The Express.
London, England, 1866-12-12 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

COURT OF COMMON PLEAS.
Sittings at Nid Plus in London.—(Before Lord
Justice &rill and • Special Jury.) "".1
torrth •Airb °turas V. seam.
This cue occupied the whole of hicaday
and was concluded today. It was an action pea
of immense for 4= upon the homeward legergagril
ship Sir
Sir GeorWirrioayron Mr. Hannan, and
anveared for the plain ; and Mr. Edward Jams,
Q.C., and Mr. Cohen foe the defeadeat.
The plaietiffs, Messrs. Potter, Wilson, and on
merchants and shipowners at Glasgow ; and the del4;
was an underwriter at LiverpooL The Sir Huh,
Eyre was bat at Quasi) in 1856. She was arida&
classed AI. and her clam was renewed for ter; ysea
longer, • period whisk had nearly elapsed, when the sr;
jury in question was sustained. The plaintiffs wen*
owners of the yowl, but they had advanced money yd
helvesage, and they had taken possession and
La receipt of her earnings Oa the 7th g
April, 186!, she WWd from the Clyde for New ba
land, having on board a heavy cargo, 'large portion ot„.,
was iron, and also a number of goveniLeatemeugs.-3
the 9th of February, 1863, the plaintiffs c Clary
to Mr. De Mattes to bring him home a full cargo of
1,800 tons from Calcutta, at 41. a ton ; and ea the %IQ
February the policy for 4,000/. was effscted upon gg
freight ; and the insurance was whether the skip es
or not lost. The vessel arrived in Bluff Harbour, Newt
land, on the 23rd April, 1863. She remained in yy
for eight days, andafterwardstbecaptainprooeededb
the cargo, but an accident happened to one of the
and the consequence was that on the 16th May she dieli
from her anchors and took the ground. Every wow
was made to get her off, but
and sh
dide fouled her minu;
this inerem the difficulty, she not god A
the 22nd May. In consequence of the fouling a %sub
chore she again took the ground, and while 11,..
aground there was • heavy gale of wind, lug
a severe shock of earthquake. On the tlth JIM thy
succeeded in getting her off, but before they emu on,
her to a place of safety the again took the gra* ro
remained with her stern aground and her stem is dal
water. She was again got off with the spring tide el M
let July, and arrived at Port Chalmers on the Mt
July. She was then surveyed fa well as the eug
be at such • plasm, and it was thought that ale
was not seriously damaged, and it was recommended tisk
after undergoing certain repairs, she should prowei •
her voyage to Calcutta. There was, however' some ft
culty in raising the necessary funds, and the cassia sis
to write home for assistance, so that than was pak
delay in getting the repairs done, and it Me ad
until the 7th of June, 1864, that pile wind e
Calcutta. At that piece there were sorra I.
veys, and it was found that she was so snip
that it would cost more to repair her nu is
damaged
ebe worth when repaired. Under these esene
stances the plaintiffs gave notice of ebted.oeseee,
now tried to compel payment of their policy Kook
ground that there had been • constructive total L. its
next circumstane that happened was, that whilst shove
at Calcutta the terrible cyclone of the sth Octeter Feed
over that place and destroyed her.
Upon these facts the question raised was whether nu
happened in Bluff Harbour so damaged the nogg"
there was a constructive total loss and a good deli
evidence wan given by the plai; ntiffs to no,U out irk

case.
Mr. E. James afterwards submitted that there westalk
no case for the jury. That the ordinary rule that Gm
was a constructive total tom when the cost of the ma
would be more than the value of the ship when mad
did not apply in this case. The real test Ins vide
a prudent uninsured owner would have repaired the vswi;
and in this case he would, because not only would elm
be the value of the vessel when repaired, but the eim
tired freight home. To make out a construstive Galas
mi
in this case, therefore, it must be shown thatthe
of repair would exceed the value of the ship whet repaw,
and exceed also the net profit of the freight home. Is
other point was that the circumstances which hawed
after the vessel had been finally got clear of the gram( h
Bluff Harbour showed that the plaintiffs, by their seim,
treated the vessel as their own, and did not thinks at.
Further, it was said that a constructive total low ea
not be set tip here because such constructive low blOllll
afterwards merti in the actual total low which *pad
on the sth Octo r.
These points were, after some discussion, saved fare
gument before the full court, but it was also demand
there there were some points upon which the jet, set
be asked their opinion.
The case had proceeded thus far last evening, sad retie
assembling of the court this morning a renewed damis
took place upon the points of law: and after soma)
so spent, his lordship directed a verdict to be catered le
the defendant, and reserved leave to the plaintiffs team
the full emu t upon the questions of law.
COURT OF ADMIRALTY.
(Before the Right Hon. Dr. Lushington and Trisity
Masters.)
ACTION ST A STORM CONPANT.—THE EATCU}7.
This was an action for salvage services rendes] Wia
Storm Company at Gorleston, Suffolk, co :MAO
about 30 boatmen, to the Retcliff, of Colchester, si
bringing her into Yarmouth harbour. She was is
psis
steam-tug, and the rope gave way.
Dr. Deane, Q.C., and Mr. E. C. Clarkson lateral
plaintiffs, 'the Storm Company Mr. Mile, el, Qre
and Mr. V. Lushington were for the owners of the Bea
The assistance was rendered on the 20th January he
On one side the danger was alleged to have *spa
and on the other hand it was stated to be greatly at
gerated. A tender of 1001. bed been made which ea a
f used, and the only question was the smut tt
awarded. Witnesses were called and examined Mart
His lordship took occasion to mention that a saw
of affidavits had been filed by the defendants es a I
locality where the assistance was rendered, noce d
would he read, but he should rely ou the Lelpof CAM',
Master who sat with him.
The court will determine the amount to be mite
salvage services.