Effect of delay in bringing suit. Since either party to a collision suit has the right to have his witnesses examined orally, the expense of detaining foreign seamen or other foreigners in this country for that purpose are to be allowed as costs in the suit (a). Before leaving this branch of the subject, it only remains to be added, that collision suits should be brought into Court within a reasonable time, while the evidence is still fresh and accessible. In a case where there was an interval of fully two years between the collision and the judgment, resulting from dilatoriness in commencing proceedings, Dr. Lushington said he had no authority to refuse to entertain any suit commenced within the period of time limited by law; but that, if he saw any unreasonable or improper delay, he would, in all cases, when the proof was not sufficiently clear to enable him to arrive at a satisfactory conclusion, consider that such delay in the proceedings raised a presumption against the party guilty of the laches, inasmuch as valuable and important evidence might have been lost in consequence thereof (b). (a) Karla, 13 Weekly Reporter, 295. INDEX. ACCIDENT, inevitable, definition of, 98. examples of, 99, 101. ADMIRALTY COURT, extent of jurisdiction of, 188. principles it acts upon, 2. ANCHOR, ship run into when at, 57. the ship which runs into her is primâ facie in fault, 58. ANCHORING IMPROPERLY, effect of, 76. APPEALS, court of, in Admiralty suits, 2. rules with regard to, 218. determined on the original evidence, 219. APPEARANCE, entering of, 198. APPORTIONMENT, rule of, when several claimants, 176. ARREST, regulations concerning, 196. no damages for improper, 8. property liable to, 167. damage to, by collision, 5. not liable for collision damage, 5. though belonging to owner of ship in fault, 8. CHANNEL (see NARROW CHANNEL). CHARTER, loss of, recoverable as damages, 159. compulsion by reason of, no excuse, 6, 138. CLOSEHAULED SHIP, one going free must make way for, 14. on starboard tack must generally keep her course, 17. COMMON LAW COURTS, jurisdiction of, 191. decisions of, how far followed by Court of Admiralty, 2. CONSOLIDATION OF SUITS, rules as to, 208. CONSTANTINOPLE, jurisdiction of Consular Court of, 195. COSTS, security to be given for, 203. rules as to, 219. not given to or against the crown, 221. DAMAGES, rules as to, when both ships in fault, 3. general principles as to, 141. when ship is totally lost, 141. sunk and raised again, 146. so badly damaged as not to be worth repairing, 149. damaged, but repairable, 149. no deduction made for improvement of ship by being repaired, 150. allowance for interest on outlay, 153. deduction made for exorbitant charges, 153. allowance for demurrage or loss of time, 154. allowance for cost of maintaining passengers, 155. loss of cargo, 157. effects of crew or passengers, 158. DAMAGES-(continued). expected salvage, 159. costs of resisting exorbitant salvage claim, 159. incidental, though remotely, to the collision, recoverable, wrongdoer answerable for impossibility of exactly com- DECREE in what cases varied, 215. DEFAULT, effect of letting cause go by, 198. DELAY IN BRINGING SUIT, DEMURRAGE, allowance of, 154. principle of estimating, 155. case of packet missing her turn, 156. never given when ship totally lost, 156. DREDGING, ship dredging down a river does so at her own risk, 77. EVIDENCE, different kinds of, 210. rules as to taking of, 211. FAULT, in meaning of, 4. result of neglecting to save life, 4. FERRY-BOAT, is not "a seagoing ship," 86. |