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" James and William," In re The Eng. Rep. 132 (1809-1865)

handle is hein.slavery/ssactsengr0101 and id is 1 raw text is: JAMES AND WILLIAM (7 1E) [1810]

JAMES and WILLIAM, POLLARD, Master [July 25th, 1810].
Captor's expences.-Ship and cargo sent on to England by order of Vice-Admiralty
Court for sale pursuant to 41 Geo. 3. [c. 96] sect. 9. Expence attending the
providing securities to be allowed a charge upon the property.-Insurance
upon the same and upon freight allowed. Commission on effecting insurance;
on purchase of Exchequer bills.
In this case their Lordships, on the 10th February 1808, had pronounced for the
appeal of the claimant, and decreed the ship and cargo to be restored, or the value
thereof paid to the claimant, upon payment of the captor's expences in both Courts,
referring the accompt sales of the said ship and cargo, brought in by the claimant's
proctor, to the registrar and merchants to report thereon. A report was accordingly
made out, which was objected to in several articles. These objections were again
referred to the registrar [338] and merchants, who reported  that in respect to the
several articles so referred to them, the same ought to be allowed as in the schedule
thereunto annexed. *
For the Claimant, it was o~jected, in reference to the charges contained in the
report, that the captors had unnecessarily incurred the expences attendant on find-
ing securities, amounting to £937 14s. at the rate of £5 per cent. upon the value
of the ship and cargo, which had been sent by the order of the Vice-[339]-Admiralty
Court at Ber-iuda on to England for sale, the proceeds to be deposited in the Bank
to abide the decision of the Lords Commissioners of Appeal, pursuant to the Act of
the 41st George third [c. 96], section the ninth, intituled, An act for the better
regulation of His Majesty's prize courts in the West Indies and America, and for
giving a more speedy and effectual execution to the decrees of the Lords Commis-
sioners of Appeal. As the claimant had not required security, it was unreasonable
the expences attending the finding securities should make a part of the report. No
objection having been made to letting the ship and cargo go on to England without it,

* SCHEDULE.
Interest on cash advanced on account sales of ship
Ditto      Ditto         on cargo
Ditto      Ditto         on general account
These charges are set off against interest due to
the claimant from the prompt of sales, till the
purchase of Exchequer bills.
Premium of insurance on freight and commission.
4 per cent. on effecting insurance on £22,020
per cent. on purchase of Exchequer bills
4 per cent. on bill for outfit, £864, part of
Agency       .       .    .    .
5 per cent. for the securities at Bermuda
Postage
OBJECTIONS ON THE PART OF THE CLAIMANT
5 per cent. commission on outfit and expenses
Allowed on outfit only £864
2J per cent. ditto on sales of ship
2J per cent. ditto on sales of cargo
Disallowances in former report
Allowed consignees by present report .
To be accounted for by Messrs. Shedden and Co. and
Atkins and Co.

Disallowed.

163 1 8
1097 5 8
52 10 0
937 14 0
52 5 0
38 10 0
662 8 0

Allowed.

110 2
95 0
4 6

0  2  3
209 10  8
9  1  0
£200   9  8
£1732 15 2
200  9 8
£1532   5 6

ARDEN, Registrar of His Majesty's High
Court of Appeals for Prizes.

I ACTON, 338

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