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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 8001., which they contended was an ample remuneration. The value of the property salved was 4,3601.
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. LISHINGTON.)
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 30,0001., and a tender was made of 1321., 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 4001.
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.
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. The 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 68., 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 New. castle 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 41 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. The action was commenced in 1848.
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.
ADMIRALTY COURT, MONDAV, MARCH 27, 1854.
(Before Dr. LUSHINGTON.)
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 2,3201.
Dr. Haggard and Dr. R. Phillimore appeared for the salvors; Dr. Addams and Dr. Twigs for the owners.
The learned JUDGĘ considered that a very meritorious service had been rendered, and awarded 6001.
PART THE SECOND.
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 concealed in any manner on board any ship or boat within the limits of any port of the United Kingdom, or be found either before or after landing to have been concealed in any manner on board any such ship or boat, within such limits ; then and in every of the foregoing cases all such goods shall be forfeited, together with any goods which shall be found packed with or used in concealing them. $ 209.
Permit.-Spirits and tobacco found removing without a legal permit or certificate for the same shall be deemed to be spirits or tobacco respectively liable to and unshipped without payment of duty, unless the party in whose possession the same shall be found or seized shall prove to the contrary. $ 210.
Ships with certain Articles in illegal Packages, 8c.-If any ship or boat, belonging wholly or in part to Her Majesty's subjects, or having half the persons on board subjects of Her Majesty, be found or discovered to have been within 4 leagues of that part of the coast of the United Kingdom which is between the North Foreland on the coast of Kent and Beachy Head on the coast of Sussex, or within 8 leagues of any other part of the coast of the United Kingdom, or if any foreign ship or boat having one or more subjects of Her Majesty on board be found or discovered to have been within 3 leagues of the coast of the United Kingdom, or if any foreign ship or boat be found or discovered to have been within 1 league of the coast of the United Kingdom, or if any ship or boat be found or discovered to have been within 1 league of the Channel Islavds, any such ship or boat having on board or in any manner attached thereto, or having had on board or in any manner attached thereto, or conveying or having conveyed in any manner, any spirits, not being in a cask or other vessel capable of containing liquids of the size or content of 20 gallons at the least, or any tea exceeding 6 lb. in the whole, or any tobacco or snuff not being in a cask or package containing, 2 cwt. of tobacco or snuff at the least, or being separated or divided in any manner within any cask or package, or any tobacco stalks, tobacco stalk flour, snuff work, or any cordage or other articles adapted and prepared for slinging or sinking small casks, or any casks or other vessels whatsoever of less size or content than 20 gallons of the description used for the smuggling of spirits, then and in every such case the articles, together with the casks or packages containing the same, and the cordage or other articles, casks, and other vessels of the description aforesaid, and also the ship or boat, shall be forfeited. $ 212.
Other illegal Cases. If any ship or boat be found or discovered to have been within any port, bay, harbour, river, or creek of the United Kingdom or the Channel Islands, having on board or in any manner attached thereto, or having had on board or in any manner attached thereto, or conveying or having conveyed in any manner, any spirits, not being in a cask or other vessel capable of containing liquids of the size or content of 20 gallons at the least, or any tobacco or snuff, not being in a cask or package containing 2 cwt. of such tobacco or snuff at the least, or being separated or divided in any manner within any cask or package, or any tobacco stalks, tobacco stalk flour, or snuff work, every such ship or boat, and such articles shall be forfeited; but if it be made to appear to the satisfaction of the Commissioners of Customs that such articles were on board without the knowledge or privity of the owner or master of such ship or boat, and without any wilful neglect or wa of reasonable care on their parts, then the Commissioners shall deliver up the said ship or boat to the owner or master of the same.
$ 213. Exceptions. --Nothing herein contained shall extend to render any
ship of 120 tons burden or upwards liable to forfeiture on account of any tobacco coming direct from the East Indies or the Turkish dominions, including Egypt, if in packages each containing not less than 100 lb. net of such tobacco ; nor on account of any snuff or negrohead tobacco the produce of and imported direct from the United States of America, if in packages each containing not less than 150 lb. net of such snuff or tobacco ; nor on account of any tobacco imported from Malta in packages each containing not less than 80 lb. net of such tobacco; nor on account of any tobacco the produce of Porto Rico, Mexico, South America, St. Domingo, Cuba, the British Possessions in America and the West Coast of Africa, if in packages each containing not less than 80 lb, net of such tobacco, and imported direct from those places or from the United States of America ; nor on account of any cigars, if in packages each containing not less than 100 lb. net of such cigars ; nor on account of any cigarillos or cigarettos, if in packages each containing not less than 75 lb. net of such cigarillos or cigarettos; nor to render any ship of 50 tons burden or upwards liable to forfeiture on account of any tea, or of any spirits in glass bottles or stone bottles not exceeding the size of 3 pints each, such articles being really part of the cargo of such ship; nor to render any ship liable to forfeiture on account
of any spirits, tea, or tobacco really intended for the consumption of the seamen or passengers on board during their voyage, and not being more in quantity than is necessary for that purpose ; nor to render any ship liable to forfeiture if really bound from one foreign port to another foreign port, and pursuing such voyage, wind and weather permitting: $ 214.
Ships in Port with a Cargo, and afterwards found in Ballast and Cargo unaccounted for.---If any ship or boat whatever be found within the limits of any port of the United Kingdom with a cargo on board, and such ship or boat shall afterwards be found light or in ballast, and the master is unable to give a due account of the port within the United Kingdom where such ship or boat shall have legally discharged her cargo, such ship or boat shall be forfeited. $ 215.
Search of Ships.- Any officer or officers of the army, navy, or marines duly employed for the prevention of smuggling, and on full pay, or any officer of Customs, producing his warrant or deputation (if required) may go on board any ship which shall be within the limits of any port of the United Kingdom and rummage and search the cabin and all other parts of such ship for prohibited or unaccustomed goods, and remain on board such ship so long as she shall continue within the limits of such port. $ 219.
Restoration. The Commissioners of the Treasury or of the Customs may, by any order made by them for that purpose, direct any ship, boat, goods, or commodities whatever seized under any Act relating to the Customs to be delivered to the proprietor thereof, whether condemnation shall have taken place or not, upon such conditions as the commissioners respectively may see fit. § 227.
Search of Persons–Obstruction-Denial.-Any officer of customs, or of the army, navy, or marines, duly employed in the prevention of smuggling, and on full pay, may search any person on board any ship or boat within the limits of any port in the United Kingdom or the Channel Islands, or any person who shall have landed from any ship or boat, provided such officer shall have good reason to suppose that such
person has any uncustomed or prohibited goods secreted about his person ; and if any person obstruct any such officer in going, remaining, or returning from on board, or in searching such ship or boat or person, every such person shall forfeit £100; and if any pas