The "Clara"-(Atkins) Master

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...