The "Jonge Klassina"-Bol
| Jurisdiction | England & Wales |
| Judgment Date | 30 November 1804 |
| Date | 30 November 1804 |
| Court | High Court of Admiralty |
English Reports Citation: 165 E.R. 782
IN THE HIGH COURT OF ADMIRALTY
S. C. 1 Eng. Pr. Cas. 485. Discussed and explained, The "Hypatia," [1917] P. 40. Referred to, The "Lzow," [1918] A. C. 438; Rodriquez v. Speyer, [1919] A. C. 128; Casdagli v. Casdagli, ibid. 181
[297] the " jonge klassina "-(Bol). Nov. 30, 1804.-National character of Mr. Ravie-Licence to a British merchant to import, not extended to protect shipments made by him in person in an enemy's country, as a merchant of that country. [S. C. 1 Eng. Pr Cas. 485. Discussed and explained, The " Hypatw" [1917] P. 40. Referred to, The " Liitzow," [1918] A. C. 438; Rodriguez v. Speyer, [1919] A. C. 128 ; Casdagli v. Casdagh, ibid. 181 ] This was a case on the national character of the claimant, under th& particular circumstances of this transaction, and on the effect of a licence granted to Mr. Ravie, of Birmingham, " for the importation of certain goods from Holland into this country." The question was, whether it could operate to protect a shipment made by him, in person,, t Holland, and under papers describing the firm of his house, as " Ravie and Co. of Amsterdam." On the part of the captors, the King's Advocate and Robinson.-The effect of the licence can extend no further than to protect a shipment, made for the account of Mr. Rsvxe in his character of an English merchant. It was a licence to import in the character of a British merchant, and could not enure to protect a transaction conducted by the person himself in Holland, as a merchant of Holland, and in the character rathei of an exporter from the country of the enemy, than merely as importer into this country. Mr. R. is shewn in the evidence to have been present in Holland ; and though it is said that he was there only on his way from the German fairs, it nowhere appears what was the particular nature or duration of his residence in Holland. He had a known firm at Amsterdam, to which letters were addressed, and his business is stated by himself " to be carried on by his agent in Amsterdam, except when he is there himself." It may be true that he has an extensive estab- (a) So, as to salvage cases, in The " Jonge Bashan," Slegtm, 17th Feb. 1806, in which a proportional salvage had been decreed. The owners had taken the cargo on bail, as at appraised value. An application was afterwards made to the Court to reduce the rate of salvage, on a suggestion that it exceeded the net proceeds, owing to the expenses attending the sale. The Court rejected the Petition. So, in The " Graaff Bernstorff," April 3, 1805.-In respect to the expenses attending the sale of a cargo taken on bail by the claimant, and afterwards condemned, it was objected on the part of the claimant that the Registrar and merchants had refused to allow certain charges made for warehouse room, and expenses attending the conversion of the property. But the Court over-ruled the objection, observing, I can have no hesitation as to any expenses incurred after the property was taken on bail; The captor cannot be liable to any such charges. It was a free speculation on the part of the claimant...
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