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/ssactsengr0468 and id is 1 raw text is: employed. Barton v. The Queen, 2 Moore, P. C. C. 19, followed. In the
Vice-Admiralty Court the parties implicated, if known, must be cited by name
in the monition of the Court, to shew cause against the forfeiture and penalties,
as required by the Order in Council, issued under 2 & 3 Will. IV, c. 51 ; and if
the monition be general only, no penalties against individuals can be pronounced
for. If the Judge believes that the parties implicated are bona fide ignorant of
the proceedings, he should suspend his judgment for the penalties. Shippers, not
cited by name in the monition of the Vice-Admiralty Court, and condemned in
penalties, allowed to intervene in the appeal promoted by the owners of the
vessel. A special libel of appeal, with allegation and responsive allegation,
pleading new matter, admitted by the Court of Appeal, and evidence taken
thereon. Under the circumstances of the case, the Court of Appeal, reversing
the sentence of the Court below, restored the ship, with costs and damages, and
remitted the penalties of the shippers, with costs, but without damages, and
refused costs to the owner of the cargo, who had not cleared himself by making
an affidavit.
On Appeal from the Vice-Admiralty Court of St. Helena.
[S. C. 11 Moore P. C. 155; 14 E. R. 654 (with note) ; 6 W. R. 310.]
[335] THE NEWPORT (a). February 3, 1858.-Ship-Condemnation and sale by
decree of Vice-Admiralty Court-Reversal of decree with costs and damages-
Measure of damages.-The capture of a chartered ship, and condemnation and
sale by decree of a Vice-Admiralty Court do not, if the decree is reversed by the
Court of Appeal (although more than three years afterwards) with costs and
damages, amount to a prevention by the perils enumerated in the charter; but
the shipowner is bound to perform his contract or to pay damages. A ship-
owner has no claim to freight pro rata itineris peracti, except there be an accept-
ance of the goods by the shipper at the shorter destination, such that the law
will imply a new agreement for freight pro rata. Under a decree of restitution
with costs and damages, a shipowner is entitled to recover damages : (1) for loss
of chartered freight ; (2) for liabilities incurred for non-performance of his
charter (or cost incurred by final performance thereof) ; (3) for interest upon the
amount recovered from the probable date of the termination of the chartered
voyage (supposing there had been no capture) up to the date of payment. But
he is not entitled to recover for estimated profits from the employment of the
ship subsequently to the chartered voyage. A ship was chartered from London
to Ambriz and back, to carry out goods and bring back a return cargo ; on
being paid freight as follows, viz. : for the whole reach and burden of the said
vessel's hold from bulkhead to bulkhead, for the voyage out and home as herein
stated, the sum of £900 sterling, in full, together with ten guineas gratuity to
the master for his satisfactory attention to the cargoes, payable as follows, viz. :
£400 sterling in cash on ship sailing from London, ship lost or not lost, and the
remainder on correct delivery of the return cargo, less three months' discount
on half the amount (the act of [336] God, the Queen's enemies, fire, and all and
every other dangers and accidents of the seas, rivers, and navigation of whatever
nature and kind soever during the said voyage whatsoever excepted) ; the freight
to be paid on unloading and right delivery of the cargo as above stated. The
ship sailed, and on the 21st of September 1854, arrived at Ambriz, when she was
immediately captured as engaged in the slave trade, and taken to St. Helena.
On the 20th of November 1854, the Vice-Admiralty Court at St. Helena con-
demned the ship as lawful prize, and the shippers of cargo in penalties. The ship
was thereupon sold, and the cargo, whichwas retained for payment of the penalties,
unladen and warehoused. The decree was appealed to the Privy Council, and
on the 3rd of February 1858, reversed, with costs and damages to the shipowner,
but without costs or damages to the owner of the cargo. The amount of the
shipowners' damages was referred to the registrar of the Court of Appeal and the
merchants; they reported that he was entitled to recover from the captors (1)
the value of his ship at the time of capture ; (2) £400 as an equitable amount
of damages for which he was liable to the freighters for non-performance of his
(a) See Lozano v. Javsen, 6 Jur. 1401.
THE NEWPORT
SWAB. 335.
1155](ViewImageLocal?handle=hein.slavery/ssactsengr0468&div=1&collection=&method=preview&ext=.png&size=3)