(x)  L.  E.,  5  Q.  B.  346 ;  L.  R.,  7  Q.  B.  for  purposes  connected  with  the  voyage,

'  though  not  necessary  for  its  completion,

which  do  not  amount  to  deviation.    It

[y)  "It  is  ohvious  that  the  proper  could  not  he  insisted  upon  if  a  deviation

answer  must  depend  upon  the  oircmn-  were  involved.    The  place,  the  season,

stances  of  each  particular  case,  and  that  the    extent    of    the    deterioration,   the

the    question,    whether   active    special  opportunity  and    means  at  hand,  the

measures  ought  to  have  been  taken  to  interests  of  other  persons  concerned  in

preserve  the  cargo  from  growing  damage  the  adventure,  whom  it  might  he  unfair

by  accident,  is  not  determined  simply  by  to  delay  for  the  sake  of  the  part  of  the

showing  damage  done  and  suggesting  cargo  in  peril  ;   in  short,  all  circmn-

.measures  which  might  have  been  taken  stances  affecting  risk,  trouble,  delay  and

to  prevent  it.    A  fair  allowance  ought  inconvenience  must  be  taken  into  ao-

to  be  made  for  the  difBculties  in  which  count.    Nor  ought  it  to  be  forgotten

the  master  may  be  involved     The  per-  that  the  master  is  to  exercise  a  Lcre-

fonnance  of  such  a  duty,  whether  it  be  tionary  power,  and  th^t  his  acts  are  not

for  the  ]omt  benefit  of  the  shipowner  to  be  censured  because  of  an  unfortunate

and  the  shipper,  or  for  the  benefit  of  the  result,  unless   it   can  be   affirmatively

shipper  only,  could  not  be  excused  by  made  out  that  he  has  been  guUty  of  a

reason  of  msigmflcant  delay  not  amount.  breach  of  duty  "    PerWiUes  J    LE

ms  to  deviation ;  and  there  are  many  7  Q.  B.  p.  237.     Cf.  The  Savona',  (190oi

cases  01  reasonable  delay  m  ports  of  call,  p.  252


PORTS  OF  EEFUGE.  361

In  the  Exchequer  Chamber  the  conclusion  come  to  was,  that  the  Sect.  293.
