Acteon (Rogers)

JurisdictionEngland & Wales
Judgment Date11 May 1815
Date11 May 1815
CourtHigh Court of Admiralty

English Reports Citation: 165 E.R. 1411

IN THE HIGH COURT OF ADMIRALTY

Acteon (Rogers)

S. C 2 Eng. Pr. Cas. 209 Discussed, The "Ostee" 1855, 9 Moore P C 150; 14 R. R 255 (with note): The "Leucade," 1855, 2 8p. Ecc & Ad. 232. Referred to. The "Rannveig." [1920] P. 184. The Bermsse,"[1921] 1 A. C 465.

[48] " acteon"-(Rogers). May 11,1815 -What is the due measure of restitution to persons making out a legal claim to property destroyed by captors. t ?53 [S. C 2 Eng. Pr. Gas. 209 Discussed, The " Ostsee" 1855, 9 Moore, P C 150 ; 14 E. R 255 (with note) : The " Leucade" 1855, 2 Sp. Eec & Ad. 232* Referred to, The " Rannveig," [1920] P. 184 . The " Bernisse " [19211 1 A C 465.] This was the case of an American ship, which, on the 24th of January 1813 sailed from Norfolk in Virginia to the port of Cadiz, laden with a cargo of about 4200 barrels of flour, which had been shipped under a British* licence, dated the * In the year 1812, the British Government being very desirous that the port of Cadiz should receive a constant supply of American flour, granted numerous licences, authorising any vessels, except French vessels, being unarmed, and not less than 100 tons burden, and bearing any flag except that of France, to import into Cadiz, from any port of the United States of America, cargoes of grain meal flour, or rice, without molestation on account of any hostilities which might exist between His Majesty and the United States, notwithstanding such ships and cargoes might be the property of any American citizens, and to whomsoever the same might belong, and to receive their freight, and to return to any port not blockaded 1412 THE " ACTEON " 2 DODS. 4- 13th of August 1812, and was to be in force for nine months from the time of its date. On the 27th of February, the vessel arrived at Cadiz ; and the master having: delivered his cargo, produced the licence under which he had sailed, to the British minister resident at that place, who granted him a further licence, permitting him to [49] ship a cargo of lawful merchandise, and to return with it to any port in the United States of America The master having taken on board a fe.w boxes of fruit, four quarter casks of wine, and some other trifling articles, set sail on the first of April, bound to Boston in America In the course of his voyage, he was boarded by several British ships, the commanders of which examined his licence, and permitted him to proceed on his voyage, which he accordingly did until about noon of the 12th of May, when he was captured by His Majesty's ship " La Hogue," commanded by the Honourable Captain Capel, who, on the evening of the same day, set fire to the vessel and destroyed it. A claim was given for the ship and cargo as the property of...

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8 cases
  • The Bathori
    • United Kingdom
    • Prize Court
    • October 20, 1932
    ...safe conduct was an act in respect whereof restitution in value with damages must be awarded under the jurisdiction in prize : (The Action, 2 Dods. 48, 51). The learned judge said this: " The natural rule is, that if a party be unjustly deprived of his property he ought to be put as nearly ......
  • The Bathori
    • United Kingdom
    • Privy Council
    • November 3, 1933
    ...and restitution on account of violation of safe-conduct was clearly established (the judgments of Sir William Scott in The ActeonENR, 2 Dods. 48, 51, and of Dr. Lushington in The Troija, (1854) 1 Spink, 342, and The Phoenix, (1854) 1 Spink, 306, were cited). (b) Article 1 of Hague Conventio......
  • James Aspinall Tobin, who has Survived Thomas Tobin v The Queen
    • United Kingdom
    • Court of Common Pleas
    • January 1, 1864
    ...party has been allowed to sue the captor in the Admiralty court. Such were the eases of The Nemesis, 1 Edwards Adm. R. 50, and The Adeon, 2 Dods. 48. In the last-mentioned case, Sir W. Scott, after stating the general rule applicable to cases of this description, says : " Neither does it ma......
  • Schacht v Otter and Another
    • United Kingdom
    • Privy Council
    • February 23, 1855
    ...Story " On Prize Courts," pp. 35, 39, 112 (Pratt's Edition), The William (6 Rob. 316), The Washington (6 Rob. 275), The Acteon (2 Dod. 48), The Hend/rick and Jacob (cited in The Betsey, 1 Rob. 97), The Triton (4 Rob. 78), The Nemesis (Edwards, 50). The WUhelmsberg (5 Rob. 144), The Cornei M......
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