The Juno

JurisdictionEngland & Wales
Judgment Date14 December 1914
Date14 December 1914
CourtProbate, Divorce and Admiralty Division

Prize Court

Right Hon. Sir S. T. Evans, President

The Juno

The Friends Roscoe's English Prize Cases, vol. 2, 48 Edw. 246

The Fortuna Roscoe, vol. 2. 17 Edw. 56

The Prosper Roscoe, vol. 2, 25 Edw. 72

British ship Enemy goods Interruption of voyage

MARITIME LAW CASES 15 Prize Ct.] The Juno. [Prize Ct. Nov. 30 and Dec. 14, 1914 (Before the Right Hon. Sir S. T. Evans, President.) The Juno. (a) British ship - Enemy goods - Interruption of voyage - Seizure of goods - Condemnation - Claim for freight - Allowance of part of freight - Principle to be applied - Calculation of amount to be allowed - Rule to be followed. Where cargo, the property of an alien enemy, is seized on board a British vessel and condemned as lawful prize, the shipowners are entitled to claim from the Crown such a sum as is fair and reason-able under all the circumstances. This, amount is to be ascertained by reference to the registrar and merchants, and in fixing the amount regard must be had to the rate of freight agreed upon, the extent to which the voyage has been made, the costs incurred before the date of the seizure, and the benefit accruing to the cargo from the actual carriage. In the absence of any special circumstances, no sum is to he allowed for delay or inconvenience arising to the ship and the ship-owners owners from any diversion during the contemplated voyage or from any detention for the purposes of the capture. This was a case in which a claim was made by the Bristol Steam Navigation Company, the owners of the steamship Juno, a British ship, with respect to freight doe upon a contract to carry certain goods from Bristol to Amsterdam, the goods being destined ulimately for alien enemies in Germany. The Juno, after leaving Bristol, put in at Swansea and the goods were there seized and afterwards condemned. The company also claimed for other expenses and losses arising oat of the seizure. Baleson, K.C. and Balloch for the Grown. Dunlop for the claimants. The learned President condemned the goods as prize, and reserved judgment as to the freight and the other claims raised. The facts and the arguments sufficiently appear in the judgment. Cur. adv. vult. Dec 14 - The President. - The steamship Juno is a British vessel. It belongs to the claimants, the Bristol Steam Navigation Company Limited. On the 28th July 1914 certain cargoes consisting of (1) red earth; (2) tin alloy; (3) strontium ore, were shipped on board the Juno at Bristol. The cargoes were destined ultimately for various places in Germany, but the sea voyage destination in each case was Amsterdam. After leaving Bristol the vessel called at Swansea to load other cargo. She finished her loading there on the 1st Aug., and was then ready to proseed on her voyage. Her owners, however, decided to delay her departure owing to fear of complications on the Continent. While the...

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