THE "CLAN COLQUHOUN."

(1936) 54 Ll.L.Rep. 221

ADMIRALTY DIVISION.

Before Mr. Justice Bucknill.

Towage-Contract-Collision between tug B belonging to Port of London Authority (plaintiffs) and defendants' steamship Clan Colquhoun in Tilbury Main Dock-Plaintiffs' tugs S and B engaged to tow vessel from lock to berth - S towing ahead - B manoeuvring to make fast-Vessel using her engines-Following notice exhibited on vessel: "Notice. Twin screws. Keep clear of blades"-Tug struck by vessel's starboard propeller -Claim by P.L.A. in respect of damage to tug-Counterclaim by defendants in respect of damage to vessel-Provision of Port of London Dock By-Laws, No. 19, that "No person shall work, or caused to be worked, the propelling engines of any ship in the dock for any purpose except with the previous consent of the Dockmaster, and at such time and place and in such manner as he shall approve. Penalty £5. Such consent is only given (if at all) on the terms that the person on whose behalf the application for the same is made will be responsible for all damage caused by working such engines and will indemnify and save harmless the Authority and its officers against all claims in respect of such damage"- Evidence as to universal practice of vessels navigating through dock to use their engines to assist in towage and that no complaint about such use had been made by P.L.A.-Applicability of by-law-Tugs engaged under towage contract providing (inter alia): (1) that the towage must be deemed to have commenced when the tow rope was passed to or by the tug and to have ended when the tow rope was finally slipped; (2) that during the towage the master and crews of the tugs ceased to be under the control of the P.L.A. and became subject to the orders and control of the master of the vessel towed; (3) that the P.L.A. were bound before and at the beginning of the towage to exercise due diligence properly to man the tug; and (4) that "the owner or owners of and/or the person or persons interested in the ship vessel or craft so being towed or transported hereby agree and undertake to bear and pay for any loss of or damage to any of the Port Authority's property (including the tug or tugs engaged in such towage or transport) or premises occurring in the course of and in connection with the towage or transport which may arise from or be occasioned by the following causes perils or other things, viz.: perils of the seas rivers or navigation, collisions . . . whether such causes perils or other things have been caused or contributed to by the negligence default or error of judgment of any officers or servants of the Port Authority whatsoever. . . ."-Whether towage had commenced at time of accident - Interpretation of clause where two tugs are employed-Temporary master in charge of tug B- Whether tug properly manned.