"Nemesis"
| Jurisdiction | England & Wales |
| Judgment Date | 09 December 1808 |
| Date | 09 December 1808 |
| Court | High Court of Admiralty |
English Reports Citation: 165 E.R. 1029
IN THE HIGH COURT OF ADMIRALTY
[50] " nemesis " Dec 9, 1808.-Costs and damages on loss of a ship captured on unjustifiable grounds.-Navigation Act not considered to extend to Gibraltar. This ship was captured at the entrance of the Tagus by the " Primrose " sloop of war and sent to Falmouth, where she was afterwards lost The ship and cargo were clearly English property, and it was urged on the part of the claimants, that there being nothing to justify the detention it was a case for costs and damages. Judgment-Sir W Scott : This is an unfortunate case of a ship and cargo which were brought into Falmouth roads and there lost. The ship was captured on a voyage from Gibraltar to Oporto, with orders to touch at Lisbon for the purpose of delivering two pipes of wine, which were consigned to Sir Charles Cotton, the British Admiral upon that station , and, in case he found the English in possession of the place, the master was directed to obtain permission to dispose of his cargo there, consisting chiefly of articles of British manufacture, and such as were peculiarly adapted to the Lisbon market There is no defect in the proof of property, as it clearly appears that both the ship and cargo belong to Mr. Tyrwlutt, an English subject residing at Gibraltar, where he holds the office of marshal of the Vice-Admiralty Court. Some observations have been made on the impropriety of a person in that situation being connected with shipping transactions, and it may be liable to objection; but that such an officer should be a trader of some species cannot, 1 presume, well be avoided, as such offices abroad do not frequently themselves afford a sufficient maintenance. It appears that the ship had been proceeded against at Gibraltar, and, on being restored, [51] was sold by her owner to a Mr Winter, who again sold her to the present claimant No objection has been made to the validity of the transfer, though there seems to have been some inaccuracy in the date of the bill of sale, but not of a nature to be made the subject of serious observation. It is said, that the vessel had no register on board, and that the captor was induced by this deficiency to make the seizure I cannot bring myself to believe that he considered that as any justifiable ground for detaining the vessel, as he could hardly be ignorant, that being foreign built, she was not entitled to a British register It has also been objected that she had not her...
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