Ilotage

A cause of collision, or collision and damage, as it is technically called, is a suit in rem in the admiralty. In the United States courts it is commenced by the filing of a libel and the arrest of the vessel to the mismanagement or fault of which the Injury Is imputed. In the English admiralty the suit is commenced by the arrest of the vessel and the filing of a petition. In England, the judge is usually;. at the hearing of the cause by two of or Elder Brethren of Trinity House, or other experienced shipmasters, whose opinions upon all questions of professional skill involved in the issue are usually adopted by the court; 1 W. Rob. 471; 2. 2 Chit. Genl. Pr. 514. In the American courts of admiralty, the judge usually decides without the aid or advice of experienced shipmasters acting as assessors or ad of the court; but the evidence of such shipmasters, as experts, is sometimes received in reference to questions of professional skill or nautical usage. Such evidence is not, however, admissible to establish a usage in direct violation of those general rules of navigation which have been sanctioned and established by repeated decisions; Wheeler v. The Eastern State, 2 Curt. C. C. 141, Fed. Cas. No. 17.494; The Clement, 2 Curt. C. C. 363, Fed. Cas. No. 2,879. When a party sets up circumstances as the basis of exceptions to the general rules of navigation, he is held to strict proof; 1 W. Rob. 157, 182, 478: 0 Tbornt. 607; 5 id. 170; 3 Hagg. Adm. 321; and courts of admiralty lean against such exceptions; ll N. Y. !. 0 is. 53. The admissions of a master of one of the colliding subsequently to the collision are admissible in evidence; 5 E. L. & Eq. 556; and the masters and crew are admissible as witn 2 Dods. 83; 2 llagg. Adm. 145; 3 id. 321, 325; 1 Con Id. 384. The general rules in regard to costs In collision cases, in the admiralty courts, are that if only one party is to blame, he pays the costs of both; if neither is to blame, and the party prosecuting bad apparent cause for proceeding, each party pays his own costs, but in the absence of apparent or probable cause the libel will be dismissed with costs; if both parties are to blame, th< of both are equally divided, or, more ally, each party is left to pay his own costs. But costs in admiralty are always in the discretion of the court, and will be given or withheld in particular cases without regard to these general rules, if the equity of the "In case of collision on the high seas between ships of different nationalities, the general maritime law, as understood and administered in the courts of the country in which the litigation is prosecuted, governs. The Belgenland, 114 U. S. 355, 5 Sup. Ct. 860, 29 L. Ed. 152; In re State Steamship Co., 60 Fed. 1018. This rule is subject to two qualifications: (1) Persons in charge of either ship would not be open to blame for following sailing directions and rules of navigation prescribed by their own government; The Scotia, 14 Wall. [U. S.] 170, 20 L. Ed. 822. (2) If the maritime law, as administered by the nations to which the ships respectively belong, is the same in respect of a particular matter, it will, if duly proved, be followed in respect of such matter, though it differ from the maritime law as understood in the country of the litigation; The Scotland, 105 U. S. 24, 26 L. Ed. 1001." Moore's notes to Dicey, Conflict of Laws, 670. See Meili, Internat. Civil and Comm. L. 524. See Fog; Lien; Navigation Rules.