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![handle is hein.slavery/ssactsengr1027 and id is 1 raw text is: to share in what prizes might be taken, in certain proportions; and it is admitted
that the plaintiff has had his share of the prize which was actually taken. The
question then is, whether he can now make any demand, in the nature of wages, for
the time he had the care of the prize; and the light in which it strikes us, is this.
The ship sets out in a double capacity; she is to perform a trading voyage, and to
carry negroes from Africa to America; but, before that, she is to cruize for three
months as a privateer. All demand on account of the trading voyage is gone. But,
in her character as a privateer, the crew are entitled to no wages. They all run equal
risks, and take their chance of their respective shares in prizes.
The postea to be delivered to the defendant.
MEGIT against JOHNSON AND ANOTHER, Administrators of Lowe. Saturday,
25th Nov. 1780. The effects of an intestate having vested in the Crown by
forfeiture, if letters of administration are granted to A. in consequence of a
warrant from the King, and they run in the usual form, viz. to pay debts, &c.
but with this additional clause, for the use and benefit of His Majesty, A. shall
be answerable as administrator for the debts of the intestate, and shall not be
permitted to give evidence tending to question the validity of the letters of
administration.
Action of debt on a bond. The plaintiff, in his declaration, averred, that, after
the death of Lowe the obligor, administration of the goods and chattels of the said
Lowe, at the time of his death, was duly granted to the defendants.-To this the
defendants pleaded; 1. That such administration was not granted to them; 2. Non
est factum; 3. That they had fully administered.-On the two first pleas issue was
joined. To the third, the plaintiff replied; that, on the 23d of January, 1780, the
defendants had divers goods and chattels, which were of the said Lowe at the time
of his death, in their hands to be administered, with which they might have satisfied
the plaintiff's debt.-Upon this replication issue was also joined.
[543] The cause came on for trial, before Lord Mansfield, at Guildhall, at the
sittings after last Trinity term, when a verdict was found for the plaintiff, subject to
the opinion of the Court on a case reserved. The case stated; that the plaintiff's
demand arose on a bond given him by Ralph Lowe, deceased, dated the 6th of January,
1776, in the penal sum of £240, conditioned for the payment of £120, and that on
this bond there was due to the plaintiff, at the time of the trial, the sum of £142.
It then set forth an inquisition taken on the body of Lowe, before the coroner of
Liverpool, on the 10th of April, 1779, by which, upon the view of the body, and the
testimony of witnesses, it was found, that he, being confined in the gaol of that place
on a charge of felony, had taken a large quantity of laudanum, on purpose to poison
himself, and that he was felo de se. The case then set forth three other exhibits, viz.
1. A memorial by the defendants, as treasurers of the society called The Amicable
Contributionship, or Hand-in-Hand Office, for Insuring Houses and Buildings from
Fire, to the Commissioners of the Treasury. 2. A warrant, under the sign manual,
in consequence of this memorial, directed to the advocate, and Procurator-General, or
either of them. 3. Letters of administration granted thereupon to the defendants,
by the Archbishop of Canterbury. The substance of the memorial was; that Lowe
had insured, at the office of the defendants, the sum of £2350 on a building, called
the Emanuel Hospital for the Blind, in Kentish Town, and that the landlord of the
building had also ensured £1200 upon it; that afterwards, the building was consumed
by fire, and suspicions arising in the minds of the directors, that this had happened
by the malicious and wilful act of Lowe, they had taken great pains to discover the
truth, and bring him to justice, and, having received abundant circumstantial evidence
of his guilt, they procured a warrant for apprehending him; that he was taken at
Liverpool, and committed by the mayor, to the gaol of that place, to be conducted
to London the next day; but that, to avoid public justice and disgrace, he poisoned
himself, and died a few hours after his commitment; that, upon the inquisition before
the coroner, he had been found felo de se, and was sentenced to be, and accordingly
was buried in the King's highway; that he died possessed of a considerable personal
estate, particularly [544] £700 capital stock, three valuable leasehold houses, besides
furniture and other effects, which the memorialists were informed, had been, or were
about to be, seised for the King's use; that the landlord of the hospital had demanded
344
MEGIT V0. JOHNSON
2 DOUGL 543.](ViewImageLocal?handle=hein.slavery/ssactsengr1027&div=1&collection=&method=preview&ext=.png&size=3)