Scottish Court of Session Decisions

On 12th June 1885 Antone Treffone Lucovich,

Page: 730↓

shipowner, of Bute Docks, Cardiff, presented this petition praying the Court to fence and arrest the steamship “Cavendish,” at present lying in the Leith Docks, her hull, keel, engines, spars, sails, and stores, with her float boats, furniture, and apparelling, the freight due by the various receivers of the cargo discharged by her at Leith and to grant warrant for putting the said warrant into all lawful execution, to the dismantling of the said steamship if necessary.

The petitioner stated that the ship had in February been stranded near Trieste and floated off and towed there, and in consequence of her damage having made her unseaworthy, been placed in dock for repairs; that the master being obliged to provide for the crew and the expense of repairs and provisions for the voyage home (and the vessel being under judicial arrest for the expense of sailing), found it necessary in order to save the vessel to the owners and bring her home (after failing to get an ordinary loan and to obtain money from the owners, whom he had informed of the amount needed), to grant a bottomry bond to the petitioner's cedent in Trieste for £5000, payable within three days of arrival at Leith, by which bond a special lien as security of the loan was constituted over the ship, her hull, keel, engines, &c.; that the petitioner was now indorsee of the bond, and had failed to obtain the money from the master, who refused or delayed payment; that the petitioner was therefore about to sue him therefor, but the ship having been made ready for sea, arrestment was necessary to prevent her from proceeding to sea without payment, whereby the petitioner's only security would be lost.