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![handle is hein.slavery/ssactsengr0462 and id is 1 raw text is: THE LEVIN LANK
must say the words used in the statute do not give effect to their intention, and
the maxim quod voluit non fecit would apply to the present case. But I entertain
much doubt whether the Legislature 4id intend to go beyond the conclusion I have
put upon the statute. I doubt if any intention was entertained of excluding from the
Admiralty jurisdiction salvage services, even of small amount, performed on the
high seas, and at a distance from the United Kingdom ; and I entertain this doubt
for several reasons: First, because if such were the intention, nothing would have
been more easy than to have expressed it in a few words; all that would have
been necessary would have been to have said-no salvage suit shall be brought in
the High Court of Admiralty when the sum sued for does not exceed £200; but no
such words are used. Secondly, when services are performed on the high seas, and
ships and cargoes are carried to different, and sometimes distant ports, and to
[45] which neither salvors nor owners belong, and where viva voce evidence could not
easily be given, a jurisdiction by two justices seems to be wholly inapplicable. For
these reasons then, I am of opinion that I must adhere to the construction I have
stated. The consequence will be, that on the present occasion I must pronounce
for the protest against my jurisdiction. It will be understood that in future cases
I shall put this construction on the statute, unless otherwise directed by superior
authority.
Jenner, proctor for the salvors.
F. Clarkson for the Leda.
IN THE PRIVY COUNCIL.
Present-The Right Hon. Stephen Lushington.
The Right Hon. T. Pemberton Leigh.
The Right Hon. Sir Edward Ryan.
The Right Hon. Sir William H. Maule.
THE LEVIN LANK -(J. Tuzo) Master. February 8, 1856.-On appeal from the
Vice-Admiralty Court of St. Helena.-On a decree of the Privy Council, reversing
a sentence of the Vice-Admiralty Court of St. Helena, which had condemned the
Levin Lank as a slaver, and restoring the property with costs and damages,
the owners' claim for damages amounting to upwards of £20,000, was in great
part made up of probable or possible profits which it was asserted they might
have made, had not it been for the detention of the vessel. Held, affirming
the report of the registrar and merchants, that the owiners were entitled to be
reimbursed to the full extent of their losses, but could not claim profits, which
though possible, might never have been realised.
[S. C. Moore, 10 P. C. 201; 14 E. R. 469.]
This was an objection taken to the report of the registrar and merchants in a
cause of appeal from a sentence of the Vice-Admiralty Cburt of St. Helena, con-
demning the Levin Lank, which had been seized by H.M.S. Ranger on the
African coast, in January 1850, on the ground that she was engaged in carrying on
the slave trade.
In November 1852, their Lordships advised Her Majesty that the sentence
appealed from should be reversed, and the ship and goods restored with costs and
damages. In April 1855, the appellants brought in their claim for damages
amounting to [46] £20,408, Os. 5d. Of this claim the registrar and merchants
allowed only £1593, 9s. 10d. ; and this report was now objected on behalf of the
appellants.
The schedule annexed to the report, and the following statement of the
registrar's reasons for such report, contain all the necessary facts and circumstances
of the case.
Schedule referred to in the Report of the Registrar and Merchants.
Claimed. Allowed.
£ s.d. £ s.d.
No. 1. To cost price of the Levin Lank . 1400 0 0 1400 0 0
2. ,, Value of cargo on board when seized 23 15 0 23 15 0
3. ,, Ditto stores ditto . 13 4 0 13 4 0
1010
SWAB. 45.](ViewImageLocal?handle=hein.slavery/ssactsengr0462&div=1&collection=&method=preview&ext=.png&size=3)