The "Levin Lank"-(J. Tuzo) Master
| Jurisdiction | England & Wales |
| Judgment Date | 08 February 1856 |
| Date | 08 February 1856 |
| Court | High Court of Admiralty |
English Reports Citation: 166 E.R. 1010
HIGH COURT OF ADMIRALTY OF ENGLAND
S. C. Moore, 10 P C 201; 14 E R 469.
in the privy council Present-The Right Hon Stephen Lushington. The Right Hon T Pemberton Leigh. The Right Hon. Sir Edward Ryan. The Right Hon. Sir William H. Maule. the " levin lank "-(J. Tuzo) Master February 8, 1856.-On appeal from the Vice-Admiralty Court of St Helena.-On a decree of the Privy Council, reversing a sentence of the Vice-Admiralty Court of St Helena, which had condemned the " Levin Lank " as a slaver, and restoring the property with costs and damages, the owners' claim for damages amounting to upwards of £20,000, was in great part made up of probable or possible profits which it was asserted they might have made, had not it been for the detention of the vessel. Held, affirming the report of the registrar and merchants, that the owners were entitled to be reimbursed to the full extent of their losses, but could not claim profits, which though possible, might never have been realised. [S C Moore, 10 P 0 201; 14 E R. 469.] This was an objection taken to the report of the registrar and merchants in a cause of appeal from a sentence of the Vice-Admiralty Court of St Helena, condemning the " Levin Lank," which had been seized by H M S " Ranger "' on the African coast, in January 1850, on the ground that she was engaged in carrying on the slave trade. In November 1852, their Lordships advised Her Majesty that the sentence appealed from should be reversed, and the ship and goods restored with costs and damages. In April 1855, the appellants brought in their claim for damages amounting to [46J £20,408, Os. 5d. Of this claim the registrar and merchants allowed only £1593, 9s. lOd. ; and this report was now objected on behalf of the appellants. The schedule annexed to the report, and the following statement of the registrar's reasons for such report, contain all the necessary facts and circumstances of the case. Schedule referred to in the Report of the Registrar and Merchants. Claimed £ s. d. No. 1. To cost price of the " Levin Lank " . . 1400 0 0 2. ,, Value of cargo on board when seized . . 23 15 0 3. ä Ditto stores ditto . . . 13 4 0 Allowed. £ s. d. 1400 0 0 23 15 0 13 4 0 1011 11 3 4 11 3 4 ti . 1,000 0 0 1 - 1 45 12 7 i - e 304 4 0 - 3 13 10 0 13 10 0 T 5 15 G 5 15 6 f 15 3 0 15 3 0 i 90 8 0 90 8 0 i 19 1 0 i 19 1 0 I 210 0 0 1 b - i 491 12 9 r . 444 0 0 ^ - . 600 15 3 - 960 0 0 - 294 10 8 - 60 0 0 - i 5 15 0 r - ) 236 0 0 - 7 89 11 0 - 6334 1 1 1591 19 10 Claimed. Allowed. £ s. d. £ s. d. 6334 1 1 i 1591 19 10 36 12 0 - 551 5 10 SWAB 47. THE LEVIN LANK No. 4. To value of provisions on board when seized 6. ä Loss sustained by owners of " Levin Lank " up to 4th March 1850, by being deprived of her services to communicate with Bonny and New Calabar 6. ä Value of oil paid to ransom boat and oil seized by the natives 7. ,, Loss on palm oil which could not be shipped in the " Roe " so soon as it would have been by the " Levin Lank " . 8. ä Wages of 6 Kroomen from 4th January to 1st March 1850 . 9. ,, Ditto of Joseph Wallman from 1st January to 21st March 1850 10. ä Ditto of Charles Clements from 4th January to 15th April 1850 11. ä Ditto of Captain Joseph Tuzo from 4th January to 20th August 1850. 12. ä Board of ditto from 15th April to 20th August 1850 13. ä Extra detention of the " Mary " by reason of the capture of the " Levin Lank " 21 days at £10 per day 14. ä Loss sustained on cargo brought to England in the " Mary" by reason of its not arriving so soon as it would have done had the "Levin Lank" not been captured ...... 15. ,, Extra detention of the barque " Roe " for 74 days at £6 per day . 16. ä Loss sustained on cargo brought to England in the " Roe " 17. ä Extra detention of the barque " Druid " 120 days at £8 per day 18. ä Loss sustained on cargo brought to England m the "Druid" .... 19. ä Passage of Mr. Henry in the " Druid " to" give evidence in England £40 20. ä Ditto of Charles Clements, ditto £20 . 21. ,, Expenses incurred by Mr. Harrison from Liverpool to London and back m consultation ...... 22. ,, Wages of Captain Tuzo from llth January to 31st August 1852, while in England to give evidence .... 23. ä Ditto of Charles Clements from 11th January 1851, to ditto ditto Carried over Brought forward 24. ,, Travelling and hotel expenses of Mr. R. C Henry, Captain Tuzo, and Charles Clements from Liverpool to London, while at the latter place, and back to Liverpool ...... 25. ä Mr. Henry's loss of time from his recovery from illness on 3rd June 1851 to 31st August 1852 1012 THE LEVIN LANK SWAB 48. No. 26. To losses sustained by the owners of the " Levin Lank " in their trade at Benin from the 29th January 1851, when they were officially informed of her condem...
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