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![handle is hein.slavery/ssactsengr1031 and id is 1 raw text is: PAUL V. EDEN
[280] PAUL v. EDEN AND ANOTHER (a). Friday, 22d April, 1785. A seaman
enters on board a privateer under an agreement to receive prize-money in place
of wages, and that unless he continue on board six months, he shall forfeit his
right to prize-money. During the six months be is impressed on board a King's
ship; and after being impressed, entered on board that ship and received bounty.
Held that this was no forfeiture of the prize-money to which he had become
entitled during his service on board the privateer.
This was an action for prize-money due to the plaintiff as a seaman on board a
vessel called the Enterprise, of which the defendants were owners, and for money
had and received by them to the use of the plaintiff. The defendants pleaded the
general issue; and the trial of the cause coming on at Guildball, before the Earl
of Mansfield, at the sittings after last term, the jury found for the plaintiff, with
Z7, 17s. 6d. damages, subject to the opinion of the Court on the following case.
The plaintiff entered on board the Enterprise privateer, of which the defendants
were part owners, for a cruize of six months in the capacity of a seaman, and executed
the articles of agreement for the cruize, dated the 11th of October, 1778, in which are
contained the following clauses:-
Imprimis, It is agreed upon, expressed, and declared, that the said captain,
officers, and seamen, and others executing these presents, shall go and serve on board
the said privateer without any wages or salary, but, in lieu and stead thereof, shall
be entitled to the respective shares and proportions of all and every such prize and
prizes as shall be taken by them, and also of such bounty-money, in such manner as
is mentioned, set forth, and expressed in the schedule hereunto annexed.
Secondly, that the said privateer shall be employed in a cruize against His
Majesty's enemies for the space of six months, to commence from her departure from
the Downs, and until the said ship shall be arrived back again to the said port of
London, in case the said letters of mart or commission, or any other commission
of war to be granted in lieu thereof, shall so long continue in force.
Eleventhly, that all and every person and persons serving on board the said
privateer shall continue on board the same for the space of six months, and be full
six months at sea, (any time lying in harbour not to be included) from their departure
from the Downs, if thereto required, until the [281] ship's arrival back again to the
port of London; during which time they shall respectively perform the several duties
which their respective stations shall require, on pain of forfeiting their share of all
prizes and bounty-money whatever.
Thirteenthly, that such forfeiture shall be divided among the foremast-men,
land-men, and boys only, according to their respective shares.
About the latter end of October, 1778, the Enterprise sailed upon her intended
cruize, and arrived at Plymouth in the month of February, 1779. Upon her coming
into that harbour, the seamen in general were cautioned not to enter, in case they
should be impressed. On the 28th of February, 1779, the plaintiff, while on duty,
was impressed and put on board the Milford in His Majesty's service, and continued
on board the said ship; and on the 9th of March following entered on board the said
ship, and received the usual bounty. Whilst the plaintiff was on board the privateer
she took a prize called Les deux Sceurs, which produced X10 per share, and plaintiff,
as a seaman, was entitled to one share. The defendants have advanced and paid on
the plaintiff's account the sum of £2, 2s. 6d. An order was obtained from the
Admiralty for the plaintiffs discharge; and be was not restored to the privateer on
account of his having entered on board the Milford.
Baldwin, for the plaintiff.-This case has been determined in another case in the
Common Pleas, in which it was held that the plaintiff was entitled to recover. Price
v. Bden(b). In time of war the King has a right to the ser-[282]-vice of every sea-
(a) S. C. shortly stated, Abbott on Shipping, 444, 5th ed.
(b) The following note of Lord Loughborough's judgment in P-ice v. Eden is from
the note-book of Mr. Justice Buller.
The proviso is not confined to time of war. In this case the defendants contend
that the plaintiff must forfeit the prize-money he has once earned. Let us see how
this case can be supported. The articles express that there are to be no wages, but
881
4 DOUGL 280.](ViewImageLocal?handle=hein.slavery/ssactsengr1031&div=1&collection=&method=preview&ext=.png&size=3)