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![handle is hein.slavery/ssactsengr0543 and id is 1 raw text is: IX MOORE N.S., 340 REDPATH V. ALLAN-HIBERNIAN (THE) [1872]
verted to, no such evidence, but if there had been evidence of malice alimnde, it
would have been proper to put to the jury the question whether the charge was sent
to the Newspaper bond fide, or maliciously in the sense before explained.
For the above reasons their Lordships will humbly advise Her Majesty that the
judgment of the appellate Court of the Isle of Man be affirmed, and this appeal
dismissed with costs.
[Mews' Dig. tit. DEFAMATION, B. PRIVILEGE, 2. Qualified, a. iii. d. ii.; tit.
ECCLESIASTICAL LAW, II. CHURCH OF ENGLAND, 2. Bishops. S.C. L.R. 4
P.C. 495; 42 L.J. P.C. 11; 28 L.T. 377; 21 W.R. 204. See Hart v. Gwrmpach,
1873, 9 Moo. P.C. (N.S.) 270. On point as to onus of proof, see Clark v. Moly-
neux, 1877, 3 Q.B.D. 237. See also cases collected, Odger's Libel and Slande?
(3rd Ed ), pp. 254, 261.]
[340] ON APPEAL FROM THE VICE-ADMIRALTY COURT OF
LOWER CANADA.
JOHN REDPATH and Others,-Appellants; JAMES ALLAN and Others,-
Respondents * [Dec. 3, 1872].
TH HIBERNIAN.
The Canadian Statute, 27th and 28th Viet. c. 13, intituled An Act to amend
the Laws respecting the navigation of Canadian Waters, enacts, by sect. 14,
that No Owner or Master of any Ship shall be answerable to any person
whatever for any loss or damage occasioned by the fault or incapacity of any
qualified Pilot acting in charge of such within any place where the employ-
ment of such Pilot is compulsory by law; and the Canadian Statute, 27th
and 28th Vict. c. 58, s. 9, enacts, that The Master or person in charge of
each Vessel exceeding 125 tons, coming from a port out of the Province of
.Quebec and leaving the port of Quebec for Montreal, shall take on board a
branch Pilot, for and above the harbour of Quebec, to conduct such Vessel,
under a penalty equal in amount to the pilotage of the Vessel, which penalty
shall go to the Decayed Pilots' Fund: Held, on appeal, affirming the judg-
ment of the Vice-Admiralty Court of Lower Canada, in a cause of damage by
collision, that these Statutes are to be read and construed together as being
in pari naterid, constituting a compulsory pilotage, and exonerating the
Owner of a Vessel having such Pilot on board from liability for damage
inflicted on another Vessel.
Where a Statute inflicts a penalty for not doing an act provided for, the penalty
enacted implies that there is a legal compulsion to do the act in question,
and this principle is not affected by the fact, that the penalty has a particular
destination [9 Moo. P.C. (N.S.) 349].
This was a cause of damage promoted by the Appellants, as the Owners of
certain bags of sugar which were laden on board of two Barges, called the [341]
A. MeFarren, and the Dora, against the Steamship Hibernoian, owned by the Re-
spondents, for the recovery of damages caused by the loss of the sugar by reason of
a collision which happened between the Barges and the Steamship hibernian.
The collision happened shortly before noon on the 16th of June, 1868, in the River
St. Lawrence, between Pointe aux Trembles and Varennes, off Isle A l'Aigle.
The Hibernian was a Mail steamer of 1391 tons register, and was proceeding
down the St. Lawrence on a voyage from Montreal to Liverpool, with cargo and
passengers.
* Present:-Sir James William Colvile, Sir Robert Phillimore (Judge of the
High Court of Admiralty), Sir Barnes Peacock, Sir Montague Edward Smith, and
Sir Robert Porrett Collier.](ViewImageLocal?handle=hein.slavery/ssactsengr0543&div=1&collection=&method=preview&ext=.png&size=3)