The Mullingar

• Jurisdiction: Ireland
• Judgment Date: 15 April 1872
• Date: 15 April 1872
• Court: Court of Admiralty (Ireland)

Court of Admiralty (Ireland)

Townsend, J.

The Mullingar

The JohannesENR Lush. 182

The Heart of OakUNK 39 L. J. 15, Adm. 21 L. T. Rep. N. S. 727 3 Mar Law Cas. O. S. 317

Mentone v. GibbonsENR 2 T. R. 267

The Ruby QueenENR Lush. 266

The VolantENR 1 Wm. Rob. 383

Clarke v. New Jersey Steam Navigation Company 1 Story's Rep. 531

The Bee Ware, 332

The Ada Davies R. 407

The VictorENR Lush. 72

Act (Local and Personal) 6 & 7 Will 4, c. 105, ss. 8, 11.

Collision Notice of action Proceedings in rem

252 MARITIME LAW CASES. Adm.] The Mullingar. [Adm. Court of Admirality (Ireland) Reported by Oliver J. Burke Esq., Barrister-at-Law. April 8 and 15, 1872. The Mullingar. Collision - Notice of action - Proceedings in rem - City of Dublin Steam Packet Company - Act (Local and Personal) 6 & 7 Will 4, c. 105, ss. 8, 11. Where a proceeding in rent is instituted in the Admiralty Court to enforce a maritime lien, it is wholly immaterial to whom the res belongs. The owner or other persons interested may intervene to defend the suit, but the court deals with the res only, and it is the res and not the owner personally that is liable in the suit. The 8th section of 6 & 7 Will. 4 (Local and Personal Acts) c. 100 (a), which requires notice to be given one calendar month before bringing any (a) The section is as follows : "No action in any of His Majesty's courts of law, to which the City of Dublin Steam Packet Company should be liable in respect of any damage, injury, or trespass, alleged to be done, committed, or occasioned, to or against any ship on the high seas, or to or against any person or parsons, property, goods, or effects, shall be brought, commenced, or prosecuted against the company, unless one calendar month's previous notice in writing should have been given by the party or parties commencing such action to the said company." MARITIME LAW CASES. 253 Adm.] The Mullingar. [Adm. action in any of His Majesty's courts against the City of Dublin Steam Packet Company, has refe-rencs merely to actions in personam against the company, and not to actions in rem against the company's vessels. The Court of Admiralty is a court of law within the meaning of the 8 section of the said Act. This was a motion on behalf of the City of Dublin Steam Packet Company, the owners of the steamer Mullingar, against which vessel a cause had been instituted, for an order that the cause be dismissed with costs. The cause was one of collision, which took place near Halpin's Point, on the river Liffey, and within the harbour of Dublin, on the 20th Jan. 1872, between the steamer Mullingar, the property of the City of Dublin Steam Packet Company, and the smack Belle, of Dublin, the property of the plaintiffs. The affidavit to lead the warrant, made by Mr. Good on the 21st March last, merely states That the smack Belle, of Dublin, received considerable damage on the 20th Jan. last, by reason of the steamer Mullingar coming into collision with her; That the damages, actual and consequential, sustained by reason of said collision amount to the sum of 183l.13s. 8cl. sterling, with interest until paid ; That the steamer belongs to the City of Dublin Steam Packet Company, and trades between Dublin and Liverpool. On filing this affidavit the usual warrant issued to seize the Mullingar. The warrant was not actually executed, but the Messrs. Hone, solicitors of the company, signed an undertaking (which was endorsed on the warrant), dated the 28th March, to appear under protest and give bail for the company. On the 4th April Mr. Hone filed an affidavit on behalf of the company, getting forth the grounds of protest. The facts and arguments are fully stated in the judgment of the Court. Exham, Q.C., LL.D., and Robertson were heard in support of she motion. Elrington, Q.C., LL.D., and Corrigan, LL.D., contra. April 15. - Townsend, J. - This case comes before the court under the following circumstances. On the 21st March 1871 a cause of damage was instituted by Messrs. Hamerton and Son, on behalf of...