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![handle is hein.slavery/ssactsengr0261 and id is 1 raw text is: FRANCISKA (THE) [1856] X MOORE, 74
THE FRANCISKA.
A ship and cargo taken as prize having been condemned by the Admiralty Court,
was sold under a decree of that Court, pursuant to the Prize Act, 17th and
18th Viet., c. 18, s. 26. The decree was reversed by the appellate Court, and
simple restitution decreed.
Held: that as the captors were bona fide in possession during litigation, they
were entitled to the rights, allowances, and incidents attaching to such pos-
session, and that the claimants were only, upon simple restitution, entitled
to the nett proceeds of the sale, after deducting from the gross proceeds the
Marshal's charges, consisting of (1) expenses of sale, (2) reasonable expenses
for the care and custody of the property pending adjudication, and (3) for
pilotage, lights, and other dues, incurred in bringing the ship to England
[10 Moo. P.C. 92].
Practice in former wars in such cases [10 Moo. P.C. 90-92].
A further question arose in the cases of The Francika, and the ship Untion,
which had been also seized by The Crusier for a breach of the blockade of Riga, and
condemned; but in accordance with the decision in The Franciska, the sentence of
condemnation had been reversed; whether the claimants upon the reversal of such
sentences were entitled to the gross proceeds of the sale, or only to the nett proceeds,
after deducting the Marshal's charges.
It appeared that after their condemnation as prizes by the Admiralty Court,
the ships were, upon the petition of the Queen's Proctor, in pursuance of the Act,
17th and 18th Vict., c. 18, s. 26, decreed to be appraised and sold. The sales were
accordingly effected by the Marshal as directed by that section, and the gross pro-
ceeds were paid by him, to the account of the Paymaster-General, into the Bank of
England. Subsequently, the Marshal brought in his account of charges in each case,
which being taxed, an order was made under the provisions of the 28th section of
that Act, for the payment out of the proceeds then in the hands of the Paymaster-
General. The Marshal's [74] charges were of three descriptions: First, those which
related exclusively to the charge for advertising, sale, for printing and distributing
inventories, for use of Lloyd's room, appraising, commission of sale, etc. ; secondly,
those which related to the care and custody of the ships and cargo, pending adjudica-
tion, the charges for possession, dock dues, warehouse room, etc.; and, thirdly, those
which were incurred in bringing the ships and cargoes to. this country, for Pilotage,
Trinity lights, Ramsgate dues, etc. The Registrar received from the Paymaster-
General the proceeds realised by the sale, on account of the prizes and their cargoes
less the Marshal's claim for fees and disbursements; which the claimants refused to
accept, insisting on their right to the gross proceeds of the sales.
The claimants now moved (12th April, 1856 *) for payment to them of the
amount of such gross proceeds.
Dr. Addams for the Claimants.
The Queen's Advocate (Sir John Harding), for the Captors, opposed,-Sub-
mitting that the question was one rather between the officers of the Court and the
claimants, than between the claimants and the captors.
At the conclusion of the argument their Lordships reserved judgment, the question
being, in their opinion, one of considerable importance, and as such, they deemed it
requisite to see whether there were [75] any authorities upon the point. They
referred the matter, therefore, to the Registrar of the Court, in Ecclesiastical and
Maritime causes, to examine into and report upon the practice in such cases pre-
vailing during the last war in this respect, upon the question, whether any and what
deductions were allowed from the gross proceeds of property sold in cases of simple
restitution. The Registrar having made his report (a),
* Present: The Right Hon. Dr. Lushington, the Right Hon. T. Pemberton Leigh,
the Right Hon. Sir Edward Ryan, and the Right Hon. Sir John Patteson.
(a) As the report of the Registrar contains a very full and valuable account of
the practice in former wars upon this point, the Reporter, thinking that it would
be acceptable to the profession, has obtained permission of the Registrar to print it.
P.C. In. 417 14](ViewImageLocal?handle=hein.slavery/ssactsengr0261&div=1&collection=&method=preview&ext=.png&size=3)