Reports of Cases Argued and Determined in the High Court of Admiralty, Commencing with the Judgments Of; The Right Hon. Sir William Scott, Michaelmas Term 1798 - By Chr. Robinson Volume 6
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1806 edition. Excerpt: ...which that presumption would become a subject of more rigorous investigation. Deceit was practised, as to the destination; and I must think, a fraudulent deceit, for the express purpose of evading the jealousy and vigilance, with which a direct destination in such a trade would have been King's Advocate prayed the Court to pronounce against the claim of freight and expences. Court-I shall not do that, because it is poflible that the owner of the ship might not be conusant of the intention under which the original destination was sscontinuedffl-Freight and expences given. ' (a) The master had said, V that. on his arrival he was ordered to go on under a new verbal agreement as to the freight, as there was no time for a regular charter-party. On the part qfsi tsibe claimants, Laurence and Swabey contended-That the statutes under which this ship and cargo had been condemned in the Court below, were meant only for the regulation of the ordinary trade of Britzsh merchants, and that they did not apply to cases of prize; that the purchasers, in this instance, stood precisely in the place of the original captors, and had interposed only for the purpose of bringing the prize to sale, which the captors them-_ selves, being the garrison of Goree, were incapable of doing; that in this respect it differed materially from the case lately decided, in which the property in question was not prize property, but only the proceeds of prize, which had been acquired by the captors in trzgffic on the coast of Africa; that with respect to prize goods, under the Navigation Act (a), an exception had always been allowed in favour of captors, or those purchafing of them, under the advice of the law officers of the Crown (b). JUDGMENT. Sir William scath-This case...
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- 13 Sep 2013
- Illustrations, black and white