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Romilly emphatically declaring that the effect of the then recent statute was to confer on the Court of Admiralty the utmost extent of jurisdiction in all cases of collision : (see the Malvina, Lush. 493; Brow. Lush. 57; s. c. in Priv. Co., 6 L. T. Rep. N. S. 369; 8 ibid, 403.) I might cite several other decisions and statutes which more or less support the same doctrine, as, for example, the Uhla (referred to by Sir R. Phillimore in 3 Mar. Law Cas. 40); The Sylph, (id., 37) ; The Explorer (id., 507); The Sarah (Lash. 507); Ex parte Ferguson and Hutchinson (1 Mar. Law Cas. N. S. 8) ; 32 lt;fc 33 Viet., o. 51, s. 4; and 30 31 Viet., c. 114, and 29, Irish. But, after all, the Malvina is amply sufficient for my purpose. It was not alluded to in the Common Pleas. Its high authority has never been doubted, and it appears to me to settle the question. The plaintiff cannot prosecute his claim in this court, but must proceed, ifat all, before Mr. Commissioner Kerr.
Newspaper Details
County Courts Chronicle
London, Middlesex, GB
Fri, Dec 01, 1871
Page 9
Full Page
Clipped by
Richard B.
GB 14 Feb 2023
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