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![handle is hein.slavery/ssactsengr0681 and id is 1 raw text is: BROWN V. SMITH L1813] I DOW.
SCOTLAND.
APPEAL FROM THE COURT OF SESSION.
BROWN, and Others (Merchants),-Appellants; SMITH, and Others (Under-
writers),-Resondents [June 2, 1813].
[Mews' Dig. xiii. 1287 ; 3 Scots R. R. 90. See Falkner v. Ritchie, 1814,
2 Al. & S. 290.]
[Ship insured at and from Liverpool to the coast of Africa, etc., and from
thence to the West Indies, and America. On her arrival on the coast,
the crew mutiny, and resolve to carry the ship to an enemy's port ; but.
not being able to navigate the vessel, this is entrusted to the Boatswain,
who, instead of making for Cayenne, as the crew imagined, steered for
Barbadoes, where the ringleaders were seized, and some executed. Govern-
mient Agent takes possession of the ship, and sells her, and her outward
cargo and stores, [350] for the benefit of all concerned. Decided, that,
under these circumstances, the assured were entitled to abandon, and
recover as for a total loss.]
This was a question of insurance on the ship and cargo of The Friendship, em-
ployed in a voyage to Africa in the slave-trade. The insurance was in the names
of the Appellants, and all others concerned, at and from Liverpool to the coast of
Africa, during the stay and trade at any ports and places there, and from thence
to the port and ports of discharge, sale, and final destination, in the British or
foreign West Indies and America, upon any kind of goods and merchandises;
and also upon the body, tackle, apparel, ordnance, munition, artillery, boat and
other furniture, of and in the good ship or vessel called The Friendship, beginning
the adventure upon the said goods and merchandizes from the loading thereof at
Liverpool, and to continue on the ship, etc. until moored at anchor twenty-four
hours ; and on the goods and merchandizes till discharged and safely landed.
The perils insured were the common ones, including barratry of the Masters
and mariners, and all other perils, losses, and misfortunes, that have or shall come
to the hurt, detriment, or damage of the said goods and merchandizes, and ship,
etc. or any part thereof.
Th7e Friendship, in prosecution of the voyage for which she was insured, sailed
from Liverpool the 9th August, 1801, under the command of William [351]
Beamish Lane, and arrived off the coast of Africa, in Majumbo Bay, on the 6th
October thereafter. Soon after her arrival, and before any slaves were taken in,
the crew mutinied, and resolved to carry the ship into an enemy's port.
On the sixth day after the vessel had anchored, it being necessary for the Master
to go on shore, he landed from one of the boats, and directed the boatmen to wait
his return on the beach ; but no sooner had the Master turned his back, than, dis-
obeying the orders given by him, they sailed to the vessel, to put her under the com-
mand of the mutinous party. In the middle of the night, that part of the crew who
were not in the conspiracy were disturbed by the sound of musquetry on deck ; and
on coming up they discovered that the Second Mate, who had been on watch at the
time, was shot by the mutineers. The other two Mates were roughly handled. The
mutinous part of the crew soon acquired the undisputed command .of the vessel,
and having cut the cable, they set sail, with the avowed intention of proceeding to
an enemy's port.
A short time after the mutiny broke out, the First Mate, Third Mate, and five of
the sailors who would not join in the piratical scheme that had been formed, were
permitted to go on shore in the whale-boat, and they carried along with them a very
considerable quantity of the ship's stores and provisions : others of the'seamen who
were desirous of joining this party were refused permission, as their assistance, it was
thought, would be necessary in the course of the future voyage. On the appearance
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