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Sailing

voyage, sailed, ready, port and ship

SAILING. It is sometimes important, in the construction of a charter party, or mar ine insurance policy, to know when a vessel . commenced her voyage, and to this end to determine what constitutes a sailing. It has been held that complete readiness for the sea, with the intention of proceeding at once on the voyage, is sufficient, though head winds should prevent any actual progress ; Bowen v. Hope Ins. Co., 20 Pick. (Mass.) 275, 32 Am. Dec. 213 ; see Pedersen v. Pagen stecher, 32 Fed. 842 ; but the word sail is held to•be a technical word and to mean to start on a voyage; 34 L. J. C. P. 195 ; so a ship which drew out from its wharf and an chored in a river, whence it proceeded the next day, sailed on the latter day ; [1898] 1 Q. B. 27.

Where a ship was ready for sea, and had made a measurable progress by towage, but not by sails, to the mouth of the harbor, she was held by Cadwalader, J., to have sailed ; The Francesca Curro, 4 Wkly. Notes Cas. (Pa.) 415; s. c. 2 Cadw. Dec. 520.

A ship by quitting her moorings on or be fore the day named, in a state ready for sea, with a bona fide intention of prosecuting the voyage, has sailed, notwithstanding her prog ress was soon after delayed by an unfore seen event ; but if she was not ready for sea when she quit her moorings this is evidence that there was no such bona fide intention, any appearance to the contrary notwith standing ; it will be held that she had not sailed; Maclachlan, Merch. Shipp. 414.

If the vessel quits her moorings and re moves, though only to a short distance, be ing perfectly ready to proceed upon her voy age, and is by some subsequent occurrence detained, that is, nevertheless, a sailing ; 3 B. & Ad. 514. There can be no "sailing"

without a clear intention on the part of the master to proceed directly on his voyage; [1898] 1 Q. B. 27. Moving from the wharf into the stream may be enough ; id. See 37 Am. L. Reg. N. S. 201, an article by Erskine Hazard Dickson; Maclachlan, Mer. Ship. 414.

As advanced freight is frequently made payable at or within a certain time after final sailing from the port of loading, there has been much discussion as to the meaning of both of these terms. In the leading Eng lish case, Parke, B., considered that final sailing "meant more than if the word sailing were used alone," that it had reference to the particular port of Cardiff, out of which the vessel sailed, meaning a final departure and being out of the limits of the artificial port, at sea, ready to proceed upon her voy age; 23 L. J. Ex. 169. Where the ship left the harbor to anchor in the roadstead and Ile there until the crew should be completed, without the intention of returning to the harbor, it was held that she had not sailed; 24 L. J. Q. B. 340 ; so also where the master took the vessel out of the port and left her in the roads under easy sailing, while he re turned ashore to complete her papers; 26 id. 239. "Final sailing I apprehend means get ting clear of the port for the purpose of pro ceeding on the voyage ;" Lindley, L. J., in 9 Q. B. D. 679.