"Thomyris"-(Russel)

JurisdictionEngland & Wales
Judgment Date09 August 1808
Date09 August 1808
CourtHigh Court of Admiralty

English Reports Citation: 165 E.R. 1017

IN THE HIGH COURT OF ADMIRALTY

"Thomyris"-(Russel)

S C 2 Eng Pr Cas 6

[17} " thomyris " -(Russel). August 9, 1808 -Spanish barilla going to France. -Ostensible sale and importation in the port of Lisbon, not held to break the continuity of the voyage [S C 2 Eng Pr Cas 6 ] The question which arose in this case was respecting a quantity of barilla which had been brought to Lisbon in an American vessel from Ahcant in Spain, and was theie put on board this ship, for the purpose of being carried on to Cherburgh It was contended on the part of the captors that this was a mere transhipment of the barilla from one vessel to another at an intermediate port, which under the authority of former decisions was not sufficient to break the continuity of the voyage -That it must be considered as one entire voyage from Cherburgh to Alicant, and consequently that the barilla was subject to condemnation, under the Order in Council (Jan. 1807; see Appendix, p v) prohibiting the trade from one enemy's port to another On the pait of the claimants, it was urged that there was not merely a transhipment, but an actual sale of the barilla at Lisbon -That it could not be contended that the exportation of goods from Lisbon to Cherburgh was illegal in itself, as it was part of the accustomed trade of the country, with which the Order in Council was not intended to interfere That the claimants having become purchasers of the barilla at a public sale, they were at liberty to embark in the speculation of sending it to France. That it was a new speculation, originating with themselves, to which the seller was in no respect a party, and consequently that it was impossible to maintain that the present was a continuation of the former voyage [18] Judgment-*SV W Scott . This was the case of an American vessel laden with a cargo of barilla and cotton, and captured on a voyage from Lisbon to Cherburgh. The ship has been restored, and the Court directed further proof to be made of the property of the cargo, and also as to the importation of the barilla into Portugal The witnesses examined in preparatory state, that it \vas brought on board in lighters from an Amencan brig then at Lisbon , and the mate, who speaks with less reserve than the others, says that the brig was called the " Hannah," and that he was informed by the crew with whom he was acquainted, that she came from Alicant in Spain. This is a material fact, and it is fully established by the...

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