A Digest of Decisions in Scottish Shipping Cases, 1865-90 : With Notes

Cover A Digest of Decisions in Scottish Shipping Cases, 1865-90 : With Notes
A Digest of Decisions in Scottish Shipping Cases, 1865-90 : With Notes
Scotland Court of Session
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The owners of the Anglia appealed to the First Division, arguing — (i) that assuming there had been fault on the part of the captain, the owner of the ship and the owners of the cargo were respectively liable only for salvages on their own property, that a salvage suit was essentially a proceeding in rem, and was merely the enforcement of a lien over the particular property saved ; (2) that the damages were excessive. The * For definitions of common carrier in Maritime Law, see Foord, * Law of
...'Merchant Shipping,' pp. 72, et seq.
Digitized by VjOOQIC ^f^ " ^T -, » » r'\ - WM 152 SALVAGE AND TOWAGE.
First Division adiured to the judgment of the Lord Ordinary. Lord President Inglis said : ' It has been maintained that this mode of enforcing a claim of salvage is unprecedented, if not incompetent, that a claim of salvage ought always to be enforced in the form of a proceeding in rem, by attaching the ship and cargo if necessary, and so working out the remedy by a real action of that kind.


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