Leakage

The waste which has taken place in liquids, by their escaping out of the casks or vessels in which they were kept. By Act March 2, 1799, § 59 (1 Story, U. S. Laws, 625), it is provided that there be an allowance of two per cent, for leakage on the quantity which shall appear by the gauge to be contained in any cask of liquors subject to duty by the gallon, and ten jier cent, on all beer, ale, and porter in bottles, and five per cent, on all other liquors in lawful to compute the duties on the actual quantity, to be ascertained by tale, at the option of the importer, to be made at the time of entry.

The waste which has taken See Cory v. Ins. Co., 107 Mass. 140, 145, 9 Am. Rep. 14. Where in a bill of lading a clause is inserted exempting the owner of the ship from loss caused by “rust, leakage, or breakage,’’ he will be liable if damage from these causes be occasioned by the negligence of himself or his servants in stowing; 2 A. & E. 375; 38 L. J. Adm. 63; 10 Q. B. D. 521. The primary and natural meaning of the stipulation is that the shipowner will not be answerable if the thing coraprieed in the bill of lading shall itself rust, leak, or break, and therefore it furnishes him no protectiou against his liability to compensate for consequential damage happening to that thing by reason of some other thing’s ru.sting, leaking, or breaking; 46 L. J. C. P. 402; 2 O. P. D. 432.

An allowance for loss by leaking. When bottles which have been filled and corked are found partly empty, while still whole, and the corks in their places, the deficiency, whether called ' ' ullage ' ' or " wantage " or by any other name, can only have arisen from leakage. = LEAKTINGr. The courts are said to lean or to have a leaning againsi a, particular construction or result, when some rule of policy or expediency directs them to presume in favor of another view or result.'

1. Loss or waste, in liquids, which has arisen from a portion escaping from the cask or vessel. When leakage is predicable of "ullage" or " wantage " in a bottle, though the cork is not displaced, see Cory v. Boylston Ina. Co., 107 Mass. 140, 145. 2. An allowance made, in the collection of duties on liquid merchandise, to an importer, for loss, by portions of the liquid escaping from its receptacle.