Battling with waves and lawyers : $b a genuine history of perils of the deep and an authentic record of the most important shipping case ever dealt with in the supreme courts of Australasia
History
Battling with waves and lawyers : $b a genuine history of perils of the deep and an authentic record of the most important shipping case ever dealt with in the supreme courts of Australasia
Alert (Ship : 1877-1893); Liability for marine accidents; Navigation -- Australia -- History; Shipwrecks -- Australia -- Victoria
The full court, in giving judgment on the appeal for a new trial,
placed a good deal of weight on the fact of the _Alert_ having passed
successfully through the surveys made by the English and Victorian
Marine authorities, and, further, the court was of opinion that the
certificates given by these authorities were _prima facie_ evidence
that the vessel was in all respects not only perfectly sea-worthy,
but proof also that the owners had done everything which the law
required them to do. Had I sufficient time and space at my disposal,
I could cite hundreds of cases showing clearly that these surveys
and certificates are more theoretical than practical. Suffice it for
the present that I, as briefly as possible, relate two instances
of certificated examinations which came under my own personal
observation thus:—
In 1863 I was an officer on board of a large ship called the
_Saldanha_, which was chartered to carry sheep from Victoria to
New Zealand. At Geelong we took 6000 sheep on board consigned
to Port Chalmers. By way of parenthesis I may mention, what may
read rather curious now-a-days, that we had ten shillings per head
freight alone for every sheep we landed alive. On the passage down
we lost 1000 of them; some died, but the major portion were killed
by being trodden to death during the heavy lurches of the ship to
leeward. We cast them overboard every day in such quantities that
it would have been almost possible by means of the carcases to
have tracked our ship’s way from Port Phillip to Port Chalmers!
After discharging our living freight at the latter port, we sailed
again for Melbourne in order to bring down another hatch, but,
unfortunately, through the ship being “flying light”—she was like
a balloon on the water—we got caught in a heavy squall and were
driven ashore, in spite of letting go both anchors, on a sandy
beach near the entrance to Port Chalmers Heads. By means of our
boats we all landed safely and lived amongst Maoris for a few days
until three steamers came to our assistance. By means of our united
efforts, aided by a high spring tide, we got the ship off the beach
and towed her back to Port Chalmers, where, with all due solemnity,
an examination was held by Lloyd’s surveyors, and also by the
insurance agents. The result of these, and other numerous surveys,
was that the _Saldanha_ was condemned as unsea-worthy, and sold
by the insurance agents for a few hundred pounds to a company who
desired to make a coal hulk of her. Accordingly she was “stripped
to a gantlin” and used for such purpose.
Public-domain text, read in full here on John Shaqi.
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