Set forth that, on the lst day of October last, the petitioner chartered the vessel for the remuneration to be 424 cents Mexican the' voyage to Newehwang_ and. Hongkong, per picul, and $500 were to be paid in advance, ordinary disbursements at Newchwang, and the balance at Hongkong.—Tho second clause stated that it was specially provided on behalf of the petitioner that *should the vessel be unable to reach Newchwang this season, the charter would be cancelled, and the advance money returned to the charterer." Ihe petitioner paid the $500, and the Lucerne proceeded on her voyage, but at or near the mouth of the Yangtsze was wholly lost, and thereby disabled from reaching Newchwang this season, or at any time. The charter-party was therefore held to be cancelled, and the advance money returnable to the petitioner. The third and last clause set forth that the defendant and the agent for the ship declined to refund the $500, and have referred the petitioner to the owners of the ship in England, and assert that they are not prepared to meet the claim of the petitioner. The petitioner, therefore, prayed, firstly, that the defendant may be adjudged to pay the amount claimed, either in cash or by draft upon the owners, countersigned by the agents of the said vessel secondly, that the petitioner may receive such relief as the circumstances of the case require, The Aivswer Of the defendant was to the effect that he had received through his agents, Messrs. Win. Pustau & Ca., of Shanghai, in part payment of charter money for the voyage above-named, the sum of $500, specially stipulated to be paid in advance at Shanghiai as part of the freight. 2.—That it was customary with charters closed late in the season for Newchwang, to stipulate that the ship be loaded at Chefoo if prevented by ice from loading at Newchwang; that the plaintiff refused to submit to this stipulation, but that he agreed instead to cancel the charter party, the advance of $500 being refunded to him, in case the vessel should be prevented by lateness
Text read from the printed page and cleaned; old type leaves the occasional error.