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![handle is hein.slavery/ssactsengr0948 and id is 1 raw text is: HILL. ANNO .23 AND 24 CAR. II. IN ,B. R.
[190] CASTILIAN versus PLATT.
2 Keb. 877.
Error of a judgment in Communi Banco, in a scire facias against three executors,
the error assigned was, that one was an infant.
Hale. No doubt a scire facias lies against him; and seeing this case is, that he
did not appear, judgment was well given against him.
SIMON MORSE versus WILLIAM SLUE.
[See S. C. 3 Keb. 72; 84 E. R. 601 (with note).]
Postea 238. Raym. 220. 1 Mod. 85. 2 Keb. 806. 3 Keb. 72, &c.
Molloy 209, 210. 2 Lev. 69.
Michael. ult. Rot. 421. An action upon the case was brought by the plaintiff
against the defendant; and he declared, that whereas according to the law and
custom of England, masters and governors of ships which go from London beyond
sea and take upon them to carry goods beyond sea, are bound to keep safely day and
night the same goods, without loss or substraction, ita quod pro defectu of them,
they may not come to any damage; and whereas the 15th of May last, the defendant
was master of a certain ship called The William and John, then riding at the port of
London, and the plaintiff had caused to be laden on board her three trunks, and
therein 400 pair of silk stockings, and 174 pounds of silk, by him to be transported
for a reasonable reward of freight to be paid, and he then and there did receive them,
and ought to have transported them, &c. but he did so negligently keep them, that
in default of sufficient care and custody of him and his servants, 17 May, the same
were totally lost out of the said ship.
Upon not guilty pleaded, a special verdict was found, (viz.) that the ship lay in
the river of Thames, in the port of London, in the parish of Stepney,. in the county
of Middlesex, prout, &c.
That the goods were delivered by the plaintiff on board the ship, prout, &c. to be
transported to Cadiz in Spain.
That the goods being on board, there were a sufficient number of men for to look
after and attend her, left in her.
That in the night came eleven persons on pretence of pressing of seamen for the
King's service, and by force seized on these men (which were four or five, found to
be sufficient as before) and took the goods.
That the master was to have wages from the owners, and the mariners from the
master.
That she was of the burthen of 150 tun, &c.
So the question was upon a trial at Bar, whether the master were chargeable upon
this matter 7
It was insisted on for the plaintiff, that he who took goods to carry them for
profit, ought to keep them at his peril.
[191] To which it was answered, that there was no negligence appear'd in the
master. By the civil law, if goods were taken by pirates, the master shall not
answer for them; and this is not the case of a carrier, for tho' here the goods are
received at land, yet they are to be transported, and being one intire contract, they
shall not be under one law in the port and another at sea ; the master is not liable in
ease of fire or sinking the ship; every one knows the ship is liable to inevitable
accidents, and there is no case of this nature in experience. And Serjeant Maynard
added, that this differed from the case of a carrier, for that he is paid by the owner
of the goods ; but here the master is servant to the owner of the ship, and he pays
him, and not the merchant.
The Court inclined strongly for the defendant, there being not the least negligence
in him: but it was appointed to be argued, but since I've heard it was compounded.
It was agreed on all hands, that the master should have answered, in case there had
been any default in him, or his mariners. Postea 238.
K. B. xv.-5
I VENTRIS, 190.](ViewImageLocal?handle=hein.slavery/ssactsengr0948&div=1&collection=&method=preview&ext=.png&size=3)