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![handle is hein.slavery/ssactsengr0383 and id is 1 raw text is: the wages ; the master and mate having less, by their agreement, than the ordinary
mariners ; but it is impossible for me to say, that because their wages arc so small,
that therefore this particular privilege of a slave exists. I may have my surmises,
that they might enjoy some other additional [245] advantages; but it is impossible
that I can come to a conclusion, that therefore this particular privilege of a slave
exists, which so much exceeds the amount of the contract. If any such under-
standing prevails, care ought to be taken to insert it in the articles. I must reject
that part of the petition.
Petition directed to be reformed.
(INSTANCE COURT.)
THE FABIUS -(Cowper, Master). Nov. 27, 1800.-The Vice Admiralty Courts
in the West Indies have no jurisdiction over offences committed against re-
venue laws, out of their respective Islands.
This was a case in which a material question arose respecting the extent of the
jurisdiction of the Vice Admiralty Courts in revenue matters.
It was the case of an American ship and cargo, taken as prize, 18th February
1798, by the Lark privateer, and carried to New Providence, where she was restored
by consent, February 25th. On the same day, she was again seized by Capt. Church,
of His Majesty's ship of war the Topaz, lying in the harbour of Nassau, in New
Providence; on suggestion that she had exported from Savannah la Mer, in Jamaica,
her last clearing port, logwood, &c. in violation of the plantation laws of this kingdom.
On this ground a libel of information was filed; and proceedings were regularly
pursued in the Vice Admiralty Court of New Providence, and the Court pronounced
a sentence of confiscation of the ship, tackle, and cargo, &c.
The cause was now brought before the High Court of Admiralty, on appeal
from this sentence, on the part of the master, claimant of ship and cargo.
[246] In support of the appeal, Lawrence and Swabey-argued on the merits,
that the ship had gone into Jamaica, with provisions, &c. in consequence of a pro-
clamation from the Governor of Jamaica; and that the logwood had been weighed
by the custom-house officer, and shipped with his privity and knowledge. They
were proceeding farther to dispute the competency of a Vice Admiralty Court to
take cognisance of a breach of the revenue laws, committed without the limits of
its local jurisdiction, and in another island,-when the Court stopped the argument.
Court.-I have a strong persuasion that there has been a determination on this
point; and that it has been decided, that Vice Admiralty Courts have no authority
to take cognisance of offences committed not within the limits of their local juris-
diction. I shall defer this cause, that an inquiry may be made into the precedents
on this point.
On the 11th December 1800 the cause came on again, when Dr. Swabey pro-
duced the case of The Vrouw Dorothea, Block, Master, determined before His
Majesty's High Court of Delegates, at Serjeant's Inn, June 17, 1754.-Present:-
Sir Michael Foster; Sir Sydney Stafford Smyth; Mr. Justice Gundry; Dr. Walker;
Dr. Bettesworth ; Sir Ed. Simpson ; Dr. Collier ; Dr. Ducarel.
[The facts of that case were, that the Dorothea, a Dutch ship, from Amsterdam
to Curacoa, was taken by the Wager man of war, 26th August 1746, and carried
to [247] Jamaica, where she was proceeded against as prize, and restored ; after
which the master petitioned the governor for leave to seI some part of his cargo,
and having sold part under his permission, and the inspection of the naval officer
of Jamaica, sailed from that port, but was driven back in distress, when he obtained
permission to unload and careen, and sell a farther part of his cargo to defray his
expenses ;- she again sailed, and on the 7th August 1747 was again taken as prize
by the Trelawney privateer, and carried to Charlestown, where she was proceeded
against as prize, and restored with costs ; but on the 7th December 1747, as she
lay off Charlestown, she was seized by W. Hopton, deputy naval officer, and pro-
ceeded against as forfeited, for having imported into, and exported out of Jamaica,
goods contrary to law. After the usual proceedings the ship was condemned, July
4th 1748, and the master, Block, appealed to the High Court of Admiralty of
England.
The libel of appeal was not in common form, but special, in objecting against
the jurisdiction of the Judge appealed from. That a certain cause, civil and
THlE FABIUS
304
2 C. ROB. 245.](ViewImageLocal?handle=hein.slavery/ssactsengr0383&div=1&collection=&method=preview&ext=.png&size=3)