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

A. L. Smith, for the plaintiffs, was not called upon.

Jessel, M. R. — This case raises a simple point on a charter-party, which is partly in print and partly in writing. [His Lordship here read the material parts of the charter-party, distinguishing the parts in print and in writing.] Stress has been laid on the words “ last port ”, but I am not much struck by them.

If only one port is mentioned, it might be correct to strike out " last ” from the printed form, but if there is only one port it must be but first and last, so I do not think that any stress is to be laid upon the expression.

The question then is, what is meant by sailing from the last port? The word “ port ” must be understood in its ordinary commercial sense. There are ports which, like the port of Cardiff, extend miles for fiscal purposes, but they are not, for commercial purposes, to be treated as having that extent.

This vessel was towed out to sea in the Bristol Channel, and had got seven or eight miles out of the port in its ordinary commercial sense. It was urged that she was driven back to Cardiff, and so had not finally sailed. That she was driven back is, to my mind, immaterial for the present purpose.

She 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. It can hardly be seriously suggested that she had not " sailed " within the meaning of the charter-party, because she was in tow and her sails were not set. What is meant by “ sailing ” is departure from the port for the purpose of proceeding on her voyage.

Sir James Hannen. — The case of Hudson v. Bilton (ubi sup.) suggests the meaning of " final sailing; " the vessel must have got out of port ready for her voyage and for the purposes of proceeding on her voyage.

It was held in that case that the vessel had not finally sailed, because her papers were not on board. In the present case everything was ready, and the fact that the vessel was driven back by stress of weather does not entitle us to say that she had not finally sailed.