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![handle is hein.slavery/ssactsengr0463 and id is 1 raw text is: with cases of small value within the jurisdiction of the Cinque Ports, but the exclusion,
if at all, will extend to every case. It seems to have been the object of the Legis-
lature, not merely to preserve the Court of the Cinque Ports, but all previously
existing jurisdiction. If it is said that the decision I gave as to the remainder of
the section in the case of The Leda, is inconsistent with my view of the present
case, and that there is no reason why this Court should take cognisance of cases of
small value from one part of the coast and not from another, I can only say that it
is the clearly expressed intention of the Legislature that the jurisdiction within the
limits of the Cinque Ports shall remain unaltered ; and that the jurisdiction of this
Court, whenever any dispute arises elsewhere in the United Kingdom, shall be
limited as the remainder of the section does actually limit it. But the Court has
always discouraged bringing cases of small value to be adjudicated upon here, and
will continue to do so. On this question I pronounce for the jurisdiction of the
Court.
Jenner, proctor for the salvors.
Gostling for the Maria Luisa.
[69] THE MOBILE -(H. Ponsonby, Master). February 21, 1856.-Collision-
Ship with wind free-Brig close hauled on starboard tack-Pilot on board,
but not at the moment in charge of the deck.-A ship going northward, in the
Gull Stream, meets a brig close hauled on the starboard tack, the wind from
S.W., other vessels in the neighbourhood; the brig kept her course, and was
held to be right in so doing. When a pilot is on board ship, he must be actually
on deck and in charge, to relieve the owners of their responsibility.
[Affirmed, p. 127, post.]
This was a suit promoted by the Spanish brig Fenix, of the burden of 290
tons, against the Mobile, of the burden of 1040 tons, to recover the loss arising
from a collision between them at 12.30 P.M. on the 19th of August last, in the Gull
Stream. The brig was proceeding from London to Cardiff in ballast; the Mobile
was bound from Cananore, on the coast of Malabar, to London, with troops on
board. According to the representation of the brig, when about midway between
the Middle Brake and South Brake buoys, heading S.S.E. on the starboard tack,
she descried the Mobile to the southward, distant about a mile, running to the
northward. There was a brig to the northward on the Mobile's starboard bow, and
a schooner a short distance to the windward of the Fenix, also on the starboard
tack. The Fenix, under the direction of a pilot, held on her reach so as to round
the Brake buoy and go into the Downs, expecting that the Mobile would alter
her course and pass under the stern of the Fenix, instead of which she attempted
to go ahead, and in so doing ran into her on the starboard side, and cut her down
to the copper. The Mobile, in her defence, alleged that, having taken a pilot
on board at Dungeness, the master, who had been on deck the whole of the two
preceding nights, gave up the charge to him and went below. The pilot left the
deck, and directed the second mate to steer the Mobile N.E. by N., in which
direction she would have passed clear astern of the schooner and the Fenix, had
they kept their respective courses. The schooner, instead of so doing, when she
had approached the Mobile to within about 300 yards, suddenly hove in stays
to go about on the port tack. The pilot, after an absence of five minutes, returned
on deck, and, finding that the schooner had stayed on the Mobile's port bow,
hailed the brig on her starboard side to port her helm, and at the same time ordered
the helm of the Mobile to be also ported. The order [70] was instantly obeyed,
and both vessels paid off rapidly. The Fenix, continuing to keep her reach,
was hailed to put her helm down and go about, the Mobile from the then position
of the schooner being unable to pass under the stern of the Fenix. The Fenix,
however, kept on her course, and ran into the Mobile.
The Court was assisted by Captain Bax and Captain Pitcairn.
Twiss and Spinks were heard for the Fenix.
Addams and Robinson for the Mobile.
Dr. Lushington, addressing the elder brethren, said: - Gentlemen, notwith-
standing the immense discussion which this case has undergone, and though all
the important parts of the evidence have been brought under your consideration,
yet I feel it to be my duty to make some observations, at, perhaps, greater length
THlE MOBILE
1024
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