Towage
- A Towage service may be described as the employment of one vessel to
expedite the voyage of another, when nothing more is required than
accelerating her progress.
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- The High Court has admiralty jurisdiction to hear and determine any
claim in the nature of towage, whether the services were rendered within
Indian waters or on the high seas. In order that the owner of the tug may
recover the amount of remuneration, if disputed, from the owner of the
tow, the claim must, whether specified at the outset or not, be
reasonable, and, if the sum was agreed, it must be certain, nothing extra
being payable, beyond the fixed amount, for an alleged subsidiary service,
such as delay in the transit and the tug must have fulfilled her
obligations.
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- Although the contract between the owner or master of the tug and the
owner of the ship requires the tug to obey the directions of the shipowner
and act as his servant, and though the tug and tow are, for the purposes
of rendering the ship in the tow subject to the rules of navigation
applicable to steamers, regarded as one vessel, it has been laid down
that, as the employment of the tug is a voluntary act on the part of the
shipowner, and not, like the employment of a pilot, forced upon the
shipowner by compulsion of law, the contract between tug and tow does not
affect third parties. Therefore, if a steam tug towing a vessel under a
towage contract comes into collision with a third vessel, it is no defence
to an acion by the owners of the third vessel against the tug that the tow
was in charge of a pilot by compulsion of law whose default solely
occasioned the collision.
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- Ordinary towage is confined to vessels that have received no injury or
damage, and mere towage reward only is payable in those cases where the
vessel receiving the services is in the same condition she would
ordinarily be in without having encountered any damage or accident.
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- In ordinary towage all that is stipulated for on behalf of the vessel
towing is, that she shall receive the ordinary reward which is paid in
compensation for that towage services but there are two species of
agreement which may be entered into by a vessel, whose usual occupation it
is to tow vessels from one place to another. One is, where she meets with
a vessel disabled, and where she undertakes, for any sum agreed upon
between the parties, to perform the services of bringing the vessel from
one port to another, or a place of safety. This may be called
extra-ordinary towage, because it is not in the ordinary occupation of the
vessel, and not to be considered ordinary towage.
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- Though an action in rem lies, ordinary towage services do not give
rise to a maritime lien.
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- BCAS: 2102-1013
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