The "Tremont"-(Gray)
| Jurisdiction | England & Wales |
| Judgment Date | 13 January 1841 |
| Date | 13 January 1841 |
| Court | High Court of Admiralty |
English Reports Citation: 166 E.R. 534
HIGH COURT OF ADMIRALTY
the " tremont "-(Gray) January 13, 1841 -In cases of sale under a decree of the Court, the transfer of the ship's register is not essential to the validity of the purchaser's title The title conferred by the Court in the exercise of its authority in decreeing the sale, is a sufficient title against the whole world.-Monition against the American consul to bring in the register of an American ship, sold at Liverpool in a cause of bottomry, refused This was a case of an American vessel which had been sold at Liverpool under a decree of the Court in a cause of bottomry. Subsequent to the arrest the ship was abandoned by the owners, and the master delivered the register to the American consul at Liverpool, who declined to restore it, upon the ground that having received it m his official capacity, he was bound to send it to the secretary of the treasury of the United States. The ship was purchased by an American, and he refused to complete the purchase until the register had been given up Under these circumstances, Burnaby now moved the Court for a monition against the consul, calling upon him to ahew cause why the register should not be brought in , and in support of the motion it was urged-that, upon general principle in cases of this kind, the documents, which were necessary to establish the title in the [164] ship, became de ywre the property of the purchaser at the time when the sale was effected , that bj the practice of the Court, if these documents were abstracted or withheld, a monition lay as a matter of course to compel their production , and in various cases of British vessels sold under the process of the Court, such monitions had been issued and enforced , that there was nothing in the circumstances of the case to warrant a departure from the ordinary rule The vessel was American property, and had been purchased by a citizen of America ; and it did not appear that, by the law of America, the consul was compelled to withhold the document in question If any such law was intended to be set up, the existence of that law must be legally proved, and the party on whose behalf the motion was made, was at least entitled to know the grounds upon which the delivery of the register was denied Per Cunam -In all cases of bottomry and salvage, and also m claims for wages, which aie brought before it, this Court possesses an undoubted power to decree a sale of the vessel...
To continue reading
Request your trial
-
The ‘Turtle Bay’
...Marshal, Western Australia District Registry (1998) 87 FCR 229 (folld) Silia, The [1981] 2 Lloyd's Rep 534 (folld) Tremont, The (1841) 1 W Rob 163; 166 ER 534 (folld) Westport (No 2) , The [1965] 1 WLR 871; [1965] 1 Lloyd's Rep 549 (refd) Rules of Court (Cap 322, R 5, 2006 Rev Ed) O 70;O 70......
-
Algemene Bank Nederland NV v Tan Chin Tiong and Another
...jurisdiction where the law is settled that the purchaser of the ship derives his title from the court`s order: see The Tremont (1841) 1 W Rob 163; 166 ER 534. It was argued that as the Comptroller would not have possession of the title deeds, to require him to do so for the purpose of deduc......
-
Duncan v Trinidad Dredging Company Ltd
...sale are equivalent to sequestration and execution and are incidents in proceedings in rem.” See also The Tremant 1861 1 W.M. Rob. 163; 166 E.R. 534; The James W. Elwell 1921 Probate 351. Although the arrester was in part held liable on a ground which did not arise for consideration in this......
- The Cerro Colorado
-
JUDICIAL SALE OF ARRESTED VESSELS
...Bay [2013] 4 SLR 615 at [17]. 24 The Turtle Bay [2013] 4 SLR 615 at [11]; The Sea Urchin [2014] 2 SLR 646 at [8]. See also The Tremont (1841) 1 Wm Rob 163; The Acrux [1962] 1 Lloyd's Rep 405 at 409; and The Cerro Colorado [1993] 1 Lloyd's Rep 58 at 60 and 61. 25 The Bold Buccleugh (1851) 7 ......