The Northern Daily Times.
Liverpool, Merseyside, England, 1856-01-19 00:00:00

Vie to t

..iieged unseaworthiness of their
ulicienteomplernent of " able seamen"

The first of theSe objections is in
‘ll founded, more especially at
'great and sudden increase of
'-s and elsewhere has led to

When the

ny ships being taken up for servic(
its of which they are quite unequal

ienecd men

S to the require

The number of

ployed in ships is also at present
men belonzing to twenty-seven

rxtrts,.ha•%e lately signed a memorial to the

recomm

lowing t

this state of thi
e :—" We hum

ai tit fut. Oom-tr
s, mates, car

, uoing, protect the
helpless emigrant. Your memorialists do not ask that
owners shall keep their vessels in port. They only ask
to be relieved from their engagement if a vessel is proved
to be unseaworthy, and that other seamen may take their
berths, and venture their lives, if they so please." As to
the equity and legality of the seamen's claim for sea-
worthy, and properly-manned, ships, the Queen's Advo-
cate-General, the Attorney-General, and the Solicitor-
General have given the following opinion :—" 1. We
are of opinion that there is an implied condition on the
part of the shipowner that the ship shall be seaworthy.
2. And that if the ship is not seaworthy, and the seaman
refuses to go to sea in her on that ground, he cannot be
treated as a deserter or punished under the enactment
referred to. But the burden of proof will lie on the
seaman ; he must establish the unseaworthiness of the
vessel. 3. If the seaman apprehended for desertion
alleges the unseaworthiness of the ship in his defence,
it will be the duty of the court which bears the case to
examine into the question, as it would into any other
disputed question of fact that might arise before it ; and
it must dispose of the question on such evidence as may
be laid before it, bearing in mind, as we have before
said, that the burden of proof is on the seaman. 4. We
think that the seaman is justified in refusing to go to sea
in the ship on the ground of her unseaworthiness, and
may maintain an action to recover his effects if detained.
5. On the authority of the case ' Priestly v. Fowles'
(3 M. and W., p. 1), we are of opinion that a seaman
proceeding to sea in an unseaworthy ship, and sustain-
ing injury in consequence, could not maintain an action
and would be without a remedy against the owner.
6. We are of opinion that there is an implied condition
on the part of the owner that the ship shall be manned
by a crew sufficient to navigate her with reasonable
safety; and that if she be not so manned, the conse-
quences will be the same as though the ship was unsea-
worthy."

4/iee-n, set-

IT for redress.

our Majesty will
he propriety of

ipvvrights,

of a ship, the
n unseaworthy

vessel, or her equiprnen

THE SpEAKEusuir.—'We learn from a quarter which
we have every reason to think well informed that Mr.
Shaw Lefevre has no intention as yet of tendering his
resignation of the Speakership.

The Court of Directors of the East India Company pur-
pose to invite Sir George Pollock to sit for his picture to
be hung up in the Examination-hall at Addiscombe. Mr.
Grant is the artist selected.

Queen Maria Christina is about to marry her second
daughter to Prince del Drago, the heir to a considerable
fortune. It is this princess who was on the point of
espousing Prince Corsini, son of Count de Casigliano,
Tuscan Minister of Foreign Affairs, but the prince died
while the preparations were going on.

BERLIN, JANUARY 15.—Several Princes of the Ger-
manic Confederation are about to assemble here.
The Prince Regent of the Grand Duchy of Baden,
the Grand Duke of Saxe Weimar, and the Hereditary
Prince Presumptive of Anhalt Dessau, will arrive to-
morrow. The Prince of Helenlohe arrived this day
from Vienna.

THE PRUSSIAN MERCHANT NAVY.—An official return
jest published at Stettin shows that the merchant navy of
Prussia at the beginning of the present year consisted of
900 vessels, of 139,368 tons burden, which is 13 vessels and
3,275 tons more than at the corresponding period of last
year. In the course of last year 67 vessels were built, but
SO others were lost and 14 sold.
Illessenger.
or Miss HINDS.-Seven persons have been
gin], charged with being concerned in the
ti one exception,

the est

They are,

A man

Vltirphy, from the county
cipal, and Thotna3.Duna.
irator and concoctor of th

of Leitrim, .is
ac-
s charged
_as beine

the chief cc

bolical offe;

AMWAY EEFORM —WO perceiv(

from a .public an

nouncement, that a* a preliminary
interested in railway property, it was.
highly expedient to call a public meet
take into consideration the seriously
their property; and especially to consi
propounded, which it is confidently
further depreci

of gentienaen
" that it is

areholders to
,eiated value of
a plan then to be
ved will arrest
, and speedily place railway property in
ndition." In raccorddrice with this
resolution, a meeting will be held at the London Tavern, on
Tuesday next, the 22nd instant.

healthy có