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

The vessel loaded a full and complete cargo at Penarth Dock on the 14th Jan. 1881, and was ready for sea the next day.

A steam tug towed her out on the 16th Jan. for seven or eight miles to a point out in the Bristol Channel, about three miles from Lavernock Point, when, the weather being threatening, the captain anchored her.

The vessel continued anchored until the 18th Jan., but the violence of the wind caused the cables to part, and ultimately she was driven back and went ashore on Penarth Beach.

The captain ordered a portion of the cargo of coal to be heaved overboard, and the remainder was damaged by the sea-water.

The vessel had never left the port of Cardiff as defined in the Gazette for fiscal purposes, although, taking the port in its ordinary commercial sense, she had left it and had been out at sea.

The plaintiffs claimed 1056l., (£1,056) the amount of one-third of the freight.

The defendants contended that there had been no “ final sailing of the vessel from her last port in the United Kingdom ", and that, therefore, they were not liable.

At the trial of the action, before Lopes, J. without a jury, judgment was given in favour of the plaintiffs.

The defendants appealed.

Hollams for the appellants. - The question turns upon the construction of the charter-party. The charter-party was designed to meet the case of a ship being driven back to port, and then the owners, having secured their freight, not being in a hurry to get off again. The vessel was never outside the port of Cardiff as defined in the Gazette for fiscal purposes. She had not finally sailed, and was driven back so as to be within the limits of the port in its ordinary commercial sense. If the vessel were driven by stress of weather into any port in the United Kingdom, such port would covered by the words “ last port." [ Sir JAMES HANNEN referred to Roelandts v. Harrison (9 Ex.444 ), as to the limits of the port of Cardiff, and to Hudson v. Billon (6 E. & B. 565), as to final sailing .]