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![handle is hein.slavery/ssactsengr0381 and id is 1 raw text is: THE PERSEVERANCE 2 3
title to a quantum meruit for his additional service as master ; unless it can be shewn
that the office of mate was regularly devolved upon some-[239]-body else, and the
duties of it were entirely performed by that other person : it is the inclination of
the Court to aid the present suitor as far as it can consistently with law, as it clearly
appears that he has no chance of recovering elsewhere from an insolvent party.
In respect to the distinction taken between an original suit, and a permission
to be paid out of the proceeds, upon enquiry no instance has been found, in which
a master has been permitted to sue against proceeds in the Registry, except in
cases of mere remnants and surplus; and not even then, if there have been any
adverse interests opposing it.
THE PERSEVERANCE -(Pittor, Master). Nov. 22, 1799.-Amelioration of
prize ship, purchased by a neutral, under illegal condemnation in Norway:-
allowance made, on restitution, to original owner.
[S. C. 1 Eng. Pr. Cas. 226. See The Kierlighett, 1800, 3 C. Rob. 96.]
This was a case of a ship that had been a British prize, sold under a sentence
of condemnation in Norway, to a Swedish merchant, and was seized on coming to
the Isle of Guernsey, on the part of the former owner: an appearance being given
for the neutral purchaser, it was submitted, on his part, that, if the vessel was to be
restored to the former owner under the authority of The Fled Oyen (1 C. Rob. 135),
it was still but reasonable, that some compensation should be made for considerable
repairs which the ship had undergone, in the possession of the Swedish purchaser,
to the amount of £205.
Judgment-Sir W. Scott : It is a general rule, undoubtedly, that whoever pur-
chases under an illegal title, does it [240] at his own peril ; and must take the con-
sequence (both in his purchase and in his own subsequent expenditure upon it)
of his inattention to his own security ; but I think this was not a title so notoriously
bad, at the time when this purchase was made, as to bring it fairly under the appli-
cation of the general rule to its utmost extent.
The Court has had occasion to enquire into the validity of such purchases, and
has, upon a regular discussion, pronounced them invalid ; and if henceforth neutrals
shall continue to purchase under such flimsy titles, they must take the consequences
of their own imprudence. But it may be too much to apply this maxim without
any alleviation, to a person, who has heretofore bought under a practice, which,
though illegal, was too prevalent in some ports of the North of Europe : it appears
that a sum of money has been expended on the repairs of this vessel, by which the
claimant will be benefited, though not to the amount of the sum laid out; something
must be allowed for wear and tear ; ahd besides, the party who has expended this
sum, has had the use of the vessel in the mean time : I shall therefore not allow the
whole sum, but I shall take a moiety, and I shall allow that, in consideration of the
benefit which the original owners are likely to receive from the amelioration.
Sum asked £205. Given £102.
Ship restored to the former owner on salvage.
[241] (INSTANCE COURT.)
THE ISABELLA -(Brand, Master). Nov. 22, 1799.-Mariners' wages, ship's
articles, to be signed before clearing officer, &c. to be conclusive :-Act 2 G. 2.
c. 36, 2 G. 3. c. 31, 39 G. 3. c. 80. s. 27.-Demand of additional privilege under
custom of the trade, not allowed.
This was a case of a summary petition (a) on behalf of the widow and representa-
tive of G. Carlson, late chief mate of the said ship, to recover a sum of money due
for wages, on a voyage from the port of London to the coast of Africa, &c. and from
thence to the West Indies. The demand was for £26, at the rate of £4 per month
(a) The first article of the petition pleading the hiring, stated, that the master,
&c. did hire the said G. Carlson.to serve as chief mate on board the said ship, at
and after the rate or wages of four pounds the month, with the benefit of a slave,
when the cargo was taken completely on board, in Africa, without any mention
of the custom of trade :-and the schedule annexed to the petition was, £ s. d.
Wages for six months and sixteen days, . . . . 26 5 6
To a slave as per agreement, the value of which is £70 or thereabouts, 70 0 0
302
2 C. ROB. 239.](ViewImageLocal?handle=hein.slavery/ssactsengr0381&div=1&collection=&method=preview&ext=.png&size=3)