JurisdictionEngland & Wales
Judgment Date01 April 1808
Date01 April 1808
CourtHigh Court of Admiralty

English Reports Citation: 165 E.R. 1011



Referred to, Republic of Peru v Dreyfus, 1888, 38 Ch D. 359, The "Gagara," [1919] P. 95

REPORTS of CASES ARGUED and DETERMINED in the HIGH COURT of ADMIRALTY, commencing with the JUDGMENTS of the Right Hon. SIR WILLIAM SCOTT. Easter Term 1808. By THOMAS EDWARDS, LL.D., Advocate. London, 1812. CASES REPORTED IN THIS VOLUME, AND SINCE HEARD ON APPEAL. Before the Lords Commissioners of Appeal in Prize Causes. Arthur, Rathburn, January 26th 1811 ...... Affirmed. Comet, Mix, March 3d 1810 Affirmed. Elizabeth, Nowell, Jan 18th 1812 -Affirmed, and Appellant condemned in Costs. Europa, Sundberg, Jan 26th 1811 -Affirmed, and Appellants condemned in Costs. GuUhaume Tell, Sanmer, Feb. 1st 1810 ...... Affirmed. Johan, Abraham, July 7th 1810.-Affirmed, but Expenses of Claimant of Ship pronounced to be a charge on the Cargo Jonge Josias, Jurgensen, Feb. 9th 1811 . . . . . . Affirmed. Mentor, Williams, Jan 26th 1811 Affirmed. Progress, Barker, Jan 26th 1811 . . . . . . . Affirmed Rapid, Fleming, March 9th 1811 ....... Affirmed. Thorshaven, Jan. 26th 1811 Affirmed. Victoria, otherwise Alfred the Great, July 28th 1810 -Affirmed, and Appellant condemned in Costs Vrow Cornelw, Dykstra, June 13th 1811 . . . . ' i F2 A t fifi 1 [1] reports op cases argued and determined in the high court of admiralty " manilla "-(Barret). April 1, 1808.-Ports and places of St Domingo not in possession of the French, excepted out of the general character of the island as an enemy's colony since the Orders in Council recognised them as open to British trade. [Referred to, Republic of Peru v Dreyfus, 1888, 38 Ch D. 359 , The " Gagara," [1919J P. 95 ] This was a question arising on the construction of the fourth clause of the Order in Council of the llth of November 1807, as applied to those parts of St. Domingo, which had been wrested from the enemy by the insurgent negroes : the relaxation of the general prohibition to trade with the enemy contained in that clause being limited to the direct voyage between the enemy's colony and the country to which the neutral vessel belongs, or some free port in His Majesty's colonies For the captors, the King's Advocate and Arnold contended-That the question had already been disposed of by the decision of the Court of Appeals in the cases of The " Dart " and " Happy Couple" (Lords, 17th March 1808), in which it was held that notwithstanding the unsettled...

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