkins) Master
| Jurisdiction | England & Wales |
| Judgment Date | 20 November 1855 |
| Date | 20 November 1855 |
| Court | High Court of Admiralty |
English Reports Citation: 166 E.R. 986
HIGH COURT OF ADMIRALTY OF ENGLAND
S C. 26 L. T. (O. S.) 165; 2 Jur. (N S) 46; 4 W. R. 160. Referred to, The "Dictator," [1892] P. 304. Considered, The "Africano," [1894] P 141.
REPORTS of CASES DECIDED in the HIGH COURT of ADMIRALTY of ENGLAND and on APPEAL to the PRIVY COUNCIL. 1855-1859. By M. C. MERTTINS SWABEY, D.C.L., Advocate in Doctors' Commons, and of Gray's Inn, Barrister-at-Law. London, 1860. [1] the " clara "-(Atkins) Master. November 20, 1855.-Collision-Priority of £~' ~r claims where several parties are suing, and the proceeds are insufficient.- 44. ' Nature of proceedings in a cause of damage ; liability of shipowners limited by / statute. Of two plaintiffs in a cause if damage, the one obtaining the first decree is entitled to priority of payment from proceeds of the ship in Court ; if the plaintiff in a second suit is apprehensive that the value of the ship and freight will not satisfy the whole claim for damage, he must apply to the Court before any decree is pronounced. [S C. 26 L. T. (O. S.) 165 ; 2 Jur. (N S ) 46 ; 4 W. R. 160. Referred to, The " Dictator," [1892] P. 304. Considered, The " Afncano," [1894] P 141.] This was a question arising out of two separate suits brought against the " Clara " for damage caused by collision ; the first, by the owners of the ship " Eliza " ; the second, by the owners of the cargo on board that vessel. On behalf of the owners of the ship the proceedings were as follows .-On 30th September 1854, F. Clarkson entered an action on behalf of the owners of the " Eliza " in the sum of £2000. On 4th October Ring appeared to the action for the owners of the " Clara," and extracted commission to take bail. On 12th October Ring returned commission with bail ; both proctors agreed the value of the " Clara " at £1250, and a supersedeas was decreed. On 4th November Clarkson brought in his libel; on 14th November the libel was admitted, and witnesses were produced by Clarkson on the 13th, 14th and 18th December. [2] The suit was regularly prosecuted, and on the 3rd May 1855, the judge pronounced for the damage proceeded for, condemned Ring's party and his bail therein, and in costs, and referred the same as usual On 13th June Ring alleged that he had paid to the credit of the registrar's account at the Bank of England £1283,14s., being the agreed amount of the value of the " Clara," and interest thereon. On behalf of the owners of the cargo the proceedings were as follows :-Lawrie entered an action in the sum of £1600 on 13th December 1854 ; Ring appeared also to this action for the " Clara," and on 27th December returned commission executed with bail, and alleged the value of the " Clara " as above. On 23rd January 1855, Lawrie prayed, and the Judge at his petition, with consent of Ring, decreed that the judgment to be given in this suit should be of the same tenor and effect, so far as respects the interests of their respective parties, as the judgment to be given in the action brought by the owners of the " Eliza " against the " Clara." On 3rd May the Judge, on motion of counsel, referring to the minute of Court of 23rd January, pro-nomnced for the damage proceeded for, and condemned Ring's party and his bail therein, and in costs, and referred the same to the registrar and merchants as usual. On 12th July the Judge confirmed the registrar's report in both suits ; and Clark-son then prayed that the whole of his party's claim should be paid in full out of the 985 SWAB 3. THE " CLARA " 987 fund...
To continue reading
Request your trial
-
Real Estate Board v Jennifer Messado & Company
...2010, para. 5), though the only documentary evidence of this appears to be a notation on the last page of the application itself (exhibit “ SW1” to Ms Watson's affidavit), under the rubric, ‘For the official use of the Real Estate Board’, which indicated that the application was considered ......
-
JSC Bank of Moscow v 1) Vladimir Abramovich Kekhman and Others
...pm on 24th September 2012 when I arrived at Gatwick Airport and whilst in London I reside at the Corinthia Hotel in Whitehall Place, London SW1A 2BD and presently intended to leave on Thursday 27th September 2012 and when I travel to St Petersburg, Russia. I am therefore present in the Unit......
-
Westminster City Council v Clarke
...the council and any other persons to whom the same right is granted accommodation at the single persons hostel at 131-137, Cambridge Street SW1 in the City of Westminster. The terms of the licence under which you agree to occupy the accommodation are set out below and the current conditions......
-
Alice Kahrmann (as Administrator of the Estate of Rainer Christian Kahrmann) v Hilary Harrison-Morgan
...much of the time in London, where he owned various residential properties, including long leasehold interests in two properties in Belgravia, SW1: a substantial terraced house at 38 Wilton Crescent, and a much smaller mews property adjoining it at the rear, 38 Belgrave Mews North (“38 BMN”)......
-
COVID-19: Will Borrower Defaults Increase?
...or an employee or consultant who is a lawyer with equivalent standing and qualifications. The registered office is 2-4 King Street, Londo n, SW1Y 6QP. A list of the members of the LLP is available for inspection at the registered office, together with a list of those non-members who are des......
-
Construction, Property & Real Estate (Case Law Review, Issue 7, 2007)
...under Keating Chambers Reported Cases on contractual requirement for joint names insurance for specified perils. Fixed price Contract SW1 Ltd v PE1 Data Services Ltd [2007] All ER (D) 42 The Court of Appeal dismissed an appeal by the defendant main contractor against a finding by the judge ......
-
The UK Supreme Court Seeks to Clarify the Reflective Loss Principle (or Whose Claim is it Anyway?)
...or an employee or consultant who is a lawyer with equivalent standing and qualifications. The registered office is 2-4 King Street, London, SW1Y 6QP. A list of the members of the LLP is available for inspection at the registered office, together with a list of those non-members who are desi......
-
The New UK Anti-Money Laundering Regulations: How Will The Art World Be Impacted?
...or an employee or consultant who is a lawyer with equivalent standing and qualifications. The registered office is 2-4 K ing Street, London, SW1Y 6QP. A list of the members of the LLP is available for inspection at the registered office, together with a lis t of those non-members who are de......
-
Department of Agriculture
...87102 4. Intermountain 324 25th St., Ogden, UT 84401 5. Pacific Southwest 630 Sansome St., San Francisco, CA 94111 6. Pacific Northwest 333 SW. 1st Ave. (P.O. Box 3623), Portland, OR 8. Southern 1720 Peachtree Rd. NW., Atlanta, GA 30367 9. Eastern 310 W. Wisconsin Ave., Milwaukee, WI 53203 ......
-
Department of Agriculture
...87102 4. Intermountain 324 25th St., Ogden, UT 84401 5. Pacific Southwest 630 Sansome St., San Francisco, CA 94111 6. Pacific Northwest 333 SW. 1st Ave. (P.O. Box 3623), OR 97208 8. Southern 1720 Peachtree Rd. NW., Atlanta, GA 30367 9. Eastern 310 W. Wisconsin Ave., Milwaukee, WI 53203 10. ......
-
List of cases
...HKCU 1033Christie v The Ship Karu (1926) 27 SR (NSW) 443Christine Isle, The 1974 AMC 331City of Mecca, The (1881) 6 P 106Clara, The (1855) 166 ER 986 Clay v Sudgrave (1700) 91 ER 34 627Cleary v McAndrew (1864) 15 ER 883Coal Exporter Corporation v Notias (1962) EA 220Coastal Equipment Agenci......
-
The early English Admiralty Court and the conceptualisation of the maritime lien : an historical conspectus
...Ryan, op cit n 31, at 188.138 TM Etting, “Maritime Liens” (1882) 30 The American Law Register 1 at 2.139 13 Rich 2, c 5.140 The Clara (1855) 166 ER 986 at 987; Ryan, op cit n 31, at 188; Chamlee, op cit n 43, at 183unable to adjudicate claims in personam,141 the Admiralty Court was forced t......
-
Doncaster Corporation Act 1926
...directly from H.M. STATIONERY OFFICE at the following addresses: Adastral House, Kingsway, London, W.C. 2; 28, Abingdon Street, London, SW. 1; York Street, Manchester; 1, St. Andrew's Crescent, Cardiff; or 120, George Street, Edinburgh; or through any...
-
Electric Lighting Orders Confirmation (No.3) Act 1894
...to proceed against the Undertakers by indictment action or otherwise in relation to any of the matters aforesaid. Compulsory Works. Main? Sw. 1 " to be laid down 17.(1.) The Undertakers shall within a period of two years after the com- in streets . ,. .. r specified in mencement of this Ord......
-
Poole Harbour Act 1925
...directly from H.M. STATIONERY OFi'ICE at the following addrews: Adastral House, Kimgsway, London, W.C. 2; 28, Abingdon Stents London, SW. 1; Yois Stieet, Manchester; 1, St. Andrew's Crescent, Cardiff; ox 120, George Street, Edinburgh; or through any...
-
Chapter 506, SB 1350 – Local Government Omnibus Act of 2000.
...1/4 of the NW. 1/4 of Section 8, T. 4 S., R. 11 W.; Thence southerly along the quarter quarter section lines to the northeast corner of the SW. 1/4 of the SW. 1/4 of said Section thence southwesterly in a straight line to a point on the south line of the Moody Creek Channel as shown on that......