HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0221 and id is 1 raw text is: REPORTS OF CASES heard and determined
by the Judicial Committee and the Lords
of the Privy Council, 1846-49. By EDMUND
F. MOORE, Barrister-at-Law. Vol. VI.
ON APPEAL FROM THE SUPREME COURT AT BOMBAY.
ROBERT WIGRAM CRAWFORD,-Appellant; RICHARD SPOONER,-
Respondent* [Dec. 11 and 15, 1846].
A ship built in a foreign port in India in 1817, within the limits of the Com-
pany's Charter, by foreigners, and which sailed under foreign flags, until
1838, when it was then and thereafter owned by, and belonged to, British
subjects, resident at Bombay, is entitled, under the Proclamation of the
Governor-General in Council, and the Act of the Legislative Council of India,
No. X. of 1841, (passed in pursuance of the powers, granted by the Statute,
3 and 4 Viet., c. 56,) to be registered at Bombay, as a British ship, for the
purposes of trade, within the limits of the Company's Charter.
This was an action on the case brought by the Appellant, (the owner, to the
extent of eight sixty-fourth parts, of a vessel, called the Gene'ral Wood,) against the
Respondent, the registering officer of ships, at the port of Bombay, appointed under
the Act of the Legislative Council, No. X. of 1841, for refusal to register the ship,
at that port. To the declaration, the Respondent pleaded, that the ship was not,
on the 11th of September, 1844 (the day named in the declaration, when the refusal
was made), or before, had not been, or was then, entitled to the privileges of, or to
[2] be registered as, a British ship; and thereupon issue was joined. It was after-
wards agreed between the parties that the following special case should be stated
for the opinion of the Court.
In the year 1816, a ship was laid down, and in 1817, was completed and built,
at Damaan, a Portuguese settlement in India, within the limits of the Company's
Charter (as those limits are defined by the 3 and 4 Vict., c. 56), for and as the
property of one Manoel Pereira, a Portuguese subject, and resident at Macao, who
continued to own the ship, and navigate her, under the flag of Portugal, until the
year 1824, when he sold and assigned the ship to one John Hudson, British subject,
a master mariner, resident at Calcutta.
John Hudson owned the ship, and navigated her under the British flag, until
1826, when he sold and transferred her to Francis Mendez, Portuguese, a merchant
of Calcutta, who, in 1827, transferred her to Antonio Pereira, also a merchant of
Calcutta. The vessel was shortly afterwards transferred to subjects of Portugal,
at Macao, and, in 1832, was transferred by them to John Burd, a master mariner.,
resident at Singapore, but a subject of Denmark.
* Present: Members of the Judicial Committee,-Lord Brougham, Lord Lang-
dale, the Right Hon. Dr. Lushington, and the Right Hon. T. Pemberton Leigh.
Privy Councillors,-Assessors,-Sir E. H. East, Bart., and Sir E. Ryan, Knt.
582](ViewImageLocal?handle=hein.slavery/ssactsengr0221&div=1&collection=&method=preview&ext=.png&size=3)