The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday February 22 1915

For the Crown ft was contended that no freight should be allowed or if any not the whole freight because an incapacity attached to the ship as she was prevented by law from performing her contract to deliver the goods to the consignees ; and because the non-completion of the voyage was not due to the " incapacity of the cargo to proceed." The short answer to the first contention of the claima [...] Even before the Declaration of Paris a neutral vessel had the full right to carry enemy goods into an enemy country subject to the risk of her detention by belligerent for the purpose of seizing the goods ; and this was the foundation of the principle which generally speaking secured to them their full freight : The " Fortuna " (1809 Edw. [...] The only rule which I state for the guidance of the Registrar and merchants is this :—Such a stun is to be allowed for freight as is fair and reasonable in all the circumstances regard being had to the rate of freight originally agreed (although this is not necessarily conclusive in all cases) to the extent to which the voyage has been made to the labour and cost expended or any special charges [...] I allow the claim of the claimants to some freight and to the special items mentioned and order a reference to the Registrar and merchants to ascertain the amount. [...] The present suit was brought by the landlords in.1.909 on the allegation that since 1313 the tenant Defendant had given up the land without making any arrangement for payment of the rent and that the contending Defendants were trespassers and were not entitled to retain possession of the land as against the Plaintiffs who were the landlords.