SHIPPING INTELLIGENCE.

Nelson Evening Mail, Volume I, Issue 59, 12 May 1866, Page 2

SHIPPING INTELLIGENCE.

■ . AKEIYED. May 10, Rapid, schooner, from Havelock. 12, Wallaby, s , from Hokitika. Elizabeth, schooner, from Lyttelton. DEPARTED. May 10, Ann, cutter, for Waitapu. — Sisters, schooner, for Croixelles. — Necromancer, schooner, for Wairau. 1 1, Danish Beauty, barque, for Napier. — Jane, schooner, for Totaranui. 12, Airedale, s., for Picton and South. EIfTEEEP UTWA-EDS. May 11, Nelson, s., SS, Xeech, from Grey, in ballast. — Rapid, schooner, 15, Robinson, from Havelock. — Kennedy, 125, Whitwell, from Grey and Hokitika Passengers — Mr. Bryant, Mrs. Frost, Mr. Parsons, and 3 others. CLEARED OUTWARDS. May 10, Albion, s., 453, Kidney, for Wellington and South. Passengers — 34 original. — Airedale, s., 286, Meikleham, for Picton and the South. Passengers.- saloon — Mr. and Mrs. Graham, Mr. Douglass, Mrs. Bonnington, and 6 original ; second cabin— Mr. Day, 1 other, and 7 original. EXPECTED ARRITAIiS. Claud Hamilton, s., from Wellington and South. Konigin Augusta, barque, from London; sailed Feb. 13 Chance, barque, from Newcastle. : PROJECTED DEPASTURES. Kelson, s., for Wellington. Wellington, s., for Wellington. Claud Hamilton, s., for TaranaM and Manukau. Waiotahi, schooner, for Havelock. Florence, ketch, for Lyttelton. Wallaby, s., for Taranaki and Wanganui. Taranaki, s., for Taranaki and Manukau. Kennedy, s., for West Coast. Domitilla, schooner, for Chili. TESSELS IX EAUBOE. Taranaki, s. Nelson, p.s. Kennedy, s. Lyttelton, s., from Blenheim. Wellington, s. Wallaby, s. Highlander, brig. City of Nelson, schooner. Domitilla, schooner. Eclipse, schooner. Diana, schooner. Waiotahi, schooner. Elizabeth, schooner. Colleen Bawn, schooner. Thames, cutter. Unity, cutter. Supply, cutter. Rambler, ketch. Florence, ketch. Pearl, ketch. IMPORTS. Kennedy, from Grey: 3 qr-casks brandy, 30 cases do., 4 cases wine, Fisher; 15 half-chests tea, Bentley &Co. Rapid, from Havelock: 12,000 feet timber, Or der. EXPORTS. Airedale, for South: 10 bars iron, 1 case, Panama Co.; 4 hhds aie, Hooper & Co.; 5 casks biscuit, Johns & Co. ; 2 cases, Bain & Co. ; 8 half boxes soap. 10 j cwt. flour, Fisher; 74 hides, 11 calf skins, Bettany; 2 hhds ale, Harley & Sons; 1 hhd ale, Morrison & Co.; 1 trunk, Hale; 1 bale cloth, Webb; 1 pkg trees, Hale. We have been informed that Captain Mundle. late of the Wonga Wonga, s., recently lost at the Grey, lias since been appointed Captain of the Storm Bird, s. This step on the part of the managers of the N.Z.S.N, Company indicates that they exonerate him from blame in the loss of that vessel. The Taranaki, s., left Wellington on Thursday, at 3 p.m., arrived at Picton four hours afterwards ; left the next day at 6 a.ru., and arrived at Nelson at 2-30 p.m. Experienced fine weather throughout. The Wallaby, s., left Hokitika at 4 p.m. on Thursday, and arrived here this morniug at 12-30. Experienced light easterly winds and smooth sea throughout. She leaves again this evening for Taranaki and Wanganui. We append a notice of a. decision given in the court at San Francisco (reported by the Aha of 18th January last), which is of considerable importance to shippers : — " We publish to-day the opinion of Judge Hoffman in the case of the ship Tony. The libellant had some window glass on board the vessel, and it was broken ; and he sued for its value, The owner of the vessel based his defence on the fact that the bill of lading contained the words ' captain under no circumstances responsible for breakage.' The judge holds that the bill of lading is the contract between the shipper and carrier ; that all the rules of contract apply to it ; that there is no presumption that bill of lading was delivered to the shipper after his goods had passed beyond his control, and when he could no longer help himself; that a printed stipulation in a bill of lading has the same force as a written, one, and that the carrier may by stipulation relieve himself from the general responsibility, and from the burden of proof ; and that the stipulation in this case has that effect. If the stipulation had not been inserted in the bill of lading the shipper, by proving the breakage, would have been entitled to compensation, unless the carrier had shown that the breakage had been caused by something beyond all human control; but under the stipulation the burde:; of proof is

thrown on the shipper, and he cannot recover unless he proves that there was ' negligence in fact/ No stipulation can relieve the vessel of responsibility for gross carelessness. In this case no carelessness was proved, and no damage recovered. This is, we believe, the first time that this important question has been decided directly and explicitly in California. The old rale was that the carrier could not protect himself l>y any stipulation. The presumption of law and fact were all against him, but the severity of the ancient maxim is abandoned." The sliip Orient, 1,032 tons, Captain John Harris, which sailed from Adelaide November 1 Oth, brings the report that on Eriday, November 17th, at 7*15 a.m., when in lat. 51 deg\ 44 sec, and lon. 160 deg. 49 sec. E., with a moderate wind from RN."W., and a clear sky, the ship commenced ringing the bells and trembling violently, as if she were passing over a rough bottom in shallow water. In an instant all was confusion on board, as the crew and passeugers thought she was settling down. The violent trembling lasted two or three minutes, with nothing visible. Sounded the pump well and found no water, and sounded over the ship's side with the deep sea lead, but found no bottom. The conclusion arrived at by all on board was. that the ship had experienced the effects of a submarine volcano. — Globe.