Northern Times.
Liverpool, Merseyside, England, 1857-09-04 00:00:00

DOCK COMMITTEE.

The usual weekly meeting of this Committee was held
at cne o'clock yesterday, in the Dock Offices, Mr. Charles
Turner in the chair. The other members present were :
Messrs. Holden, R9binson, Halbead, 310ndel, Smith,
Chilton, Anderson, J. Holme, Hubback, Bold, P. Little-
dale. Rounthwaite, Palmer' Clint, and Lockett.
The Sub-Committee of Works recommended that the
tender of Mr. Thomas Atkinson, builder. of Llandudno,
for the repairs to the station.house at Great Ormshead
be acceepted—Confirned They also -recommended that
600 square yards of land at Rake-lane, be let to .Humble,
Grayson and Co., for storing timber at a rent of ls. 6d.
the square yard; and that 5 000 square yards vf land at
the south-west corner of the timber storing ground at
the Huskisson Dock be fenced off, and appropriated 'for
a timber bonded yard, a rent of lid. per square yard per
week, to be paid by the patties using the same.
Mr. Mortn-an observed that it will a small rent, and that
furthermore, the committee would want the ground imme-
diately. They had plenty of waste gerund, inside of this
plot, andhe could not see why it should not be appropriated
for a bonded timber yard.
The CIIAIRM iN observed that he considered the rent a
fair one, and that they-could at any time get -up the ground
at a very short notice.

The recommend ion; were corfi,mcd.
The tender of J. R. Fletcher and Co., for brushes, &c.,
wag accepted.

The Hatbour Master's department submitted an appli.
cation from Allan and Gillespie for the appropziation of
a portion of ground adjacent to the .permanent berth of the
Montreal line of stetmers in the Wellington dock, and
recimmeaded that 625 square yards of the east part of
she south 'quay of the IN'ellington half tide-dock, be
appropriated for the purpose, at a rent of ld per square
yard per week. confirmed.
On the recommendation of the department, -203 was
gran•ed to William Morton, do& gate man, for jumping
into the Prince's dock and saving the life cf a drowning
man.

A letter wits read from Mr fohn F. Dixon, containing
suggestions for the prevention of collisions in the river in
time of frgi
The CHAIRMAN observed that they had no-power to deal
with it, but that the New Trust would

Ir. BOLD : Then refer it to the New Trust. (Laughter.)
At present the Corporation can alone deal with it, and it
would take theta four months to pass a bye-law for the
purpose.
Mr. J. HOLM observed that the suggestions were of a
very practical character, and deserved consideration.
The letter was referred to the Marine Committee.
A letter was read fro-it Captain Reid, manager of the
Birkenhead ferry, for a berth at the new landing-stage for
the local traffic boat.

Mr. ROUNTIM-A.ITE asked if it were intended to give per-
manent berths at the new landing-stage?
The CHAIRMAN replied that the Marina Sub-Committee
had not as yet considered the subject. but he apprehended
they would not appropriate permanent berths at the stage
Mr. 3lostyln ob3erve3 that to grant permanent berths
would be, in fact, to give up the stage t) four parties.
The CHAIRMAN said it should be known that the stage
was intended for channel freemen, acd not for river

steamers.
Mr. J. HARTLEY said thst the low decks were intended
for the tenders of ocean steamers, not for river steamers.
The letter was referred to the Marine Sub-Committee,
as was also a letter from Messrs. Willoughby on the same
subject. •
A letter was read from Mr. H. J. Ward, applying, on
behalf of the St. George Steam-tug Company, for an office
on the stage.
Mr. BOLD said that they would have Eke offers from all
the steam-packet companies.
The letter was referred to the Marine Committee.
A letter was rt.ad from Me. Evens of Chepstow, offerirg
for sale for the purposes of warehouses, a statute acre of
ground near the Stanley Dock.
The CFRIRMAN said the committee had no power to
entertain the offer.
A. letter from Mr. C. Etubbo, applying for a plot of
ground at the SandQn Graving Dock, fx the purposes of
a spar yard, was referred to the Works Committee.
A letter was read from Mr. P. F. Curry, coroner, calling
attention to the danger of Knott's hole as a bathing place
-Last year eight people were drowned there, and two people
have been drowned there this summer
Mr. J. HAiti LIT' said, that Knott's hole was a long way
south of their property.

SURPLUS COORGO.
Mr. BOLD in pursuance of notice moved for a return *otn
the Stanley, Albert, and Wapping arehouses of alt the
surplus cargo received since the opening of the docks,
with the dste, the ship's name, description of produce, if
sold, the date of sale, the amount of net proceeds; and to
what account the amounts were pasted. He observed
that it would be well:before adopting the motion, if the
solicitor read the' case submitted to counsel on the subject,
and also the opinion.
The .80nIciT0ii (Mr. North) then read the following :
C SE.
It very often happens, and is especi.aly consequent upon the hurry
in which business is Frans toted at the American ports, that two or
three bales of cotton, or as many casks of Mar, bags of tire or anger,
or other small quantities of produce are brought by ships in excises of
the cargo partlealarlee iis the bills of lading ; and • difficulties and
some differ, nee of opinion have arisen as to the course which the deck
trustees ongat to pursue with refereece to such goaas, which have
now come to be denomiea ed by the term "=pine cargo." In the
fotowlts,g statement each vie, shall be given as accorat-ly as may be,
an order that, on your advice, soma uniform and ce-tain r,de may now
be adopted :
But , first, as to the facts: The practice in 'he discharge of a slip
into the Liverpool dock warehouses is as follows :—A copy of the
m anifeg (see blank printed form herewith) is filled np by the consig-
nee of the t hip with an eaumeraiien by their marks and numbers,
and other particalsrs, of all the goods brought by the ship, as far as
they are then known to the maser cr his cons!gnees front the tilts of
lading ; and you will observe that the copy manifest closes with an
authority a gned by the master to the trustees, to deliver the goods
so eauaaeratcd to the hnliersof the bit's of lading. So icon vs the
manifest is delivered, ar.d the cargo duly entered at the customs, the
discharge commences, and proceeds until ih w.:ele cargo has been
retried on the quay, and is ia process of being assorted—and when
need'ul weighed, wh ch process frequently enntinues for seve-al days
alter the !hip has left the dock. The fact, therefore, of the existence
of serplus cargo, remains unk.:own until soch assortment is completed
when all the bills e lading bearg found to be satisfied, the residue, i;
'any, necessarily cornea toile so dezomittated; and it also foilows that.
though soca strp' us is delivered to the d"ck trustees Ly the master,
along with the rest of the cargo, it is delivered without being particu-
larised in tare manifest, beeaure, being in excess of the tells of lading,
the captain is ignorant when he signs the manifest that he has any
surplus art cles. cot board. On the discovery of such sarphas, the
folioe ing is the course pursued : —lf, for instance, there be 103 bags
of rice for ere :onsignee, and two more them that number are turned
cut of the ship bearing the same mark as the 100, then the
two extra tags are, without hesitation, delivered to the cerislgnee 0
the 100 upon an indemn'ty ; art", oa the master bring satisfied, the
extra freight ; and this is done heeiene it is evident, un'er these
circumstances, that the curpins quant ty wets intended, though by
mistake for the consieroe of the 110. begs, end it assumed that he
will rectify that na.sta'ito by his ace' nnt sajes, nut there is another
case, and on which alone, unit as you ellen be of opinion that the
above practice is wrong, the prelate t ty arises, namely, where
goods turn out of a ship which are Lcapabl: of balsa identified or
connected with any portion of the cargo, being either totally without
marks and numbers, or hearing* marks or numbers duff Ting from
those which appear on any other part of the cargo, and therefore
manNsily chipped by gr.ater mists: la of either being put on
board the wiener vessel, which very often happens or 17 some other
erroneous end uninteatio al eelivery from the shipper's warehouse.
As to such last-mentioned surplus cargo, the solicitor has been ac-
customed to advise that it no• to the s'Apowner, .or consig-
nee of other like Feeds under satisfied la is of lading, but to the
party abroad who has shipped it by mistake, and that the dock
trustee; becoming, on its pas-ing into their hands as above-men-
ticned, trustees of such property for its true earner, ought to
hold -It fur a reasonable time in specie, to meet his claim, and
that afterwards it should be included in some periodical sale, and
'that the 'proceeds should be so entered in the dock books as al-
ways to bs capable of being identifi:d and made avahable to the
real owner's clam. It is right alio) to observe that there is reason
to b Slave that this practice has, in some instances, prevented the
accomplishment cf frau 's, on the part of mates, in receiving,
knowingly, more:cargo than they expected to have to account for ;
and thetthe same rule has been virtually acted upon by the stipen-
diary magistrate of Liaorroel wao. though he refused to entertain
a charge of felony against a crate for appropriating surplus cargo
to the use or his" ship," ordered It to be retained by the police for
the true owner. On the other hand it is contendei bf some
parties th t surplus cargo is deliverable to the shipowner or master,
on the. ground that, as he is liable for defielen:les under bills of
lading, he is also entitled to any surplus goods which the ship may
contain. Others again, unable to satisfy themselves by such reason-
ng, conte d that, notwithstanding the authority sista oined to the
manifest, the a imis ion of goals into the dock warehouses dues
not tat..e them out of the jarisdiaLion of the shipowner or
his agent, anal especley that .tiephas cargo, not being known to
exist at the tithe when the master signs that authority, does
not cone legally under the control of the dock trustees at au,
and is therefore property restorabas to the mister, or to his agent
t the mistake is discovered. And at first sight there would
seem to be forte in this Is t'r argument; but the facts scarcely
saPaort it, for the authority is question dons seem to extend to
surplus cargo, for the following reasons: —The term "mans est" in
Welt seems to imply a complete list of the cargo on board, and can
scarcely be relaxed into lens significance by carelessness on the part
those who were bound to see to its accuracy, and also because
sooner or later, at all events, before any surplus cargo can be dealt
with by the dock trustees, such property does become vir-

THE NORTHERN

tnally included in the manifest and other ship's papers, by reason
of the necessity which exists of making an amended report to the
customs in respect of such surplus as soon as discovered, and by
virtue of which it becomes an integral part of the cargo. There is,
mcreover, it is submitted, in all caser, of los: or unclaimed property
an implied trust on the holder in favoir of the real owner. It has
been urged, also, by parties objelting to the present practice, that
the London dock companies we in the habit of delivering surplus
cargo to the master or consignee of the ship on being indemnified,
and that the same practice prevails in the open docks at Liverpool
without complaint. lint it most ba remembered that the London
dock companies are trading and competing bodies, having an
iaterest in not d s ;bilging their customers and that, with resi,ect
to business transacted in the open docks at Livtrpool, the master
or shipowne • so acting with retereece to su•pins cargo derives a
still more direct benefit from the practice in question. In those open
docks, too, the dock trustees hsie no charge of goods, nor means of
interfering with them, and therefore, co duty, and when such goods
do come into their hands at their warehouses they can have no
interest nor object ex!ept to act justy towards all concerned.
Yca are requested to advise them.

(Copy of Optnin.)

I should advise the trustees to continue their present prastice as
to surplus cargo. Tbey might, if they thought proper, deliver the
surplus to the owners or consignees on an indemnity, or they might,
probiibly, without incurring any liihiiity, deliver it back to the
master from wko it was re3•4.vd ; bat I think their present practice
Is better, sod more consistent with their character of public trustees,
acting for Le benefit of all parties concerned

It will b.: adviss.hle, in a Nur° act, to hive a clause expressly
sanctioning the present practice.

(Signed)

J. R. WAIN.

Temple, March 22, 1857.

Mr. BOLD said that he would wish to hive a clause
releasing the Trustees from all responsibilities, in conse-
quence of-giving back surplus ca•go to the masters. Ho
would not wish to see the power of the Trustees to retain
the surplus specially legalised.

The motion was unanimously adopted.
This concluded the general business.