The "Tutela"-(Reintrock, Master)
| Jurisdiction | England & Wales |
| Judgment Date | 29 October 1805 |
| Date | 29 October 1805 |
| Court | High Court of Admiralty |
English Reports Citation: 165 E.R. 892
IN THE HIGH COURT OF ADMIRALTY
[177] the " tutela "-(Remtrock, Master). Oct 29, 1805 -Blockade, de facto, notoriety of the fact sufficient to affect a master admitted to be cognisant, without warning on the spot This was a case of a Swedish vessel with a cargo of corn put on board at Bourdeaux, in the month of May and August 1805, and captured on the 20th of August, on a destination to St Lucar. The master had stated in his examination " that he had heard of the blockade of St. Lucar before he sailed from Bourdeaux, that he had remonstrated with the shipper against pursuing his intended voyage, but that the shipper obliged him to proceed, as he had signed the charter-party before his knowledge of the blockade On the part of the claimant, Laurence and Robinson -This vessel had gone into Bourdeaux in April, and had taken on board part of her lading in May, under a charter-party made before any knowledge of the blockade of St Lucar could have reached Bourdeaux She was detained under an embargo till August, and was then permitted to take on board the remainder of her cargo and proceed on her voyage. These are circumstances which bring the vessel withm the favourable considerations which the Court applied to another Swedish vessel (" Hnffmm ]}, (a) An appeal being entered agairibt this sentence generally, no further order has been made on this part of the Report On a subsequent occasion, the Court expressed its satisfaction, that this cause had been appealed, observing, that it involved a question very fit to be regulated by higher authority 60 ROB 178. THE " TUTELA " 893 under a doubt, \vhether the blockade of Cadiz and St. Lucar was known to the neutral master at the time of sailing But it is said that the master has removed every doubt upon this question by his own admission, and that he is affected by the notoriety of the fact of the actual blockade, as much as if the...
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