The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1845-05-20 00:00:00

LAW INTELLIGENCE

usages

ADMIRALTY COURT, TUESDAY, MAY 13.
THE IRON DUKE.—COLLISION.
This was a cause of damage, brought by the owners of
the late brig Parana against the steam-vessel the Iron
Duke, belonging to the Dublin Steam-packet Company,
to recover for the total loss of the brig in a collision with
the steamer on the morning of the 10th of Septem-
ber last. The Parana, a vessel of 200 tons, with a valu-
able cargo of general merchandise, left Liverpool on the
Bth of September, bound on a voyage to Montreal.
About 2 o'clock on the morning of the 10th, the course
of the brig being S.W., and the wind moderate from
N.W. to W.N.W., being close-hauled on the starboard
tack, going at the rate of four or five knots an hour, with
all sails set, she was struck by the Iron Duke, and almost
immediately went down, with her master and five of the
crew, who were drowned. The steamer, a powerful iron
vessel of 600 tons, had left Kingston harbour on the
evening of the 9th, with the mail and upwards of 70 passen-
gers. She had three strong lights, one at her foremast

head and one at each bow, she was going at her full speed,
from 10 to 12 knots an hour, and there was a man on the
look-out standing upon a raised forecastle, the bulwarks
of the vessel being so high (about seven feet) as to pre-
vent a person walking the deck from looking over. The
night was dark, but not hazy. The place of collision was
off the Welsh coast ; Point Lynas light bearing W. by
N. distant 10 miles, and Beaumaris light bearing right
a-beam of the brig. The action was entered for £lB,OOO
and was carried on, not as usual, by summary petition
and affidavits, but by plea and proof. The Court was
assisted by Trinity-masters, Captain Wellbank, and Capt.
Gordon.

After the Queen's advocate for the owners of the Pa-
rana, and Dr. Adams for the steamer had addressed the
Court,

Dr. Lushington, addressing the Trinity Masters, ob-
served that as the Parana was closehauled in the star-
board tack, she was not required to do anything on des-
crying the steamer, except hoisting a light. The first
question was, whether she ought to have carried a light.
That question had been discussed over and over again,
and it had been decided that there was no general rule
that merchant vessels were bound constantly to carry
a light. It was said, however, that if it was not the
duty of the brig to carry a light, she ought to have
exhibited a light. Now, the mate Nickell, who, a
priori, was a credible witness, expressly swore that he
took the light from the binnacle, and exhibited it, and he
was confirmed by the two men on deck. It was admitted
by the steamer that she was going at her full speed, 12
miles an hour, through the water; that there was one
man on the look-out and no more, and that she did not
see the brig till she was actually upon her, the night was
so dark. Now the question was, whether blame was at-
tributable to a steam vessel going at the rate of 12 miles
an hour, in a dark night, and running down a vessel
under these circumstances. He (Dr. Lushington) ad-
hered to and repeated the doctrine he had laid down in
the case of the " Rose," that " it may be very convenient
for a part of the public that these steamers should pro-
ceed with great rapidity ; but the law will not allow them
to proceed with this rapidity, if the property and lives of
other persons are thereby constantly endangered." He
had no hesitation in saying, that if the lives and property
of her Majesty's subjects were so perilled, the owners of
the steam-vessel would be civilly and criminally responsi-
ble upon the ground stated by Lord Ellenborough, in the
case where the driver of a mail-coach was indicted for
manslaughter, having ran over and killed a man. He (the
learned Judge) requested the Trinity Masters to give him
their opinion, whether the Parana was to blame in any
part of her conduct, or whether the iron steamer was to
blame.

The Trinity Masters retired for a short time, and on
their return,

Captain Wellbank said they were of opinion that the
Parana had done nothing but what was right; that she
did show a light ; and that sailing vessels are not re-
quired to carry lights ; that with regard to the steam-ves-
sel, the night had been described by both parties as dark ;
notwithstanding the darkness the Iron Duke had pro-
ceeded at her full speed, 12 knots an hour, in a track
where there were many sailing-vessels, one man only be-
ing on the look-out at the forecastle, the captain and chief
mate being in bed ; sbowing an indifference to responsibi-
lity perfectly inexcusable ; and that consequently, she had
not been navigated with that degree of caution which
ought to have been observed in such a night and in such a
neighbourhood. _ . . _

Br LUSHINGTON pronounced for the damage, with
costs.

Lord A. Hervey is the only barrister off the bench who
can be addressed as "my lord." His lordship goes the
Norfolk circuit.

In the Court of Exchequer, last week, a female servant
sought to recover a month's wages, on the ground that
she bad been dismissed, without notice. But it appearing
that she hid stayed out all night, contrary to her master's
orders, she was nonsuited.
Two cases of breach of promise of marriage were tried
in the Court of Exchequer, on Wednesday and Thursday.
In the one a juror was withdrawn, i❑ the other the de-
serted fair one, a barmaid at an inn, received £4OO da-

The judges in the Court of Queen's bench on Thurs-
day decided in the case of Howard v. Gosset (an action
against the Serjeant-at-Arms for arresting Mr. Howard,
in obedience to an order made by the House of Commons,)
in favour of the plaintiff. The defendant pleaded the
Speaker's warrant ; but the judges held both the warrant
and the plea to be bad, and gave judgment for the plain-
tiff accordingly.
NEW AUCTION REGULATIONS.—In the new Auction
Regulations Act, it is provided that it shall not be neces-
sary for any person selling any goods or chattels by auc-
tion, in any of the cases mentioned in the fifth clause, to
take out the usual license. In the following matters,
where the sum is under £2O, sales may be effected with-
out an auctioneer's I;cense ;—Selling goods or chattels by
auction under a distress for non-payment of rent or
tithes to a less amount than £2O, or under process from
courts in Scotland and Ireland, or under authority of any
other act or acts of parliament now in force, in which the
like exemption as by the act is given to the proper offi-
cers of courts executing the process of such courts to
sell the effects seized by him by auction, without taking
out any license as an auctioneer, provided the sum for
which such process is enforced is under £2O.

London and York Railway, and at its rising on Saturday
had got over 110 of the 186 miles, which is the length of
the line. DD has spent the same number of days over
the Scottish Central Railway. In fine, the se 18 railway
committees, sitting on an average about six days, have
got through about 28 or 29 of the most unimportant bills
before them, many of which were unopposed. At this
rate the close of the session must leave many projects in
a state of abeyance.