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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Connachie Petitioner [1914] ScotLR 716 (19 June 1914)
URL: http://www.bailii.org/scot/cases/ScotCS/1914/51SLR0716.html
Cite as: [1914] SLR 716, [1914] ScotLR 716
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SCOTTISH_SLR_Court_of_Session
Page: 716↓
Court of Session Inner House First Division.
(Bill Chamber.)
Facts:
Where special application by petition is made by a person averring that he has a maritime lien over a ship, it is competent for the Lord Ordinary on the Bills to grant warrant to arrest the ship.
On 19th June 1914 Peter M'Connachie, writer, Greenock, presented a petition to the Lord Ordinary officiating on the Bills (Lord Anderson). He averred that he was the holder and endorsee of a promissory-note, dated 15th May 1914, for the sum of £850 granted by W. Grunberg, master of the German s.s. “Wm. Eisenach,” for value received for necessary disbursements owed by his said ship at the port of Stettin; that the period of payment was ten days after arrival (or upon collection of the freight if sooner made) of the said ship at the port of Greenock, or any other place at which her voyage might terminate; that the said ship arrived at Greenock (where her voyage
Page: 717↓
terminated) on 11th June 1914, and was at present lying in the James Watt Dock there; that while accordingly the period of payment under the promissory-note had not yet arrived, the petitioner believed and averred that in order to defeat his maritime lien over the said vessel for the amount of the promissory-note the master had made the vessel ready for sea, and unless the vessel was arrested would proceed at once to sea; and that the petitioner had unsuccessfully applied to the master of the vessel and to the agents for the owners for payment. The petitioner accordingly craved for warrant to messengers-at-arms to fence and arrest the said steamship.
In support of the application counsel for the petitioner referred to Clan Line Steamers, Limited, 1913 S.C. 967, 50 S.L.R. 771; and Lucovich, June 12, 1885, 12 R. 1090, 22 S.L.R. 729.
The
The following interlocutor was pronounced:—
“The Lord Ordinary having reported the petition to the Lords of the First Division, on their instructions appoints the said petition, with a copy of this deliverance, to be served upon W. Grunberg, master of s.s. ‘Wm. Eisenach,’ and designed in the petition, and allows him to appear at the bar of this Court on Tuesday, 23rd June 1914, at 10 o'clock a.m., and lodge answers to this petition within eight days after service, if so advised: Grants warrants to messengers-at-arms to arrest the steamship ‘Wm. Eisenach’ ad interim, and that on exhibition of a certified copy of this interlocutor, and appoints the execution of arrestment to be reported to the Lord Ordinary within twenty-four hours.” [No order was made for intimation on the walls and in the minute book, that not being the practice in the Bill Chamber.]
Counsel for the Petitioner— D. P. Fleming. Agent— Wm. B. Rainnie, S.S.C.