HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0452 and id is 1 raw text is: TIHE FLORIDA
demanded by the owners of the steam vessel, and was paid by the owners of the
Ocean.,
With regard to the absence of the protest, I place no reliance upon it in the
present instance ; because this is not a case in which great damage was done to the
vessel, or in which it was particularly necessary to make a protest, for the purpose
of making good a claim upon the underwriters. The value of the ship, cargo, and
freight is £10,500, and although I do not think that the value can be said to form
an important ingredient for consideration, under the circumstances of the case,
yet I do not think it is altogether to be left out of my estimate. I think that the
salvors are entitled to be remunerated-
1st. For their readiness during stormy weather to render assistance to ships
in distress.
[97] 2ndly. For the peril which they encountered in boarding this vessel.
3rdly. For the actual service rendered in conveying the message to the port of
Ransgate, and in the master returning as he did with the steamer, and accompanying
the vessel to London. It is desirable that the salvors should be well paid for their
services, and I shall overrule the tender, and decree them the sum of £40, for the
general encouragement of similar efforts.
THE FLORIDA -(Proven a). April 28, 1843.-An attachment for contempt of
Court decreed against a brig of war's agent, residing in the Island of Grenada,
for nonpayment into the mixed Commission Court, at Sierra Leone, of the
proceeds of a slave capture, as directed by a monition from the Court of
Admiralty.
In this case, the Portuguese schooner the Florida was seized and taken,
with a cargo of 283 slaves on board, by Her Majesty's brig of war Harpy and
carried to the Island of Grenada, where, in consequence of the vessel being unsea-
worthy, the slaves were landed and delivered over to the collector and controller
of Her Majesty's Customs at that island. The vessel was sold, and the proceeds
of the sale, amounting to £318, 6s., were paid to P. G., the agent appointed to act
for the captors at that island.
Proceedings were subsequently instituted by the captors in the mixed Commis-
sion Court at Sierra Leone, and on the 21st of November 1839, the schooner, her
tackle, &e., were condemned to the captors. Applications were subsequently made
to P. G. to remit the proceeds of the sale of the vessel to this country for the purpose
of distribution, but without effect.
[98] Upon the 9th of July 1841, a monition was decreed to issue against J. P.,
for payment of the proceeds into the registry of the mixed Commission Court,
within sixty days after service thereof. The monition was returned duly executed,
and an affidavit was brought in sworn by the registrar of the mixed Commission
Court, stating that lie had examined the records of the mixed Commission Court,
since the date of the decree of condemnation, to the 27th of February 1843, and that
neither the said sum of £18, 6s., nor any part thereof, had up to that time been
paid into the registry of that Court.
Under these circumstances, the Court was now moved to decree an attachment
for contempt of Court to issue against the said P. G.
Attachment decreed.
THE ANNE AND JANE -(Boyce). April 28, 1843.-Question of practice as to
pleading. Objections to the admission of a reply in a cause of damage, upon
the ground of redundancy and irrelevancy, overruled. Semble: where the
parties suing are foreigners, the Court will be more indulgent in overlooking
mere technical defects in the conduct of the proceedings than in the case of
a British suitor.
o IS. C. 2 Notes of Cas. 313; 7 Jur. 659.]
In this case, which was a case of damage by collision, an act on petition and an
answer had been adniitted in the cause. A reply was now brought in, and the
admission of this reply was opposed.
In support of the objection-Addams and Robinson submitted: That it was
incumbent upon the party proceeding in a cause to state his case in the first instance,
and it was not competent to him to lie by and plead, in subsequent pleas, facts
2W. ROB. 97.](ViewImageLocal?handle=hein.slavery/ssactsengr0452&div=1&collection=&method=preview&ext=.png&size=3)