32

ADMIRALTY COURT, TUESDAY, FEB. 7, 1854.

THE HENDON.

This was a suit promoted by the yawl Dart to obtain salvage remuneration for services rendered to the brig Hendon, which on the 13th of September last went aground on the Hasborough sand. The value of the property salved was 3,970/.; a tender was made of 1807., and refused by the salvors.

Dr. Haggard and Dr. Jenner appeared for the salvors; Dr. R. Phillimore and Dr. Deane for the owners.

The learned JUDGE said, he was desirous of encouraging fishermen to engage in the rescue of vessels on the dangerous coast of Norfolk. He did not consider the tender sufficient; he would therefore overrule it, and decree 260Z.

COURT OF COMMON PLEAS, WEDNESDAY, FEB. 22, 1854.

BEDGOOD V. CODD.

The marine insurance companies connected with this case of the Condor, from which 88,000l. of gold was rescued off Pernambuco last June, have published a report of the trial. As, however, the case is likely to be a subject of further public inquiry, it is deemed unnecessary to give a further report of it here especially as the one already printed contains 39 pages, octavo.

ADMIRALTY COURT, TUESDAY, FEB. 28, 1854.
(Before Dr. LUSHINGTON.)

THE KINGALOCH.

This also was a case of salvage, and was instituted by the steam-tug Friend of all Nations against the brig Kingaloch. On the 26th of August last the tug was running down Princes Channel, at the mouth of the Thames, when she observed the brig, of the burden of 143 tons, bound from Newfoundland to London with a cargo of oil and seal skins, with an ensign flying at her gaff. An agreement was made to tow her to London for 40l., but after a short time the hawser broke; and it was then discovered that the vessel had sustained prior damage. The master of the tug then stated that the agreement must be considered as at an end, and, according to his account, he was subsequently engaged as though no agreement had been made. After great exertion, during which the steam-tug received, as alleged, considerable injury, the brig was brought safely to the London Docks on the evening of the 27th of August. On the part of the owners, it was contended that the original agreement was binding and valid, but a tender was made of 801, which the salvors rejected. The value of the property salved was 6,2007.

The learned JUDGE considered that, under the circumstances of the case, the salvors could not be bound by the agreement. He overruled the tender, and alloted 150l., with costs.

THE ELSWICK,

This likewise was a salvage suit, and was promoted by the steamer Mercator against the brig Elswick. The brig, coal laden, having been in collision with the Louise, was descried by the steamer about 14 miles from Whitby, on the 15th of October last. She took her in tow and conducted her to Shields, which occasioned her to diverge about 45 miles from her proper course. value of the property salved was 5,600l.

The

Dr. Haggard and Dr. Middleton were heard for the Mercator; Dr. Robinson and Dr. Twiss for the Elswick.

The learned JUDGE considered that a very meritorious service had been performed, and decreed 400l.

ASSISTANCE BY QUEEN'S SHIPS.

HOUSE OF COMMONS, FRIDAY, MARCH 3, 1854.

Mr. SANDARS asked the First Lord of the Admiralty what orders were issued to the captains of Her Majesty's vessels in respect to the assistance to be rendered to British vessels in distress at sea; and whether the masters or seamen who do render assistance to such vessels are allowed to make any charge beyond the expenses incurred by them in rendering that assistance.

Sir J. GRAHAM said, that the general orders of the Board of Admiralty, upon the question of salvage, had been laid on the table of the House last session. Under those orders it was the duty of the officers and men of the Queen's ships to render every assistance in their power to distressed merchant vessels, without any claim for any loss which might be sustained in rendering that service. The officers and men of the Queen's vessels were not permitted to raise any claim for salvage in any court of law, without the permission of the senior officer of the station, confirmed by the Board of Admiralty, and this was seldom given, unless the service were really of great importance. A a proof of that, he might mention that a short time ago one of the Queen's vessels met a large steamer in distress off the coast of Africa, and towed her 1,200 miles. Yet, though that might be called a very important service, the Admiralty did not think that it would be right to allow a claim for salvage to be instituted.

ADMIRALTY COURT, TUESDAY, MARCH 7, 1854.
(Before Dr. LUSHINGTON.)

THE ADVANCE.

This was an action brought by the steamer Ocean, and by the crews of two boats-the Nabob and the Princess-to obtain salvage remuneration for services rendered to the ship Advance, on the 18th of June last, near Holyhead. The Advance, of the burden of 1,600 tons, bound from Mobile to Liverpool, ran, as alleged, on some dangerous rocks on the Welsh coast. The boatmen went to her aid, and, as they represented, by their advice she was got off and, for security, taken into Port Griffith Creek. Information having been conveyed to Holyhead, the steamer Ocean, which had just arrived from Dublin, went to her assistance, took her in tow, and cleared her from the rocks. The vessel then pursued her course, and reached Liverpool in safety. The services of the steamer lasted about two hours and a half. The value of the property salved was nearly 60,0007. A tender was made to the steamer of 350., which she refused.

Dr. Addams and Dr. Twiss were heard for the steamer, Dr. Robinson and Dr. Bayford for the boatmen, the Queen's Advocate and Dr. Deane for the

owners.

The learned JUDGE was of opinion that great praise was due to Captain Hurst for the activity he had displayed in sending the steamer from Holyhead to assist the Advance. Her services had been of great value in rescuing the vessel from a situation of considerable peril. He must, under the circumstances, overrule the tender, and decree 7001. The other salvors had rendered some aid, and he would allot them 801.

ADMIRALTY COURT, FRIDAY, APRIL 21, 1854.

(Before Dr. LUSHINGTON.)

THE PARIS.

This was an action brought by the steam-vessel Douro against the French steamship Paris to obtain salvage compensation for services rendered to her from the 1st to the 3rd of December last, in conducting her from the middle of the Bay of Biscay to Plymouth Sound. The Douro, while prosecuting her voyage from Constantinople to Southampton, fell in with the Paris proceeding in ballast from Havre de Grace to Marseilles, entirely disabled in consequence of injury sustained by her machinery. She took her in tow, and, after great

D

exertion on the part of the crew and considerable straining of the Douro, brought her safely to port. On the part of the owners it was admitted that a beneficial service had been rendered, and they tendered 8007., which they contended was an ample remuneration. The value of the property salved was 4,3607.

Dr. R. Phillimore and Dr. Twiss were heard for the salvors; the Queen's Advocate and Dr. Deane for the owners.

The learned JUDGE considered that the tender, which amounted to one-fifth, was an abundant award. He therefore pronounced for it, and condemned the salvors in costs.

ADMIRALTY COURT, SATURDAY, APRIL 29, 1854.

(Before Dr. LuSHINGTON.)

THE AFRICA.

This was a suit promoted by the steamer Dumbarton Youth against the ship Africa, to procure salvage remuneration for services rendered to her from the 26th to the 29th of December, 1851, in the Old Calabar River. The Africa, laden with a general cargo, having taken the ground, the steamer was employed in lightening her and towing her off. In the first instance an agreement was entered into as to the terms of remuneration, but it was alleged by the salvors that it was subsequently abandoned by mutual consent. This, however, was denied by the owners. The value of the property salved was 30,000, and a tender was made of 1327., the amount of the agreement, which the salvors refused.

Dr. Jenner and Dr. R. Phillimore were heard for the salvors; Dr. Bayford and Dr. Twiss for the owners.

The learned JUDGE was of opinion that the agreement was cancelled, and that the tender was insufficient. He decreed 400%.

SEAWORTHINESS.

COURT OF COMMON PLEAS, GUILDHALL, JULY 7, 1853.

(Sittings at Nisi Prius, before Chief Justice JERVIS and a Special Jury.)

CHRISTIE THE YOUNGER V. TROTT AND OTHERS.

Mr. Crowder, Q.C., and Mr. Tomlinson were counsel for the plaintiff; Mr. Watson, Q.C., and Mr. Rew for the defendants.

The

This an action to recover damages on a contract, which stated that the plaintiff caused to be loaded on board the ship Harriet, of which the defendants were the owners, a cargo of haricot beans, to be carried from Liverpool to London. The breach alleged in the declaration was, want of care on the part of the defendants, and that their ship was not seaworthy. There was a plea, among others, that the loss was occasioned by perils of the seas. substantial question was whether on the 4th and 5th of June, 1847, the defendants' ship was seaworthy. The Harriet, having come into the St. George's Dock on the 26th of May, was placed in ber berth for loading on the 1st of June, and the plaintiff, a commission agent at Liverpool, loaded a cargo of beans during the 3rd, 4th, and 5th of June, the whole loading being complete on the 5th. On the 12th, while still in dock, a leakage was noticed, and the vessel, having been hauled on the gridiron and examined on the 19th, was found to have started a plank on her starboard, the third streak up next the stern-post; several butts on her starboard required caulking, and there was a weeping on the larboard, next the garboard. After being repaired and caulked, at an expense of 6s., she sailed for London on the 3rd of July, and arrived on the 24th. While in the St. George's Dock all her cargo of beans had been taken out, in consequence of the leakage; 67 quarters, after being kiln-dried

were sold at Liverpool as 50 quarters, and 420 quarters were carried to London and sold there; and the action was to recover for the deterioration and loss of market.

It appeared that the ship was 14 years old, and had been for 11 years A 1, was well built; and had carried wheat and other dry and heavy cargoes; and her voyages immediately previous to her arrival at Liverpool were from Newcastle to Teignmouth laden with coals, and thence to Liverpool laden with pipeclay; and that Teignmouth is a harbour where the ship floats all the tide round, so that she could not have been strained there, as the plaintiff contended; there was no water in her up to the 5th of June; whereas it would have been physically impossible for the water not to have come in while she was in the state she was discovered to be in when upon the gridiron. The defendants insisted that the injury arose from external pressure, and the mate proved that, being prevented by contrary winds from sailing before the 12th, she lay in the St. George's Dock alongside the floating chapel "with her starboard quarter against the chapel's starboard quarter," with several vessels on the larboard; that according to his custom, he sounded the pumps at 10 p. m. on the 11th, and found the vessel as usual. The log showed that on the 12th it blew fresh in the early part of the night; that the pumps were sounded, and 4 feet water in the hold, and hands were had from the shore to pump. A whole tier of windbound ships lay upon her quarter, and a large unloaded bark alongside, which he could feel bump against the Harriet, but which bumping he had not entered in the log, and did not know was usually done; that he came on deck at 4 o'clock in the morning, and alarmed the captain, and took in two fir fenders which had been smashed; and the evidence of the captain, and the carpenter who built the Harriet, was, that riding across moorings might cause such injury if the ship surged to and fro. There was also the evidence of a Mr. Winram, surveyor to Lloyd's at Liverpool, who surveyed her for damage and classification on June 19, that she was seaworthy to carry a dry cargo, and that on his report she was retained Æ; and also of Mr. Richie, Lloyd's surveyor for London, attributing the injury to the same cause. action was commenced in 1848.

The

The CHIEF JUSTICE summed up the evidence, and the damages not being left for the jury to assess, after retiring for half an hour, they found a verdict for the plaintiff.

DERELICT.

ADMIRALTY COURT, MONDAY, MARCH 27, 1854.

(Before Dr. LUSHINGTON.)

THE MINERVA.

This also was a case of salvage, and was brought by the steam-tug Pilot manned with 11 hands, against the schooner Minerva, of the burden of 98 tons, laden with a general cargo. The schooner was bound from Newcastle to London, and, having encountered a severe gale, was observed on the 6th of January last, off South Shields, in a state of great distress. The crew took to their boat, and in attempting to reach the shore were all drowned. The salvors at the peril of their lives, as they represented, succeeded in reaching the schooner, and brought her into harbour. The value of the property salved was 2,3207. Dr. Haggard and Dr. R. Phillimore appeared for the salvors; Dr. Addams and Dr. Twiss for the owners.

The learned JUDGE considered that a very meritorious service had been rendered, and awarded 6007.

PART THE SECOND.

SMUGGLING.

Dr. Johnson defines a smuggler as "a wretch who, in defiance of justice and the laws, imports or exports goods either contraband, or without payment of the customs." And Adam Smith says, "Smuggling is the most hazardous of all trades, and the infallible road to bankruptcy." In the language of Scripture, too, it may be said, "It is but labour lost that ye haste to rise up early, and so late take rest."

The regulations under this title are restricted to those only that are applicable to persons pursuing smuggling as a trade.

In other instances, such as mere inadvertency, or a casual slip of moral duty, they will be found in other parts as the case may be.-Ed.

British or Foreign Ships-False Places, &c.-All ships and boats belonging wholly or in part to Her Majesty's subjects, having false bulkheads, false bows, double sides or bottoms, or any secret or disguised place whatsoever, adapted for the purpose of concealing goods, constructed in such ships or boats, or having any hole, pipe, or device in or about such ships or boats adapted for the purpose of running goods, shall be forfeited; and all foreign ships or boats coming into any port of the United Kingdom having on board any goods liable to the payment of duties, or prohibited to be imported into the United Kingdom, concealed in false bulkheads, false bows, double sides or bottoms, or in any secret or disguised place whatsoever, constructed in such ships or boats, shall be forfeited. 16 & 17 Viet. c. 107, § 208. Aug. 20, 1853.

Goods unshipped without Payment of Duty, and Prohibited Goods-Goods concealed on board, and Goods packed therewith.-If any goods liable to the payment of duties be unshipped from any ship or boat in the United Kingdom (customs or other duties not being first paid or secured), or if any prohibited goods whatsoever be imported into any part of the United Kingdom, or if any goods whatever which shall have been warehoused or otherwise secured in the United Kingdom, either for home consumption or exportation, be clandestinely or illegally removed from or out of any warehouse or place of security; or if any goods which are prohibited to be exported be put on board any ship or boat, with intent to be laden or shipped for exportation, or be brought to any quay, wharf, or other place in the United Kingdom, in order to be put on board any ship or boat for the purpose of being exported; or if any goods which are prohibited to be exported be found in any package produced to any officer of customs as containing goods not so prohibited; or if any goods subject to any duty or restriction in respect of importation, or which are prohibited to be imported into the United Kingdom, be found or discovered to have been con