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/ssactsengr0472 and id is 1 raw text is: THE KAMMERHEVIE ROSENKRANTS
song in its commencement and in its conclusion, and is throughout set forth in the
proceedings. It is said, on the part of the owners, that a considerable length of
time elapsed before their agent could dispose of the cargo ; partly owing to the ship
being frozen up, and partly, without doubt, to his waiting for a better market;
anxious as he would be to take advantage of the high price that the increased demand
might be expected to create from the continuance of the frost. Both reasons pro-
bably acted on the broker ; for it is well known, that where there is a great distress
for coals, ships are in the habit of waiting for an ad-[62]-vanced price ; a system
which is much discountenanced in the London trade. The parties on both sides
began to be a little tired : the captain said there were great expenses incurred by the
ship (and this was a very just observation) ; and it became doubtful whether the
eventual return might cover them, and indemnify his employers. A large fleet of
colliers might come in and defeat the expectation of waiting. He proposes to the
men, and the advice was proper enough, under these circumstances, to look out for
some other employment, and they quit the ship at his suggestion ; but they quitted
it unsuccessfully. They again returned on board, and they continue with the
ship until the provisions are stopped. This is then the real question in the cause,
and the Court must be guided by the predominance of evidence which, in this part
of the case, is in favour of the mariner's claim. It is credible in itself and consistent
with probability. The men had no breakfast, and there was the same prospect
with regard to dinner. I am therefore of opinion, that the departure of the seaman
was justified, and that he is entitled to his wages, with the costs of this suit.
KAMMERHEVIE IROSENKRANTS -(Morek). July 9, 1822.-A bottomry bond-
holder permitted to have a priority of lien upon the proceeds of the ship, to
secure the reimbursement of his advances to the crew.
On behalf of the holders of a bottomry bond, the Court was moved (upon affidavit,
with a schedule of the wages due to the crew, and with the [63] consent of the master
and a certificate of the Swedish consul annexed), to permit the bondholders to pay
the wages of the crew, in order to save the expense arising from their detention on
board, and to decree that they should be reimbursed their advances out of the pro-
ceeds of the ship, prior to the satisfaction of any other claim thereon.
Decreed.
WOODBRIDOE -(Munnings). July 23, 1822.-Slave Abolition Acts. Appeal
from the Mauritius for costs and damages against the seizor, not sustained.
Sentence affirmed with partial costs, upon the appeal, to the seizor.
This was an appeal from the Instance Court of Vice-Admiralty, at the Isle of
France, to reverse the sentence, so far as the Court had refused giving costs and
damages to the claimant, upon a decree of restitution of his ship.
The Woodbridge arrived at the Mauritius in the month of January 1819
and was seized by Captain Purvis, of H.M.S. Magicienne, upon information that
eight blacks, who had been taken into the employment of the ship at Madagascar,
were slaves. Proceedings were originally instituted against the ship and cargo
but the libel was afterwards amended, and the cargo was released.*
[64] Upon the case being opened, the Court observed :-The only question is,
whether these eight persons were on board in apparent contravention of the law :
they were not so in real, as far as the opinion of the Judge of the Vice-Admiralty
Court goes ; because he has restored the ship. Unless the master of this vessel took
the best steps to clear away all appearance of suspicion and jealousy, he could not
expect Captain Purvis to release her upon his own responsibility. He ought to have
had a proper register, and proper documents properly authenticated, to shew the
character of these individuals. Instead of this, some of his papers are antedated,
and his original log is lost.
For the respondent, the King's Advocate and Burnaby.-The substantial history
of this case must be taken from Alford, the chief mate of the Woodbridge. There
* The libel was framed upon the 46 Geo. III, c. 52, and 47 Geo. III, s. 1, c. 36.
The 5 Geo. IV, c. 17, enacts, that dealing in slaves on the high seas shall be deemed
piracy. But the laws relating to the abolition of the slave trade are amended and
consolidated by 5 Geo. IV, c. 113.
I RAGG. 62.](ViewImageLocal?handle=hein.slavery/ssactsengr0472&div=1&collection=&method=preview&ext=.png&size=3)