Volume Eleven - Pre-Victorian to the Present Day - some more aspects - The Case of Price vs Livingstone at the Court of Appeal - 1882 . . .

The owners claimed the amount of one-third of the freight, but the defendants contended that there had been no final sailing of the vessel from her last port, and that, therefore, they were not liable.

Held, affirming the decision of Lopes, J., that the word " port " must be understood in its ordinary commercial sense; that the vessel had finally sailed as soon as she had left the port for the purpose of proceeding on her voyage without any intention of coming back; and that the owners were entitled to the freight claimed.

The defendants , on the 12th Oct. 1880, chartered of the plaintiffs a ship called the Buckhurst by a charter-party, which was partly in print and partly in writing. The material portions of the charter-party were as follows, the parts which were in writing being distinguished by italics :

It is this day mutually agreed between Messrs. W. B. Price and Co., owners of the good ship or vessel called the Buckhurst, and classed 100 A1, of the measurement of 1850 tons or thereabouts, now building in the port of Dumbarton, and Messrs. Livingstone, Briggs, and Co., merchants, that the said ship being warranted tight, staunch, and strong, and classed as above during the voyage, shall with all possible despatch proceed to Penarth Dock, Cardiff, and after being in a loading berth . . . .

shall there load a full and complete cargo of steam coals as ordered by the charterers, which they bind themselves to ship, &c.,&c., and being so loaded shall proceed to Bombay, or so near thereunto as she may safely get, and deliver the same, &c.,&c., the act of God, the Queen's enemies, fire, and all and every other the dangers and accidents of the seas, rivers, and navigation during the said voyage always mutually excepted. The freight to be paid on the quantity delivered at and after the rate of twenty-one shillings and sixpence per ton of 20cwt., or at the option of the agent of the P. and 0. Steam Navigation Company at the port of discharge on the quantity shipped . . . .

such freight to be paid as follows: - An advance of one-third by charterers acceptance at three months date and one-third at six months date from final sailing of the vessel from her last port in United Kingdom, clean bills of lading on charterers form for the cargo having been previously signed by the master and handed to the charterers, or at their option in cash within eight days from sailing under discount at bank rate, but not under £ 5 per cent. per annum.