United Kingdom House of Lords Decisions

She had undergone a repair to the extent only of £280 before commencing her voyage, but at this time she was neither stript nor opened up in order to ascertain her internal condition, the repair being confined to her outward sheathing; but a certificate was granted certifying her staunch and strong for the voyage. Soon after she sailed she encountered a severe gale of wind; she made so much water that the crew could not keep her free with both pumps, and, in consequence, the master bore away for port, and brought her to Greenock.

Soon after her arrival the vessel was surveyed, and the surveyors reported her decayed in beams, breastwork, hooks, and knees; and that her iron work was, in general, decayed and gone.

Repairs were then made upon her to the extent of £1426, 9s. 3d., for payment of which sum the present action was brought against the appellants, the underwriters. Their defence was, that the ship was not seaworthy at the commencement of the voyage insured. Upon this a proof was allowed. The respondents adduced a certificate of the ship's sufficiency, signed by Messrs Strachan and Gavin, ship-builders in Leith, who had repaired the vessel before setting out on her voyage.

Mar. 10, 1807.

Lord Hermand, Ordinary, pronounced an interlocutor, finding “the certificate of the ship-carpenters sufficient evidence that the North Star was seaworthy when she sailed on her voyage for Pictou, in North America,” and therefore decerned. Thereafter, on reclaiming petition, a proof was allowed to both parties. This being reported with memorials, the Court adhered.

May 27, 1803.

On appeal to the House of Lords.