Manoel Joaquin Soares, - Appellant; George Rahn and Others, - Respondents;The Prince of Saxe Cobourg. Ladd
| Jurisdiction | UK Non-devolved |
| Judgment Date | 18 December 1838 |
| Date | 18 December 1838 |
| Court | Privy Council |
English Reports Citation: 13 E.R. 1
ON APPEAL FROM THE HIGH COURT OF ADMIRALTY OF ENGLAND.
Mews' Dig. tit. Shipping, A. X. Bottomry, 2. Validity. a. b. S.C., below, 3 Hagg. Adm. 387. Explained in Pontida (The), 1884, 9 P.D. 177; and see note to Heathorn v. Darling, 1836, 1 Moo. P.C. 14. By s. 18 of the Judicature Act, 1873 (36 and 37 Vict. c. 66), and s. 4(3) of the Judicature Act, 1891 (54 and 55 Vict. c. 53), the jurisdiction of the Judicial Committee upon any judgment or order of the High Court of Admiralty was, except as to Prize, transferred to the Court of Appeal.
REPORTS OF CASES heard and determined by the Judicial Committee and the Lords of the Privy Council, 1839-41. By Edmund F. Mooee, Barrister-at-Law. Vol. III. ON APPEAL FROM THE HIGH COURT OF ADMIRALTY OF ENGLAND. ' MANOEL JOAQUIN SOARES,-Appellant; GEORGE RAHN and Others,-Respondents;* The PRINCE OF SAXE COBOURG. Ladd. [Deo. 18, 1838]. To justify the resort by a master of a ship to a Bottomry Bond, it is requisite by Maritime Law, that the advances should be merely to enable the ship to refit; or to pay for the repairs and despatch of the vessel for the completion of her voyage: and that the master should be unable to obtain such advances upon personal credit [3 Moo. P.C. 9]. The jurisdiction of t-he Court of Admiralty in cases of Bottomry Bond, is founded on the existence of necessity, arising from the want of personal credit [3 Moo. P.C. 10, 11]. The sale of a Bottomry Bond, pursuant to public advertisement, by auction, to the lowest bidder, in a foreign port, by the master of a ship, is not sufficient to discharge a purchaser of the Bottomry Bond from making reasonable enquiries that the master is, under the circumstances, justified in granting the Bond [3 Moo. P.C. 10]. A Bottomry Bond on the ship, freight, and cargo, sold at public auction, in a foreign port, by the master and part owner of the ship, there being an agent of the charterer and sole owner of the cargo, willing to advance, on personal credit of the owner of the cargo, for the necessary repairs of the ship, under the circumstances, pronounced against. Semhle.-The master, though the original hypothecator of the ship, and a part owner, is not precluded, by the practice of the Court of Admiralty, from" joining his co-owners in impugning the Bond [3 Moo. P.C. 10]. This was originally a cause of Bottomry, promoted and brought in the High Court of Admiralty, by the Appellant, Manoel Joaquin Soares, the London Agent of [2] Messrs. Le Cesne, Guillot and Co., of Lisbon, merchants, the legal holder of a Bottomry Bond, on the ship, Prince of Saxe Cobourg, her cargo and freight, against George Rahn, and John Ladd, the principal owners of the ship, and Nathan Mayer Rothschild, the charterer of the vessel, and sole owner of the cargo. The question arose upon the validity of a Bond taken up at Lisbon by Ladd, the Master of the vessel; the charterer of the vessel and sole owner of the cargo having an authorized agent there, who it appeared had waited upon the Master, and informed him personally, and also in writing, of his character of agent for the owner, * Present: Lord Brougham, Mr. Baron Parke, Mr. Justice Bosanquet, the Chief Judge of the Court of Bankruptcy [Sir Thomas Erskine], and the Right Hon. Dr. Lushington. P.C. ii. 1 1 Ill MOORE, 3 SOARES V. RAHN-PRINCE OF SAXE COBOURG (the) [1838] and expressed himself ready and willing to advance any money necessary to repair the ship on the personal credit of the owner. It did not, however, appear that the holders of the Bond were aware of this fact at the time the Bond was executed, of which they became the purchasers in the following manner: - In the month of June 1836, (the ship being in the port of Lisbon, bound, with a cargo of quicksilver, from the port of Cadiz to London,) it was publicly advertised at...
To continue reading
Request your trial