Smith v Nicolis
| Jurisdiction | England & Wales |
| Judgment Date | 25 January 1839 |
| Date | 25 January 1839 |
| Court | Court of Common Pleas |
English Reports Citation: 132 E.R. 1084
IN THE COURT OF COMMON PLEAS
S. C. 7 Scott, 147; 1 Arn. 474l; 7 D. P. C. 282; 8 L. J. C. P. 92. Applied, Bank of Australia v. Harding, 1850, 9 C. B. 686; Brine v. Great Western Railway, 1862, 2 B. &. S. 410; Macredy v. Taylor, 1873, Ir R. 7 C. L. 267. Referred to, In re Henderson, 1887-89, 35 Ch. D. 717; 37 Ch. D. 244; 15 App. Cas. 1; In re King v. Beesley, 18951 Q. B. 193.
[208] smith v. nicolls. Jan. 25, 1839. [S. C. 7 Scott, 147 ; 1 Arn. 474; 7 D. P. C. 282; 8 L, J. C. P. 92. Applied, Bank of Australasia v. Harding, 1850, 9 C. B. 689; Brine v. Great Western Railway, 1862, 2 B. & S. 410; Meeredy v. Taylor, 1873, Ir. K. 7 C. L. 267. Eeferred to, In re Henderson, 1887-89, 35 Ch. D. 717; 37 Ch. D. 244; 15 App. Gas. I; In re King v. Beesley, [1895] 1 Q. B. 193.] To an action of trover Defendant pleaded, that Defendant being within the jurisdiction of the Admiralty Court of Sierra Leone, Plaintiff recovered a judgment against him in that Court for the same cause of action : Held, ill. Case. The declaration contained six counts :-the first count was for an unfounded charge of illegal trading and seizure of the Plaintiff's ship, the " Admiral Owen;" 2, for maliciously arresting the Plaintiff for an alleged rescue of the " Admiral Owen," and obliging him to enter into recognizances in the sum of 20001., to appear to the charge within six calendar months then following; 3, for falsely charging the Plaintiff with having feloniously received government stores, alleged to have been feloniously stolen, the Plaintiff knowing the same to have been so stolen, and causing him to be imprisoned for a long time ; 4, for falsely charging the Plaintiff with having received goods, knowing them to have been stolen, and causing his house and premises to be entered and searched for them ; 5, for not selling the Plaintiff's goods with due care; and the sixth was a count in trover. To these counts the Defendant pleaded, 1, not guilty; 2, the statute of limitations ; 5BING.(N.C.)209, SMITH V. NICOLLS 1085 3, to the fifth count, that Defendant had not the sale or disposal of the goods; 4, to the last count, that, the goods were not the goods, &c. of the Plaintiff; and, 5th, to part of the last count, that before and at and during the times in the last count mentioned, the Defendant was a public officer of our Lord the King, to wit, governor and superintendent of a certain island, then parcel of his Majesty's possessions in parts beyond the seas, called Fernando Po, and one of the justices assigned to keep the peace of our Lord the King in and for the said island, the said island then being within the jurisdiction of the Court of Vice-Admiralty, of and for and held [209] within his Majesty's colony of Sierra Leone : that he being such public officer and justice as aforesaid, and believing that a breach of the navigation laws had been committed by the Plaintiff with the said ship and boat within the said jurisdiction, and that the said ship and boat, and the goods on board of the ship were liable to forfeiture, arid that it was his duty, as such public officer and justice, to cause the said ship and boat, with the goods then on board thereof, to be conveyed to Sierra Leone for adjudication in the said Court, did, to wit, on, &c., within the said jurisdiction, cause the said ship and boat, and the goods then on board of the ship to be, and the same ship, boat, and goods, thereupon were seized by the crew of a certain ship employed in his Majesty's service in that behalf; and thereupon then and there caused the same ship, boat, and goods, to be, and the same thereupon then were conveyed to Sierra Leone aforesaid, for adjudication in the said Court, on the matters there to be alleged in respect of such breach of the said laws; and, thereupon, then caused the same ship, boat, and goods to be, and the same then were detained at Sierra Leone for a certain space of time, to wit, for the space of three weeks; at the expiration whereof, to wit, on, &c., the said ship, boat, and goods were restored to and received back by the Plaintiff, he then being discharged and acquitted of the said breach of navigation law: that in so causing the ship, boat, and goods to be seized, conveyed, and detained as aforesaid and not otherwise, he converted and disposed thereof in manner and form as the Plaintiff had above in that behalf complained against him : that before the commencement of this suit, to wit, on, &c., the Plaintiff impleaded the Defendant in the said Court of Vice-Admiralty, the same court then and thenceforth continually having jurisdiction in the premises, of and concerning the causing the said ship, boat, and goods to be seized, con-[210]-veyed, and detained, as aforesaid, and for all the damages by the Plaintiff sustained on occasion thereof; and the Plaintiff then claimed and sued for such damages in such plea in the said court as aforesaid; and such proceedings were thereupon had in the said court, that afterwards and before the commencement of this suit, to wit, on, &c., a sentence and decree were made and pronounced in and by the Court in the said plea, and in and upon the matters of the said claim and suit; and by that sentence and decree it was ordered and adjudged, that the Defendant should pay to the Plaintiff the damages by the Plaintiff sustained on occasion of the premises, with costs and expenses, the amount of such costs, damages, and expenses to be ascertained and reported to the said court by the registrar thereof : and, thereupon, afterwards and before the commencement of this suit, to wit, on, &c., the registrar of the court, to wit, one John Samo, did ascertain and report to the Court that such costs, damages, and expenses, amounted to a certain sum of money, to wit, 4501. 5s. ; and which report was afterwards and before the commencement of this suit, to wit, on, &c., read and affirmedjjby the said Court: which sentence, decree, and affirmance, have not been in anywise reversed or made void: and that, the Defendant was ready to verify. Seventhly, that before and at and during the times in the same count mentioned, the Defendant was a public officer, to wit, governor, &c. of Fernando Po, &c., and one of the justices, &c.: that at the said times when, &c., the said goods were in and upon the said island ; and that before any of the said times...
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