A NOVEL CASE.

Timaru Herald, Volume XL, Issue 8939, 23 February 1884, Page 2

A NOVEL CASE.

A case was recently tried at Homo m which was raised a somewhftt novel point of mercantilo law, and which it seems stmnpe 'aad npvei IMMn raised and decided l>eforo. The plaintdffSi Shaw, Savill and Co., iiro the charterers of the ship Loch Ryan, Al, 1207 ton* net measurement, of which tho defenciints, LUburn and Co., are the owners. By a oharter partj mride on Jan.13, 1882, tha vessbl waa to procued from Sydney to Wellington, And there 10-^d a full and complete cargo of la wfnl produce or merchandise, and thence pro:oed to the East India Dook m London, froigat to be paid m a lump sum— -£1350. This she did but the agents m Australia thought it a pitj that the cabin spaco should b'.> lo3t, and thej agreed that passengers should be shipped 01 the homeward voyag-e fcr the lienefit of whonc it might concern. But both jpartiua claimed the passage-money, the plaiutiJs as charterers contending that the whole spr.ee of the ship cacept that set opart for the officers and men had been made over to <iem ; the defendants the owners, urging that it was solely for th( purpose of carrying carjjo such as tho ship di< carry — viz., wool, flue, skin 3, tallow, leather tinned meats, shells, grain, and bones. Thii then, could not include passengers, and thi parties -wisely agreed that the money should bi earned, and then the question d-acided ovo: here as to whom the money ahonld be handed Accordingly, the Look Byan took five adnl first-class passengers m the sidoon, and twi children, and m the steerage 10 adults and 1! ohildren. For these the passaga-raoney cam< to .£4BO 10s., and this Hum wr.s now paid mb Conrt under order. For when tho ship arrivei m London m August last, having started h April, the defendants unshed to consign her b their own agents, MessraSkinser.andthe plain tiffs moved for (an injunction ia Chancery t> restrain them. From t.Ma Hum. of 10 the following deductions had to be made m th plaintiffs' favor : — -K2IK) for itorea for the pas sengers, i£24 0s 6c! conimission on the paaaen gers, J650 for space occupied by their bag gage, £60 17s 6d for ballast— total, £»ji 18s An attempt was Dia-ie by the plaintifFo t •prcrve, and by the clefsndants to disprove, 1 custom m the carrying trade for tho chartere to claim the passenger-money and to put an; cargo he pleased m the cc.bin spacen, bu TT?a Lordship said it failed utterly. A the conclusion of the evidence, thi learned. Judge waa of opinion tha the owners, the defandant3, were, on th< ; reasonable construction of the oharter-party entitled to claim tha passen?er-money as no being "cargo or lawful prcdnce or merchan diso," and he gave judgment for the defen dants for a 'sum oi .£lls 12s, tho balance ol the £480 10s to be pa^d to t'je plaintiffs, eacl ■ 'patiy ia pay the costs of the Cliancery motion and the plaintiffs to pay two^thirds of th( costs of the present action, baying lost on th< main contention, to be set off against the monej to be paid out of Conit. (By Teijkjbai'h.)