PORT OF BLUFF HARBOR.
DEPAETTTEES. July 11 — Straggler, for Stewart's Island. July 11 — Three Sisters, 24 tons, Meadows, for Dunedin, with contractor's railway plant. Deck Loading. — The Court of Common Pleas has just delivered a judgment in a case of average in connexion with deck-loading, to which we invite the attention of our readers. An action had been brought last term, but, as the case presented peculiar features, the parties agreed to state a special case for the opinion of the Court, and the judgment referred to was delivered on the case so stated. The plaintiffs are the owners of a ship named the Shooting Star, and the defendant is a London merchant, who, in May, 1863, chartered the plaintiffs' ship to load at Quebec a complete cargo of deals, including a deckload, for delivery in port of London. After leaving on her homeward voyage, the Shooting Star encountered very severe weather, and portions of the deck cargo were jettisoned on two separate occasions, as alleged in the captain's protest, " for the safety and preservation of the said ship, her cargo, and all on board." The deals were duly delivered at the port of destination, less the portions jettisoned. The owners of the Shooting Star refused to contribute to the loss, and the charterer insisted on his right to deduct the ships contribution from the freight as for general average. Herce this action, which has terminated in judgment for the defendant thereby fixing the owners of the Shooting Star with liability to contribute, and pronouncing the jettison of a deck cargo a general, and not a particular, average loss. It is evident that the Court arrived at this conclusion after very careful consideration. The point to be decided was one which has greatly perplexed underwriters and average staters, and which led, some time since, to the adoption "by a section of the Social Science Association of a set of rules which, it is hoped, may become general. — Mitchell's Maritime Register, March 17. The Eailway Pier, at Sandridge, on Saturday afternoon presented an unusually busy and stirring aspect, in consequence of the departures of various vessels. The chief scene of excitement however, was in and near the Blackwall liner Dover Castle, where the indications of a crowded passenger ship about to proceed to sea were numerous and evident. This favorite ship, although she has had but a brief stay in port, has not only discharged her inward cargo, but has aIEO taken in a large freight of colonial produce for London. Her passenger accommodation has been filled up to its entire extent ; and she takes on account of the various banks about 45,0000z. of gold. The ship is in first-rate sailing trim, and her commander. Captain R. K. Deacon, is sanguine of a favorable run home. — Argus, 2nd July. The B.M.S.S. Ellora, IS". J. Skottowe, commander, steainefi fiom her anchorage yesterday j afternoon, at a few minutes past two o'clock with the European and Indian mails on board, in charge of Captain King, R.2f. In consequence of the increased consumption of fuel on her stormy passage from Sydney, the Ellora took hi an additional supply of coal before proceeding to King George's Sound. Captain Black, travelling superintendent for the Peninsular and Oriental Company, proceeds by her to place before the directors the result of his mission to these colonies with regard to the mail contract. Captain Black expresses himself satisfied, so far, with the reception accorded to his overtures, by the New South Wales Government. The views of the Victorian Government on the subject will follow Captain Black by the July mail. — Argus 29th June. Liverpool Apbh, Assizes. — Wixsojt and AXOTEEE T. THE BaJnK OF YICTOEIA. — (Before Mr Justice Mellor.) — Mr Milward, Q.C., and Mr Baylis, were counsel for the plaintiffs ; the Attorney-General of the County Palatine, and Mr Meliish, Q.C., were counsel for the defendants. This was an action to recover general average. The defendants had shipped on board the plaintiffs' ship (Royal Standard) £30,000 worth, of gold, to be carried from Melbourne to Liverpool. The vessel ran against an iceberg, and so injured her masts and sails that she was obliged to put into Rio to refit, and it was in respect of the cost of coal from Rio to Liverpool (it being considered that it was better to purchase coal and steam home than wait at Rio to repair the masts) that this claim for general average in respect of the £30,000 worth of gold was made upon the defendants. A verdict was taken for the plaintiffs, with leave to defendants to move to enter a nonsuit or the verdict for them. — Mitchell's Maritime Register.
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Southland Times, Volume VII, Issue 518, 13 July 1866, Page 2
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777PORT OF BLUFF HARBOR. Southland Times, Volume VII, Issue 518, 13 July 1866, Page 2
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