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![handle is hein.slavery/ssactsengr0264 and id is 1 raw text is: HARRISON V. REG.-LEVIN LANK (THE) [1852, 1856]
ON APPEAL FROM THE VICE-ADMIRALTY COURT OF SAINT HELENA.
THOMAS HAIRISON and THOMAS ROGERSON,-Appellants; OUR SOVEREIGN
LADY THE QUEEN, THOMAS MILLER, and Others,-Respondents*
[Nov. 29, 30, 1852; Feb. 8, 18563.
THE LEvIN LANKi.
A vessel employed on the coast of Africa, in the palm oil trade, belonging to
British owners resident in England, was seized by a British cruiser, on the
ground of having false papers on board, and being otherwise fitted up for the
purposes of the Slave trade. The Commander sent the captured vessel with
a prize crew to Saint Helena for condemnation. Te master, mate, and
crew, being compelled by the captors to go on board the cruiser, did not
accompany the vessel to Saint Helena. The Vice-Admiralty Court at Saint
Helena condemned the vessel as being engaged in the Slave trade, contrary
to the Statute, 2nd and 3rd Viet., c. 73. The proceedings in that Court were
ex-parte, no one being present to represent the owners, who were not informed
of the seizure or subsequent condemnation till some months afterwards, when
they asserted an appeal to the Queen in Council. In these circumstances, a
libel on their behalf was admitted in the appellate Court.
Upon appeal: Held by the Judicial Committee (reversing the Sentence of coii-
demnation),-
First. That the seizure was unwarranted, there being no probable grounds to
justify a careful Commander making such a seizure; and the vessel decreed
to be restored, with costs and damages [10 Moo. P.C. 2123.
Second. That the proceedings relating to the condemnation were wholly irre-
gular, as the captor was bound by the Admiralty Instructions (Sec. i., Art. 21)
to have sent the chief mnate, supercargo, or boatswain, with the captured
vessel, for the purpose of giving evidence; and that as the captor took them
away and prevented them giving evidence, the condemnation was in conse-
quence wrong [10 Moo. P.C. 210, 211].
The Order in Council reversed the sentence of the Court at Saint Helena, with
costs, charges, losses, damages, detriments, demurrages, and expenses.
Held: that as it appeared that there was an error in the Registrar's office
in preparing the report containing such directions, upon which the Order
in Council was framed, and as it was contrary to the practice of the Court
to allow consequential damages, the Order in Council must be construed to
mean restitution with costs and damages, and a report of the Registrar
and Merchants rejecting a claim for consequential damages confirmed
[10 Moo. P.C. 222 et seq.].
This was an appeal from a decree of the Vice-Admiralty Court at Saint Helena,
brought by the [202] Appellants, the owners of a vessel called The Levin Lank and
cargo laden therein, against Her Majesty the Queen, and'Thomas Miller, the Com-
mander, and the officers and crew of the Sloop of war Ranyer, the seizors of
The Levin Lank and cargo, for an alleged infraction of the provisions of the Statute,
2nd and 3rd Viet., c. 73, for the suppression of the Slave trade.
The facts of the case out of which this appeal arose were as follows:-
The Appellants, merchants at Liverpool, were for many years extensively en-
gaged in importing paln oil from the coast of Africa into the port of Liverpool,
and were the owners of several vessels, some of large burthen, engaged in that trade.
For the purposes of [203] their trade they had a factory at Benin, on the coast of
Africa, under the superintendence of a resident agent, wherein the oil was collected
for shipment; but there not being sufficient depth of water over the bar of the Benin
Present: The Right Hon. Dr. Lushington, the Right Hon. Lord Cranworth,
the Right Hon. the Lord Justice Knight Bruce, the Right Hon. Sir Edward Ryan,
and the Right Hon. Sir John Patteson.
X MOORE, 202](ViewImageLocal?handle=hein.slavery/ssactsengr0264&div=1&collection=&method=preview&ext=.png&size=3)