No. 2408 2. Whilst she was so lying her owner, by a bill of lading, made on the 5th day of the said month of November, and delivered to Messrs. H. S. and W., promised the said Messrs. H. S. and W. that a certain cargo of corn or Indian maize in the said bill of lading mentioned and then shipped on board the "Bahia" at the said port of Dunkirk, in the empire of France (the dangers of the seas only excepted) should be delivered unto the order of the said H. S. and W. or to assigns, he or they paying freight for the same and average accustomed. The exhibit hereto annexed marked A. is a true copy of the said bill of lading. 3. The said Messrs. H. S. and W. duly indorsed the said bill of lading to the plaintiffs, to whom the property in the said cargo thereby passed, and the plaintiffs at the time of the breaches hereinafter complained of were and are still the owners of the said cargo. 4. The "Bahia,” having suffered some damage, arrived in the port of Ramsgate with the said cargo on board on or about the 7th day of January, 1863; and the defendants caused the said cargo to be landed and stored there, and the plaintiffs have made frequent applications to the owners and master of the "Bahia" to carry on their said cargo to and deliver the same at Dunkirk pur. suant to the said bill of lading, but the said owners and master, although not prevented by the dangers of the seas, have neglected and refused so to do, and the said cargo still remains stored at Ramsgate. 5. The plaintiffs have demanded of the said owners and master of the "Bahia" delivery of the said cargo to the plaintiffs at Ramsgate aforesaid, but the said owners and master refused and neglected, and still refuse and neglect to make such delivery of the said cargo to the plaintiffs. 6. By reason of the said several breaches of contract and breaches of duty on the part of the owners and master of the "Bahia," the plaintiffs have sustained and are sustaining heavy losses. And the said C., S., and C. pray the right honourable the judge to pronounce for the damage proceeded for to condemn the defendants and the said barque "Bahia" therein and in costs, and if necessary to refer the amount of the said damage to the registrar, assisted by merchants, and that otherwise right and justice may be administered in the premises. XLVII. Petition alleging Loss by Bad Stowage. The "Helene" (a). B., Master. Messrs. C. and U., solicitors for the plaintiffs, in the cause instituted on behalf of T. and H. B. and Co., against the ship (a) Br. & L. 415. "Helene," and against E. W. O., of Barth, in the kingdom 1. The plaintiffs carry on business in Liverpool as oil merchants, under the name of T. and H. B. and Co. 2. The "Helene" is a foreign ship, and at the time of the institution of this cause, no owner or part owner was domiciled in England or Wales. 3. On or about the 10th of August, 1864, 47 casks of olive oil were shipped on board the "Helene" then lying in the port of Leghorn, in Italy, and bound for Liverpool. The master of the ship signed and gave, in respect of the said olive oil, a bill of lading in the following terms :-[Set out the Bill of Lading.] 4. The said bill of lading was endorsed in blank by the shippers, and assigned to the plaintiffs, and at the time of the institution of this cause the plaintiffs were the owners of the said olive oil, and the assignees of the said bill of lading. 5. The "Helene " arrived in Liverpool on or about the 19th of October last, and the said 47 casks were delivered to the plaintiffs, but many of the said casks were wholly or partially empty, showing a loss of 2001 gallons of oil, out of 4888 or thereabouts. The said loss was not occasioned by the dangers or accidents of the seas or navigation, nor was the same leakage within the meaning of the bill of lading, but the said loss was occasioned by the negligence of the defendants or their servants. 6. The plaintiff's seek to recover all the damages occasioned to them by the said negligence, breach of contract, and breach of duty on the part of the defendants. 7. One of the acts of negligence and breaches of contract and duty, on the part of the defendants on which the plaintiffs will rely is, that the said oil was improperly stowed, in this amongst other respects, that large quantities of rags and wool were stowed in the same hold with and near the said oil, whereby the said damage was occasioned, wholly or in part. The solicitors for the plaintiffs pray the right honourable the judge to pronounce for the said damages, and to condemn the said ship and the defendants in the same, and in the costs of this cause. XLVIII. Answer to Preceding Petition. J. W. C., solicitor for E. W. O., of Barth, in the kingdom of Prussia and others, the owners of the above-named ship or vessel, the defendants in this cause, in answer to the petition of the plaintiffs, says as follows :— 1. He denies the allegations contained in the fourth and subsequent articles of the said petition. 2. The said loss or damage was not occasioned by any negligence, breach of contract, or breach of duty of or on the part of the defendants or their servants. 3. The said loss or damage was occasioned by leakage arising from the slackness of the casks in which the said oil was contained and shipped. 4. During the voyage of the said ship or vessel from Leghorn to Liverpool, she on several occasions met with and experienced gales of wind, bad weather, and heavy seas, and in consequence pitched and laboured excessively, and thereby the leakage and loss of the said oil were increased or occasioned. 5. The master of the said ship on the 16th day of July, 1864, chartered the said ship at Leghorn to the said Messrs. T. L. and Co., the shippers of the said oil by a charter party, a copy of which is annexed to this answer. 6. The cargo of the said ship from time to time, and the said casks of oil were received on board the said ship, and were properly stowed as presented by the said shippers thereof for shipment according to the said charter party, and the said loss or damage was not occasioned wholly or in part by improper stowage. 7. There was no negligence or breach of duty or breach of contract on the part of the defendants or their servants in stowing rags or wool in the hold with or near the said oil. 8. The said shippers of the said casks of oil, or persons acting on their behalf, and one T. M., a head stevadore appointed by them according to the said charter-party, saw how the said casks of oil and the cargo of the said ship were stowed at Leghorn, and the said stevadore took part in and superintended the stowage thereof according to the said charter party, and no complaint of or objection to the manner in which the same were stowed was made to the master or mate or any of the crew of the said ship or vessel. 9. After the said casks of oil and the cargo of the said ship had been loaded and stowed, the said stevadore gave a certificate (a copy of which as certified by the British Consul at Leghorn, is annexed to this answer marked B); and the statements contained in such certificate are true. And the said J. W. C. prays the right honourable the judge to pronounce against the claim of the plaintiffs, and to condemn them in the costs of this suit. XLIX. Conclusion to above. The solicitors for the plaintiffs, in reply to the answer of the defendants, deny the statements therein contained, and pray that the pleadings be concluded. No. 2696 SALVAGE. L. Affidavit to Lead Warrant. In the High Court of Admiralty of England. I, A. B. of steam-tug or vessel 1. On the day of 18-, I and the crew of my said vessel performed certain efficient salvage services to the barque or vessel, and the cargo laden therein off 2. Application has been made to the owner of the said vessel for compensation in respect of the said services, but he has refused ard declines to make the same, and the aid and process of the High Court of Admiralty are therefore necessary in that behalf. I, of LI. Shorter Form of Affidavit. make oath and say that I have been informed and believe that salvage services have been recently rendered by the vessel [and her cargo], and that the aid of to the vessel this Court is necessary to obtain compensation for such services. LII. Form of Petition where the Ship Salved was Derelict. N. and P., solicitors for the plaintiffs in a cause of salvage instituted on behalf of M. G., of Liverpool, in the county of Lancaster, the owner of the brig or vessel "Sarah Ann,” and of the master and crew thereof, against the brig or vessel "Lucien," her tackle, apparel, and furniture, and the cargo now or lately laden therein, together with the freight due for the transportation thereof, and against the owners of the said ship and cargo, intervening, say as follows: 1. The "Sarah Ann" is a brig of about 274 tons registered tonnage, and belongs to the port of Liverpool. At the time hereinafter mentioned she was manned by a crew of nine hands, all told, namely, R. N., master; R. H., mate; J. D., boatswain; J. M., R. T. S., H. M., and T. K., able seamen; W. J., ordinary seaman and cook ; and J. Y., a boy, rated as an ordinary seaman. 2. The "Lucien" is a brig of about 230 tons registered tonnage, and belongs to the port of Liverpool, and shortly before she was fallen in with by the "Sarah Ann," as hereinafter mentioned, had sailed from Bremerhaven on a voyage to Monte Video, with a general cargo. (a) In salvage cases it is sometimes advisable to set out the circumstances at length as in the above form, because if the petition is admitted by the defendants, the expense of proofs may be saved. See Form LXI., infra. 3. On Thursday, the 23rd day of March, 1865, the "Sarah Ann," laden with a valuable cargo of sulphur ore, was proceeding on a voyage from Pomaron to Liverpool, and about daybreak on that day, in about latitude 47° 37' N., and longitude 11° W., a brig was seen about four miles distant, on the lee quarter, with her head to the north-westward, with all her sails furled except the main topsail, and apparently in distress or abandoned. 4. The weather was fine, with a moderate breeze from the northward, and a heavy rolling sea from the north-west. The "Sarah Ann " was on the port tack, and her master immediately wore round and ran down for the said brig, which turned out to be the "Lucien." 5. After some trouble the mate of the "Sarah Ann," with two seamen in the "Sarah Ann's " boat, boarded the "Lucien," anl found that she had been abandoned. Everything on board was in great confusion. The cabin-floor was covered with straw, paper, broken bottles, and fragments of broken cases. The locks had been chopped off the doors, apparently with an axe. The after hatch was off, and the water in the hold was up to within about 2 feet of the between deck beams. Both the pumps were choked and useless. The cargo had apparently been shifted over from the starboard side, and the vessel had a list of two or three strakes to port. sail halyards and topsail sheets were unrove, and the lower foretopsail yard was unparrelled. The wheel was gone, and the wheel chains were unrove, and the rudder was knocking about from side to side. The long boat was also gone. The binnacle compass and binnacle lamp had been taken away, but a spare compass was found in a locker. There were two chronometer boxes in the cabin, but the chronometers had been taken away. The top 6. After remaining on board the "Lucien " for about an hour, the mate and the two men returned in their boat to the "Sarah Ann" (which had in the meantime been standing off and on) and reported what they had seen to the master of the "Sarah Ann." 7. It was thereupon agreed upon between the master and the mate of the "Sarah Ann" that the latter should take charge of the "Lucien " if a sufficient number of the crew of the "Sarah Ann' would volunteer to accompany him. 8. The whole of the crew volunteering, the mate selected R. T. S. and J. Y., and a third man, T. K., was chosen by lot from the rest of the crew. 9. The mate and those three men accordingly boarded the "Lucien " about 10 A. M., the mate taking with him a few clothes, his sextant, and a chart of the English Channel, lent to him by the master, and the men taking only a few clothes. 10. Upon getting on board the "Lucien " they at once got tackle ready to steer her, set sail upon her, and wore her round with her head to the eastward. The starboard pump was got on deck, cleared |