The Archive · 1872

Before R. A. Mowat, Esq

Yxo Hono-rye v. Burrerrrenp & Swine. planks, ofa recover from de-cargo of $,142 pieces shipped at Singapore on one of their steamers, consigned to him but short delivered at i.

The defendants did not deny that there was such a quantity short delivered, nor the reafonablences of the it Defendants said it often happened that the called out for more help—the boatswain came, was peg et,——) a no time fora stay of their steamers at intermediate ports was and he struck him also. 'The second mate had en, wi e "pers' "Wor also to help to put him in irons. This at last was done with much trouble. All that night had to be accepted, subject to subsequent he was very violent—broke the door twice "the at iff argued that el with his feet. Next day he tried to break the inti at shu were constantly similarly placed as his constituents. lace again; itis nearly all smashed to pices now. He was kept in irons until we arrived Their goods having been put on board with-here yesterday afternoon.

offered containing the clause, and they out the mate's receipt, bill of lading was By Prisoner—Until this happened you were not quarrelsome, or insolent to my officers. found themselves to situated that they had Joux Peneonrs, chief mate, corroborated either to accept the imperfect document, or the captain's evidence. go without one, in which case the goods Joux Srracuax, 2nd mate, sworn, stated—would not be delivered to their consignees.

On the 7th May prisoner was put to some {t was customary to insert the word dis. work aloft. He was along time about it, I te," if there was any, on the bill of could have done the job hoar and bad plenty' of tim The Court held that plaintiff having accaptain sang out to him. He replied that he cepted a modified receipt was bound by it, was doing it as fast as it was possible for him and that the bill of lading was a receipt for to do it. " Presently, the work being still _un-any amount above 2,787 and under 4,142 finished, the captain called him down, and repieces, asthe fact might turn out to be. 'The marking again that he had taken long time shippers' course should have been, if they to do the job, said that he moved aboutes if couldn't get a clean receipt, to have demandshandspike was fastened to his back. Pried the return of their. As for the soner replied that if he had such a thing to return of the surplus freight, defendants were his back he would undertake to do as much as Tiable to make itand they had indeed offered the captain, [Witness then corroborated the todo so, However, the case before him was others.} simply for the value of cargo short delivered, and' his judgment was for the defendants, Wittrast ANDERSON, 'a passenger, sworn, stated—The man was ordered in irons because with costa, hho spoke back to the captain. When he was in them he said he would take jolly good care he wasn't taken out of them till he got to

Text read from the printed page and cleaned; old type leaves the occasional error.

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