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possession of the vessel, and can only recover the same from the owners in an action for debt, as he in this case, as well as tradesmen, who have no lien upon the ship, are supposed to have given the credit for the requisites required for the vessel to the owner.
In maritime lien the persons who have a claim in the Admiralty Court in Rem, and can compel reimbursement, consist of those who have rendered services to the ship by their labour, as mariners, by pilotage, towage, salvage, and by the loan of money as bottomry for repairs. The wages of seamen have the first claim upon a ves
vessel, as they constitute the power by which the vessel is brought to port; and then come salvage, pilotage, towage, or bottomry. Bottomry, however, has a precedence over prior salvage, although it gives way to subsequent salvage. Sir John Nichol, speaking of lien, says :“Subjects which operate for the protection of prior interests are privileged over those interests."
MANIFEST is a correct list, containing the marks, description, and number of packages of the goods shipped by the vessel, certified by the master before the Collector of Customs, Consul, or Ship Broker, or by the Shipping Agent. (For form of Manifest, vide Consular Forms, Section VI.)
MARRIAGE can be solemnised abroad before an Ambassador or Consul. (Vide Section II., Act for the Solemnization of Marriages Abroad.)
MEDICINES.—The following is the Scale issued by the Board of Trade, in pursuance of the Section 224, of the 17 & 18 Vict. c. 104.
SCALE of MEDICINES and MEDICAL STORES suitable to Accidents and Diseases
arising on SEA VOYAGES, to be kept on board BRITISH MERCHANT SHIPS navigating between the United Kingdom and any place out of the same, on
and after the 1st day of January, 1856. Issued by the Board of Trade, in pursuance of 17 & 18 Vict., c. 104, sect. 224.
8 3 8
PROPORTIONS FOR SHIPS CAR-
NUMBER OF MEN AND Boys.
Column 1. Column 2 Column 3. NAMES OF MEDICINES, MEDICAMENTS, ETC.
one and under. Twenty inclusive.
upwards. Sulphur (sublimed)
8 oz. Alum
3 Powdered ginger.
3 Sulphate of quinine
4 Olive oil
12 Spirit of turpentine
8 Bicarbonate of soda
16 Tartaric acid (powdered)
12 Goulard's extract
4 Dover's powder Essence of peppermint, each ounce to contain
1 dram of the oil Purging pills, each to contain of the compound
extract of colocynth 4 grains, and calomel 1 3 doz. 6 doz. 8 doz,
grain Ditto .powders, each to contain of calomel 2
grains, and compound powder of jalap 1
dram Opium pills, each to contain of opium 1 grain,
and Castile soap 4 grains . Emetic powders, each to contain, ipecacuanba 1
2 scruple, and emetic tartar 2 grains . Blue pills, 5 grains each Powders, sudorific, 10 grains of nitre, 10 grains of cream of tartar, and 5 grains of Dover's 1
3 powder Simple ointment.
16 oz. Mercurial ditto
4 , 8 Basilicon ditto
10 Blistering plaister
8 Adhesive plaister (in tin case)
1 yard 2 yds. 3 yds. Disinfecting fluid (Burnet's solution)
14 pints 28 pints 56 pints Tincture of rhubarb
12 oz. Opodeldoc
6 , 10 Paregoric
2 oz. 1 set 1 set 1 No. 1 No. 1 pair 1 pair 2 No. 2 No. 2
6 4 yds. 6 yds. 3
6 1 paper 1 paper 1 set
1 set No. 1 No.
Note 1.-Section 224 of the Merchant Shipping Act, 1854," contains the following provisions, viz. : - " The following Rules shall be observed with respect to medicines, medical stores, and anti-scorbutics; that is say:
(1.) The Board of Trade shall from time to time issue and cause to be published a scale of medicines and medical stores suitable to accidents and diseases arising on sea voyages. (2.) The owner of every ship navigating between the United Kingdom and any place out of the same shall provide, and canse to be constantly kept on board such ship, a supply of such medicines and medical stores in accordance with the said scale. And if, in any such ship as aforesaid, such medicines, medical stores, lime or lemon juice, or other articles, sugar and vinegar, as are herein before required, are not provided and kept on board, as hereinbefore required, the master or owner shall incur a penalty not exceeding twenty pounds; and if the master of any such ship, as aforesaid, neglects to serve out the lime or lemon juice, or other articles, sugar or vinegar, in the case and manner herein before directed, he shall for each such offence incur a penalty not exceeding five pounds; and if any master is convicted in either of the last-mentioned penalties, and it appears that the offence is owing to the act or default of the owner, such master may recover the amount of such penalty, and the costs incurred by him, from the
Note 2.-In ships employed trading solely between places in Europe, or between places on the shores of the North Atlantic or Mediterranean, and in ships employed in the Greenland or Baffin's Bay trade, or in any of the Northern Fisheries, the proportion of the various articles above mentioned need not exceed the proportions mentioned in the second of the above columns, notwithstanding that the number of men and boys may exceed twenty.
Note 3.-Passenger Ships which are certified under the 44th section of the “Passengers' Act, 1855,” to be duly supplied with medicines, need not be also provided with medicines or other articles according to the above scale.
MUSTER-ROLL is an account of the ship's company, stating their wages, engagement, etc. (for Form, vide Section VI.)
NEUTRALS.-As regards the rights of Neutrals in war, we are happy to be able to testify that Great Britain has, with very few exceptions, laid aside the barbarous practice of seizing all enemies' property; and with her ally, France, has adopted that most equitable law, that free ships make free goods. By Order in Council (annexed), it will be perceived that Her Majesty, on the 19th April, 1854, was graciously pleased to declare, that she will waive the right of seizing enemies' property laden on neutral ships, unless it be contraband of war (vide Contraband of War), and that it is not her Majesty's intention to claim the confiscation of neutral property laden on board enemies' ships. This, having become an international law, will be adopted in all subsequent warfare; and it is unnecessary for us to quote the arguments of the learned writers, Grotius, Puffendorf, Vattel, Bynkershoek, and many others on the subject.
By Order in Council, of the 15th April, 1854, the British Government allow all vessels, being neutral or friendly property, to import into any Port in Her Majesty's Dominions all goods not being contraband of war; and that all such vessels (except British) might trade with the enemies' ports, except they are in a state of blockade.
Such liberal and just principles clearly define the duties and rights
of neutrals, and any infringement of such a liberal policy must necessarily be proceeded against with the utmost rigour.
The treaties in which the rights of neutrals have been specially mentioned, are the following: 1655, 1677, 1713, and 1786, between Great Britain and France. 1669 and 1780 .
the Netherlands. 1810
Portugal. 1734 and 1766
ORDERS IN COUNCIL REFERRED TO.- At the Court at Windsor, the 19th day of April, 1854. Present :—The Queen's Most Excellent Majesty in Council.
Whereas Her Majesty was graciously pleased, on the 28th day of March last, to issue Her Royal Declaration in the following terms :
“Her Majesty the Queen of the United Kingdom of Great Britain and Ireland having been compelled to take up arms in support of an ally, is desirous of rendering the war as little onerous as possible to the Powers with whom she remains at peace.
“ To preserve the commerce of neutrals from all unnecessary obstruction.
“Her Majesty is willing for the present to waive a part of the belligerent rights appertaining to her by the laws of nations.
“ It is impossible for Her Majesty to forego the exercise of Her right of seizing articles contraband of war, and of preventing neutrals from bearing the enemy's despatches, and she must maintain the right of a belligerent to prevent neutrals from breaking any effective blockade which may be established with an adequate force against the enemy's forts, harbours, or coasts.
“ But Her Majesty will waive the right of seizing enemy's property laden on board a neutral vessel, unless it be contraband of war.
" It is not Her Majesty's intention to claim the confiscation of neutral property, not being contraband of war, found on board enemy's ships, and Her Majesty further declares that, being anxious to lessen as much as possible the evils of war, and to restrict its operations to the regularly organized forces of the country, it is not Her present intention to issue letters of marque for commissioning privateers."
Now it is this day ordered, by and with the advice of Her Privy Council, that all vessels under a neutral or friendly flag, being neutral or friendly property, shall be permitted to import into any port or place in Her Majesty's dominions all goods and merchandize what