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

It is said that she had not finally sailed from her last port, but as only one port is mentioned, “ last port " must mean the port of Cardiff.

It has been contended that, as she was driven back, the port into which she was driven was her last port, and that she never sailed from it.

But this cannot have been the meaning of the charter-party, for it would leave it undetermined when the bills were to commence running, until it was ascertained that she had not been driven back into any port in the United Kingdom. The port from which a vessel starts, intending to go on a voyage, is her last port.

Lindley, L. J. - The question is, whether this vessel had finally sailed from her last port in the United Kingdom.

Final sailing, I apprehend, means getting clear of the port for the purpose of proceeding on a voyage. Here the vessel left the port of Cardiff with no intention of going back. If a vessel goes seven or eight miles from Penarth Dock she is out of port, for she is fairly at sea. I think that no great weight is to be attached to the word “ last " as it occurs in a printed form.

Appeal dismissed.

Solicitors for the plaintiffs, Parker and Co.
Solicitors for the defendants, Hollams, Son, and Coward

The foregoing report was published within The Law Times Reports of Cases Decided In The House of Lords, The Privy Council and The Court of Appeal, Volume XLVII September 1882 - February 1883. [1014] [488]