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![handle is hein.slavery/ssactsengr0099 and id is 1 raw text is: JUNGE RUITER (THE) [1309]
continued to beat up to the port of his destination; and, as far as wind and
weather would permit him, during the whole time never altered his course, although
thrice boarded by the captors in this situation. No attempt had been made at
any time to approach any other port, although perfectly practicable. After the
vessel had been carried into port, the captors became alarmed for the consequences
of this unjust detention, and offered to liberate her on payment of their expences.
The owner assented to accommodate the difference by mutual concession, so as that
no further expence should be incurred. This proposal was not complied with, and
proceedings being instituted, the vessel was restored, but no allowance made
[115] for those expences unjustly accumulated on the owner by the obstinacy
and cupidity of the captors. It must be evident, that had it been her intention
to have gone into any port of France, she might with equal ease have procured
a licence for this purpose. Hence, there had appeared no ground for her detention
in the Court below, but as no allowance had been made for the losses sustained
in not bringing her cargo to that market, at a time when it must have sold
extravagantly high, and the whole cargo having been since almost rendered worth-
less by the ship's having sprung a leak in consequence of being run on shore at
Harwich, the owner was encouraged to hope, that as nothing had been left undone
to satisfy the captors of the justifiable natUre of this voyage when at sea, that they
would not be permitted to detain her without paying the severe loss and expence
which had been incurred by this unwarrantable detention.
JUDOMENT.-Their Lordships confirmed the decree appealed from and condemned
the appellants in the costs of the appeal.
[As to costs, see Rules in Prize Proceedings, 1898 (Stat. R. and 0., 1898, pp. 905
et seq.), rr. 221-226.]
[116] JUNGE RUITER, DE RUITER, Master [July 13, 1809].
Neutral domicil.-A bona fide residing of the proprietor and family, though
subject to periodical interruption on his part, occasioned by the nature of
his professional avocations, decisive as to national character.
By the decree of the High Court of Admiralty, this vessel had been restored to
the owner (who was also master), as a neutral vessel, the property of a subject of
the Duke of Arenberg, residing at Papenburg. From this decree the captors
appealed.
Swaby and Stephen for the Captors.-If the national character of a ship is to
determine that of the master, there will be in this case sufficient ground for con-
demning the vessel, without referring to the suspicious nature of the trade in which
she was engaged. This vessel was taken on a voyage from Tremblade in France
to a market, laden with salt. She is described by her papers to be a Pap~uburg
vessel, and is furnished with a passport from the Duke of Arenberg. The master,
in his examination, states her to be his own property, as welloas her cargo; that lie
bought her from a Papenburg merchant, and had constantly employed her since
that purchase in the timber trade from Norway to Delftziel, Amsterdam, and
Embden. The usual port of resort has been Delftziel; here he has refitted and lain
during each successive winter, and she appears never to have been in Papenburg
during the ten years she has been his property. Thus she has ever been employed
in carrying on a trade from an enemy's port, and consequently to the advantage
of the enemy. Hence, upon the principle which influenced the decision of the
Judge of the High Court of Admiralty, in the condemnation of [117] the Endraugia
(Robinson's Reports, vol. 1, p. 23), this vessel must be considered actually the
property of the enemy, since the only circumstance that points out the master's
connection with Papenburg is his having a nominal domicil there, by its being
the residence of his wife, and occasionally that of himself during one half the year.
This, if it proves any thing, proves an equal domicil in both places. A transfer
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