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![handle is hein.slavery/ssactsengr0036 and id is 1 raw text is: LAWRENCE V. SYDEBOTHAM
[45] LAWRENCE AND OTHERS against SYDEBOTHAm. Friday, Jan. 25th, 1805. A
policy of insurance on a ship on a certain commercial voyage, with or without
letters of marque, giving leave to the assured to chase, capture, and man prizes,
however it may warrant him in weighing anchor, while waiting at a place in the
course of the commercial voyage insured, for the purpose of chasing an enemy
who had before anchored at the same place in sight of him, and was then
endeavouring to escape, will not warrant him after the capture, and in the course
of the further prosecution of the voyage in shortening sail and laying to in order
to let the prize keep up with him, for the purpose of protecting her as a convoy
into port in order to have her condemned; though such port were within the
voyage insured.
[See Scaramanga v. Stamp, 1880, 5 C. P. D. 300.]
This was an action on a policy of insurance on the ship Tamer, with or without
letters of marque, valued at 60001., and on slaves and goods as interest might appear,
at and from Liverpool to the coast of Africa, during her stay and trade there, and
at and from thence to her port or ports of sale, discharge, and final destination in the
British and foreign West Indies and America, with leave to chase, capture, and mart
prizes. The plaintiff declared upon a loss by.the perils of the seas; to which the
general issue was pleaded. The cause was tried before Graham B. at the last
Lancaster Assizes, and the material question now was, whether the policy were
avoided by a deviation in the course of the voyage? As to which it appeared in
evidence that the ship sailed from Liverpool upon the voyage insured, and arrived on
the 14th of August 1803 off the entrance of the Congo River, on the coast of Africa,
where she found La Braave, a French trading vessel, with a brig and tender, and
anchored within six miles distance of them. The next morning the Tamer got
under weigh, and came within three miles of the French vessel, which soon after
stood out to sea, and was pursued for about 30 miles, and engaged and captured by
the Tamer, which carried 18 guns. After this the Tamer returned to the coast
of Africa with her prize, and finished her trading there, and proceeded, on the 15th
of October, with her cargo and the prize in company, on her voyage to the West
Indies, in the course of which she leaked very considerably, and after making more
and more water from time to time, she finally (46] foundered at sea, and the crew
were saved by the prize La Braave, which kept her company all the voyage till
she sunk. On this point the captain deposed at the trial, that he received instructions
from his owners before the voyage to take any ship he might capture under his pro-
tection ; in consequence of which he continued with his prize, and not with a view of
receiving from her any protection against the risk of the leak of his own ship. That
several times during the voyage he shortened sail and lay to in order to give the prize
time to come up, and in order to keep company with her, and particularly on one
occasion when the prize had carried away her fore-top-mast. It was objected by the
defendant's counsel, that the ship had deviated from the voyage insured in two
respects ; 1st, in weighing anchor off the mouth of the Congo River, for the sole
purpose of pursuing and taking the prize; 2dly, in shortening sail during the voyage
to the West Indies, for the purpose of convoying the prize ; neither of which, it was
contended, was warranted by the liberty given in the policy to carry letters of
marque, and to chase, capture, and man prizes. But the learned Judge's opinion
inclining in favour of the plaintiff upon the construction of the policy in both respects,
he directed the jury accordingly, and they found a verdict for the plaintiffs.
The letters of marque recite an order by the King in Council, that all ships that
shall be commissioned by letters of marque and general reprisals, &c. shall and may
lawfully seize and take the ships, vessels, and goods belonging to the French Republic,
&c. and bring the same to judgment in the High Court of Admiralty of England, or
in any of the Courts of Admiralty within the King's dominions, for proceedings and
adjudication and (47] condemnation to be thereupon had, &c.: and then reciting
that the captain of the Tamer had given sufficient bail, with sureties, to the King
in the High Court of Admiralty, according to instructions made the 17th of May
1803, a copy of which was given to the captain, it proceeds to authorize the captain
to set forth the ship Tamer in a warlike manner, to seize and take the ships, &e. of
the French Republic, &c. and to bring the same to such port as shall be most con-
1204
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