The earliest firm decision in the English common law on towage was Re The Princess Alice in which it was stated that:
"(W)ithout attempting any definition that may be universally applied, towage service may be described as the employment of one vessel to expedite the voyage of another when nothing more is required that the accelerating (of) her progress."
Towage implies that there is no danger at hand or, to use the words of the 1875 case The Strathnaver no "actual (or) imminent probable danger."
In The Reward, the Court stated that towage was:
"... confined to vessels that have received no injury or damage...."
Towage is usually, but not always, provided by specialized vessels commonly referred to as tugs or tug boats and towage can also refer to the money due for towage services as in "towage fees".
Finally, salvage is to be distinguished from towage, the distinction being of great importance.
In Westrup, lawyers argued vigourously for a finding that there was a maritime lien in regards to towage but the Court ruled against the then-novel proposal.
In the result, as stated in Volume 1(1) of Halsbury's Laws of England - Admilralty Law:
"Although there is a maritime lien in respect of salvage, there is no maritime lien in respect of towage."
REFERENCES:
- Duhaime.org wishes to thank Mr. Darren Williams, maritime law lawyer of Victoria, British Columbia, for his assistance in suggesting this definition.
- The Princess Alice 3 W. Robinson's Admiralty Reports 138; also at 166 English Reports 914.
- The Reward 1 W. Rob. 174; also at 166 English Reports 538
- The Strathnaver 1875-76 1 Appeal Cases 58, at page 65.
- Westrup v Great Yarmouth Steam Carrying Company 43 Chancery Division 241 (1890)