140 LIMITATIONS OF LIABILITy OF CARRIER BY SEA. 



It has been held that this strict rule of the liability of a 

 common carrier, applies to the case of a vessel used 

 exclusively for the purposes of one person avIio engaged her 

 services for the voyage, (ct) 



By the Merchant Shipping Act, 1854, § 388: "No owner 

 or master of any ship shall be answerable to any person 

 Avhatever for any loss or damage occasioned by the fault or 

 incapacity of any qualified pilot acting in charge of such 

 ship, within any district where the employment of such 

 pilot is compulsory by law," but if the master is guilty of 

 contributory fault this provision does not free him. (6) The 

 mere fact that the pilot is on board does not relieve the 

 master and crew of their liability, (c) 



117. Statutory Limitations of Liability of Carrier by Sea. 



— By the Merchant Shipping Act, 1854f,{d) Part xi. sec. 503 : 

 " No owner of any sea-going ship(e) or share therein shall 

 be liable to make good any loss or damages that may happen 

 without his actual fault or privity ... to any goods, mer- 

 chandise, or other things whatsoever taken in or put on board 

 any such ship by reason of any fire happening on board such 

 ship." This section does not apply to foreign ships,(/) nor 

 lighters used in landing from a ship.(<7) By the Merchant 



(a) Liver Allcali Co. v. Johnson, 1872, L.R. 7 Ex. 267 ; Carver, § 5 ; but it has 

 been held that a bailee of a horse was excused from re-delivering it when it had 

 become sick and died without any neglect on his part, on the ground that this 

 happened by the act of God. Cases of this kind are now generally excepted, on 

 the ground that the loss is by a defect in the thing itself. But such a case may 

 fall within tlie definition of "act of God," if the defect or disease which has 

 caused the loss has been in no way caused by the act of man ( Williams v. Lloyd, 

 W. Jones' Rep. 179, cit. Carver, 10) ; The Ida, 1875, 32 L.T., N.S. 541. 



(b) The lona, 1867, L.R. 1 P.C. 426 ; Clyde Nav. Co. v. Barclay, 1876, L.R. 1 

 App. Ca. 790 ; Brett, L.J., in Guy Mannering, 1882, 7 P.D. 132-134. 



(c) Carver, § 32. 



(d) 17 & 18 Vict. c. 104. 



(c) Ship includes every kind of vessel not propelled by oars. See Ex parte Fcr- 

 ffuson, 1871, L.R. 6 Q.B. 280; The C. S. Butler, 1874, L.R., 4 Ad. and Eccl. 

 238 ; The Mac, 1882, 7 P.D. 126. 



(/) Cope V. Dohcrty, 1858, 27 L.J., Ch. 600. 



(g) Morcwood v. PoUok, 1853, 22 L.J., Q.B. 250 ; Uuntcr v. M'Goxm, 1819, 

 1 Bligh. App. Ca. 573. These cases were under Geo. III. c. 86, § 2. 



