Umbragio Obicini v Bligh
| Jurisdiction | England & Wales |
| Judgment Date | 27 April 1832 |
| Date | 27 April 1832 |
| Court | Court of Common Pleas |
English Reports Citation: 131 E.R. 423
COURT OF COMMON PLEAS
S. C. 1 Mo. & Sc. 47; 1 L. J. C. P. 99.
umbragio obicini v. bligh. April 27, 1832. [S. C. 1 Moo. & Bo. 477; 1 L. J. C. P. 99.] In order to sustain a suit in England for damages awarded by an Admiralty Court abroad, the transcript of the proceedings in the Admiralty Court should shew expressly, and not by mere inference, the sentence of the Admiralty Court, and that the Defendant was within its jurisdiction. This was an action of debt brought to recover a sum which the Plaintiff claimed to be due to him on a judgment of the Vice-Admiralty Court of the island of Malta. At the trial of the cause before Tindal 0. J., London sittings after last Trinity term, a verdict was found for the Plaintiff for 2991., subject to the opinion of the Court on the following ease:- [336] The Plaintiff was the administrator, under limited letters of administration, of Gregory Mattel, formerly of the island of Malta. The Defendant was a captain in his Majesty's navy, and at the time the cause of action arose, commanded a ship of war called the "Glatton." On the 5th of January 1809, a Sicilian vessel called "La Madonna della Lettera e Gesu Maria Giuseppe " was-captured by the " Glatton " under Captain Bligh, and taken into Malta, when a claim was made for the said ship and cargo in the Vice-Admiralty Court at Malta; and it was upon the proceedings of that Court in that cause, that the present action was brought. The Plaintiff produced in proof of those proceedings, a document under the seal of the said Court, of which the following is a copy :- " George the Fourth, by the grace of God, of the United Kingdom of Great Britain and Ireland King, defender of the faith: To all and singular persons of whatsoever dignity, state, degree, or pre-eminence they be, to whom these present letters testimonial shall come, greeting. We do by these presents make known and signify unto you, that upon examining the records of our Vice-Admiralty Court of the island of Malta, and territories thereunto belonging, kept by John Locker, Esq., the principal registrar of the said Court, we find certain interlocutory degrees, instruments, and proceedings, had, made, and prosecuted in our said Vice-Admiralty Court in a certain cause or business, intituled 'La Madonna della Lettera e Gesu Maria Giuseppe,' Francesco Micali, master, taken by his Majesty's ship of war ' Glatton,' George Miller Bligh, Esq., commander, and brought to Malta, to the tenor and effect, and at the times hereinafter expressed; to wit, "On Saturday the 25th day of February 1809, before the Worshipful John Sewell, Doctor of Laws, Judge of the Vice-Admiralty Court of the island of Malta, and territories thereunto belonging, in the court room situate [337] in Strada Mercanti, in the city of Lavaletta, in the said island of Malta : " Present, W. Stevens, deputy registrar : ' La Madonna della Lettera e Gesu Maria Giuseppe,' Francisco' Micali, master, taken by His Majesty's ship of war, ' Glatton,' George Miller Bligh, Esq., commander, and brought to Malta. On admission of the territorial claim for the ship and cargo. "Eouverie, for Fenton, prayed the claim of territory for ship and cargo to be admitted, and the ship and cargo to be restored with costs and damages. "Jackson prayed the cause to stand over until Wednesday, in order that the captain might translate certain letters of advice and invoices, to shew that part of the cargo did not belong to the subjects of his Sicilian Majesty. "Rouverie objected thereto, and prayed the cause to be heard immediately; whereupon the Judge directed the cause to be heard this day, both proctors agreeing 424 OBICINI V. BLIGH 8 BINO. $38. to take the papers as translated. The Judge then gave leave to Mr. Mattel, the agent of his Sicilian Majesty, to amend his claim if he thought proper; whereupon the Court was informed Mr. Mattei wished to hear the claim as it then stood; whereupon the Judge having heard the evidences and proofs read, and advocates and proctors on both sides thereon, admitted the claim for the ship and cargo (save the goods mentioned in the bill of lading, No. 19); pronounced the ship and cargo (saving as before) to belong as claimed ; and, by interlocutory, decreed the same to be restored to the claimant for the use of the owners and proprietors thereof, and reserved the adjudication of goods in bill of lading, No. 19, and the question of costs and damages, to whensoever; and by further interlocutory decree pronounced freight to be due on said goods: decree of unlivery of goods in bill of lading, No. 19. Jackson [338] prayed a decree of inspection of said goods, which the Judge was pleased to reject, f "On Saturday the 15th day of April 1809, before the Worshipful John Sewell, &c. on admission of the territorial claim as amended, and on the question of costs and damages, Fenton prayed the territorial claim inasmuch as amended to be admitted, and the remainder of the cargo to be restored, with costs and damages. " Jackson alleged that he did not object to the admission of said territorial claim as amended, but prayed the Judge to reject Fenton's petition for costs and damages. The Judge having heard the aforesaid claim and evidence, and proofs, read at the petition of Fenton, on motion of counsel, and with consent of Jackson, admitted the aforesaid claim; pronounced the goods to belong as claimed; and by interlocutory decree the same to be restored to claimant for the use of the owners and proprietors thereof; and having heard advocates and proctors on both sides, by further interlocutory decree pronounced the demurrage to be due from the day of the capture, viz. the 5th of January, to the 4th of March last, as also interest on the value of the cargo for such period, and special damage, if any could be shewn, but gave no costs; and further reserved the consideration of premium of insurance. "On Wednesday the 14th of March 1810, before the Worshipful John SeweH, &c. the deputy registrar's report, as to damages, is confirmed if not objected to by this day. The Judge was pleased to confirm the said report. Present, Allen and Jackson. " On Saturday, the 10th of October 1810, before the Worshipful John Sewell, &c. Fenton and Allen alleged, that on the 14th of March last the registrar and merchants' report as to special damages was confirmed, and that their clients had made repeated application to the captor's agent for the payment of the amount of [339] said special damages as confirmed, but that he had not been able to obtain the same; and prayed the Judge to decree a monition to issue forth against the said captors and their agent for the payment of such special damages, and which the Judge decreed accordingly. " Monition. "' George the Third, by the grace of God of the United Kingdom of Great Britain and Ireland King, defender of the faith. To John Chapman, Gent., Deputy Marshal of the Vice-Admiralty Court of the island of Malta and the territories thereunto belonging, greeting : Whereas, the Worshipful John Sewell, Doctor of Laws, Judge of the Vice-Admiralty Court of the island of Malta, and the territories thereunto belonging, and also to hear and determine all and all manner of causes and complaints as to ships and goods seized and taken as prize, specially constituted and appointed, rightly and duly proceeding in a certain cause or business of prize, moved and prosecuted before him in our said Court on behalf of George Miller Bligh, Esq., commander of our ship of war "Glatton," the captor of a certain vessel called...
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