The Law Reports. Queen's Bench Division Volume 14

The Law Reports. Queen's Bench Division Volume 14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ... or there wl, is a bar at the mouth of the port, it has been the common course PoibdT B to discharge s0 much of the cargo into fighters outside the bar as will enable the vessel to go over the bar and discharge the residue of her cargo at the accustomed place of discharge higher up in the port. This practice is clearly recognised in the case of Brereton v. Chapman (1), where a vessel was chartered from Hamburg to Wells, or so near there as she could safely get, and it was held that the lay days were to be reckoned from the time of the ship's arrival at the usual place of discharge, and not at the port merely, although it was necessary for her to discharge some of her cargo at the entrance of the port before she could go higher up. The law and practice in such cases is very clearly stated by the late L.J. Lush, in Capper v. Wallace (2), where he says: "It cannot, we think, be laid down as an inflexible rule that when a ship has got as near to the port as she can get, and the only impediment to proceeding further is overdraught, the master is under all circumstances entitled to consider the voyage at an end. He is bound to use all reasonable means to reach the port. The words 'as near thereto as she can safely get' must receive a reasonable and not a literal application. The overdraught mav be such, and the cargo so easily dealt with, as that the surplus may be removed and the ship sufficiently lightened without exposing her to extra risk or the owner to any prejudice, and without substantially breaking the continuity of the voyage, and in such a case if the consignee is at hand to receive the surplus cargo and so relieve the overdraught, we are of opinion that it would be the duty of the master to lighten the ship and proceed to more

Product details

  • Paperback | 414 pages
  • 189 x 246 x 22mm | 735g
  • United States
  • English
  • black & white illustrations
  • 1236782488
  • 9781236782489