SEAWORTHINESS OF SHIPS. Court of Queen's Bench, December 18. SMALL v. GIBSON.

New Zealander, Volume 5, Issue 427, 18 May 1850, Page 2

SEAWORTHINESS OF SHIPS. Court of Queen's Bench, December 18. SMALL v. GIBSON.

Mr. Justice Coleridge delivered the judgment of the Court in this case. The action was upon a time policy of insurance which had been effected upon the ship Susan, from the 25th September, 1843, for one year. At the trial the jury gave a verdict for the defendant in the terms of the plea, which alleged that the vessel was unseavrorthy at the time when the risk attached. The plaintiff subsequently moved to enter judgment non obsiante verdicto, on the ground that there was an implied warrant of geaworthiness in a time policy. Upon the argument many cases were cited trom foreign ancUAmerican jurists in lupport of that position ; and it was said that this was the first time the question had been raised in an English court. The court had taken time to consider their judgment,, not from any doubt which they entertained, but in order that they might have an opportunity of considering the authorities which had been cited, The opinion of the whole Court wai, that there was no difference in the case of a time policy as to the implied warranty of seaworthiness. The doubt had risen from the uncertainty which might exist as to the place or condifon in which the vessel might be when the risk attached; and it was taid, that to imply a warranty of seaworthineu in such a case would be an extension of the rule beyond which it had as yet gone, and which would be highly inconvenient. But since the cases of " Hollingworth v. Brodrick," and «« Sadler v. Dixon," it must be considered as settled that a warranty of seaworthiness extended to time polities as well as to other policies, and that it commenced when the risk attached. The plea was therefore good, and the defendant was entitled to judgment.

The Maukin is but eighty days out from Auckland. We understand that a mutinous outbreak occurred, after the arrival of this re»iel in port yesterday afternoon, in which the mate was concerned but **, when our informant last saw the brig that officer was swinging ovec the main chains, securely attached to a rope, *nd bawling most lustily, it is presumable that it was not very serious.— Sydney Herald, April 27. Frightful Mortality on Board the Lady Montagu.— The ship Lady Montagu, 763 tons bur« then, Smith, put into this port on her way to Lima, the capital of Peru, on Friday evening 1 last, having a number of Chinese labourers on board, and two cabin passengers. She is in want of fresh water and hupplies. The Lady Montagu left a small port on the Canton River, on the 17th February, having on board, including passengers and crew, not less than 500 SOUls. The vessel touched at Sumatra, which port she left in the beginning of March. In a few days after her departure from that port frequent cases of mortality happened on board, and several suicides took place by the emigrant Chinese, who had given themselves up to despair. The water proved sour and bad, and the fish became putrid. Dysentry subsequently appeared amongst them, and deaths occurred daily. Upon their arrival hera the the frightful number of 170 deaths had occurred from disease, suicides, and casualties imongst the emigrants and crew, and six more had ensued since their arrival. She was imme. diately placed in quarantine, and communication with the shore w»3 restricted according to regulation. Every attention was paid to fumigation and cleanliness under the orderi of Dr. Dawson, Principal Medical Officer. There are now 270 of the Chinese labourers remaining ; they are perfectly free from disease, but in a weak aud c'ebilitated condition.— Hobart Town Courier, April 20. The Arctic Expedition.— We take the following from the Times, 21st December .—-"The Enterprise and Investigator, vessels commissioned to proceed on a searching expedition to Behring's Straits, will be out of the bands of the shipwright's at Woolwich dockyards on the 29th instant, and will almost immediately after proceed, in the first instance, to the Sandwich Islands. Bills have been issued stating that able seamen are wanted for both vessels , and that double pay will be insured to the crews on rounding Cape Horn. Lady Franklin it in town every day, and still unceasing in her efforts to insure a further search for her gallaut husband, Captain Sir John Franklin, and the officers and crews of the Erebus and Terror. It is gratifying to know that several distinguished officers of the royal na*y are aiding her ladyship, and it is expected two gallant officers holding the nmk of comBounderi will proceed early in the spring to the. arctic

regions, one in one of the Hull whalers and the othb in a whaler belonging to Peterbiad. These ofrficei will not take any command in the whalers, but simpl lend their aid and advice when they reach Davii' Strait Lancaster Sound, or any other place in the arctic re gions where there is any probability of meeting wit! any of the parties of the missing expedition. It mm be satisfactory to the public to know that such grea exertioni are about to be made in the etuuing season' and it is to be hoped the result will realize the moi sanguine expectations of the friends of the absen voyagers." — Hobart Town Courier, April 16.