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![handle is hein.slavery/ssactsengr0415 and id is 1 raw text is: London on account of the owner of the vessel, as he believes, upon the information
he derived from the owner in Finland, and in this he is confirmed by all the ship's
papers. It is true, a claim has [379] been given on behalf of the house of Faleke
and Co. of Stockholm, in opposition to the ship's papers and the depositions ; such
claims, in opposition to the original evidence, have been in some few instances and
under very strong circumstances admitted, but with the utmost jealousy and caution,
and never without an explanation in the claim. Here, on the contrary, no explana-
tion, no. evidence is offered in support of this Swedish claim; it rests upon the
mere broad assertion of Swedish property. Under such circumstances I am bound
to say the claim cannot be admitted ; and the cargo, therefore, as Russian property,
must follow the fate of the ship.
HECTOR -(Eels). Nov. 28, 1811.-Condition to touch at Leith, if destined to
any port of this kingdom south of Hull, not held to include the ports of Ireland.
[S. C. 2 Eng. Pr. Cas. 102.]
This was the case of a vessel, under American colours, captured on the coast of
Norfolk, on a voyage from Archangel to Dublin, with a cargo of hemp, flax, tar, &c.
The licence was for a vessel under any flag except the French, to proceed to a port
of the United Kingdom, and stipulating that if the vessel should be destined to
any port of this kingdom south of Hull, with naval stores, she should stop at Dundee
or Leith for convoy, which in this instance had not been complied with; and on
that ground the captors pressed for condemnation.
Judgment-Sir W. Scott: It has been held that the words, this kingdom, since
the union, must generally be considered to mean this United Kingdom, for the
kingdom of [380] England, as a separate kingdom, has ceased to exist. If, therefore,
this licence was to be construed on a strict technical sense of the words, Ireland
would certainly be included. But as this Court has been accustomed to construe
licences with reference to the probable intention of His Majesty's Government in
granting them, and considering that this is a mode of expression not likely to be
employed, if the ports of Ireland were intended to be included, I think I must under-
stand the condition as applying only to vessels destined to ports of England south
of Hull. It would be an awkward and indirect mode of prescribing the conduct of
vessels bound to Ireland to distinguish ports of that island as south of Hull. And
I am confirmed in this view of the subject by the circumstance that late licences
which have been granted for the ports of Ireland, in which another mode is adopted
for securing the delivery of the cargo at the asserted port of destination, namely,
by a clause which makes it imperative on the parties to go north about. (a) It is
likewise to be observed, that in this licence the words, this kingdom, appear to be
placed in some degree of opposition or exception to the words United Kingdom,
which has been used in the antecedent part of the sentence.
[381] THE SNIPE and Others. July 30, 1812.-Breach of the blockade imposed
under the retaliatory Order in Council of 26th April 1809.-Revocation of the
Berlin and Milan decrees not proved.-Condemnation.
[Discussed, The Leonora, [1918] P. 182; affirmed [1919] A. C. 974.]
Judgment-Sir W. Scott: This American ship was taken by a British privateer,
near the mouth of the river of Bourdeaux, upon the 28th March last, with papers
for Gottenburgh, but certainly going to Bourdeaux. A claim has been given for
the ship and cargo, as the property of American citizens. On the part of the captors
it is contended, that the ship and cargo are liable to condemnation under the British
Orders in Council. On the part of the claimants it is contended that the operation
of those Orders had ceased, the French decrees, to which they were retaliatory
having been repealed, and consequently the British Orders having expired in point
of justice and authority, and according to pledges solemnly and repeatedly given
by the British Government, that they should cease whenever the French decrees were
actually revoked. This case, which involves some other cases that resemble it in
the general circumstance of the ships being employed in voyages to and from France
(a) In the case of The Success, Smith, December 1811, the licence contained
the following clause : If to Ireland, the vessel shall go north about ; if to any port
of this kingdom, south of Hull, then to stop at Dundee or Leith for convoy.
THE HECTOR 9
1145
EDW. 379.](ViewImageLocal?handle=hein.slavery/ssactsengr0415&div=1&collection=&method=preview&ext=.png&size=3)